Common use of The District’s Responsibilities Clause in Contracts

The District’s Responsibilities. 2.1 The District shall provide full information regarding the requirements of the Project including the District’s objectives, constraints and criteria. 2.2 Prior to the commencement of the Design Phase for the Project, the District shall provide a financial plan and budget to be utilized by Construction Manager as set forth in Section 1.1.3 of this Agreement. 2.3 The District shall designate a representative (“District Representative”) to act on the District’s behalf with respect to each Project. The District, or the District Representative, if authorized, shall render decisions promptly to avoid unreasonable delay in the progress of the Construction Manager’s services. 2.4 The District shall furnish tests, inspections and reports as required by law or the contract documents. 2.5 The services, information and reports required by Paragraphs 2.1 through 2.4, inclusive, shall be furnished at District’s expense. 2.6 If the District observes or otherwise becomes aware of any fault or defect in the Project, or nonconformance with the contract documents, prompt notice thereof shall be given by the District to the Construction Manager. 2.7 The District reserves the right to perform work related to the Project with the District’s own forces and/or to award contracts in connection with the Project. The Construction Manager shall notify the District within ten (10) days of actual knowledge of the District’s intent to perform work related to the Project with the District’s own forces and/or to award contracts in connection with the Project, if any such independent action shall in any way compromise the Construction Manager’s ability to meet the Construction Manager’s responsibilities under this Agreement. 2.8 The District shall retain an Architect whose services, duties and responsibilities are described in the Agreement between the District and the Architect. The terms and conditions of the District-Architect agreement shall be furnished to the Construction Manager.

The District’s Responsibilities. 2.1 The District shall provide full information regarding the requirements of the Project including the District’s objectives, constraints and criteria. 2.2 Prior to the commencement of the Design Phase for the Project, The current Construction Cost will be established by the District shall provide a financial plan and budget to be utilized after the initial estimate is provided by the Construction Manager and may be adjusted as directed by the District. The Construction Manager is to utilize this budget as set forth in Section 1.1.3 of this Agreement. An adjustment in the Construction Cost budget or the actual awarded construction Contract costs does not provide for additional service fees to be paid to the Construction Manager. The Construction Manager is to provide services to manage a project with an anticipated scope of improvements as included in the Construction Documents in accordance with this Agreement. 2.3 The District shall designate a representative (“District Representative”) to act on the District’s behalf with respect to each Project. The District, or the District Representative, if authorized, shall render decisions promptly to avoid unreasonable delay in the progress of the Construction Manager’s services. 2.4 The District shall furnish tests, inspections and reports as required by law or the contract documentsContract Documents. 2.5 The services, information and reports required by Paragraphs Articles 2.1 through 2.4, inclusive, shall be furnished at District’s expense. 2.6 If the District observes or otherwise becomes aware of any fault or defect in the Project, or nonconformance with the contract documentsContract Documents, prompt notice thereof shall be given by the District to the Construction Manager. 2.7 The District reserves the right to perform work related to the Project with the District’s own forces and/or to award contracts in connection with the Project. The Construction Manager shall notify the District within ten (10) days of actual knowledge of the District’s intent to perform work related to the Project with the District’s own forces and/or to award contracts in connection with the Project, if any such independent action shall in any way compromise the Construction Manager’s ability to meet the Construction Manager’s responsibilities under this Agreement. 2.8 The District shall retain an Architect whose services, duties and responsibilities are described in the Agreement between the District and the Architect. The terms and conditions of the District-Architect agreement shall be furnished to the Construction Manager. 2.9 The District shall obtain all necessary insurances relative to course of construction, builders all risk and property damage for the Project. 2.10 The District agrees to cause all trade Contractors to name the Construction Manager as an additional insured and to indemnify, defend and hold harmless the Construction Manager the same as it does the District using language mutually acceptable to the Construction Manager and the District.