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ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS
<br />§ 9.1 The Owner shall obtain bids from Prime Contractors pursuant to public bidding requirements under the UMCL.
<br />The Owner shall award Prime Contractor contracts to the lowest responsible bidder ("LRB"). Upon approval by Owner
<br />of the Construction Manager's Guaranteed Maximum Price, the Owner shall assign to the Construction Manager the
<br />said contracts for the Work. Upon assignment of the Prime Contractor contracts, the Prime Contractor shall have the
<br />rights and responsibilities of the Subcontractors and the Construction Manager shall have the rights and responsibilities
<br />of the Contractor in the A201-2017 General Conditions, as modified, provided however, that the Contractor shall not
<br />perform any Work.
<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
<br />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
<br />exercise such controls, as may be necessary for proper financial management under this Contract and to substantiate all
<br />costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's
<br />auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to
<br />audit and copy, the Construction Manager's records and accounts, including complete documentation supporting
<br />accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts,
<br />Subcontractor's proposals, Subcontractor's invoices, purchase orders, vouchers, memoranda, and other data relating to
<br />this Contract. The Construction Manager shall preserve these records for a period of six (6) years after final payment, or
<br />for such longer period 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 Owner and Construction Manager payment obligations shall be governed by the Prompt Payment Act.
<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 />that payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress
<br />payments already received by the Construction Manager, plus payrolls for the period covered by the present Application for
<br />Payment, less that portion of the 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
<br />Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire
<br />Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingency for costs that are
<br />included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change
<br />Order; and (3) the Construction Manager's Fee.
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