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

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§ 2.2.10 The Guaranteed Maximum Price shall not include in the Cost of the Work any taxes from which Owner is exempt. § 2.3 CONSTRUCTION PHASE § 2.3.1 GENERAL § 2.3.1.1 The Construction Phase shall commence on the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price (Paragraphs deleted) (Paragraph deleted) Proposal, full execution of Amendment No. 1, and issuance of a written Notice to Proceed. Substantial Completion therefore is (365) calendar days from notice to proceed scheduled for December 2008. § 2.3.2 ADMINISTRATION § 2.3.2.1 The Construction Manager shall publicly advertise and solicit through competitive purchasing, as required by law, competitive sealed bidding or competitive sealed proposals from subcontractors for the performance of all major ((Exceeding $50,000) elements of the Work. The Owner shall then determine, with the advice of the Construction Manager and subject to the reasonable objection of the Architect, which proposals will be accepted. The Construction Manager may seek to perform portions of the Work required to be publicly advertised. If the Construction Manager submits its own proposal for any portion of the Work, it shall do so in the same manner as required of all subcontractors. Owner shall decide whether or not Construction Manager's proposal for self - performing portions of the Project offers the best value to Owner. In opening proposals, neither Construction Manager nor Owner shall disclose the contents of a proposal. All proposals shall be made public within seven days after the Owner's final selection or after the award of the contract, whichever is later. If Construction Manager's proposal is selected by the Owner, the proposed cost for the self -performed work shall be paid to the Construction Manager, pursuant to progress payments, as if Construction Manager were a subcontractor. Such payments to Construction Manager shall be included in the Cost of the Work, but the Construction Manager shall not receive an additional Construction Manager's fee for self -performed work. § 2.3.2.2 If during the course of recommending proposals, the Construction Manager recommends in writing to Owner a proposal from subcontractor, but the Owner requires another proposal to be accepted, the Owner may compensate the Construction Manager by a change in price, time, and/or Guaranteed Maximum Price for any additional cost and risk that the Construction Manager may incur as a result, if such change exists. Construction Manager shall state the additional cost and/or risk in writing and shall provide written proof of same before Owner compensates Construction Manager. § 2.3.2.2.1 The Construction Manager shall include the following specific notices in the formation to proposers: 1 The successful proposer's responsibility to provide workers' compensation insurance in accordance with Texas Labor Code Chapter 406; .2 The successful proposer's responsibility to pay prevailing wages pursuant to Texas Government Code Chapter 2258; .3 A notice of the sales tax exemption for the Project and the procedure for obtaining any required exemption verification or certificate; .4 The notice regarding trench and shoring safety required by Texas Health and Safety Code Section 756.02. § 2.3.2.2.2 Nothing herein shall preclude the Construction Manager from including other notices required or allowed by law § 2.3.2.3 Subcontracts and agreements with suppliers furnishing materials or equipment fabricated to a special design shall conform to the payment provisions of Article 7 of this Agreement and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. Init. AIA Document A121 TM'CMc — 2003 and AGC Document 565. Copyright© 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and International Treaties % 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)