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§ 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be
<br />awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on the basis of
<br />cost plus a fee, the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with
<br />regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10.
<br />ARTICLE10 ACCOUNTINGRECORDS
<br />The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work, and exercise such
<br />controls, as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The
<br />accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner’s auditors shall, during regular
<br />business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction
<br />Manager’s records and accounts, including complete documentation supporting accounting entries, books, job cost reports,
<br />correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, Subcontractor’s invoices, purchase
<br />orders, vouchers, memoranda, and other data relating to this Contract. The Construction Manager shall preserve these records
<br />for a period of six (6) years after final payment, or for such longer period as may be required by law.
<br />ARTICLE11 PAYMENTS FOR CONSTRUCTIONPHASESERVICES
<br />§ 11.1 ProgressPayments
<br />§ 11.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager, and Certificates for
<br />Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum, to the
<br />Construction Manager, as provided below and elsewhere in the Contract Documents.
<br />§ 11.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,
<br />or as follows:
<br />N/A
<br />§ 11.1.3 Provided that an Application for Payment is received by the Architect not later than the first (1st) day of a month, the
<br />Owner shall make payment of theamounts certified to the Construction Manager not later than the fifth (5th) day of the
<br />following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of
<br />the amount certified shall be made by the Owner not later than « thirty-five» ( « 35 » ) days after the Architect receives the
<br />Application for Payment.
<br />(Federal, state or local laws may require payment within a certain period of time.)
<br />§ 11.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices
<br />or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that payments
<br />already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received
<br />by the Construction Manager, plus payrolls for the period covered by the present Application for Payment, less that portion of the
<br />progress payments attributable to the Construction Manager’s Fee.
<br />§ 11.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction
<br />Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum
<br />Price among: (1) the various portions of the Work; (2) any contingency for costs that are included in the Guaranteed
<br />Maximum Price but not otherwise allocated to another line item or included in a Change Order; and (3) the Construction
<br />Manager’s Fee.
<br />§ 11.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the
<br />Architect may require. The schedule of values shall be used as a basis for reviewing the Construction Manager’s Applications
<br />for Payment.
<br />§ 11.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 11.1.5 shall not constitute a separate guaranteed
<br />maximum price for the Cost of the Work of each individual line item in the schedule of values.
<br />§ 11.1.5.3 When the Construction Manager allocates costs from a contingency to another line item in the schedule of values,
<br />the Construction Manager shall submit supporting documentation to the Architect.
<br />AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of
<br />Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.This draft was produced at 13:53:13 CDT
<br />17
<br />on 08/18/2025 under Subscription No.20250116558 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance
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<br />User Notes: (640e2aedf442e4498d096805)
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