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12-15-2014 Council Agenda
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Init. <br />those payments attributable to the Construction Manager's Fee, plus payrolls for the period covered by the present <br />Application for Payment. <br />§ 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the <br />Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire <br />Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee <br />shall be shown as a single separate items. The schedule of values shall be prepared in such form and supported by <br />such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the <br />Architect, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. <br />§ 7,1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end <br />of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (I) the <br />percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by <br />dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of <br />the Work for which the Construction Manager has made or intends to make actual payment prior to the next <br />Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in <br />the schedule of values. <br />§ 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be <br />computed as follows: <br />.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as <br />determined by multiplying the percentage of completion of each portion of the Work by the share of <br />the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. <br />Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute <br />shall be included as provided in Section 7.3.9 of AIA Document A201-2007; <br />.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment <br />delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in <br />advance by the Owner, suitably stored off the site at a location agreed upon in writing; <br />.3 Add the Construction Manager's Fee, less retainage of five percent (5 %). The Construction <br />Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the <br />Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the <br />same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the <br />probable Cost of the Work upon its completion; <br />.4 Subtract retainage of five percent (5 %) from that portion of the Work that the Construction Manager <br />self -performs; <br />.5 Subtract the aggregate of previous payments made by the Owner; <br />.6 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by <br />Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently <br />discovered by the Owner's auditors in such documentation; and <br />.7 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment <br />as provided in Section 9.5 of AIA Document A201-2007. <br />§ 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and <br />approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the <br />Construction Manager shall execute subcontracts in accordance with those agreements. <br />§ 7.1.9 Except with the Owner's prior approval, the Construction Manager shall not stake advance payments to <br />suppliers for materials or equipment which have not been delivered and stored at the site. <br />§ 7.1.10 In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to <br />rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be <br />deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the <br />documentation submitted in accordance with Section 7..4 or other supporting data; that the Architect has made <br />exhaustive or continuous on-site inspections; or that the Architect has made examinations to ascertain how or for <br />what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such <br />examinations, audits and verifications, if required by the Owner, will be perforated by the Owner's auditors acting <br />in the sole interest of the Owner. <br />AIA Document A133'"— 2009 (formerly A121 °"CMc — 2003). Copyright O 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. <br />WARNING: hills AIA') Document is protector] by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 14 - <br />Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under tho law. <br />This document was produced by AIA software at 16:20:45 on 12/02/2014 under Order No.3644058906_1 which expires on 08/14/2015, and is not for resale. <br />User Notes: (1970105415) <br />18 <br />
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