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

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then been issued by the Architect; (4) Contractor certifies that the Project has been constructed in compliance with the Architect's or Engineer's plans, specifications and Construction Documents by completing the Texas Accessibility Standards (TAS) and the completion of the Field Inspection Compliance items; and (5) Owner has voted to accept the Work and approve Final Payment. Such final payment shall be made by the Owner not more than 30 days after Owner approval. If Final Payment is withheld, the amount withheld shall not be greater than the amount of work remaining to be performed or the amount of correction of nonconforming work. § 7.2.2 The amount of the final payment shall be calculated as follows: .1 Take the sum of the Cost of the Work substantiated by the Construction Manager's final accounting and the Construction Manager's Fee, but not more than the Guaranteed Maximum Price. .2 Subtract amounts, if any, for which the Architect or Owner disputes, refuses or withholds payment, including liquidated damages, if any. .3 Subtract the aggregate of previous payments made by the Owner. If the aggregate of previous payments made by the Owner exceeds the amount due the Construction Manager, the Construction Manager shall reimburse the difference to the Owner. § 7.2.3 The Owner's accountants or other representatives will review and report in writing on the Construction Manager's final accounting within 30 days after delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's accountants or other representatives report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Section 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's accountants or other representatives, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Section 9.5.1 of the General Conditions of the Contract . The time periods stated in this Section 7.2 supersede those stated in Section 9.4.1 of the General Conditions of the Contract.. § 7.2.4 If the Owner's accountants or other representatives report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to proceed in accordance with Article 9 without a further decision of the Architect. Unless agreed to otherwise, a demand for mediation, or other dispute resolution as provided in the Contract Documents, of the disputed amount shall be made by the Construction Manager within thirty (30) days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to make such demand within this thirty (30)-day period shall result in the substantiated amount reported by the Owner's accountants becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 7.2.5 If, subsequent to final payment and at the Owner's prior written request, the Construction Manager incurs costs described in Section 6.1 and not excluded by Section 6.2 (1) to correct nonconforming Work that is not the fault of the Construction Manager, or (2) arising from the resolution of disputes, the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee, if any, related thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. ARTICLE 8 INSURANCE AND BONDS § 8.1 INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER During both phases of the Project, the Construction Manager shall purchase and maintain insurance as will protect the construction Manager, the Owner, the Owner's agents, trustees, representatives, servants, employees, and officers, set forth in this Article and in Article 11 of the General Conditions of the Contract, which may arise out of claims as set forth below, and which may arise out of or result from the Construction Manager's operations under this Contract, whether such operations be by Construction Manager, or by any subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. Except as to Workers' Compensation insurance, Owner shall be listed as an additional insured, and said insurance shall be primary as to the owner. All identified insurance coverages shall have a waiver of subrogation in favor of Owner. Init. AIA Document A121 n"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. 7 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)