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Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect at regular intervals . § 2 .3 .2 .8 The Construction Manager shall develop and maintain a program; reasonably acceptable to the Owner and the Architect, to assure quality control of the construction. The Construction Manager shall supervise the Work of all Subcontractors, providing instructions to each when its Work does not conform to the requirements of the plans and specifications and continue to manage each Subcontractor to ensure that corrections are made in a timely manner so as not to affect the progress of the Work. Should disagreement occur between the Construction Manager and the Architect over acceptability of Work and conformance with the requirements of the plans and specifications , the Owner shall be the final judge of performance and acceptability . § 2.3.2 .9 The Construction Manager shall maintain exclusively for the Project a competent full-time staff at the Project Site to coordinate and direct the Work and progress of the Subcontractors . All of the Construction Manager' s on-site management and supervisory personnel shall be consistent with the Construction Manager ' s interview presentation and shall not be removed or replaced without the Owner' s consent, which consent will not be unreasonably withheld . The Owner shall have the right to direct the Construction Manager to remove or replace any on- site personnel whose performance becomes unreasonably unsatisfactory to the Owner. In such event, the Construction Manager shall promptly replace such personnel , without consideration of any additional compensation for the replacement. § 2.3 .2 .10 The Construction Manager shall establish on-site organization and lines of authority in order to carry out the overall plans of construction. The Construction Manager shall identify an an-site staff member to represent the Construction Manager, on a daily basis , with authority to negotiate change orders and contract modifications on behalf of the Construction Manager with the understanding that final acceptance of change orders and contract modifications can only be done by officers of the Construction Manager. The Construction Manager shall make available such executive personnel as necessary to execute change orders or other contract modifications on behalf of the Construction Manager so as not to delay the progress of Work. § 2. 3.2. 11 The Construction Manager shall establish procedures for coordination among the Owner, Architect, Subcontractors and Construction Manager with respect to all aspects of the Work. The Construction Manager shall require of the various Subcontractors coordination drawings as may be necessary to properly coordinate the Work among the Subcontractors . § 2.3 .2.12 In coordination with the Architect, the Construction Manager shall establish and implement procedures for trackingand nd expediting the processingof f shop drawings and samples, as required by the A201TM- 1997 , as modified . § 2. 3.2. 13 The Construction Manager shall determine the adequacy of Subcontractors ' personnel and equipment, and the availability of materials and supplies to meet the Project Schedule . In consultation with the Owner and Architect, the Construction Manager shall take necessary corrective actions when requirements of a Subcontract or a Subcontractor' s schedule are not being met. § 2.4 PROFESSIONAL SERVICES Section 3 . 12. 10 of A-201TM=199A201TM- 1997 , as modified , shall apply to both the Preconstruction and Construction Phases . § 2 .5 HAZARDOUS MATERIALS Section 10. 3 of A20ITM��A20ITM- 1997, as modified , shall apply to both the Preconstruction and Construction Phases. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3. 1 INFORMATION AND SERVICES § 3. 1 . 1 The Owner shall provide full information in a timely manner regarding the requirements of the Project, including a program which sets forth the Owner ' s objectives, constraints and criteria, including space requirements and relationships , flexibility and expandability requirements, special equipment and systems, and site 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 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 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)