SERVICES AND AUTHORITY Clause Samples

SERVICES AND AUTHORITY. CM shall provide services customarily performed by a CM for the construction management of a large, complex, parking structure project, as set forth in this Agreement and as further detailed below: 1) Design Phase Basic Services a) CM shall develop and implement a Construction Management Plan, including formal procedures for measuring and reporting Contractor’s performance of tasks. b) CM shall prepare and deliver a Monthly Project Status Report that addresses any impacts to the design cost or schedule. c) CM shall provide site logistics analysis and recommend implementation of site logistics. d) CM shall assist JWA in making construction-related decisions during reviews of design drawings. e) CM shall provide construction expertise and coordinate with JWA in the development of detailed construction schedules and analyze schedule impacts of design decisions. CM shall also identify construction materials and equipment that have long manufacturing, fabrication, and/or delivery times. CM shall review and provide comments to the construction-scheduling specifications prepared by JWA. f) CM shall prepare detailed construction cost estimates at the Architect-Engineer (A-E) Schematic Design and Construction Documents Milestone Dates for “Parking Structure C Bid Package” deliverables as set forth in Section 5, TIME FOR PERFORMANCE, and in Exhibit A, “Scope of Services.” CM shall support COUNTY’S reconciliation process for the construction cost estimates provided by the CM, A-E, and JWA. (Applies to Parking Structure project only, not the Central Plant project). g) CM shall develop construction safety specifications and perform a safety risk analysis of the Project. h) CM shall provide Construction Document constructability reviews and provide recommendations regarding alternative construction methods and materials. CM shall develop Contractor Quality Control specifications.

SERVICES AND AUTHORITY. (1) The Company hereby retains US Risk and grants it authority to manage and settle claims arising under surplus lines insurance policies issued by the Company in California and placed by the Broker (hereinafter referred to as "Claim(s)") as set forth in Exhibit A, as amended from time to time, which is attached and incorporated herein by reference. (2) The maximum dollar amount of such authority per claim shall not exceed the greater of [***] of the Company’s policyholder surplus as of December 31 of the last completed calendar year or [***]. Claims settlements in excess of such authority require the prior approval of the Company. (3) The authority granted US Risk shall include, generally, the processing, investigating, adjusting, compromising, defending, litigating, and supervising Claims, and pursuing and collecting salvage recoveries for Claims, according to generally accepted procedures normally followed in the insurance claims business and specifically according to the operations and procedures of US Risk. US Risk shall provide first notice of loss, and salvage and subrogation services. (4) The Company grants to US Risk authority to appoint and supervise professional adjusters, appraisers, and attorneys, special investigators, and other professional employees and vendors to investigate, appraise, adjust, compromise, settle, defend, and litigate Claims. Such independent claims adjusters are not the agents of the Company and the Company shall be held harmless and indemnified by US Risk for any liability, claim, demand, expense and/or cost of whatever kind or character as a result of, related to or connected with any action or inaction of such claims adjusters. (5) Subject to the limitation of subparagraph A.(2), the Company grants to US Risk authority to settle and pay any Claim within the policy limits. (6) The Company retains final authority to determine any disputes relating to claims settlement and setting of loss reserves.

SERVICES AND AUTHORITY