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2.3.11.1 Based on the Construction Manager's observations
<br />and evaluations of each Contractor's Application for Payment,
<br />the Co.'~struction Manager shall review and certify tile amounts
<br />due the respective Contractors.
<br />
<br />2.3.11.2 The Construction Manager shall prepare a Project
<br />Application for Payment based on the Contractors' Certificates
<br />for Payment.
<br />
<br />2.3.11.3 The Construction Manager's certification for payment
<br />shall constitute a representation to the Owner, based on
<br />the Construction Manager's determinations at the site as pro-
<br />vialed in Subparagraph 2.3.13 and on the data comprising
<br />the Contractors' Applications for Payment, that, to the
<br />best of the Construction Manager's knowledge, information
<br />and belief, the Work has progressed to the point indicated
<br />and the quality of the Work is in accordance with the Contract
<br />Documents. The foregoing representations are subject to
<br />an evaluation of the Work for conformance with the
<br />Contract Documents upon Substantial Completion, to
<br />results of subsequent tests and inspections, to minor
<br />deviations from the Contract ,Documents correctable prior
<br />to completion and to specific qualifications expressed by the
<br />Construction Manager. The issuance of a Certificate for
<br />Payment shall further constitute a representation that the
<br />Contractor is entitled to payment in the amount certified.
<br />
<br />2.3.11.4 The issuance of a Certificate for Payment shall not
<br />be a representation that the Construction Manager has (1) made
<br />exhaustive or continuous on-site inspections to check the
<br />quality or quantity of the Work, (2) reviewed construction
<br />mean~, methods, techniques, sequences for the Contractor's
<br />own \Vork, or procedures, (3) reviewed copies of requisitions
<br />received from Subcontractors and material suppliers and other
<br />data requested by the Owner to substantiate the Contractor's
<br />right to payment or (4) ascertained how or for wi-mt purpose
<br />the Contractor has used money previously paid on account
<br />of the Contract Sum.
<br />
<br /> 2.3.12 The Construction Manager shall review the safety
<br /> programs developed by eacti of.the Contractors for pur-
<br /> poses of coordinating the safety programs with those of the
<br /> other Contractors. The Construction Manager's responsibilities
<br /> for coordination of safety programs shall not extend to direct
<br /> control oxer or charge of the acts or omissions of the Con-
<br /> tractors, Subcontractors, agents or employees of the Con-
<br /> iractors or Subcontractors, or any other persons performing
<br /> portions of the Work and not directly employed by the
<br /> Construction Manager.
<br />
<br /> 2.3.13 The Construction Manager shall determine in gen-
<br /> eral that the Work of each Contractor is being performed in
<br /> accordance with the requirements of the Contract Documents,
<br /> endeavoring to guard the Owner against defects and deficien-
<br /> cies in the Work. As appropriate, the Construction Manager
<br /> shall have authority; upon written authorization from the
<br /> Owner, to require additional inspection or testing of the Work
<br /> in accordance with the provisions of the Contract Documents,
<br /> whether or not such Work is fabricated, installed or com-
<br /> pleted. The Construction Manager, in consultation with the
<br /> Architect, may reject Work which does not conform to the
<br /> requirements of the Contract Documents.
<br />
<br /> 2.3.14 The Construction Manager shall schedule and coor-
<br /> dinate thc sequence of construction in accordance with the
<br /> Contract Documents and the latest approved Project con-
<br /> struction schedule.
<br />
<br /> 2.a.lS \Vith respect to each Contractor's own Work, the Con-
<br /> struction Manager shall not have control over or charge of
<br />
<br />and shall not bc responsible for construction means, meth-
<br />ods, techniques, sequeqces or procedures, or for safety
<br />precautions and programs in connection with the Work of
<br />each of the Contractors. since these are solely the Contrac-
<br />tor's responsibility under the Contract for Construction. The
<br />Construction Manager shall not be responsible for a Contrac-
<br />tor's failure to carry out the Work in accordance with the
<br />respective Contract Documents. The Construction Manager
<br />shall not have control over or charge of acts or omissions of
<br />the Contractors, Subcontractors, or their agents or employees,
<br />or any other persons performing portions of the Work not
<br />directly employed by the Construction Manager.
<br />
<br />2.3.16 The Construction Manager shall transmit to the Archi-
<br />tect requests for interpretations of the meaning and intent of
<br />the Drawings and Specifications, and assist in the resolution
<br />of questions that may arise.
<br />
<br />2.3,17 The Construction Manager shall review requests for
<br />changes, assist in negotiating Contractors' proposals, submit
<br />recommendations to the Architect and Owner, and, if they
<br />are accepted, prepare Change Orders and Construction
<br />Change Directives which incorporate the Architect's modifi-
<br />cations to the Documents.
<br />
<br />2.3.18 The Construction Manager shall assist the Architect in
<br />the review, evaluation and documentation of Claims.
<br />
<br />2.3.19 The Construction Manager shall receive certificates of
<br />insurance from the Contractors and forward them to the
<br />Owner with a copy to the Architect.
<br />
<br /> 2.3.20 In collaboration with the Architect, the Construction
<br /> Manager shall establish and implement procedures for expe-
<br /> diting the processing and approval of Shop Drawings, Prod-
<br /> uct Data, Samples and other submittals. The Construction
<br /> Manager shall review all Shop Drawings, Product Data, Sam-
<br /> pies and other submittals from the Contractors. The Construc-
<br /> tion Manager shall coordinate submittals with information
<br /> contained in related documents and transmit to the Archi-
<br /> tect those which have been approved by the Construction
<br /> Manager. The Construction Manager's actions shall be taken
<br /> with such reasonable prompmess as to cause no delay in the
<br /> Work or in the activities of the Owner or Contractors.
<br />
<br /> 2.3.21 The Construction Manager shall record the progress
<br /> of the Project. The Construction Manager shall submit writ-
<br /> ten progress reports to the Owner and Architect including in-
<br /> formation on each Contractor and each Contractor's Work,
<br /> as well as the entire Project, showing percentages of com-
<br /> pletion. The Construction Manager shall keep a daily log con-
<br /> taining a record of weather, each Contractor's Work on the
<br /> site, number of workers, identification of equipment, ~t)rk
<br /> accomplished, problems encountered, and other similar rele-
<br /> vant data as the Owner may require.
<br />
<br /> 2.3.22 The Construction Manager shall maintain at the Proj-
<br /> ect site for the Owner one record copy of all Contracts, Draw-
<br /> ings. Specifications, addenda, Change Orders and other
<br /> Modifications, in good order and marked currently to record
<br /> changes and selections made during construction, and in
<br /> addition, approved Shop Drawings, Product Data, Samples and
<br /> similar required submittals. The Construction Manager shall
<br /> maintain records, in duplicate, of principal building layout
<br /> lines, elevations of the bottom of footings, floor levels and
<br /> kev site elevations certified by a qualified surveyor or profes-
<br /> sit~nal engineer. The Construction Manager shall make all such
<br /> records available to the Architect and upon completion of the
<br /> Project shall deliver them to tile Owner.
<br />
<br />AIA DOCUMENT BS01/CMa ~' OWNER-CONSTR[ (.-I'ION MANA(3ER AGREEMENT * 1992
<br />EDITION · AIX~ · t~lO~)2 · ]'lie AMERICAN INSTITUTE OF ARCIII'rECTS. I-35 NE"g,'
<br />YORK A\'ENt E, N.\V, x.V:S, 5111NGTON. DC. 2o~o6-5292 · WARNING: Unlicensed
<br />photocol:~/ing violates U.S. col:s/right law~ and will subject the violator to legal prosecution.
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<br />B801/CMa-1992 4
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