2008-11-10 Regular Meeting, Public Hearing and Workshop Meeting of the La Porte City Council

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.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values, as the Guaranteed Maximum Price is adjusted for Owner -approved Change Orders and as authorized by the Architect. .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing. .3 Add the Construction Manager's Fee. The Construction Manager's Fee shall be computed upon the Cost of the Work described in the two preceding Sections at the rate stated in Section 5.1.1 or, if the Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount which bears the same ratio to that fixed -sum Fee as the Cost of the Work in the two preceding Sections bears to a reasonable estimate of the probable Cost of the Work upon its completion. .4 Subtract the aggregate of previous payments made by the Owner. .5 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's accountants or other representatives in such documentation. .6 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions of the Contract. .7 Subtract retainage of five percent (5%) of the remaining amount of the progress payment.. § 7.1.8 Except with the Owner's prior approval, payments to Subcontractors shall be subject to retention of not less than five (5) percent.. The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments and retention for subcontracts. § 7.1.9 Except with the Owner's prior written approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 7.1.10 By submitting the Construction Manager's Applications for Payment, the Construction Manager is certifying that the information presented is true, correct, accurate and complete; that he has made the necessary detailed examinations, audits and arithmetic verifications; that the submitted Work has been completed to the extent represented in the Applications for Payment; that the materials and supplies identified in the Applications for Payment have been purchased, paid for and received; that the subcontractors have been paid as identified in the Applications for Payment; and that he has made the necessary on -site inspections to confirm the accuracy of the Applications for Payment; that there are no known mechanic's or materialmen's liens outstanding at the date of requisition; that all due and payable bills with respect to the Work have been paid to date or are included in the amount requested in the current application; that except for such bills not paid but so included, there is no known basis for the filing of mechanic's or materialmen's liens; and that releases from all subcontractors and materialmen have been obtained in such form as to constitute an effective release of lien under the laws of the State of Texas causing all Work performed and for which payment has been made by the Owner to the Contractor. In certifying the Construction Manager's Application for Payment, the Architect represents that he has observed the progress of the Work, critically evaluated, reviewed and certified that the amounts requested are valid and correct. The issuance of a certificate for payment shall not be a representation by the Architect that the Architect has made exhaustive or continuous on -site inspections or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's accountants or other representatives of the Owner acting in the sole interest of the Owner. § 7.2 FINAL PAYMENT § 7.2.1 As a condition precedent to the Owner's obligation to make all of the requirements of Sections 3.5.5, 3.5.8, 9.8.2, 9.10.7.2, and 10.8.1 of the General Conditions of the Contract shall have been met and the following must have occurred. Final payment for the Work by the Owner to the Construction Manager, (1) the Work, and the Contract have been fully performed by the Construction Manager including the Construction Manager's responsibility to correct nonconforming Work, except for the Construction Manager's responsibility to satisfy other requirements, if any, which Owner agrees in writing necessarily survive final payment; (2) a final Application for Payment and a final accounting for the Cost of the Work have been submitted and certified by the Construction Manager and reviewed by the Owner's accountants or other representatives; (3) a final Certificate for Payment has Init. AIA Document A121 TMCMc — 2003 and AGC Document 565. Copyright © 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. Ali rights reserved. WARNING: This document is protected by U.S. Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:02:34 on 12/01 /2008 under Order No.1000375455_1 which expires on 10/20/2009, and is not for resale. User Notes: (4283007293)