BIM Beyond Design Guidebook (2020)

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

A-1 A P P E N D I X A Denver International Airport Contract Language

A-2 BIM Beyond Design Guidebook BUILDING INFORMATION MODELING REQUIREMENTS As used below, the term "Contractor" will mean and include Bidder/Contractor. During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the <AGENCY> Building Information Modeling (BIM) requirements; including but not limited to: The Contractor recognizes and agrees that it shall be required to use the Autodesk BIM 360 Field (Field) and Autodesk BIM 360 Glue (Glue) platforms for this Project. Contractor recognizes and agrees that it shall make exclusive use of the <AGENCY> enterprise deployment of Field and Glue as provided by the <AGENCY>; The Contractor recognizes and agrees that it shall be required to execute a BIM Project Execution Plan in cooperation with the <AGENCY> representatives in compliance with the BIM Design Standards Manual and to adhere to the terms of that plan; Contractor shall produce a construction model and perform clash detection using Glue to the standards outlined in the BIM Design Standards Manual and to deliver the coordinated models to the <AGENCY> representatives; Contractor shall utilize Field to record required asset data for all <AGENCY> assets in compliance with the BIM Design Standards Manual within five working days of the installation of each identified asset; The Contractor recognizes and agrees that it shall be required to conform to all requirements of the BIM Design Standards Manual; The Contractor recognizes and agrees that it shall use the Autodesk BIM 360 Field (Field) platform for tracking issues discovered during construction. The Contractor recognizes and agrees that it shall use the Autodesk BIM 360 Field (Field) platform for tracking of warranty issues as defined by General Contract Conditions Title 18-warranties, guarantees, and corrective work. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with the provisions of this Agreement, the sponsor will impose such Contract sanctions as it may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under this Agreement until the Contractor complies, and/or; b. Cancelling, terminating, or suspending this Agreement, in whole or in part.

Denver International Airport Contract Language A-3 EXHIBIT R BUILDING INFORMATION MODELING EXHIBIT (CM At-Risk Projects) I. GENERAL A. Purpose of Exhibit. This Building Information Modeling Exhibit (“Exhibit”) establishes the Level of Development (“LOD”) for the Building Information Model (“Model”) for the Project. It is intended that suchprotocols will be memorialized in the Project’s Building Information Modeling Project Execution Plan (“BIMPxP”), which will be developed soon after execution of the Agreement to which this Exhibit is appended. The BIMPxP will be used to create and modify the Model throughout the life of the Project. The BIMPxP will be updated throughout the Project and is hereby incorporated into the agreement by reference. B. Application of Exhibit. This Exhibit is a Contract Document and is intended to supplement both the professional services agreement (“Design Agreement”) between the <AGENCY> (“Owner”) and the Owner’s Prime Design Consultant (“Consultant”), which this Exhibit is attached to. It is also intended that this Exhibit will apply to all project participants who receive Digital Data throughout the Project’s development. Project participants may be required to verify that they have incorporated this Exhibit into their respective agreements and have likewise agreed to the most recent version of the Project’s BIMPxP. C. Necessity of the Model. The Consultant recognizes that the Model is an indispensable deliverable under the Design Agreement and will be used by the <AGENCY> for future construction and maintenance projects. Failure to meet the LODs and/or deliver the model in accordance with the BIMPxP may result in a for cause termination of the Design Agreement. II. RESPONSIBILITY FOR MODEL DEVELOPMENT A. General. The Consultant is responsible for the Models content and coordination among the Contractor, subcontractors, subconsultants and any other project participants and is assigned the responsibility for detecting and correcting errors. B. Subsidiary Models. It is anticipated that the Contractor and its Subcontractors may use Digital Data from the Model to develop several subsidiary construction models or such other uses as described in the BIMPxP. Any subsidiary models developed by the Contractor or its team shall be for the Contractor’s own benefit and none of the subsidiary models shall be considered part of Contract Documents. C. Responsibility for Model Content & Coordination among the Project Team. 1. Consultant’s Responsibility: The Consultant retains ultimate responsibility for the Model’s content as well as its development throughout the Project’s entire design and construction. These responsibilities are non-delegable. The Consultant shall further be responsible for incorporating all Building Information Modeling Exhibit R 1 As of: Jul-18

A-4 BIM Beyond Design Guidebook appropriate Digital Data relating to the design’s development into the Model. The Consultant will update the Model with Construction Information that it receives from the Contractor at intervals prescribed in the BIMPxP. (For purpose of this obligation, the term “Construction Information” includes, but is not limited to the identification, location and description of element properties of the Project’s assets.) The Consultant will decide all issues involving design intent and will be responsible for coordinating the design efforts of its own subconsultants and integrating design comments from Owner. 2. Owner’s Responsibility: Owner shall be responsible for and decide all issues involving the LOD for the various Model elements. The Owner will work with the Contractor to ensure that the format of the Digital Data it provides to the Consultant complies with the transfer protocols contained in the BIMPxP and Building Information Model Design Standards Manuel (“BIM DSM”). D. Responsibility for Detecting & Correcting Errors and Revising the Model. 1. Design issues: The Consultant shall be responsible for detecting and remedying interferences within the Model including any designs developed by consultants hired separately by the Owner. Once a solution is developed, the Consultant shall promptly revise the Model as required by the BIM DSM. 2. Construction issues: When requested by the Owner, the Consultant will be responsible for working with the Contractor to detect and remedy any interferences within the Model including any construction coordination issues with the Owner. Once a solution is developed, the Consultant shall promptly coordinate any revisions to the Model with the Owner. 3. Design/Construction Reconciliation Issues: The Consultant shall be responsible for detecting and remedying differences within the Model regarding the location and disposition of Owner designated facility assets as laid out in BIM DSM. Once a solution is developed, the Design shall promptly revise the Model as required by the BIM DSM. E. Deadlines for Model Delivery. The BIMPxP will contain a schedule for the Model’s delivery (the “Model Delivery Schedule”). The Model Delivery Schedule identifies the intermediate and final deadline(s) for delivering each phase of the Model to the Owner for review and approval. It is anticipated that the Consultant will furnish Owner with a copy of the Model at the end of the phases as set forth in the Design Agreement. It is likewise acknowledged that the date for each deadline (as well as the LOD designations themselves) may be subsequently amended or modified in the BIMPxP. However, the Consultant needs a baseline schedule in order to price its efforts. Thus to the extent the BIMPxP subsequently modifies the original Model Delivery Schedule and such modifications impact the Consultant’s initial pricing assumptions, the Consultant may be entitled to additional compensation. Failure by the consultant to meet the timelines or model phases, may result in the Owner holding pay applications until the Model phase is achieved and approved by the owner. F. Owner’s Review and Input. Based upon the Consultant’s submittals as described above, Owner shall review and provide comments to the Consultant and/or Contractor (depending upon the nature of Owner’s comments) in a timely manner. The Consultant and/or Contractor shall take all necessary and reasonable steps to address Building Information Modeling Exhibit R 2 As of: Jul-18

Denver International Airport Contract Language A-5 Building Information Modeling Exhibit R 3 As of: Jul-18 such comments. Based upon the input of all concerned, and with Owner’s approval, the Consultant shall revise the Model as soon as reasonably possible. G. Standard of Care. The Consultant shall perform its professional design services in accordance with the Standards of Performance described in the Agreement. With respect to the performance of the Consultant’s Model Development services, the Consultant shall, at a minimum, conform to the requirements in this BIM Exhibit, the BIM DSM as well as the high standards of care and practice as outlined by the <AGENCY> State Board of Licensure for Architects, Professional Engineers and Professional Land Surveyors and the relevant statues and rule of the laws of the State of <AGENCY>. III. BIM PROJECT EXECUTION PLAN (“BIMPxP”) A. BIMPxP Contract Status. The BIMPxP will be modified as the Project develops. Nevertheless, the Parties are expected to comply with the requirements BIMPxP throughout the Term of the Agreement. B. Process for Development. Soon after being retained, the Consultant and the Owner will jointly develop the initial draft of the Project’s BIMPxP using the Owner’s BIMPxP Template as a starting point. If the Consultant believes that the protocols created in a subsequently developed BIMPxP represent a change in the scope of its services and believes that such change warrants an adjustment in compensation, contract sum, schedule or contract time, the Consultant is required to notify the Owner in writing in accordance with the terms of the Agreement. A failure to provide the required notice shall result in a waiver of any claim(s) for adjustments in compensation, contract sum, schedule or contract time as a result of the subsequently developed protocols. C. Elements of the BIMPxP. The Modeling protocols to be addressed in the BIMPxP shall: 1. Identify the Discipline Model Coordinator, Prime BIM Manager and when appropriate, the Construction BIM Manager and confirm their respective responsibilities per the roles described in the BIM Guidelines; 2. Define the various Authorized Uses and LOD for each Model and/or Model Element at prescribed Project milestones; 3. Identify the Project’s construction classification systems per Owner’s BIMGuidelines; 4. Define the process (and intervals) by which Project Participants will exchange and share the Model(s) and/or Model Element(s); 5. Define the process by which the Project Participants will identify, coordinate and resolve changes and updates to the Model(s) and/or Model Element(s); and 6. Include any other topics as may be required by the Owner. 7. Identify Technical Requirements, computer platform, software, etc. 8. Transmission protocols and procedures (CDs, e-mail, etc.) 9. Electronic signatures & stamps 10. Back-up, Format for exchange of As-Built information

A-6 BIM Beyond Design Guidebook Building Information Modeling Exhibit R 4 As of: Jul-18 IV. RESPONSIBILITY FOR MODEL OWNERSHIP A. Model Ownership. The Parties agree that the Owner owns and hereby retains all legal rights of ownership and title to the Model and/or Model Elements and all other ancillary Project materials (electronic or otherwise) developed or prepared specifically for the Project by the Consultant, their subconsultants and all other project participants. Nothing contained in this Exhibit shall alter, diminish or be construed as a waiver by the Owner of such ownership rights. The mere act of transmitting Digital Data or Confidential Digital Data does not convey any ownership right or legal interest in such data or in the software used to generate such data. Unless otherwise granted in a separate license, the Party receiving Digital Data or Confidential Digital Data (other than the Owner), may only use such data to design, construct, maintain, alter and/or add to the Project consistent with the terms of this BIM Exhibit, and nothing contained herein conveys any other right to use such data. C. Owner’s License to Project Team. The Owner, as owner of all intellectual property rights associated with the Model(s) and/or Model Element(s) both at common law and by statute, hereby grants to the Consultant and Contractor, a revocable, non-exclusive, non-assignable, limited license to use the Model(s) and/or Model Element(s) and other relevant ancillary Project materials (electronic or otherwise) solely and exclusively to perform services for, or construction of the Project in accordance with the terms and conditions of the Design Agreement. D. Authorized Use. The BIMPxP lists the Authorized BIM Uses and LOD of the Model(s) and/or Model Element(s) at defined Project milestones. E. Unauthorized Use. If a Party uses a Model or Model Element in a way that is inconsistent with the Authorized Uses identified in the BIMPxP or not expressly authorized herein, such use shall be considered an Unauthorized Use and shall be at that Party’s sole risk and without liability to any other Project Participant or Third- Party. V. RESPONSIBILITY FOR MAINTENANCE OF DIGITAL DATA A. Warranty of Authority to Transmit Digital Data. The transmission of Digital Data constitutes an express warranty by the Party transmitting such data that it has legal permission to possess and transmit the Digital Data in accordance with the Authorized Uses described herein and in accordance with the BIMPxP. B. Confidential Digital Data. 1. Confidential Digital Data: Confidential Digital Data is digital data expressly defined by the Owner as confidential. The transmission of Confidential Digital Data constitutes an express warranty by the Party transmitting such data that it is authorized and legally permitted to transmit the Confidential

Denver International Airport Contract Language A-7 Building Information Modeling Exhibit R 5 As of: Jul-18 Digital Data in accordance with the Authorized Uses described herein and in Owner’s BIMPxP. The Party receiving Confidential Digital Data shall keep such data confidential and shall not disclose it to any other person or entity except as provided below. The Party receiving Confidential Digital Data may disclose such data only as required by law or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity. Such Party may also disclose the Confidential Digital Data to its employees, consultants or contractors in order to perform services or work solely and exclusively for the Project, provided that such employees, consultants and contractors are likewise subject to the confidentiality restrictions set forth herein. In the event a Party in possession of Confidential Digital Data receives a subpoena seeking the production of such data, it shall immediately notify the Owner of the existence of such subpoena and give the Owner an opportunity to respond to the subpoena before releasing any such data. 2. <AGENCY> Open Records Act: Consultant acknowledges that the <AGENCY> is subject to the provisions of the <AGENCY> Open Records Act, and Consultant agrees that it will fully cooperate with the <AGENCY> in the event of a request or lawsuit arising under such act for the disclosure of any materials or information which Consultant asserts is confidential and exempt from disclosure. Any other provision of this Agreement notwithstanding, including exhibits, attachments and other documents incorporated into this Agreement by reference, all materials, records and information provided by Consultant to the <AGENCY> shall be considered confidential by the <AGENCY> only to the extent provided in the Open Records Act, and Consultant agrees that any disclosure of information by the <AGENCY> consistent with the provisions of the Open Records Act shall result in no liability of the <AGENCY>. 3. Sensitive Security Information: Sensitive Security Information (“SSI”) is defined by 49 USC §1520. The management and handling of SSI is addressed in the BIMPxP, BIM DSM, and underlying Design Agreement and Construction Agreement (as appropriate). IV. RESPONSIBILITY FOR MODEL MANAGEMENT A. Archiving. Subsequent to Final Completion of the Project, the Consultant shall be responsible for archiving all Digital Data in accordance with the obligations of its profession and the underlying Agreement. To the extent such obligations do not specifically pertain to the archiving of Digital Data, the protocols for retaining paper records shall apply. The Consultant’s obligations herein likewise include the duty to maintain the Project’s Digital Data in an updated, accessible and readable format for a period of five (5) years from Final Completion. This obligation also includes the duty to convert the Project’s Digital Data into a format compatible with any subsequently developed technology that might render the Project’s existing Digital Data obsolete. The obligations herein survive the completion, termination or expiration of the underlying Agreement.

A-8 BIM Beyond Design Guidebook Building Information Modeling Exhibit R 6 As of: Jul-18 Upon Substantial Completion of the Project, the Contractor is to provide the Consultant with As- Built information in accordance with the requirements of the BIMPxP. The Consultant is required to verify the information in accordance with the requirements and standards in the underlying Consultant Agreement. C. Software Upgrades. Upon receiving authorization to commence their respective scopes of work, the Consultant and the Contractor shall each represent to the Owner in writing that the software platform upon which the Model is to be developed is based upon the most recent version available. To the extent the Model’s software platform is upgraded during the course of the Project’s development, the Owner shall have the right (but not the obligation) to order all Project Participants to upgrade their respective platforms (at no cost to the Owner) in order to comply with the most recent version available. Responsibility to coordinate any such upgrades shall be on the Consultant and the Contractor for their respective teams (as applicable). D. Governmental Approval of Model Drawings. The Consultant shall produce printed paper and .pdf format drawings from the Model in order for the Contractor to obtain any necessary permits, approvals or government authorizations. Upon request, the Consultant shall also prepare an authentication (in a form prescribed by the Owner) verifying that the drawings are a true and accurate two-dimensional representation of the Model. E. Signing and Sealing Model. As required by the BIMPxP. F. Standard of Care. The Consultant shall perform its professional design services in accordance with the Standards of Performance described in the Agreement. With respect to the performance of the Consultant’s Model Development services, the Consultant shall, at a minimum, conform to the requirements in this BIM Exhibit, the BIM DSM as well as the high standards of care and practice as outlined by the <AGENCY> State Board of Licensure for Architects, Professional Engineers and Professional Land Surveyors and the relevant statues and rule of the laws of the State of <AGENCY>. B. Record Model.