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.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 an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work 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 11.1.4 to substantiate prior Applications for Payment,or resulting from errors subsequently discovered by the Owner in such documentation; .6 Subtract amounts, if any,for which the Architect or Owner has withheld or nullified a Certificate for Payment or the Owner has withheld payment as provided in Section 9.5 of the revised General Conditions;and .7 Subtract the statutory retainage of five percent(5%)of the completed Cost of the Work(items.1 - .6 above) as a fund for the protection and payment of the claims of any person or entity arising out of the Work and the State with respect to taxes,pursuant to RCW 60.28, if a retainage bond is not presented. §11.1.8 [Section purposely left blank] §11.1.9 Except with the Owner's prior approval in writing,the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §11.1.10 In taking action on the Construction Manager's Applications for Payment,the Architect,Project Manager,and Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect,Project Manager,or Owner has made a detailed examination,audit or arithmetic verification of the documentation submitted in accordance with Section 7.1.4 or other supporting data;that the Architect,Project Manager,or Owner has made exhaustive or continuous on-site inspections; or that the Architect,Project Manager,or Owner 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 auditors acting in the sole interest of the Owner.Payment by the Owner shall not constitute final approval of the Work done or the amount due. §11.1.11 The Construction Manager shall obtain Affidavits of Wages Paid from each Subcontractor of any tier within fourteen(14)days of each Subcontractor's completion of its Work on the Project. §11.2 Final Payment §11.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,except for statutory retainage, shall be made by the Owner to the Construction Manager within 30 days of the Owner's Final Acceptance of all the Work under the Contract,which shall occur when .1 the Construction Manager has fully performed the Contract except for the Construction Manager's responsibility to correct Work as provided in Section 12.2.2 of the revised General Conditions,and to satisfy other requirements, if any,which extend beyond fmal payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work(including fmal accountings from any cost reimbursable Subcontractors)and a final Application for Payment; .3 Final Completion has been achieved; .4 a final Certificate for Payment has been issued by the Architect; .5 Final Acceptance has been approved by the Everett City Council;and .6 the requirements for Final Acceptance in the revised General Conditions are met. The Owner's final payment to the Construction Manager shall be made in accordance with the Contract Documents. §11.2.2 The Owner or Owner's auditors will review and report in writing on the Construction Manager's fmal accounting(including the final accounting of any mechanical and/or electrical subcontracts under RCW 39.10.385) within 30 days after delivery of the final accounting to the Project Manager,Architect and Owner by the Construction Manager. Based upon such Cost of the Work as the Owner or Owner's auditors report to be substantiated by the Construction Manager's final accounting,and provided the other conditions of Section 11.2.1 have been met,the Architect will,within seven days after receipt of the written report of the Owner or Owner's auditors,either issue to the AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 2 8 without permission. This draft was produced by AIA software at 13:10:24 ET on 04/22/2021 under Order No.7856855196 which expires on 05/01/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1279676012)