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

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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 the Guffanteed Ma*imufn 14iee has been established and a speeifie bidder- ameng these whose bids afe deli ea b d e r, ..t eti n Manager- to the Owner- and A fehkeet (1) . nd a to t Owner- by ethe that anothei-7 bid be aeeepted, then the Geasti-aetion Manager- fftay fequ4e that a ehange in the Wer-k be issoed to adjust the Ge er Time and the !_„ Mead MaN m Price by the di ffe a be�weefi the bid F 1, r entity r-eeemmeaded to the Owner- by the Ceasa%etiea Manager- and the amount of the subeefitFaet ef Other - agreement aev&-Wy signed with the per -son or -entity designated by di n..,ae curing 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 anyeguired 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 See ie is 7.1.9 and- z.° 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. § 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 A201T"-9r, 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 ^ -it. 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 pr-eb ess-progress, including Changes to the Work approved by Owner Additions and Deletions Report for AIA Document A121 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 6 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)