Common use of OWNER’S RESPONSIBILITIES Clause in Contracts

OWNER’S RESPONSIBILITIES. 4.1 Owner has designated A/E as the Architect/Engineer for the Project. 4.2 Owner will provide the AACC and general schedule for the Project. The AACC provided by Owner will be established with due consideration for separate contingencies for changes in the Project during construction, and for other Project costs that are the responsibility of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion of the Project. 4.3 Owner will identify a person as its Owner’s Designated Representative (“ODR”) who is authorized to act on Owner’s behalf with respect to the Project, including final determination of fees and costs earned by Contractor and equitable back charges against Contractor. The ODR shall examine the documents submitted by Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSC. 4.4 Owner, at its sole cost, will secure the services of existing facility surveys, testing and balancing, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. 4.5 Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. 4.6 Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of Contractor’s services and of the Work. 4.8 Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Contractor’s responsibility for the Project. Contractor is fully and solely responsible for constructing the Project in strict accordance with this Agreement. 4.9 Owner shall have the right to reject any defective Work on the Project. Should Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor on demand. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 Owner has designated A/E as the Architect/Engineer for the Project. 4.2 Owner will provide the AACC and general schedule for the Project. The AACC provided by Owner will be established with due consideration for separate contingencies for changes in the Project during construction, and for other Project costs that are the responsibility of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion of the Project. 4.3 Owner will identify a person as its Owner’s Designated Representative (“ODR”) who is authorized to act on Owner’s behalf with respect to the Project, including final determination of fees and costs earned by Contractor and equitable back charges against Contractor. The ODR shall examine the documents submitted by Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSC. 4.4 Owner, at its sole cost, will secure the services of existing facility surveys, testing and balancing, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. 4.5 Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. 4.6 Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of Contractor’s services and of the Work. 4.8 Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Contractor’s responsibility for the Project. Contractor is fully and solely responsible for constructing the Project in strict accordance with this Agreement. 4.9 Owner shall have the right to reject any defective Work on the Project. Should Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor on demand. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 Owner has designated A/E as the Architect/Engineer for the Project. 4.2 Owner will provide the AACC and general schedule for the Project. The AACC provided by Owner will be established with due consideration for separate contingencies for changes in the Project during construction, and for other Project costs that are the responsibility of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion of the Project. 4.3 Owner will identify a person as its Owner’s Designated Representative (“ODR”) who is authorized to act on Owner’s behalf with respect to the Project, including final determination of fees and costs earned by Contractor and equitable back charges against Contractor. The ODR shall examine the documents submitted by Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSCUGC. 4.4 Owner, at its sole cost, will secure the services of existing facility surveys, testing and balancing, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. 4.5 Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. 4.6 Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of Contractor’s services and of the Work. 4.8 Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Contractor’s responsibility for the Project. Contractor is fully and solely responsible for constructing the Project in strict accordance with this Agreement. 4.9 Owner shall have the right to reject any defective Work on the Project. Should Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor on demand. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 The Owner has designated A/E as shall consult with the Architect/Engineer Design Professional regarding requirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more speci- fically described in Subsection 2.2.1. 4.2 The Owner will provide the AACC shall establish and general schedule update an overall budget for the Project. The AACC provided by Owner will be established with due consideration for separate , including the Construction Cost, the Owner's other costs and reasonable contingencies for changes in the Project during construction, and for other Project costs that are the responsibility related to all of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion of the Projectthese costs. 4.3 If requested by the Design Professional, the Owner will identify shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a person as its Owner’s Designated Representative (“ODR”) who is representative authorized to act on the Owner’s 's behalf with respect to the Project, including final determination of fees and costs earned by Contractor and equitable back charges against Contractor. The ODR Owner or such authorized representative shall examine the render decisions in a timely manner pertaining to documents submitted by Contractor the Design Professional in order to avoid unreasonable delay in the orderly and sequential progress of the Design Professional's services. 4.5 Where applicable, the Owner shall render decisions on behalf furnish surveys describing physical characteristics, legal limitations and utility locations for the site of Ownerthe Project, and a written legal description of the site. The ODR surveys and legal information shall have all include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the responsibilities site; locations, dimensions and authorities allocated necessary data pertaining to him/her in existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the UGSCinformation on the survey shall be referenced to a project benchmark. 4.4 Owner4.6 Where applicable, at its sole cost, will secure the Owner shall furnish the services of existing facility surveysgeotechnical engineers when such services are requested by the Design Professional. Such services may include but are not limited to test borings, testing test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and balancingre- sistivity tests, environmental surveys or including necessary operations for anticipating sub-soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other special consultants to develop when such additional information as may be necessary for services are reasonably required by the design or construction scope of the ProjectProject and are requested by the Design Professional and are not retained by the Design Professional as part of its Basic Services or Additional Services. 4.5 4.7 When not a part of the Additional Services, the Owner shall arrange and pay for materials, furnish structural, mechanical, chemical chemical, air and water pollution tests, tests of hazardous materials, and other laboratory tests as and environmental tests, inspections and reports required by law or the Construction Contract Documents. 4.6 4.8 The Owner shall furnish all legal, accounting, auditing accounting and insurance counseling services for itself as may be necessary at any time for the Project. 4.7 , including auditing services the Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and may require to verify the orderly progress of Contractor’s services and 's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Work. 4.8 Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Contractor’s responsibility for the Project. Contractor is fully and solely responsible for constructing the Project in strict accordance with this AgreementOwner. 4.9 The services, information, surveys and reports required by Owner under Sections 4.5 through 4.8 shall have be furnished at the right Owner's expense, and the Design Professional shall be entitled to reject rely upon the accuracy and completeness thereof in the absence of any defective Work negligence on the Project. Should Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have part of the Work corrected and recover all expenses incurred from Contractor on demandDesign Professional. 4.10 The Owner shall cause A/E give prompt written notice to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for Design Professional if the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that becomes aware of any of its consultants fault or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing defect in the Project as set forth in this or nonconformance with the Contract Documents. 4.11 Design Professional shall propose language for certificates or certifications to be requested of the Design Professional or Design Professional's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of the Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 Owner has designated A/E as the Architect/Engineer for the Project. 4.2 Owner will provide the AACC and general schedule for the Project. The AACC provided by Owner will be established with due consideration for separate contingencies for changes in the Project during construction, and for other Project costs that are the responsibility of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion of the Project. 4.3 4.2 Owner will identify a person as its Owner’s Designated Representative (“ODR”) who is authorized to act on Owner’s behalf with respect to the Project, including final determination of fees and costs earned by Contractor and equitable back charges against Contractor. The ODR shall examine the documents submitted by Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSC. 4.4 4.3 Owner, at its sole cost, will secure the services of existing facility surveys, testing and balancing, environmental surveys surveys, or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. 4.5 4.4 Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. 4.6 4.5 Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 4.6 Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of Contractor’s services and of the Work. 4.8 4.7 Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Contractor’s responsibility for the Project. Contractor is fully and solely responsible for constructing the Project in strict accordance with this Agreement. 4.9 4.8 Owner shall have the right to reject any defective Work on the Project. Should Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor on demand. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 9.1 Owner has designated will designate a Project A/E as the Architect/Engineer for the Project. 4.2 9.2 Owner will provide the AACC Preliminary Project Cost and general schedule for the Project. The AACC provided by Owner PPC will be established with due consideration for separate include the Construction Cost Limitation, contingencies for changes in the Project Work during construction, and for other Project costs that are the responsibility of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion of the Project. 4.3 9.3 Owner will identify a person as its Owner’s Owner Designated Representative (“ODR”) who is authorized to act on in Owner’s 's behalf with respect to the Project. The ODR shall examine the documents submitted by Construction Manager and shall render decisions pertaining thereto. 9.4 The ODR shall be authorized to administer this Agreement on behalf of Owner, including final determination of fees and costs earned by Contractor Construction Manager and equitable back charges against Contractor. The ODR shall examine the documents submitted by Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSCConstruction Manager. 4.4 9.5 Owner, at its sole Owner’s cost, will secure the services of surveyors, soils engineers, existing facility surveys, testing and balancing, commissioning, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. 4.5 9.6 Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. 4.6 9.7 Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 9.8 Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of Contractor’s Construction Manager's services and of the Work. 4.8 9.9 Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen ContractorConstruction Manager’s responsibility for the ProjectWork. Contractor Construction Manager is fully and solely responsible for constructing the Project in strict accordance with this Agreementthe Construction Documents. 4.9 9.10 Owner shall have the right to reject any defective Work on the Project. Should Contractor Construction Manager refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor Construction Manager on demand. 4.10 9.11 Owner shall cause A/E furnish to provide Contractor a compact disc containing documents and data files derived from Construction Manager the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such number of Construction Document sets as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in required by this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. ‌ 4.1 Owner has designated A/E as the Architect/Engineer for the Project. 4.2 Owner will provide the AACC and general schedule for the Project. The AACC provided by Owner will be established with due consideration for separate contingencies for changes in the Project during construction, and for other Project costs that are the responsibility of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion of the Project. 4.3 4.2 Owner will identify a person as its Owner’s Designated Representative (“ODR”) who is authorized to act on Owner’s behalf with respect to the Project, including final determination of fees and costs earned by Contractor and equitable back charges against Contractor. The ODR shall examine the documents submitted by Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSC. 4.4 4.3 Owner, at its sole cost, will secure the services of existing facility surveys, testing and balancing, environmental surveys surveys, or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. 4.5 4.4 Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. 4.6 4.5 Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 4.6 Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of Contractor’s services and of the Work. 4.8 4.7 Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Contractor’s responsibility for the Project. Contractor is fully and solely responsible for constructing the Project in strict accordance with this Agreement. 4.9 4.8 Owner shall have the right to reject any defective Work on the Project. Should Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor on demand. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 Owner has designated A/E as the Architect/Engineer for the Project. 4.2 9.1 The Owner will provide the AACC Design Criteria Package for the Project pursuant to Texas Education Code section 51.780(a)(3). 9.2 The Owner will provide a preliminary project budget and general schedule for the Project. The AACC provided by Owner budget will be established with due consideration for separate include the Construction Cost Limitation, contingencies for changes in the Project Work during construction, and for other Project costs that which are the responsibility of the Owner. The general schedule will set forth the Owner’s plan for milestone dates and completion of the Project. 4.3 9.3 The Owner will identify designate a person as its Owner’s Designated Representative (“ODR”) who is representative authorized to act on in the Owner’s behalf with respect to the Project, including final determination of fees and costs earned by Contractor and equitable back charges against Contractor. The ODR Owner’s Designated Representative shall examine the documents submitted by the Design/Build Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSCpertaining thereto. 4.4 9.4 The Owner, at its sole Owner’s cost, will secure the services of surveyors, soils engineers, existing facility surveys, testing and balancing, hazardous materials surveys, laboratory testing, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Projectproject. The Design/Build Contractor shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 4.5 9.5 The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required specified to be performed by the Owner in the Construction Documents. 4.6 9.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 9.7 The Owner shall examine the design documents submitted by the Design/Build Contractor and provide comments concerning corrections or amendments to such documents in writing to the Design/Build Contractor. The Owner may obtain independent review of the design documents by its own Design Consultant. The Owner may require the Design/Build Contractor to halt production during design review. 9.8 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Design/Build Contractor’s services and of the Work. 4.8 9.9 The Owner may designate one or more construction inspectors Construction Inspectors of its own who shall be given access to the Work as requested or needed. The provision of inspection services such Inspectors by Owner shall not reduce or lessen in any respect Design/Build Contractor’s responsibility responsibilities for the ProjectWork. Design/Build Contractor is shall remain fully and solely responsible for the drawings, specifications, and other contract documents furnished or provided by Design/Build Contractor, and for constructing the Project in strict accordance with this Agreementthe Contract Documents. 4.9 9.10 Owner shall have the right to reject any defective Work on the Project. Should Design/Build Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Design/Build Contractor on demand. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 Owner has designated A/E as the Architect/Engineer for the Project. 4.2 Owner will provide the AACC and general schedule for the Project. The AACC provided by Owner will be established with due consideration for separate contingencies for changes in the Project during construction, and for other Project costs that are the responsibility of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion of the Project. 4.3 4.2 Owner will identify a person as its Owner’s Designated Representative (“ODR”) who is authorized to act on Owner’s behalf with respect to the Project, including final determination of fees and costs earned by Contractor and equitable back charges against Contractor. The ODR shall examine the documents submitted by Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSCUGC. 4.4 4.3 Owner, at its sole cost, will secure the services of existing facility surveys, testing and balancing, environmental surveys surveys, or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. 4.5 4.4 Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. 4.6 4.5 Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 4.6 Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of Contractor’s services and of the Work. 4.8 4.7 Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Contractor’s responsibility for the Project. Contractor is fully and solely responsible for constructing the Project in strict accordance with this Agreement. 4.9 4.8 Owner shall have the right to reject any defective Work on the Project. Should Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor on demand. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 Owner has designated A/E as the Architect/Engineer for the Project. 4.2 9.1 The Owner will provide the AACC Design Criteria Package for the Project pursuant to Texas Education Code section 51.780(a)(3). 9.2 The Owner will provide a preliminary project budget and general schedule for the Project. The AACC provided by Owner budget will be established with due consideration for separate include the Construction Cost Limitation, contingencies for changes in the Project Work during construction, and for other Project costs that which are the responsibility of the Owner. The general schedule will set forth the Owner’s plan for milestone dates and completion of the Project. 4.3 9.3 The Owner will identify designate a person as its Owner’s Designated Representative (“ODR”) who is representative authorized to act on in the Owner’s behalf with respect to the Project, including final determination of fees and costs earned by Contractor and equitable back charges against Contractor. The ODR Owner’s Designated Representative shall examine the documents submitted by the Design/Build Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSCpertaining thereto. 4.4 9.4 The Owner, at its sole Owner’s cost, will secure the services of soils engineers, existing facility surveys, testing and balancing, hazardous materials surveys, laboratory testing, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. The Design/Build Contractor shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 4.5 9.5 The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. 4.6 9.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 9.7 The Owner shall examine the design documents submitted by the Design/Build Contractor and provide comments concerning corrections or amendments to such documents in writing to the Design/Build Contractor. The Owner may obtain independent review of the design documents by its own Design Consultant. The Owner may require the Design/Build Contractor to halt production during design review. 9.8 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Design/Build Contractor’s services and of the Work. 4.8 9.9 The Owner may designate one or more construction inspectors Construction Inspectors of its own who shall be given access to the Work as requested or needed. The provision of inspection services such Inspectors by Owner shall not reduce or lessen in any respect Design/Build Contractor’s responsibility responsibilities for the ProjectWork. Design/Build Contractor is shall remain fully and solely responsible for the drawings, specifications, and other contract documents furnished or provided by Design/Build Contractor, and for constructing the Project in strict accordance with this Agreementthe Contract Documents. 4.9 9.10 Owner shall have the right to reject any defective Work on the Project. Should Design/Build Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Design/Build Contractor on demand. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 9.1 The Owner has designated A/E as the Architect/Engineer will designate a Project Architect for the Project. 4.2 9.2 The Owner will provide the AACC Preliminary Project Cost and general schedule for the Project. The AACC provided by Owner PPC will be established with due consideration for separate include the Construction Cost Limitation, contingencies for changes in the Project Work during construction, and for other Project costs that are the responsibility of the Owner. The general schedule will set forth the Owner’s plan for milestone dates and completion of the Project. 4.3 9.3 The Owner will identify a person as its Owner’s Owner Designated Representative (“ODR”) who is authorized to act on in the Owner’s 's behalf with respect to the Project. The ODR shall examine the documents submitted by the Construction Manager and shall render decisions pertaining thereto. 9.4 The ODR shall be authorized to administer this Agreement on behalf of the Owner, including final determination of fees and costs earned by Contractor the Construction Manager and equitable back charges backcharges against Contractor. The ODR shall examine the documents submitted by Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSCConstruction Manager. 4.4 9.5 The Owner, at its sole Owner’s cost, will secure the services of surveyors, soils engineers, existing facility surveys, testing and balancing, commissioning, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. 4.5 9.6 The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. 4.6 9.7 The Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 9.8 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of Contractor’s the Construction Manager's services and of the Work. 4.8 9.9 The Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen ContractorConstruction Manager’s responsibility for the ProjectWork. Contractor Construction Manager is fully and solely responsible for constructing the Project in strict accordance with this Agreementthe Construction Documents. 4.9 9.10 Owner shall have the right to reject any defective Work on the Project. Should Contractor Construction Manager refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor Construction Manager on demand. 4.10 9.11 Owner shall cause A/E furnish to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for Construction Manager the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such number of Construction Document sets as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in required by this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 § 5.1 Unless otherwise provided for under this Agreement, the Owner has designated A/E as shall provide information in a timely manner regarding requirements for and limitations on the Architect/Engineer Project, including a written program, which shall set forth the Owner’s objectives; schedule; constraints and criteria; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality. 4.2 § 5.3 The Owner will provide acknowledges that accelerated, phased, or fast-track design and construction provides a benefit, but also carries with it the AACC and general schedule risk of additional costs. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project. The AACC provided by Owner will be established with due consideration for separate Project sufficient contingencies for changes in the Project during construction, and for other Project costs that are the responsibility of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion of the Projectto cover such costs. 4.3 § 5.4 The Owner will shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B132–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as § 5.5 The Owner shall identify a person as its Owner’s Designated Representative (“ODR”) who is representative authorized to act on the Owner’s behalf with respect to the Project, including final determination of fees and costs earned by Contractor and equitable back charges against Contractor. The ODR shall examine the documents submitted by Contractor and Owner shall render decisions on behalf pertaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of Ownerthe Construction Manager’s services. § 5.6 Unless provided by the Construction Manager, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The ODR surveys and legal information shall have all include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, and contours of the responsibilities site; locations, dimensions, and authorities allocated other necessary data with respect to him/her in existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the UGSCinformation on the survey shall be referenced to a Project benchmark. 4.4 § 5.7 Unless provided by the Construction Manager, the Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.8 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1. § 5.9 If the Owner identified a Sustainable Objective in Article 1, at the Owner shall fulfill its sole costresponsibilities as required in AIA Document E235™–2019, will secure Sustainable Projects Exhibit, Construction Manager as Adviser Edition, attached to this Agreement. § 5.10 The Owner shall coordinate the services of existing facility surveysits own consultants with those services provided by the Construction Manager. Upon the Construction Manager’s request, testing the Owner shall furnish copies of the scope of services in the contracts between the Owner and balancingthe Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Construction Manager in this Agreement, environmental surveys or other special consultants authorize the Construction Manager to develop furnish them as an Additional Service, when the Construction Manager requests such additional information as may be necessary for services and demonstrates that they are reasonably required by the design or construction scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. 4.5 § 5.11 The Owner shall arrange furnish tests, inspections and pay for materialsreports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and other laboratory water pollution, and tests as required by the Construction Documentsfor hazardous materials. 4.6 § 5.12 The Owner shall furnish all legal, accountinginsurance and accounting services, including auditing and insurance counseling services for itself as services, that may be reasonably necessary at any time for the ProjectProject to meet the Owner’s needs and interests. 4.7 § 5.13 The Owner shall furnish required information provide prompt written notice to the Construction Manager and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and Architect if the orderly progress Owner becomes aware of Contractorany fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s services and Instruments of Service or any fault or defect in the WorkConstruction Manager’s services. 4.8 § 5.14 The Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Contractor’s responsibility for the Project. Contractor is fully and solely responsible for constructing the Project in strict accordance with this Agreement. 4.9 Owner shall have reserves the right to reject any defective Work on the Project. Should Contractor refuse or neglect perform construction and operations related to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor on demand. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth with the Owner’s own forces, and to award contracts in connection with the Project which are not part of the Construction Manager’s responsibilities under this Agreement. Contractor The Construction Manager shall also notify the Owner if any such independent action will interfere with the Construction Manager’s ability to perform the Construction Manager’s responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be responsible for maintaining a register subject to the same obligations and to have the same rights as the Contractors. § 5.15 The Owner shall communicate with the Contractors and the Construction Manager’s consultants through the Construction Manager about matters arising out of document distribution, or relating to the Contract Documents. The Owner and distributing documents Construction Manager shall include the Architect in all communications that relate to its consultants, Subcontractors, bidders, proposers and plan rooms.or affect the Architect’s

OWNER’S RESPONSIBILITIES. 4.1 6.1 The Owner has designated A/E as shall provide full information regarding the Architect/Engineer requirements for the Project. 4.2 6.2 The Owner will provide the AACC and general schedule for the Project. The AACC provided by Owner will be established with due consideration for separate contingencies for changes in the Project during construction, and for other Project costs that are the responsibility of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion of the Project. 4.3 Owner will identify a person as its Owner’s Designated Representative (“ODR”) who is authorized to act on Owner’s behalf with respect to the Project, including final determination of fees and costs earned by Contractor and equitable back charges against Contractor. The ODR shall examine the documents submitted by Contractor the Architect and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated that pertain thereto promptly, to him/her avoid unreasonable delay in the UGSCprogress of the Architect's Services. 4.4 Owner6.3 The Owner shall furnish a certified land survey of the site and provide applicable grades, at its sole costlines of streets, will secure alleys, pavements and adjoining property; rights of way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements, and trees. 6.4 The Owner shall contract and pay for the services of existing facility surveys, testing and balancing, environmental surveys a soils engineer or other special consultants consultant, when such services are deemed necessary by the Architect or Project Manager, to develop such additional information as may be provide reports, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests and other necessary operations for the design or construction of the Projectdetermining subsoil, air and water conditions, with appropriate professional interpretations thereof. 4.5 6.5 The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests tests, inspections and reports as required by the Construction Documentslaw that are not otherwise called for in this Agreement. 4.6 6.6 The Owner shall furnish such legal, accounting, and insurance counseling services as the Owner may deem necessary for the Project. Also, the Owner shall furnish all legalauditing services as it may require ascertaining how, accountingor for what purposes, auditing the Contractor has used the moneys paid to it under the Construction Contract. 6.7 All services, information, surveys and insurance counseling services reports required of the Owner, shall be furnished at the Owner's expense and the Architect shall be entitled to rely upon their accuracy and completeness. 6.8 The Owner shall furnish information and approvals required of it expeditiously for itself orderly progress of the Work, and shall endeavor to adhere as may be necessary closely as possible with the time conditions for such Owner activities as set forth in all approved schedules for the Project. 4.7 6.9 The Owner shall furnish required information secure and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care pay for, and the orderly progress Architect shall assist as required and noted herein, in obtaining all necessary permits, licenses, approvals, easements, assessments, and charges required for the construction, use, or occupancy of Contractor’s services and of the Workpermanent structures or for permanent changes in existing facilities. 4.8 Owner may designate one or more construction inspectors who 6.10 Prompt written notice shall be given access by the Project Manager to the Work as Architect if the Owner becomes aware of and provides written notice to the Project Manager of any fault or defect in the Project or nonconformance with the Contract Documents. 6.11 The proposed language of certificates or certifications requested of the Architect or neededArchitect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. The provision of inspection services by Owner shall not reduce request certifications that would require knowledge or lessen Contractor’s responsibility for services beyond the Project. Contractor is fully and solely responsible for constructing the Project in strict accordance with scope of this Agreement. 4.9 Owner shall have the right to reject any defective Work on the Project. Should Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor on demand. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 9.1 The Owner has designated A/E as the Architect/Engineer will designate a Project Architect and Project Manager for the Project. 4.2 9.2 The Owner will provide the AACC Preliminary Project Cost and general schedule for the Project. The AACC provided by Owner PPC will be established with due consideration for separate include the Owner’s Construction Budget, contingencies for changes in the Project Work during construction, and for other Project costs that are the responsibility of the Owner. The general schedule will set forth the Owner’s plan for milestone dates and completion of the Project. 4.3 9.3 The Owner will identify a person as its Owner’s Owner Designated Representative (“ODR”) who is authorized to act on in the Owner’s 's behalf with respect to the Project. The Owner's Designated Representative shall examine the documents submitted by the Construction Manager and shall render decisions on behalf of the Owner. 9.4 The Owner will identify a person as its Owner Designated Representative authorized to administer this Agreement on behalf of the Owner, including final determination of fees and costs earned by Contractor the Construction Manager and equitable back charges backcharges against Contractor. The ODR shall examine the documents submitted by Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSCConstruction Manager. 4.4 9.5 The Owner, at its sole Owner’s cost, will secure the services of surveyors, soils engineers, existing facility surveys, testing and balancinginspections, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. 4.5 9.6 The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. 4.6 9.7 The Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 9.8 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of Contractor’s the Construction Manager's services and of the Work. 4.8 9.9 The Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen ContractorConstruction Manager’s responsibility for the ProjectWork. Contractor Construction Manager is fully and solely responsible for constructing the Project in strict accordance with this Agreementthe Construction Documents. 4.9 9.10 Owner shall have the right to reject any defective Work on the Project. Should Contractor Construction Manager refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor Construction Manager on demand. 4.10 9.11 Owner shall cause A/E furnish to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for Construction Manager the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such number of Construction Document sets as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in required by this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 3.1 The Owner has designated A/E as the Architect/Engineer for the Project. 4.2 Owner will shall provide the AACC and general schedule full information regarding his requirements for the Project. Owner has responsibilities of reviewing and approving all progress schedules and all construction documents. The AACC provided by Owner will shall have input in the selection of subcontractors used on the project. 3.2 The Owner shall designate a representative who shall be established fully acquainted with due consideration for separate contingencies for the Project, and has authority to approve changes in the Project during construction, and for other Project costs that are the responsibility of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion scope of the Project, render decisions promptly, and furnish information expeditiously and in time to meet the dates set forth in Subparagraph 2.2. 4.3 3.3 The Owner will identify shall furnish for the site of the Project all necessary surveys describing the physical characteristics, legal limitations, utility locations, and a person as its Owner’s Designated Representative (“ODR”) who is authorized to act on Owner’s behalf with respect to the Project, including final determination of fees and costs earned by Contractor and equitable back charges against Contractor. The ODR shall examine the documents submitted by Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSClegal description. 4.4 Owner3.4 The Owner shall secure and pay for all necessary approvals, at its sole costeasements, will secure assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 3.5 The Owner shall furnish such legal services of existing facility surveys, testing and balancing, environmental surveys or other special consultants to develop such additional information as may be necessary for providing the design items set forth in Paragraph 3.4, and such auditing services as he may require. 3.6 If the Owner becomes aware of any fault or construction of defect in the Project, or non-conformance with the Drawings or Specifications, he shall give prompt written notice thereof to the Contractor. 4.5 3.7 The Owner shall arrange provide the insurance for the Project as provided in Article 11. 3.8 The Project shall be bonded with a Performance and pay for materials, structural, mechanical, chemical Payment Bond. The cost of said Bonds are NOT INCLUDED in the Guaranteed Maximum Price stated in Article 6.1 and other laboratory tests as the cost of which shall be paid separately by the Owner to the Contractor. Bonding may be accomplished through the use of Bonds directly from the Contractor and dual obligee bonds from major subcontractors that total the Contract Amount subject to Owner’s Lender’s approval. 3.9 The services and information required by the Construction Documents. 4.6 Owner above paragraphs shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent furnished with reasonable skill and care promptness at the designated parties’ and the orderly progress of Contractor’s services and of the Work. 4.8 Owner may designate one or more construction inspectors who parties shall be given access entitled to rely upon the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Contractor’s responsibility for accuracy and the Project. Contractor is fully and solely responsible for constructing the Project in strict accordance with this Agreementcompleteness thereof. 4.9 Owner shall have the right to reject any defective Work on the Project. Should Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor on demand. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 The Owner has designated A/E as the Architect/Engineer shall provide all relevant construction information regarding its requirements for the Project. 4.2 Owner will provide the AACC and general schedule for the Project. The AACC provided by Owner will be established with due consideration for separate contingencies for changes in the Project during construction, and for other Project costs that are the responsibility of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion of the Project. 4.3 Owner will identify a person as its Owner’s Designated Representative (“ODR”) who is authorized to act on Owner’s behalf with respect to the Project, including final determination the Owner's objectives, constraints and criteria and drawings and specifications marked for construction. 4.2 The Owner shall retain the Architect including, either directly or through the Architect, all professional, engineering and technical consultants required for the Project design and preparation of fees drawings and costs earned by Contractor and equitable back charges against Contractorspecifications. The ODR Owner shall examine cause the documents submitted Architect and other direct consultants to respond to shop drawings and other submittals by Contractor the Construction Manager within fourteen (14) calendar days of submission except in instances where review within such time is not required in order to complete the Work within the Contract Time and provided that the Construction Manager has furnished the Architect with a schedule of submittals and has complied with such schedule. 4.3 The Owner shall promptly notify the Construction Manager of any fault or defect in the Work or non-compliance with the Contract Documents that comes to its attention. This shall not, however, relieve the Construction Manager of its full responsibility for performance of the Work. 4.4 The Owner’s representative for purposes of this Agreement shall be the Owner’s Senior Vice President for Facilities Management or his designee. The Owner’s representative shall be fully acquainted with the scope of the Work and the Owner's requirements and objectives and shall render decisions have full authority to furnish information expeditiously and to act on behalf of Owner. The ODR shall have the Owner in connection with all the responsibilities aspects of this Agreement and authorities allocated to him/her in the UGSC. 4.4 Owner, at its sole cost, will secure the services of existing facility surveys, testing and balancing, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. 4.5 The Owner shall arrange be responsible for and shall obtain, secure and pay for materialsall necessary rights of access to the Site and for all necessary community board, structuralCity Planning Commission, mechanicalLandmarks Commission, chemical Bureau of Standards and other laboratory tests as Appeals and City Council approvals and Building Department permits required by for the construction of the permanent structures and for demolition or changes in existing facilities or structures and any and all easements or licenses required in connection with the Project. The Construction Manager shall fully cooperate with and assist the Owner and Architect in obtaining such rights, approvals, easements and licenses. This shall not be deemed to modify in any way the Construction DocumentsManager's responsibilities under Section 3.10(j) of this Agreement. 4.6 Owner As a general operating procedure, communications with the Subcontractors shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for through the ProjectConstruction Manager. 4.7 The Owner shall furnish required information issue to the Construction Manager an Exempt Organization Exempt Purchase Certificate, ST-119.1, for the Construction Manager’s use in connection with all labor and services and shall render approvals and decisions materials to be incorporated into the Project as expeditiously as is consistent with reasonable skill and care and the orderly progress of Contractor’s services and part of the Work. 4.8 Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Contractor’s responsibility for the Project. Contractor is fully and solely responsible for constructing the Project in strict accordance with this Agreement. 4.9 Owner shall have the right to reject any defective Work on the Project. Should Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor on demand. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 Owner has designated A/E as 2.1 Provide full information regarding the Architect/Engineer requirements of the Project, which shall set forth Owner’s objectives, constraints, and criteria. 2.2 Provide a budget for the Project. 4.2 Owner will provide the AACC , based on consultation with Construction Manager and general schedule for the Project. The AACC provided by Owner will be established with due consideration for separate Owner’s Consultants, which shall include contingencies for bidding, changes in the Project during construction, construction and for other Project costs that which are the responsibility of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion of the Project. 4.3 Owner will identify 2.3 Designate a person as its Owner’s Designated Representative (“ODR”) who is representative authorized to act on Owner’s behalf with respect to the Project. Owner, including final determination of fees and costs earned by Contractor and equitable back charges against Contractor. The ODR or such authorized representative, shall examine the documents submitted by Contractor Construction Manager and shall render decisions pertaining to them promptly to avoid unreasonable delay in the progress of the work. 2.4 Retain Consultants whose services, duties, and responsibilities are described in the agreements between Owner and Owner’s Consultants. The terms and conditions of the Owner-Consultant agreements will be furnished to Construction Manager. Actions taken by Owner’s Consultants on behalf of Owner shall not be considered the acts of Construction Manager and Construction Manager shall not be responsible for them. 2.5 Furnish and pay for structural, mechanical, chemical, and other laboratory tests, inspections, and reports as required by law or the Prime Contracts. 2.6 Obtain such legal, accounting and insurance counseling services as may be required to perform its duties under this Contract, including such auditing services as Owner may require to verify the Project applications for payment or to ascertain how or for what purposes the contractors have used the monies paid by or on behalf of Owner. 2.7 Furnish Construction Manager sufficient and a mutually agreed upon number of contract documents to properly cover the bidding/construction process at no cost to Construction Manager. 2.8 The services, information and reports required by Paragraphs 2.1 through 2.7, inclusive, shall be furnished at Owner’s expense. The ODR shall have all the responsibilities Construction Manager may rely upon their accuracy and authorities allocated to him/her completion. 2.9 If Owner observes or otherwise becomes aware of any fault or default in the UGSCProject, or non-conformance with the Prime Contracts, prompt written notice shall be given by Owner to Construction Manager. 4.4 2.10 Owner reserves the right to perform work related to the Project with Owner’s own forces, at its sole cost, and to award contracts in connection with the Project which are not part of Construction Manger’s responsibilities under this Contract. Construction Manager shall notify Owner if any such independent action will secure the services of existing facility surveys, testing and balancing, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Projectin any way compromise Construction Manager’s responsibilities under this Contract. 4.5 Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. 4.6 Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 2.11 Owner shall furnish required information and services and shall render approvals approvals, and decisions as expeditiously as is consistent with reasonable skill and care and necessary for the orderly progress of ContractorConstruction Manager’s services and the work of the WorkPrime Contractors. 4.8 Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Contractor’s responsibility for the Project. Contractor is fully and solely responsible for constructing the Project in strict accordance with this Agreement. 4.9 Owner shall have the right to reject any defective Work on the Project. Should Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor on demand. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 9.1 The Owner has designated A/E as the Architect/Engineer will designate a Project Architect for the Project. 4.2 9.2 The Owner will provide the AACC Preliminary Project Cost and general schedule for the Project. The AACC provided by Owner PPC will be established with due consideration for separate include the Construction Cost Limitation, contingencies for changes in the Project Work during construction, and for other Project costs that are the responsibility of the Owner. The general schedule will set forth the Owner’s plan for milestone dates and completion of the Project. 4.3 9.3 The Owner will identify a person as its Owner’s Owner Designated Representative (“ODR”) who is authorized to act on in the Owner’s 's behalf with respect to the Project. The Owner's Designated Representative shall examine the documents submitted by the Construction Manager and shall render decisions on behalf of the Owner. 9.4 The Owner will identify a person as its Owner Designated Representative authorized to administer this Agreement on behalf of the Owner, including final determination of fees and costs earned by Contractor the Construction Manager and equitable back charges backcharges against Contractor. The ODR shall examine the documents submitted by Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSCConstruction Manager. 4.4 9.5 The Owner, at its sole Owner’s cost, will secure the services of surveyors, soils engineers, existing facility surveys, testing and balancing, commissioning, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. 4.5 9.6 The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. 4.6 9.7 The Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 9.8 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of Contractor’s the Construction Manager's services and of the Work. 4.8 9.9 The Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen ContractorConstruction Manager’s responsibility for the ProjectWork. Contractor Construction Manager is fully and solely responsible for constructing the Project in strict accordance with this Agreementthe Construction Documents. 4.9 9.10 Owner shall have the right to reject any defective Work on the Project. Should Contractor Construction Manager refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor Construction Manager on demand. 4.10 9.11 Owner shall cause A/E furnish to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for Construction Manager the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such number of Construction Document sets as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in required by this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 3.1 The Owner has designated A/E as the Architect/Engineer for the Project. 4.2 Owner will shall provide the AACC and general schedule full information regarding his requirements for the Project. Owner has responsibilities of reviewing and approving all progress schedules and all construction documents. The AACC provided by Owner will shall have input in the selection of subcontractors used on the project. 3.2 The Owner shall designate a representative who shall be established fully acquainted with due consideration for separate contingencies for the Project, and has authority to approve changes in the Project during construction, and for other Project costs that are the responsibility of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion scope of the Project, render decisions promptly, and furnish information expeditiously and in time to meet the dates set forth in Subparagraph 2.2. 4.3 3.3 The Owner will identify shall furnish for the site of the Project all necessary surveys describing the physical characteristics, legal limitations, utility locations, and a person as its Owner’s Designated Representative (“ODR”) who is authorized to act on Owner’s behalf with respect to the Project, including final determination of fees and costs earned by Contractor and equitable back charges against Contractor. The ODR shall examine the documents submitted by Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSClegal description. 4.4 Owner3.4 The Owner shall secure and pay for all necessary approvals, at its sole costeasements, will secure assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 3.5 The Owner shall furnish such legal services of existing facility surveys, testing and balancing, environmental surveys or other special consultants to develop such additional information as may be necessary for providing the design items set forth in Paragraph 3.4, and such auditing services as he may require. 3.6 If the Owner becomes aware of any fault or construction of defect in the Project, or non-conformance with the Drawings or Specifications, he shall give prompt written notice thereof to the Contractor. 4.5 3.7 The Owner shall arrange provide the insurance for the Project as provided in Article 11. 3.8 The Project shall be bonded with a Performance and pay for materials, structural, mechanical, chemical Payment Bond. The cost of said Bonds are NOT INCLUDED in the Guaranteed Maximum Price stated in Article 6.1 and other laboratory tests as the cost of which shall be paid separately by the Owner to the Contractor. Bonding may be accomplished through the use of Bonds directly from the Contractor and dual obligee bonds from major subcontractors that total the Contract Amount subject to Owner’s Lender’s approval. Guaranteed Max Price Revised 06/18/2007 3.9 The services and information required by the Construction Documentsabove paragraphs shall be furnished with reasonable promptness at the designated parties’ and the parties shall be entitled to rely upon the accuracy and the completeness thereof. 4.6 3.10 The Owner shall furnish all legalreasonable evidence satisfactory to the Contractor, accounting, auditing prior to commencing Work and insurance counseling services for itself at such future times as may be necessary required, that sufficient funds are available and committed for the Projectamount equal to the Guaranteed Maximum Price as described in Paragraph 6. 4.7 Owner 1. Unless such reasonable evidence is furnished, the Contractor is not required to commence or continue any Work, or may, if such evidence is not presented within a reasonable time, stop Work upon 15 days’ notice to the Owner. The failure of the Contractor to insist upon the providing of this evidence at any one time shall furnish required information and services and not be a waiver of the Owner’s obligation to make payments pursuant to this Agreement, nor shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and it be a waiver of the orderly progress of Contractor’s services and of the Workright to request or insist that such evidence be provided at a later date. 4.8 Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. 3.11 The provision of inspection services by Owner shall not reduce or lessen Contractor’s responsibility for the Project. Contractor is fully and solely responsible for constructing the Project in strict accordance with this Agreement. 4.9 Owner shall have no contractual obligation to the right to reject any defective Work on Contractor’s Subcontractors and shall communicate with such Subcontractors only through the Project. Should Contractor refuse or neglect to correct any such Work within a reasonable time after noticeContractor, Owner may have the Work corrected and recover all expenses incurred from Contractor on demandother than process warranty in 2.4.7. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 Owner has designated A/E as the Architect/Engineer for the Project. 4.2 9.1 The Owner will provide the AACC Design Criteria Package for the Project pursuant to Texas Education Code section 51.780(a)(3). 9.2 The Owner will provide a preliminary project budget and general schedule for the Project. The AACC provided by Owner budget will be established with due consideration for separate include the CCL, contingencies for changes in the Project Work during construction, and for other Project costs that which are the responsibility of the Owner. The general schedule will set forth the Owner’s plan for milestone dates and completion of the Project. 4.3 9.3 The Owner will identify designate a person as its representative (the “Owner’s Designated Representative (Representative” or “ODR”) who is authorized to act on in the Owner’s behalf with respect to the Project. Without limiting the foregoing, the Owner’s Designated Representative is authorized to administer this Contract on behalf of the Owner, including final determination of fees and costs earned by the Design/Build Contractor and equitable back charges against the Design/Build Contractor, if any. The Owner’s Designated Representative represents Owner in any negotiations involving project scope, cost, time, and Contract terms and conditions where called for in the Contract or as otherwise necessary; however, single, bilateral construction contract change orders less than Seventy-Five Thousand Dollars ($75,000) may be authorized by the Owner’s Designated Site Representative (if any). In all matters, Design/Build Contractor shall act only upon instructions from ODR unless otherwise specifically notified to the contrary in writing. Also see TSUS UGC Article 9.4 The Owner may elect to identify in writing a person as its “Owner Designated Site Representative” or “ODSR” who will be authorized to take all actions and render all decisions necessary to facilitate a fast, efficient and safe project development on the construction site, subject to such limitations as stated herein or in any written notice to the Design/Build Contractor from Owner or ODR. If an ODSR is appointed by the Owner, the ODSR will serve as the single point of contact for the Design/Build Contractor on matters concerning the site, use of the site, and integration of the construction activities into the Component’s campus policies, procedures, rules and regulations. The ODSR will make materials and color selections on behalf of the Owner. The ODSR will also be authorized to inspect the Work for quality considerations and accept the Work from the Design/Build Contractor, determining Substantial Completion and Final Completion. The ODSR will have the authority to reject defective or improper work and to direct its correction. The ODSR will have authority to approve all Construction Phase Applications for Payment except the final. The ODSR will not have authority to negotiate project scope, cost, time or Contract terms and conditions issues with the Design/Build Contractor, but will be authorized to direct the start of Design/Build Contractor Work needed in response to emergency situations or critical conditions on the site. Notwithstanding the foregoing, the ODSR shall have authority to approve any single bi-lateral construction change order that does not exceed Seventy-Five Thousand Dollars ($75,000) (but not a unilateral construction change order of any amount); except for self-performed work which requires ODR approval for any amount. 9.5 The Owner shall examine the documents submitted by the Design/Build Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSCpertaining thereto. 4.4 9.6 The Owner, at its sole Owner’s cost, will secure the services of surveyors, soils engineers, existing facility surveys, testing and balancing, hazardous materials surveys, laboratory testing, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Projectproject except to the extent that the Design Build Contractor’s Basic Services expressly includes the requirement to secure or furnish such services (see the Additional Services and Services Expressly Included in Basic Services Exhibit). The Design/Build Contractor shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 4.5 9.7 The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required specified to be performed by the Construction Owner in the Contract Documents. 4.6 9.8 The Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 9.9 The Owner shall examine the design documents submitted by the Design/Build Contractor and provide comments concerning corrections or amendments to such documents in writing to the Design/Build Contractor. The Owner may obtain independent review of the design documents by Owner’s Design Consultant(s). The Owner may require the Design/Build Contractor to halt production during design review. 9.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Design/Build Contractor’s services and of the Work. 4.8 9.11 The Owner may designate one or more construction inspectors Construction Inspectors of its own who shall be given access to the Work as requested or needed. The provision of inspection services such Inspectors by Owner shall not reduce or lessen in any respect Design/Build Contractor’s responsibility responsibilities for the ProjectWork. Design/Build Contractor is shall remain fully and solely responsible for the drawings, specifications, and other contract documents furnished or provided by Design/Build Contractor, and for constructing the Project in strict accordance with this Agreementthe Contract Documents. 4.9 9.12 Owner shall have the right to reject any defective Work on the Project. Should Design/Build Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Design/Build Contractor on demand. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 9.1 The Owner has designated A/E as the Architect/Engineer will designate a Project Architect for the Project. 4.2 9.2 The Owner will provide the AACC Preliminary Project Cost and general schedule for the Project. The AACC provided by Owner PPC will be established with due consideration for separate include the Construction Cost Limitation, contingencies for changes in the Project Work during construction, and for other Project costs that are the responsibility of the Owner. The general schedule will set forth the Owner’s plan for milestone dates and completion of the Project. 4.3 9.3 The Owner will identify a person as its Owner’s Owner Designated Representative (“ODR”) who is authorized to act on in the Owner’s 's behalf with respect to the Project. The Owner's Designated Representative shall examine the documents submitted by the Construction Manager and shall render decisions on behalf of the Owner. 9.4 The Owner will identify a person as its Owner Designated Representative authorized to administer this Agreement on behalf of the Owner, including final determination of fees and costs earned by Contractor the Construction Manager and equitable back charges backcharges against Contractor. The ODR shall examine the documents submitted by Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSCConstruction Manager. 4.4 9.5 The Owner, at its sole Owner’s cost, will secure the services of surveyors, soils engineers, existing facility surveys, testing and balancing, environmental surveys surveys, or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. 4.5 9.6 The Owner shall arrange and pay for materials, structural, mechanical, chemical chemical, and other laboratory tests as required by the Construction Documents. 4.6 9.7 The Owner shall furnish all legal, accounting, auditing auditing, and insurance counseling services for itself as may be necessary for the Project. 4.7 9.8 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of Contractor’s the Construction Manager's services and of the Work. 4.8 9.9 The Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen ContractorConstruction Manager’s responsibility for the ProjectWork. Contractor Construction Manager is fully and solely responsible for constructing the Project in strict accordance with this Agreementthe Construction Documents. 4.9 9.10 Owner shall have the right to reject any defective Work on the Project. Should Contractor Construction Manager refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor Construction Manager on demand. 4.10 9.11 Owner shall cause A/E furnish to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for Construction Manager the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such number of Construction Document sets as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in required by this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 The Owner has designated A/E shall manage the overall Project. Owner will identify a person as its Owner’s Designated Representative (ODR) who is authorized to act on Owner’s behalf with respect to the Project. The ODR shall render decisions on behalf of Owner promptly and furnish information expeditiously in accordance with the Uniform General Conditions, so as to avoid unreasonable delay in the services or Work of the Contractor. The Owner designates Xxxxx X. Xxxx, AIA as the Architect/Engineer Owner's Project Manager and ODR and the Contractor's primary contact. 4.2 The Owner’s Design Engineer, Wiss, Janney, Elstner Associates, Inc., shall provide the Construction Documents and the Construction Administration for the Project. 4.2 4.3 Owner will shall provide the AACC Budgeted Construction Cost and general schedule Project Schedule for the Project. The AACC Budgeted Construction Cost provided by Owner will shall be established with due consideration for of separate contingencies for changes in the Project during construction, construction and for of other Project costs that are the responsibility of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion of the Project. 4.3 . The general schedule for this Project is found in the RFQ. The Owner will identify shall periodically update the Budgeted Construction Cost. If the Owner significantly increases or decreases the scope in such a person as its Owner’s Designated Representative (“ODR”) who is authorized way that impacts the Budgeted Construction Cost, the Owner shall promptly notify the Contractor and CM. The Owner and CM, in consultation with the Contractor, shall thereafter agree to act on Owner’s behalf with respect to a corresponding change in the Project, including final determination of fees ’s scope and costs earned by Contractor and equitable back charges against Contractor. The ODR shall examine the documents submitted by Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSCquality. 4.4 Owner, at its sole cost, will secure the services of existing facility surveys, testing and balancing, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. 4.5 Owner shall arrange and pay for testing of materials, structural, mechanical, chemical and other laboratory tests as required by the Construction DocumentsDocuments or by law or as otherwise agreed to by the parties. 4.6 Owner shall provide various materials to be integrated into the Work, subject to acceptance by the Contractor as noted in the Specifications. 4.7 Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself the Owner as may be necessary for the Project. 4.7 4.8 Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of Contractor’s services and of the Work. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work within the time limits prescribed by the Uniform General Conditions and with reasonable promptness after receiving the Contractor’s written request for such information or services. 4.8 4.9 Owner may designate one or more construction inspectors who shall be given access to the Work as requested or neededWork. The provision of inspection services by Owner shall not reduce or lessen Contractor’s responsibility for the Project. Contractor is fully and solely responsible for constructing the Project in strict accordance with this Master Agreement. 4.9 4.10 Owner shall have the right to reject any defective Work work on the Project. Should Contractor refuse or neglect to correct any such Work within a reasonable time after noticesuch, Owner may have the Work corrected and recover all expenses incurred from Contractor on demand. 4.10 4.11 Owner shall cause A/E provide sets of the Contract Documents and one digital copy to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposalproposals, obtaining bids/proposals for the work Work, and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP Requests for Information (RFI's) responses and change order documentation. Contractor . 4.12 Owner shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for provide reasonable access to the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan roomssite.

OWNER’S RESPONSIBILITIES. 4.1 The Owner has designated A/E as shall provide full information regarding the Architect/Engineer for the Project. 4.2 Owner will provide the AACC and general schedule for the Project. The AACC provided by Owner will be established with due consideration for separate contingencies for changes in the Project during construction, and for other Project costs that are the responsibility requirements of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion of the Project. 4.3 Owner will identify a person as its Owner’s Designated Representative (“ODR”) who is authorized to act on Owner’s behalf with respect to the Project, including final determination a program, which shall set forth the Owner’s objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability requirements, special equipment and systems and site requirements. 4.2 The Owner shall establish and update an overall budget for the Project based on consultation with the Construction Manager and Design Professional, which shall include the Construction Cost, the Owner's other costs and reasonable contingencies related to all of fees these costs. 4.3 The Owner shall either retain a Design Professional whose services, duties and costs earned by Contractor responsibilities are described in the Agreement between Owner and equitable back charges against Contractorthe Design Professional or provide design services with the Owner’s own forces. The ODR shall examine Terms and Conditions of the documents submitted by Contractor Agreement between Owner and shall render decisions on behalf of OwnerDesign Professional will be furnished to the Construction Manager upon request. The ODR Construction Manager shall have all not be responsible for actions taken by the responsibilities and authorities allocated to him/her in the UGSCDesign Professional. 4.4 Owner, at its sole cost, will secure the services of existing facility surveys, testing and balancing, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. 4.5 The Owner shall arrange and pay for materials, furnish structural, mechanical, chemical chemical, air and water pollution tests, tests for hazardous materials, and other laboratory tests as and environmental tests, inspections and reports required by law or the Construction Contract Documents. 4.6 4.5 The Owner shall furnish all such legal, accounting, auditing accounting and insurance counseling services for itself as may be necessary for the Project, including such auditing services as the Owner may require to verify the Project Applications for Payment or to ascertain how or for what purposes the Contractors have used the money paid by or on behalf of the Owner. 4.6 The Owner shall furnish the Construction Manager with a sufficient quantity of Construction Documents. 4.7 Owner shall furnish required The services, information and reports required by Paragraphs 4.3 through 4.6, inclusive, shall be furnished at the Owner’s expense. 4.8 Prompt written notice shall be given by the Owner to the Construction Manager and Design Professional if the Owner becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents. 4.9 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors to the extent permitted by law. 4.10 Information or services and under the Owner's control shall render approvals and decisions as expeditiously as is consistent be furnished by the Owner with reasonable skill and care and promptness to avoid delay in the orderly progress of Contractor’s the Construction Manager's services and the progress of the Work. 4.8 Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Contractor’s responsibility for the Project. Contractor is fully and solely responsible for constructing the Project in strict accordance with this Agreement. 4.9 Owner shall have the right to reject any defective Work on the Project. Should Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor on demand. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 Owner has designated A/E as the Architect/Engineer for the Project. 4.2 Owner will provide the AACC and general schedule for the Project. The AACC provided by Owner will be established with due consideration for separate contingencies for changes in the Project during construction, and for other Project costs that are the responsibility of Owner. The general schedule will set forth Owner’s plan for milestone dates and completion of the Project. 4.3 Owner will identify a person as its Owner’s Designated Representative (“ODR”) who is authorized to act on Owner’s behalf with respect to the Project, including final determination of 03/16 Project No. 04-3195 fees and costs earned by Contractor and equitable back charges against Contractor. The ODR shall examine the documents submitted by Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSC. 4.4 Owner, at its sole cost, will secure the services of existing facility surveys, testing and balancing, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. 4.5 Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. 4.6 Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of Contractor’s services and of the Work. 4.8 Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Contractor’s responsibility for the Project. Contractor is fully and solely responsible for constructing the Project in strict accordance with this Agreement. 4.9 Owner shall have the right to reject any defective Work on the Project. Should Contractor refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor on demand. 4.10 Owner shall cause A/E to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.

OWNER’S RESPONSIBILITIES. 4.1 9.1 The Owner has designated A/E as the Architect/Engineer will designate a Project Architect for the Project. 4.2 9.2 The Owner will provide the AACC Preliminary Project Cost and general schedule for the Project. The AACC provided by Owner PPC will be established with due consideration for separate include the Construction Cost Limitation, contingencies for changes in the Project Work during construction, and for other Project costs that are the responsibility of the Owner. The general schedule will set forth the Owner’s plan for milestone dates and completion of the Project. 4.3 9.3 The Owner will identify a person as its Owner’s Owner Designated Representative (“ODR”) who is authorized to act on in the Owner’s 's behalf with respect to the Project. The Owner's Designated Representative shall examine the documents submitted by the Construction Manager and shall render decisions on behalf of the Owner. 9.4 The Owner will identify a person as its Owner Designated Representative (ODR) authorized to administer this Agreement on behalf of the Owner, including final determination of fees and costs earned by Contractor the Construction Manager and equitable back back-charges against Contractor. The ODR shall examine the documents submitted by Contractor and shall render decisions on behalf of Owner. The ODR shall have all the responsibilities and authorities allocated to him/her in the UGSCConstruction Manager. 4.4 9.5 The Owner, at its sole Owner’s cost, will secure the services of surveyors, soils engineers, existing facility surveys, testing and balancing, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. 4.5 9.6 The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. 4.6 9.7 The Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 4.7 9.8 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as is consistent with reasonable skill and care and the orderly progress of Contractor’s the Construction Manager's services and of the Work. 4.8 9.9 The Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen ContractorConstruction Manager’s responsibility for the ProjectWork. Contractor Construction Manager is fully and solely responsible for constructing the Project in strict accordance with this Agreementthe Construction Documents. 4.9 9.10 Owner shall have the right to reject any defective Work on the Project. Should Contractor Construction Manager refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Contractor Construction Manager on demand. 4.10 9.11 Owner shall cause A/E furnish to provide Contractor a compact disc containing documents and data files derived from the model at review milestones for its use in performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for Construction Manager the work and constructing the Project. Owner shall also make available to Contractor any supplemental Contract Documents such number of Construction Document sets as addenda, equipment procurement packages, RFI or RFP responses and change order documentation. Contractor shall be responsible for preparing all copies of these documents needed for its use and that of any of its consultants or Subcontractors for performing reviews, preparing cost estimates and a GMP proposal, obtaining bids/proposals for the work and constructing the Project as set forth in required by this Agreement. Contractor shall also be responsible for maintaining a register of document distribution, and distributing documents to its consultants, Subcontractors, bidders, proposers and plan rooms.