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.9 Costs for services incurred during the Preconstruction Phase.
<br />ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS
<br />§ 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (I) before
<br />making the payment, the Construction Manager included the amount to be paid, less such discount, in an Application for
<br />Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager
<br />with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts,
<br />rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the
<br />Construction Manager shall make provisions so that they can be obtained.
<br />§ 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be credited to the Owner as
<br />a deduction from the Cost of the Work.
<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 1he 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 14 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 and such
<br />documents w'sll be subject to Indiana Code 5-14-3. The Construction Manager shall preserve these records for a period of
<br />three years after final payment, or 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 />Init. AIA Document A133 — 2019. Copyright ® d 1991, 2003, 2009, an2019. 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 16:00:21 ET on 16
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