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h'iAR -03. 2003 136 46 RATWIK ROSZAK MALONEY
<br />—additional Work performed on the basis of actual costs of labor
<br />and materials, and other Work requiring accounting records.
<br />2.3. 11 The Construction Manager shall develop and
<br />Mplement procedures for the review and processing of
<br />applications by Contractors for progress and final payments.
<br />2,3.11.1 Based on the Construction Manager's observations
<br />and evaluations of each Contractor's Application for Payment,
<br />the Construction M2Lnager shall review and certify the atnounts
<br />due the respective Contractors.
<br />2.3.11.2 The Consiruction Manager shall prepare a Project
<br />Application for payment based on the Contractors" Certificates
<br />for payrnent.
<br />2.3.11.3 The Construction Managers certification for
<br />payment shall constitute a representation to the Owner, based
<br />on the Construction Manager's determinations at the site as
<br />provided in Subparagraph :2.3. r3 and on the data comprising the
<br />Contractors' Applications for Payment, that, to the best of the
<br />Construction Manager's knowledge, information and belief, the
<br />Work has progressed to the point indicated and the quality of
<br />the Mork is in accordance with the Contract Documents. The
<br />foregoing reprentations are subject to an evaluation of the
<br />Work for conformance with the Contract Documents upon
<br />Substantial Completion, to results of subsequent tests and
<br />inspections, to mirror deviations from the Contract Documents
<br />correctable prior to completion and to specific qualifications
<br />expressed by the Construction Manager. The issuance of a
<br />erti orate for Payment shall Further constitute a represen Lation
<br />that the Contractor is entitled to payment In the amount
<br />certified.
<br />2.3.11.4 The issuance of a GerLificate for Payment shall not
<br />be a representation that the Construction Manager has (t)
<br />made exhaustive or continuous on -site inspections to check Lhe
<br />quality or quantity of the Work, (2) reviewed construction
<br />means, methods, techniques, sequences for the Contractor's
<br />own Work, or procedures, (3) reviewed copies of requisitions
<br />received from Subcontractors and material suppliers and other
<br />data requested by the Owner to substantiate the Contractor's
<br />right to payment or (4) ascertained how or for what purpose
<br />the Contractor has used money previously paid on account of
<br />the Contract Sure.
<br />2.3.12 The Construction Manager shall review the safety
<br />programs developed by each of the Contractors for purposes of
<br />coordinating the saFety programs with those of the other
<br />Contractors. The Construction Manager's responsibilities for
<br />coordination of safety pro rams shall not wend to direct
<br />control over or charge of the acts or omissions of the
<br />Cant rac Lora, Subcontrac tors, agents or employees of the
<br />Contractors or SubkcontraCtOrs,, or any other persons
<br />performing portions of the Work and not directly employed by
<br />the Construction Manager.
<br />2.3.13 The Construction Manager .shall UnQQrtgkC _
<br />rQ a ,Sonp hla affnrf i g determine in geinertaill that the Work of
<br />each Conitactor is being performed in accordance with the
<br />requiremelits of the Cmract Docxi eats-, endeavoring to
<br />guard the Owner against defects and deficiencies in the work.
<br />612339e036 P.08
<br />As appropriate, the Construction Manager shall have authority.
<br />upon written authoriaatiott from the Owner, to require
<br />additional inspection or testing of the work in accordance with
<br />the provisions of the Contract Docurnenm whether or not such
<br />Work is Fabricated, installed or completed. The Cunstmction
<br />Manager, in consultation with the Architect, eject
<br />Work which does not conform to the requirements of the
<br />Contact Documems unlegrz othe jpprgyed the
<br />n r.
<br />2.3.14 The Construdiort Manager shall schedule and
<br />coordinate the sequence of construction in accordance with the
<br />Contract Documents and the latest approved Project
<br />construction schedule,
<br />2.3.15 With respect to each ContraCtoes own Work, Lhe
<br />ConsL ruction Manager shall not have control over or charge of
<br />and shall not be responsible for construction means, methods,
<br />techniques, sequences or procedures, or for safety precautions
<br />and programs in connection with the Work of each of the
<br />Contractors, since these are solely the Contractor's
<br />respa ns ibility under the Contract for Construction. The
<br />Construction Manager shall not be responsible for a
<br />Contractor's failure to carry out the Work in accordance with
<br />the respective Contract Documents. The Construction
<br />Manager shalt not have control over or charge of acts or
<br />omissions of the Contractors, Subcontractors, or their agents or
<br />employees, or any other persons performing portions of the
<br />Work not directly employed by the Construction Manager.
<br />2 *3.16 The Construction Manager shall transmit to the
<br />Architect requests for interpretations of the meaning and intent
<br />of the Drawings and Specifications, and assist in the resolution
<br />of questions that may arise.
<br />2.3,17 The Construction Manager shall review requests for
<br />changes, assist its negotiating Contractors' proposals, submit
<br />recommendations to the Architect and Owner, aad, if they are
<br />accepted, prepare Charge Orders and Cot truction Change
<br />Directives which incorporate the architect's modifications to
<br />the Documents.
<br />2.3.18 The Construction Manager sliall assist the Architect in
<br />the rcvicw, evaluation and documentation o f Clairns-
<br />2.3.19 The Construction Manager shall receive certificaxes of
<br />insurance from the Contractors and forward ilxein to the
<br />Owner with a copy to the Architect.
<br />2.3.20 In collaboration with the Architect, the Construction
<br />Manager shall establish and implement procedures for
<br />expediting the processing and approval of Shop Drawings,
<br />Product Data, Samples and other submittals. The Construction
<br />l winger shall review all Shop Drawings, Product Data,
<br />Samples and other submittais from the Contractors. The
<br />Construction Manager sha14 coordinate submittals with
<br />information contained in related documents and transmit to
<br />the Architect those which have been approved by the
<br />onstructimi Mwiager. The Construction Manager's actions
<br />shall be uken with such reasonable promptness as to cause no
<br />delay in the Work or in the activities of the Owner or
<br />Contractors- 4
<br />- OWNE R - CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIAQ - WARNING., Unlicensed photocopying violares U.s. copyright laws and
<br />W;11 xu6ject }be v;olcitor to lepl prosecution. This documerxt was electronically produced with permission of the AIA and can be reproduced in
<br />accordance w i; h your l i(erl Se wit f OUT V iola=ion until the dare of expiration as wed b -dow. expiration as noted below. User Document: 4W2(1)-
<br />45UO)),aia -- 1130/2003. AIA License Number 1001863, which expires on 2/2/2003.
<br />�Iecrronic formar D8011cma -1992
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