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

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diligence. and the Owner and Architect were not informed of such conflicts as required by subparagraph 2 1 2 ] Provided however, that this provision shall apply only with respect to conflicts a pn earing in the Drawings and Specifications provided for the Construction Manager's review prior to proposal of a Guaranteed Maximum Price as defined in Section 5.2.1 of this Agreement. PAGE When Project requirements described in Section 3.1.1 have been sufficiently identified, the Construction Manager shall prepare, and periodically update, a preliminary Project schedule for the Architect's review and the Owner's approval. The Construction Manager shall obtain the Architect's approval of the portion of the preliminary Project schedule relating to the performance of the Architect's services. The Construction Manager shall coordinate and integrate the preliminary Project schedule with the services and activities of the Owner, Architect and Construction 114aflagei—Manager, and construction Manager's subcontractors. As design proceeds, the preliminary Project schedule shall be updated to indicate proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, submittal of a Guaranteed Maximum Price proposal, preparation and processing of shop drawings and samples, delivery of materials or equipment requiring long -lead-time procurement, Owner's occupancy requirements showing portions of the Project having occupancy priority, and proposed date 9 priority and fixed completion dates proposed date of Substantial Completion and proposed date of Final Completion acceptable to Owner. If preliminary Project schedule updates indicate that previously approved schedules may not be met, the Construction Manager shall make appropriate recommendations to the Owner and "f�teet--Architect and shall implement necessary corrective action The Construction Manager shall make recommendations to the Owner and Architect regarding the phased issuance of Drawings and Specifications to fedit to phasedeens4uetien of the cv Fk :f e-h phased ate for- the PFqjeet, taking into eansidefation sueh gaetor-s as eeenaFmes, time -of peFfeFmanee, availability of la]uar end materials, and p-eN4sion,for-_te;pefaf faeili so as to facilitate the proposal of a Guaranteed Maximum Price when the Drawings and Specifications are ninety-five (95%) complete The Drawings and Specifications shall be deemed to be ninety percent complete when all elements of the Drawings and Specifications are not less than ninety percent complete as mutually agreed by the Owner and the Construction Manager. § 2.1.5.4 If any estimate submitted to the Owner exceeds previously approved estimates or the Owner's budget, the Construction Manager shall make appropriate recommendations to the Owner and ^- .Architect for cost reductions, including but not limited to substitution of materials or revisions or alterations to the Design Development Documents or the Construction Documents to bring the Project within the Owner's budget but shall not delete necessary components of the Project without Owner's consent In the event that the guality or scope identified in the estimates are unacceptable or exceed the Owner's identified budget the Construction Manager shall work with the Architect to develop options that are acceptable to Owner and are within the Owner's budget and meet the Owner's requirements for dates for Substantial Completion and Final Completion The -TO the extent not inconsistent with the Construction Manager's requirements the Construction Manager shall seek to develop subcontractor interest in the Project and shall furnish to the Owner and Architect for their information a list of possible subcontractors, including suppliers who are to furnish materials or equipment fabricated to a special design, from whom proposals will be requested for each principal portion of the Work. The Architect will promptly reply in writing to the Construction Manager if the Architect or Owner lFeiv-knows of any objection to such subcontractor or supplier. The receipt of such list shall not require the Owner or Architect to investigate the qualifications of proposed subcontractors or suppliers, nor shall it waive the right of the Owner or Architect later to object to or reject any proposed subcontractor or supplier. PAGE Additions and Deletions Report for AIA Document Al 21 TmCMc — 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)