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12-18-2013 Additions
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12/19/2013 10:04:49 AM
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12/19/2013 10:03:23 AM
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Init. <br />§ 3.3.12 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, <br />additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting <br />records. <br />§ 3.3.12.1 The Construction Manager shall develop and implement procedures for the review and processing of <br />Applications for Payment by Multiple Prime Contractors for progress and final payments. <br />§ 3.3.12.2 Not more frequently than monthly, the Construction Manager shall review and certify the amounts due the <br />respective Contractors as follows: <br />.1 Where there is only one Contractor responsible for performing the Work, the Construction Manager <br />shall, within seven days after the Construction Manager receives the Contractor's Application for <br />Payment, review the Application, certify the amount the Construction Manager determines is due the <br />Contractor, and forward the Contractor's Application and Certificate for Payment to the Architect. <br />.2 Where there are Multiple Prime Contractors responsible for performing different portions of the <br />Project, the Construction Manager shall, within seven days after the Construction Manager receives <br />each Contractor's Application for Payment: (1) review the Applications and certify the amount the <br />Construction Manager determines is due each Contractor, (2) prepare a Summary of Contractors' <br />Applications for Payment by summarizing information from each Contractor's Application for <br />Payment, (3) prepare a Project Application and Certificate for Payment, (4) certify the total amount the <br />Construction Manager determines is due all Multiple Prime Contractors collectively, and (5) forward <br />the Summary of Contractors' Applications for Payment and Project Application and Certificate for <br />Payment to the Architect. <br />§ 3.3.12.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based <br />on the Construction Manager's evaluations of the Work and on the data comprising the Contractors' Applications for <br />Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed <br />to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing <br />representations are subject to an evaluation of the Work for conformance with the Contract Documents upon <br />Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the <br />Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager. The <br />issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the <br />Contractor be paid the amount certified. <br />(Paragraph deleted) <br />§ 3.3.13 The Construction Manager shall review the safety programs developed by each of the Multiple Prime <br />Contractors solely and exclusively for purposes of coordinating the safety programs with those of the other <br />Contractors and for making recommendations to the Owner for any safety programs not included in the Work of the <br />Multiple Prime Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not <br />extend to direct control over or charge of the acts or omissions of the Contractor, Multiple Prime Contractors, <br />Subcontractors, agents or employees of the Contractors or Multiple Prime Contractors or Subcontractors, or any other <br />persons performing portions of the Work and not directly employed by the Construction Manager. <br />§ 3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed in <br />accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of <br />defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not <br />conform to the Contract Documents and shall notify the Architect about the rejection. The failure of the Construction <br />Manager to reject Work shall not constitute the acceptance of the Work. The Construction Manager shall record any <br />rejection of Work in its daily log and include information regarding the rejected Work in its progress reports to the <br />Architect and Owner pursuant to Section 3.3.20.1. Upon written authorization from the Owner, the Construction <br />Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the <br />provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed, and the <br />Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be <br />made so that the Architect may be present for such procedures. <br />AIA Document C132", — 2009 4fonnerly B801TMCMa — 1992). Copyright m 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights <br />reserved. WARNING: This Alit Document is protected by U.S. Copyright Law and international Treaties. Unauthonzerl reproduction or distribution of <br />this AWN(' Document, or any podion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under <br />the law. This document was produced by AIA software at 10:12:33 on 12/18/2013 under Order No.164 5 0 0127 0_1 which expires an 10/17/2014, and is not for <br />resale. <br />User Notes: 10 <br />(1400123506) <br />
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