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§ 2.3 CONSTRUCTION PHASE § 2.3. 1 GENERAL § 2.3. 1 . 1 The Construction Phase shall commence on the Owner' s written acceptance of the pe�r�Construction Manager' s Guaranteed Maximum Price proposal and the issuance of a Notice to Proceed. ( 1 ) the Owner' s aeeeptanee of the Censtr-uetien Manager' s Guaranteed Maximum Pr-iee proposal and. ..F ., N : ee to Proses, e et .. (2) the Owner' s first autherization to the Const uetio Manager- (a) ayArafd ., ubeentr., et , (b) undertake e nstmetion Work with the Construction AR .. ,,. ger-' s o F or w� undertake VVa.s al »Val Vaa Work ♦. LLiI Ll3V L.VLIJLL »V{LV1I r�r , !e\ issue « pileuuoc order- for materials rojPdcnrad for- the W 1 - § 2.3.2 ADMINISTRATION § 2. 3.2 . 1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager ' s own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated to a special design for the Work from the list previously reviewed and, after analyzing such bids, shall deliver such bids to the Owner and Architect. The Owner will then determine , with the advice of the Construction Manager and subject to the reasonable objection of the Architect, which bids will be accepted. The Owner may designate specific persons or entities from whom the Construction Manager shall obtain bids ; however, if the Guaranteed Maximum Price has been established , the Owner may not prohibit the Construction Manager from obtaining bids from other qualified bidders . The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 2.3.2 .2 If the Guaranteed Maximum Price has been established and a specific bidder among those whose bids are delivered by the Construction Manager to the Owner and Architect ( 1 ) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid which conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a change in the Work be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 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 Sections 7 . 1 . 8 and 7 . 1 .9 and shall not be awarded on the basis of cost plus a fee without the prior written consent of the Owner. § 2.3.2.4 The Construction Manager shall schedule and conduct 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 fninute :minutes to attendees . § 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 A201TM- 1997 , as modified , 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 that shall be at least monthly and in writing . The Construction Manager acknowledges and Arnehitecc—agrees that Section 8 . 2 . 3 of the A201TM- 1997 , as modified, is applicable in such circumstances . § 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 and estimates for uncompleted tasks and proposed changes . The 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. 6 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 17:00:26 on 05/25/2005 under Order No. 1000126313_1 which expires on 6/29/2005, and is not for resale. User Notes: (3163795107)