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<br />the Owner for review, consideration and approval. The CMAR <br />shall, prior to the issuance of a change order, determine the <br />effect on the Master Schedule of time extensions requested by <br />the Contractor. The Designer shall prepare the necessary <br />change order documents for signing by the CMAR, Designer <br />and Owner. The CMAR shall then prepare the necessary <br />documents to effect a change to the contract with the <br />Contractor. In its sole discretion the Owner may approve a <br />change in the Guaranteed Maximum Price that corresponds <br />with any approved construction contract change order. <br />3.10.10 Quality Review and Warranty <br />The CMAR unconditionally warrants and guarantees all <br />materials and workmanship against patent defects arising from <br />faulty materials, faulty workmanship or negligence for a period <br />of twelve (12) months following the date of substantial <br />completion of the Work and shall replace such defective <br />materials or workmanship without cost to the Owner. <br />3.10.10.1 In addition to the foregoing general warranty, the <br />Contract Documents may require extended warranties for <br />specified building components, including without limitation <br />mechanical and electrical equipment, elevators and escalators, <br />security equipment, roof, curtain wall, doors and waterproofing. <br />Extended warranties shall be specified in the Contract <br />Documents. All such extended warranties shall either be <br />provided by the CMAR or by a Contractor or manufacturer as <br />provided in the Contract Documents. Such warranties shall <br />provide, at a minimum, for the repair or replacement of <br />defective or non-conforming components within the warranty <br />period. <br />3.10.10.2 The CMAR shall establish and implement a program <br />to monitor the quality of construction. The purpose of the <br />program shall be to guard the Owner against defects and <br />deficiency in the work of the Contractors. The CMAR shall <br />transmit to the Designer and the Contractor a notice of <br />nonconforming work and may require that the Contractors <br />correct Work at no expense to the Owner when it is the opinion <br />of the CMAR that the Work does not conform to the <br />requirements of the Contract Documents. Except for minor <br />variations as stated herein, the CMAR is not authorized as part <br />of this service to change, evoke, enlarge, relax, alter, or to <br />release any requirement of the Contract Documents or to <br />approve or accept any portion of the Work not performed in <br />accordance with the Contract Documents. <br />3.10.11 Testing by the CMAR <br />The CMAR shall recommend to the Owner additional tests and <br />inspections that the CMAR believes should be conducted to <br />monitor the quality of construction and compliance with the <br />Contract Documents. Notice of all such tests and inspections <br />shall be provided to the Owner and the Designer, and copies of <br />the results and reports of all such tests and inspections shall be <br />provided to the Owner and the Designer. <br />3.10.12 Operation and Maintenance Materials <br />The CMAR shall obtain from the Contractors, review and <br />assemble operation and maintenance manuals, warranties and <br />guarantees for materials and equipment installed in the Project, <br />in accordance with the Contract Documents and the Master <br />Schedule. It is expected that all operation and maintenance <br />manuals will be compiled and delivered to the Owner before <br />the Project is substantially complete, and generally when the <br />Work is eighty percent complete. <br />3.10.13 Substantial Completion <br />Substantial completion is the point in time when the Work, as <br />determined by the Designer, is sufficiently complete in <br />accordance with the Contract Documents that it can be utilized <br />by the Owner for its intended use, and all necessary permits <br />and permissions for beneficial occupancy and utilization having <br />been obtained by the CMAR. All operations and maintenance <br />manuals, Owner training, and as-built drawings must be <br />submitted prior to Final Completion being achieved. <br />The CMAR shall, prior to requesting a Certificate of Substantial <br />Completion, prepare and submit to the Contractors lists <br />identifying Work that does not conform to the Contract <br />Documents. The CMAR shall not request a Certificate of <br />Substantial Completion from the Designer until the CMAR <br />believes that the Project is substantially complete and certifies <br />to the Designer that all of the Work is substantially complete. <br />The Designer shall then determine whether the Project is <br />substantially complete. Upon Substantial Completion, the <br />Designer shall prepare and submit to the CMAR a deficiency <br />list identifying all portions of the Work which are known by the <br />Designer at that time to be incomplete or defective. Within <br />forty-five (45) days of receipt of this deficiency list, the CMAR <br />shall complete and correct all items on that list along with all <br />other Work required to achieve Final Completion of the Work. <br />At any time prior to completion of the period of warranty, the <br />Designer may submit to the CMAR a supplemental deficiency <br />list, in which case the CMAR shall complete or correct any and <br />all new items identified on the Supplemental deficiency list. <br />13 <br />