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

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.1 In taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Section 10.6 of A201 TM'�„f the General Conditions of the Contract, to the extent practicable and not resulting from the negligence of the Construction Manager. The Construction Manager will obtain the Owner's prior approval before incurring such expenses. .2 In repairing or correcting damaged or nonconforming Work executed by the Construction Manager or the Construction Manager's Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused the Owner- set fofth in this by or contributed to by the negligence or failure of the Construction Manager or the Construction Manager's foremen, engineers or superintendents, or other supervisory, administrative or managerial personnel of the Gonstpaotien Alanage_ to fulfill a specific responsibility to the Owner set forth in this Agreement, or the failure of the Construction Manager's personnel to supervise adequately the Work of the Subcontractors or suppl e-s, and , my to the extent that the eest-suppliers: and further provided that such costs of repair or correction is not recoverable by the Construction Manager . after exhausting all attempts to obtain same from insurance Subcontractors suppliers or bonding companies § 6.1.9 The costs described in Sections 6.1.1 through 6.1.8 shall be included in the Cost of the Work notwithstanding any provision of AIA e; A201IM 9-7-the General Conditions of the Contract or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 6-=6.2 or other provisions of or amendments to this Agreement .6 E*eept ", fe,-ided in, Seeetion t a r r• �., Y=�-14 osts due to the negligence of the Construction Manager or to the failure of the Construction Manger to fulfill a specific responsibility to the Owner set forth in this Agreement. .9 Costs which would cause the Guaranteed Maximum Price to be exceeded. .10 Delay damages or claims, including any material price increases during each respective subcontract agreement. .11 Storage costs unless with prior written Owner approval .12 Taxes on any goods or services if Owner has provided Construction Manager with its tax exemption certificate. § 6.3.1 Cash discotints obtained on payffients made bY the Gafisti-Hc4iell Manager- shall aeefue to the Owner- if (1) befefe ffia6ag the payment; the Gansti-aetion Manager- ineladed them in an Appheation for- Pa)qlient and r-eeeived pa�qNent ther-efer- fi;efn the Owner-, ef (2) the Ownef has deposited fiands with the Gensti-aetieR Manager- vvi4i wh" 1n make pa)gnenta• egaef%49e, eash disesiants ha4l to the ! """"'e Manager —Construction Manager shall take advantage of all available discounts rebates and refunds for supplies materials and equipment connected with the Work and which conform to the Contract Documents which discounts rebates and refunds shall accrue to the benefit of the Owner. Cash discounts available to the Construction Manager shall accrue to the Owner. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. PAGE15 § 6.4.1 The Construction Manager shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's accountants or other representative shall be afforded access to the Construction Manager's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and the Construction Manager shall Additions and Deletions Report for AIA Document At 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 2 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 10/2012009, and is not for resale. User Notes: (4283007293)