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Init.
<br />ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS
<br />§ 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction
<br />Manager's own personnel shall be performed under subcontracts or other appropriate agreements with the Construction
<br />Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall
<br />obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or
<br />equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with
<br />the requirements of the Contract Documents. The Construction Manager shall deliver such bids to the Architect and
<br />Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to
<br />review the Construction Manager's list of proposed subcontractors and suppliers in consultation with the Architect and,
<br />subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection
<br />by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the
<br />Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction
<br />Manager has reasonable objection.
<br />§ 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is
<br />qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the
<br />Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the
<br />Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the
<br />difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the
<br />amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.
<br />§ 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall
<br />not be awarded on the basis of cost plus a fee without the Owner's prior written approval. If a subcontract is awarded on
<br />the basis of cost plus a fee, the Construction Manager shall provide in the subcontract for the Owner to receive the same
<br />audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10.
<br />ARTICLE 10 ACCOUNTING RECORDS
<br />The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work, and exercise
<br />such controls, as may be necessary for proper financial management under this Contract and to substantiate all costs
<br />incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's auditors
<br />shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and
<br />copy, the Construction Manager's records and accounts, including complete documentation supporting accounting
<br />entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals,
<br />Subcontractor's invoices, purchase orders, vouchers, memoranda, and other data relating to this Contract. The
<br />Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period
<br />as may be required by law.
<br />ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES
<br />§ 11.1 Progress Payments
<br />§ 11.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager, and Certificates
<br />for 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
<br />month, or as follows:
<br />§ 11.1.3 Provided that an Application for Payment is received by the Architect not later than the 5th day of a month, the
<br />Owner shall make payment of the amount certified to the Construction Manager not later than the 15th day of the
<br />following month. If an Application for Payment is received by the Architect after the application date fixed above,
<br />payment of the amount certified shall be made by the Owner not later than 40days 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
<br />invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate
<br />AIA Document A133 — 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects,"
<br />"AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 10:24:29 ET on
<br />10/16/2025 under Order No.4104243742 which expires on 12/31/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with
<br />the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
<br />User Notes: (846025776)
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