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

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§ 2.3.2.4 The Construction Manager shall schedule and conduct weekly or otherwise regularly -scheduled meetings at which the Owner, Architect, Construction Manager and appropriate Subcontractors can discuss the status of the Work The Construction Manager shall prepare and promptly distribute meeting minutes. The Construction Manager shall provide periodic presentations updating the progress, quality and status of the Work to Owner's City Council, at Owner's request, at no additional cost to Owner. § 2.3.2.5 Promptly after the Owner's acceptance of the Guaranteed Maximum Price proposal, the Construction Manager shall prepare a schedule in accordance with Section 3.10 of the General Conditions of the Contract, , including the Owner's occupancy requirements. § 2.3.2.6 The Construction Manager shall provide monthly written reports to the Owner and Architect on the progress of the entire Work. The Construction Manager shall maintain a daily log containing a record of weather, Subcontractors working on the site, number of workers, Work accomplished, problems encountered and other similar relevant data as the Owner may reasonably require. The log shall be available to the Owner and Architect at any time during work hours, and shall be presented for discussion at the meetings referenced in subparagraph 2.3.2.4 above. § 2.3.2.7 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress, including Changes to the Work approved by Owner, and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect at regular intervals. § 2.3.3 Upon Final Completion of the Work, the Construction Manager shall certify to the Owner that the Project, to the best of his knowledge, has been constructed in general accordance with Architect's Construction Documents. The certificate shall be in a form which is acceptable to the Owner and Construction Manager, signed by an officer of the Construction Manager and property notarized. § 2.3.4 To the extent that any Work in Project requires a trench excavation exceeding five (5) feet in depth, Construction Manager shall fully comply, and shall require any applicable subcontractor to comply, with: 1 the Occupational Safety and Health Administration standards for trench safety in effect for the construction of the work. .2 the shoring requirements, if any, of the Owner; and .3 any geotechnical information obtained by Owner for use by the Construction Manager in the design of the trench safety system. .4 Construction Manager at Risk will contact locator service when excavating. § 2.3.5 Trench excavation safety protection shall be a separate pay item, and shall be based on linear feet of trench excavated. Special shoring requirements shall also be a separate pay item, and shall be based on the square feet of shoring used. Said cost shall be included within the Guaranteed Maximum Price. § 2.4 PROFESSIONAL SERVICES Section 3.12.10 of the General Conditions of the Contract, shall apply to both the Preconstruction and Construction Phases. § 2.5 HAZARDOUS MATERIALS Section 10.3 of the General Conditions of the Contract, shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 INFORMATION AND SERVICES § 3.1.1 The Owner shall provide information required of it pursuant to this Agreement in a timely manner regarding the requirements of the Project, including a program which sets forth the Owner's objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability requirements, special Init.AIA Document A121' 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. 1 000375455_1 which expires on 10/20/2009, and is not for resale. User Notes: (4283007293)