Common use of OWNER’S RESPONSIBILITIES Clause in Contracts

OWNER’S RESPONSIBILITIES. The Owner will designate a Project Architect for the Project. The Owner will provide the Preliminary Project Cost and general schedule for the Project. The PPC will include the Construction Cost Limitation, contingencies for changes in the Work during construction, and other 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. The Owner will identify a person as its Owner Designated Representative (“ODR”) who is authorized to act in the Owner'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. 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 the Construction Manager and equitable backcharges against the Construction Manager. The Owner, at 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. The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. The Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 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 Construction Manager's services and of the Work. 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 Construction Manager’s responsibility for the Work. Construction Manager is fully and solely responsible for constructing the Project in strict accordance with the Construction Documents. Owner shall have the right to reject any defective Work on the Project. Should 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 Construction Manager on demand. Owner shall furnish to the Construction Manager the number of Construction Document sets as required by this Agreement.

OWNER’S RESPONSIBILITIES. The Owner will designate shall provide full information to the Consultant about the objectives, schedule, constraints and existing conditions of the project, and shall establish a Project Architect for budget with reasonable contingencies that matches the Projectproject requirements. The Owner will shall provide design criteria, including space requirements and relationships, special equipment and systems, and site requirements. When required by the Preliminary Project Cost project, the Owner shall provide a survey which describes physical characteristics, legal limitations and general schedule utility locations for the Project. The PPC will include the Construction Cost Limitation, contingencies for changes in the Work during construction, and other costs that are the responsibility of the Owner. The general schedule will set forth the Owner’s plan for milestone dates and completion site of the Project, plus a written legal description of the site. The survey and legal information shall 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 site; locations, dimensions of existing buildings, other improvements and trees. All the information on the survey shall be referenced to a project benchmark. The Owner will identify a person may direct the Consultant to obtain the survey and reimburse the Consultant for the cost. When required by the project, the Owner shall provide geo-technical engineering services which may include but are not limited to test borings, test pits, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. The Owner may direct the Consultant to obtain the geo-technical engineering services and reimburse the Consultant for the cost. However, the Consultant shall be responsible as its part of Basic Services for the development of the scope of work required to solicit information relative to subsoil conditions for the Project site, pertaining to foundation design and septic system design, if applicable. The Owner Designated Representative (“ODR”) who is authorized to act in the Owner's behalf with respect shall provide reasonable access to the ProjectProject site in order for the Consultant to perform the Consultant’s responsibilities. The Owner's Designated Representative Owner shall examine communicate about matters relating to the documents submitted by Contract Documents primarily through the Construction Manager Consultant to the Subconsultants and through the Consultant to the Contractor. The Owner shall render decisions on behalf manage the Project Budget and inform the Consultant and the Contractor, as necessary, of revisions to the budget. Bid and Project Contingency funds may be expended only with written approval of the Owner. The Owner will identify a person as its Owner Designated Representative authorized to administer this Agreement on behalf shall, in the event the lowest bona fide bid or negotiated bid exceeds the cost of the OwnerWork, including final determination implement one of fees and costs earned the following options by written directive: instruct the Construction Manager and equitable backcharges against Consultant to revise the Construction Manager. The OwnerProject design as needed, at Owner’s costbased on an altered scope or design parameters, will secure to align with the services project budget, or approve of surveyorsan increase in the budget for construction, soils engineersor authorize re-bidding or renegotiating of the Project within a reasonable time, 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 terminate the Project. The Owner shall arrange and pay for materialsadvise the Consultant of any known Owner-related reviews or approval processes of third parties which the Consultant may not be aware, structural, mechanical, chemical and other laboratory tests as required by yet requires work of the Construction DocumentsConsultant. The Owner shall furnish all legal, accounting, auditing coordinate the services provided by the Owner’s other consultants with those services provided by the Consultant and insurance counseling services for itself as may be necessary for the Projecttheir Subconsultants. The Owner shall furnish required information provide timely responses to the Consultant’s recommendations and services and advice. The Owner shall render approvals and decisions perform all responsibilities as expeditiously as is possible, consistent with reasonable normal skill and care and the orderly progress of the Construction Manager's services and of the Work. 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 Construction Manager’s responsibility for the Work. Construction Manager is fully and solely responsible for constructing the Project in strict accordance with the Construction Documents. Owner shall have the right to reject any defective Work on the Project. Should 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 Construction Manager on demand. Owner shall furnish to the Construction Manager the number of Construction Document sets as required by this Agreement.

OWNER’S RESPONSIBILITIES. The Owner will designate a Project Architect provide the Design Criteria Package for the ProjectProject pursuant to Texas Education Code section 51.780(a)(3). The Owner will provide the Preliminary Project Cost a preliminary project budget and general schedule for the Project. The PPC budget will include the Construction Cost Limitation, contingencies for changes in the Work during construction, and other 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. The Owner will identify designate a person as its Owner Designated Representative (“ODR”) who is representative authorized to act in the Owner's ’s behalf with respect to the Project. The Owner's ’s Designated Representative shall examine the documents submitted by the Construction Manager Design/Build Contractor and shall render decisions on behalf of the Owner. 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 the Construction Manager and equitable backcharges against the Construction Managerpertaining thereto. The Owner, at 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. 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. The Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 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. 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 Construction Manager's Design/Build Contractor’s services and of the Work. 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 Construction Managerin any respect Design/Build Contractor’s responsibility responsibilities for the Work. Construction Manager is Design/Build Contractor 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 the Construction Contract Documents. Owner shall have the right to reject any defective Work on the Project. Should Construction Manager 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 Construction Manager Design/Build Contractor on demand. Owner shall furnish to the Construction Manager the number of Construction Document sets as required by this Agreement.

OWNER’S RESPONSIBILITIES. The Owner will designate shall provide full information to the Consultant about the objectives, schedule, constraints and existing conditions of the project, and shall establish a Project Architect for budget with reasonable contingencies that matches the Projectproject requirements. The Owner will shall provide design criteria, including space requirements and relationships, special equipment and systems, and site requirements. When required by the Preliminary Project Cost project, the Owner shall provide a survey which describes physical characteristics, legal limitations and general schedule utility locations for the Project. The PPC will include the Construction Cost Limitation, contingencies for changes in the Work during construction, and other costs that are the responsibility of the Owner. The general schedule will set forth the Owner’s plan for milestone dates and completion site of the Project, plus a written legal description of the site. The survey and legal information shall 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 site; locations, dimensions of existing buildings, other improvements and trees. All the information on the survey shall be referenced to a project benchmark. The Owner will identify a person may direct the Consultant to obtain the survey and reimburse the Consultant for the cost. When required by the project, the Owner shall provide geo-technical engineering services which may include but are not limited to test borings, test pits, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. The Owner may direct the Consultant to obtain the geo-technical engineering services and reimburse the Consultant for the cost. However, the Consultant shall be responsible as its part of Basic Services for the development of the scope of work required to solicit information relative to subsoil conditions for the Project site, pertaining to foundation design and septic system design, if applicable. The Owner Designated Representative (“ODR”) who is authorized to act in the Owner's behalf with respect shall provide reasonable access to the ProjectProject site in order for the Consultant to perform the Consultant’s responsibilities. The Owner's Designated Representative Owner shall examine communicate about matters relating to the documents submitted by Contract Documents primarily through the Construction Manager Consultant to the Subconsultants and through the Consultant to the Contractor. The Owner shall render decisions on behalf manage the Project Budget and inform the Consultant and the Contractor, as necessary, of revisions to the budget. Bid and Project Contingency funds may be expended only with written approval of the Owner. The Owner will identify a person as its Owner Designated Representative authorized to administer this Agreement on behalf shall, in the event the lowest bona fide bid or negotiated bid exceeds the cost of the OwnerWork, including final determination implement one of fees and costs earned the following options by written directive: instruct the Construction Manager and equitable backcharges against Consultant to revise the Construction Manager. The OwnerProject scope or design as needed to align with the project budget, at Owner’s costor approve of an increase in the budget for construction, will secure or authorize re-bidding or renegotiating of the services of surveyorsProject within a reasonable time, 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 terminate the Project. The Owner shall arrange and pay for materialsadvise the Consultant of any known Owner-related reviews or approval processes of third parties which the Consultant may not be aware, structural, mechanical, chemical and other laboratory tests as required by yet requires work of the Construction DocumentsConsultant. The Owner shall furnish all legal, accounting, auditing coordinate the services provided by the Owner’s other consultants with those services provided by the Consultant and insurance counseling services for itself as may be necessary for the Projecttheir Subconsultants. The Owner shall furnish required information provide timely responses to the Consultant’s recommendations and services and advice. The Owner shall render approvals and decisions perform all responsibilities as expeditiously as is possible, consistent with reasonable normal skill and care and the orderly progress of the Construction Manager's services and of the Work. 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 Construction Manager’s responsibility for the Work. Construction Manager is fully and solely responsible for constructing the Project in strict accordance with the Construction Documents. Owner shall have the right to reject any defective Work on the Project. Should 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 Construction Manager on demand. Owner shall furnish to the Construction Manager the number of Construction Document sets as required by this Agreement.

OWNER’S RESPONSIBILITIES. The Owner will designate a Project Architect for the Project. The Owner will provide the Preliminary Project Cost and general schedule for the Project. The PPC will include the Construction Cost Limitation, contingencies for changes in the Work during construction, and other 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. The Owner will identify a person as its Owner Designated Representative (“ODR”) who is authorized to act in the Owner'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. 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 the Construction Manager and equitable backcharges against the Construction Manager. The Owner, at 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. The Owner shall arrange and pay for materials, structural, mechanical, chemical chemical, and other laboratory tests as required by the Construction Documents. The Owner shall furnish all legal, accounting, auditing auditing, and insurance counseling services for itself as may be necessary for the Project. 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 Construction Manager's services and of the Work. 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 Construction Manager’s responsibility for the Work. Construction Manager is fully and solely responsible for constructing the Project in strict accordance with the Construction Documents. Owner shall have the right to reject any defective Work on the Project. Should 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 Construction Manager on demand. Owner shall furnish to the Construction Manager the number of Construction Document sets as required by this Agreement.

OWNER’S RESPONSIBILITIES. The Unless otherwise provided under this Agreement, the Owner will designate shall provide information in a Project Architect for the Project. The Owner will provide the Preliminary Project Cost timely manner regarding requirements and general schedule for the Project. The PPC will include the Construction Cost Limitation, contingencies for changes in the Work during construction, and other 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. The Owner will identify a person as its Owner Designated Representative (“ODR”) who is authorized to act in the Owner'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. 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 the Construction Manager and equitable backcharges against the Construction Manager. The Owner, at 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 parameters of the Project. The Owner shall arrange furnish information, in conjunction with the Architect/Engineer’s services, setting forth the Owner’s objectives, schedule, constraints and pay criteria, including space requirements and relationships, special equipment, systems and site requirements as applicable to the Project. The Owner shall examine documents submitted by the Architect/Engineer and shall render decisions pertaining thereto. The Owner shall furnish the services of consultants other than those designated as part of the Architect/Engineer’s responsibility or authorize the Architect/Engineer to furnish them as a change in service or scope. The Owner shall furnish testing, inspections, and reports as necessary for materialsthe Project such as geotechnical, structural, mechanical, chemical chemical, hazardous materials, and other laboratory tests tests, inspections, and reports not incorporated into this Agreement or shall authorize the Architect/Engineer to furnish them as required by the Construction Documentsa change in service or scope. The Owner shall furnish all legal, accounting, accounting and auditing and insurance counseling services for itself as may be necessary for the ProjectProject as he may require to ascertain how or for what purposes the Architect/Engineer has used the funds paid under the terms of this Agreement. The If the Owner observes or otherwise becomes aware of any error, fault, omission, or defect in the Project or non-conformance with the documentation or Plans and Specifications, he shall give prompt notice thereof to the Architect/Engineer. Upon request, the Owner shall furnish required prepare for the Architect/Engineer the necessary bidding information, wage rates, and the General and any Supplementary General Conditions of the Construction Contract, commonly called the "Boiler Plate", and other specifications deemed necessary by the Owner, for inclusion into the Contract Documents. Boiler plate and bidding information and provided by the Owner shall be included in the bidding documents without modification by the Architect/Engineer unless changes are requested and/or approved by the Owner. Any changes made by the Architect/Engineer without consent of the Owner shall be the Architect/Engineer’s responsibility. Architect/Engineer’s Responsibilities: The Architect/Engineer’s services and shall render approvals and decisions be performed as expeditiously as is consistent with reasonable professional skill and care and care, the essential orderly progress of the Construction Manager's services Project, and of the Work. 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 Construction Manager’s responsibility for the Work. Construction Manager is fully and solely responsible for constructing the Project in strict accordance with the Project Schedule. The Architect/Engineer recognizes and agrees that time is of the essence of this Agreement in the performance of its services. The Architect/Engineer shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law or create the risk of significant harm to the public. The Architect/Engineer shall require similar agreements of the Architect/Engineer’s consultants to maintain the confidentiality of information specifically designated as confidential by the Owner. Except with the Owner’s knowledge and express written consent, the Architect/Engineer shall not engage in any activity, or accept any employment, other agreement, interest, or contribution that would reasonably appear to compromise the Architect/Engineer’s professional judgment with respect to this Project. The Architect/Engineer is expressly prohibited from participating in or bidding on any part of the Contract for Construction Documentsor multiple construction contracts, if any, let by the Owner. Owner The Architect/Engineer shall have review laws, codes, and regulations applicable to the right Architect/Engineer’s services. The Architect/Engineer shall respond in the design of the Project to reject any defective Work on requirements imposed by governmental authorities having jurisdiction over the Project. Should Construction Manager refuse or neglect The Architect/Engineer shall be entitled to correct any such Work within a reasonable time after notice, rely on the accuracy and completeness of services and information furnished by the Owner may have and/or the Work corrected and recover all expenses incurred from Construction Manager on demandAgency. Owner The Architect/Engineer shall furnish provide prompt written notice to the Construction Manager Owner if the number Architect/Engineer becomes aware of Construction Document sets as required by this Agreementany errors, omissions, or inconsistencies in such services or information.

OWNER’S RESPONSIBILITIES. ACCESS Owner shall provide Consultant with reasonable access to the Worksite so as to assist Consultant in its performance of all tasks reasonably necessary for the completion of Services under this Agreement. UTILITIES Consultant, along with any Subcontractors, shall arrange to locate and xxxx all underground utilities. This work will be performed in accordance with the individual state or local legally-authorized utility locating service known variously as “One Call,” “Miss Utility” or other such entitled services. Underground utilities not located and marked by the state or local legally-authorized locating services will be located through the use of a private utility locator for which Consultant will be compensated. Underground utilities or subterranean structures owned or installed by Owner shall be located and marked by Owner at his/her expense. No subsurface exploration services will commence until all known underground utilities are located and marked. Consultant shall take reasonable precautions to avoid known underground utilities and subterranean structures. OWNER’S REPRESENTATIVE Owner's Representative is identified under Article 11. Owner’s Representative shall: (a) be fully acquainted with the Project, Services, and Worksite; (b) agree to furnish the information and services required of Owner in a timely manner; and (c) is authorized to act on behalf of the Owner and provide general administration of the Agreement and fulfill the duties, rights and obligations of the Owner under the Agreement. If Owner changes its Representative or the Representative's authority, Owner shall promptly notify Consultant in writing in advance. The Director of Design & Construction or designee shall be the principal representative of the Owner. All communications between the Owner will designate a Project Architect for and Consultant shall be made through the Owner's Representative. The Owner's Representative shall be at all meetings with the Consultant and other institutional personnel during the Project. The Owner will provide the Preliminary Project Cost and general schedule for the Project. The PPC will include the Construction Cost Limitation, contingencies for changes in the Work during construction, and other costs that are the responsibility of the Owner. The general schedule will set forth the Owner’s plan for milestone dates Representative shall meet and completion confer with the Consultant and its Subcontractors as necessary to ensure complete understanding and communication relative to the needs and requirements of the Project. The Owner will identify a person as its Owner Designated Owner’s Representative (“ODR”) who is authorized to act shall notify the Consultant in writing of any change in the written program/requirements. INFORMATION AND SERVICES PROVIDED BY OWNER Owner’s responsibilities under this article shall be fulfilled with reasonable detail and in a timely manner. WORKSITE INFORMATION. To the extent Owner has obtained, or is required by this Agreement to obtain, the following Worksite information, Owner shall provide such information at Owner's behalf expense and with respect reasonable promptness: Information describing the physical characteristics of the site, including surveys, Worksite evaluations, legal descriptions, data, notes, maps, or drawings depicting existing surface and/or subsurface conditions, boring logs, site photos, geophysical logs, lab tests, environmental studies, reports and investigation findings, and field observations, and any other data, reports, or information relevant to the ProjectServices. Worksite descriptions shall include existing buildings and other construction and all other pertinent site conditions. Adjacent property descriptions shall include structures, streets, sidewalks, alleys and other features relevant to the Services. Utility details shall include available services, lines at the Worksite and adjacent thereto, and connection points. The information shall include public and private information, surface and subsurface information, grades, contours and elevations, drainage data, exact locations and dimensions, and benchmarks that can be used by Consultant in planning and/or performing the Services. Tests, inspections, and other reports dealing with environmental matters, Hazardous Waste, and other existing conditions, required by this Agreement or by Law; and Any other information or services requested in writing by Consultant which are required for Consultant's performance of the Services and under Owner's Designated Representative shall examine control. This Section details the documents submitted by the Construction Manager and shall render decisions on behalf of the Owner. The Owner will identify a person information, such as its Owner Designated Representative authorized to administer this Agreement on behalf of the Owner, including final determination of fees and costs earned by the Construction Manager and equitable backcharges against the Construction Manager. The Owner, at Owner’s cost, will secure the services of surveyors, soils engineers, existing facility site surveys, testing legal descriptions and balancingreports of environmental conditions, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as services required by the Construction Documents. The Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 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 Construction Manager's services and of the Work. 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 Construction Manager’s responsibility for the Work. Construction Manager is fully and solely responsible for constructing the Project in strict accordance with the Construction Documents. Owner shall have the right to reject any defective Work on the Project. Should 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 Construction Manager on demand. Owner shall furnish to the Construction Manager the number of Construction Document sets as required by this AgreementOwner.

OWNER’S RESPONSIBILITIES. ACCESS Owner shall provide Consultant with reasonable access to the Worksite so as to assist Consultant in its performance of all tasks reasonably necessary for the completion of Services under this Agreement. UTILITIES Consultant, along with any Subcontractors, shall arrange to locate and xxxx all underground utilities. This work will be performed in accordance with the individual state or local legally-authorized utility locating service known variously as “One Call,” “Miss Utility” or other such entitled services. Underground utilities not located and marked by the state or local legally-authorized locating services will be located through the use of a private utility locator for which Consultant will be compensated. Underground utilities or subterranean structures owned or installed by Owner shall be located and marked by Owner at his/her expense. No subsurface exploration services will commence until all known underground utilities are located and marked. Consultant shall take reasonable precautions to avoid known underground utilities and subterranean structures. OWNER’S REPRESENTATIVE Owner's Representative is identified under Article 11. Owner’s Representative shall: (a) be fully acquainted with the Project, Services, and Worksite; (b) agree to furnish the information and services required of Owner in a timely manner; and (c) is authorized to act on behalf of the Owner and provide general administration of the Agreement and fulfill the duties, rights and obligations of the Owner under the Agreement. If Owner changes its Representative or the Representative's authority, Owner shall promptly notify Consultant in writing in advance. The Director of Facilities Management or designee shall be the principal representative of the Owner. All communications between the Owner will designate a Project Architect for and Consultant shall be made through the Owner's Representative. The Owner's Representative shall be at all meetings with the Consultant and other institutional personnel during the Project. The Owner will provide the Preliminary Project Cost and general schedule for the Project. The PPC will include the Construction Cost Limitation, contingencies for changes in the Work during construction, and other costs that are the responsibility of the Owner. The general schedule will set forth the Owner’s plan for milestone dates Representative shall meet and completion confer with the Consultant and its Subcontractors as necessary to ensure complete understanding and communication relative to the needs and requirements of the Project. The Owner will identify a person as its Owner Designated Owner’s Representative (“ODR”) who is authorized to act shall notify the Consultant in writing of any change in the written program/requirements. INFORMATION AND SERVICES PROVIDED BY OWNER Owner’s responsibilities under this article shall be fulfilled with reasonable detail and in a timely manner. WORKSITE INFORMATION. To the extent Owner has obtained, or is required by this Agreement to obtain, the following Worksite information, Owner shall provide such information at Owner's behalf expense and with respect reasonable promptness: Information describing the physical characteristics of the site, including surveys, Worksite evaluations, legal descriptions, data, notes, maps, or drawings depicting existing surface and/or subsurface conditions, boring logs, site photos, geophysical logs, lab tests, environmental studies, reports and investigation findings, and field observations, and any other data, reports, or information relevant to the ProjectServices. Worksite descriptions shall include existing buildings and other construction and all other pertinent site conditions. Adjacent property descriptions shall include structures, streets, sidewalks, alleys and other features relevant to the Services. Utility details shall include available services, lines at the Worksite and adjacent thereto, and connection points. The information shall include public and private information, surface and subsurface information, grades, contours and elevations, drainage data, exact locations and dimensions, and benchmarks that can be used by Consultant in planning and/or performing the Services. Tests, inspections, and other reports dealing with environmental matters, Hazardous Waste, and other existing conditions, required by this Agreement or by Law; and Any other information or services requested in writing by Consultant which are required for Consultant's performance of the Services and under Owner's Designated Representative shall examine control. This Section details the documents submitted by the Construction Manager and shall render decisions on behalf of the Owner. The Owner will identify a person information, such as its Owner Designated Representative authorized to administer this Agreement on behalf of the Owner, including final determination of fees and costs earned by the Construction Manager and equitable backcharges against the Construction Manager. The Owner, at Owner’s cost, will secure the services of surveyors, soils engineers, existing facility site surveys, testing legal descriptions and balancingreports of environmental conditions, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as services required by the Construction Documents. The Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 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 Construction Manager's services and of the Work. 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 Construction Manager’s responsibility for the Work. Construction Manager is fully and solely responsible for constructing the Project in strict accordance with the Construction Documents. Owner shall have the right to reject any defective Work on the Project. Should 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 Construction Manager on demand. Owner shall furnish to the Construction Manager the number of Construction Document sets as required by this AgreementOwner.

OWNER’S RESPONSIBILITIES. The Owner will designate a Project Architect for the Project. The Owner will provide the Preliminary Project Cost (PPC) and general schedule for the Project. The PPC will include the Construction Cost Limitation, contingencies for changes in the Work during construction, and other 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. The Owner will identify a person as its Owner Designated Representative Project Manager (“ODR”PM) who is authorized to act in the Owner's behalf with respect to the Project. The Project Manager shall also be referred to as the Owner's ’s Designated Representative (ODR) and/or Resident Construction Manager (RCM). The Project Manager shall examine the documents submitted by the Construction Manager and shall render decisions on behalf of the OwnerOwner to the extent allowed by Texas law. The Owner will identify a person as its Owner Designated Representative Project Manager shall be authorized to administer this Agreement on behalf of the Owner, including final determination of fees and costs earned by the Construction Manager and equitable backcharges back-charges against the Construction Manager. The Owner, at 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. The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. The Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 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 Construction Manager's services and of the Work. 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 Construction Manager’s responsibility for the Work. Construction Manager is fully and solely responsible for constructing the Project in strict accordance with the Construction Documents. Owner shall have the right to reject any defective Work on the Project. Should 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 Construction Manager on demand. Owner shall furnish to the Construction Manager the number of Construction Document sets as required by this Agreementthe Construction Manager.

OWNER’S RESPONSIBILITIES. The Owner will designate a Project Architect provide the Design Criteria Package for the ProjectProject pursuant to Texas Education Code section 51.780(a)(3). The Owner will provide the Preliminary Project Cost a preliminary project budget and general schedule for the Project. The PPC budget will include the Construction Cost Limitation, contingencies for changes in the Work during construction, and other 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. The Owner will identify designate a person as its Owner Designated Representative (“ODR”) who is representative authorized to act in the Owner's ’s behalf with respect to the Project. The Owner's ’s Designated Representative shall examine the documents submitted by the Construction Manager Design/Build Contractor and shall render decisions on behalf of the Owner. 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 the Construction Manager and equitable backcharges against the Construction Managerpertaining thereto. The Owner, at 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. The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as required by the Construction Documents. The Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 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. 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 Construction Manager's Design/Build Contractor’s services and of the Work. 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 Construction Managerin any respect Design/Build Contractor’s responsibility responsibilities for the Work. Construction Manager is Design/Build Contractor 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 the Construction Contract Documents. Owner shall have the right to reject any defective Work on the Project. Should Construction Manager 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 Construction Manager Design/Build Contractor on demand. Owner shall furnish to the Construction Manager the number of Construction Document sets as required by this Agreement.

OWNER’S RESPONSIBILITIES. ACCESS Owner shall provide Consultant with reasonable access to the Worksite so as to assist Consultant in its performance of all tasks reasonably necessary for the completion of Services under this Agreement. UTILITIES Consultant, along with any Subcontractors, shall arrange to locate and xxxx all underground utilities. This work will be performed in accordance with the individual state or local legally-authorized utility locating service known variously as “One Call,” “Miss Utility” or other such entitled services. Underground utilities not located and marked by the state or local legally-authorized locating services will be located through the use of a private utility locator for which Consultant will be compensated. Underground utilities or subterranean structures owned or installed by Owner shall be located and marked by Owner at his/her expense. No subsurface exploration services will commence until all known underground utilities are located and marked. Consultant shall take reasonable precautions to avoid known underground utilities and subterranean structures. OWNER’S REPRESENTATIVE Owner's Representative is identified under Article 11. Owner’s Representative shall: (a) be fully acquainted with the Project, Services, and Worksite; (b) agree to furnish the information and services required of Owner in a timely manner; and (c) is authorized to act on behalf of the Owner and provide general administration of the Agreement and fulfill the duties, rights and obligations of the Owner under the Agreement. If Owner changes its Representative or the Representative's authority, Owner shall promptly notify Consultant in writing in advance. The Director of Physical Plant or designee shall be the principal representative of the Owner. All communications between the Owner will designate a Project Architect for and Consultant shall be made through the Owner's Representative. The Owner's Representative shall be at all meetings with the Consultant and other institutional personnel during the Project. The Owner will provide the Preliminary Project Cost and general schedule for the Project. The PPC will include the Construction Cost Limitation, contingencies for changes in the Work during construction, and other costs that are the responsibility of the Owner. The general schedule will set forth the Owner’s plan for milestone dates Representative shall meet and completion confer with the Consultant and its Subcontractors as necessary to ensure complete understanding and communication relative to the needs and requirements of the Project. The Owner will identify a person as its Owner Designated Owner’s Representative (“ODR”) who is authorized to act shall notify the Consultant in writing of any change in the written program/requirements. INFORMATION AND SERVICES PROVIDED BY OWNER Owner’s responsibilities under this article shall be fulfilled with reasonable detail and in a timely manner. WORKSITE INFORMATION. To the extent Owner has obtained, or is required by this Agreement to obtain, the following Worksite information, Owner shall provide such information at Owner's behalf expense and with respect reasonable promptness: Information describing the physical characteristics of the site, including surveys, Worksite evaluations, legal descriptions, data, notes, maps, or drawings depicting existing surface and/or subsurface conditions, boring logs, site photos, geophysical logs, lab tests, environmental studies, reports and investigation findings, and field observations, and any other data, reports, or information relevant to the ProjectServices. Worksite descriptions shall include existing buildings and other construction and all other pertinent site conditions. Adjacent property descriptions shall include structures, streets, sidewalks, alleys and other features relevant to the Services. Utility details shall include available services, lines at the Worksite and adjacent thereto, and connection points. The information shall include public and private information, surface and subsurface information, grades, contours and elevations, drainage data, exact locations and dimensions, and benchmarks that can be used by Consultant in planning and/or performing the Services. Tests, inspections, and other reports dealing with environmental matters, Hazardous Waste, and other existing conditions, required by this Agreement or by Law; and Any other information or services requested in writing by Consultant which are required for Consultant's performance of the Services and under Owner's Designated Representative shall examine control. This Section details the documents submitted by the Construction Manager and shall render decisions on behalf of the Owner. The Owner will identify a person information, such as its Owner Designated Representative authorized to administer this Agreement on behalf of the Owner, including final determination of fees and costs earned by the Construction Manager and equitable backcharges against the Construction Manager. The Owner, at Owner’s cost, will secure the services of surveyors, soils engineers, existing facility site surveys, testing legal descriptions and balancingreports of environmental conditions, environmental surveys or other special consultants to develop such additional information as may be necessary for the design or construction of the Project. The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as services required by the Construction Documents. The Owner shall furnish all legal, accounting, auditing and insurance counseling services for itself as may be necessary for the Project. 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 Construction Manager's services and of the Work. 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 Construction Manager’s responsibility for the Work. Construction Manager is fully and solely responsible for constructing the Project in strict accordance with the Construction Documents. Owner shall have the right to reject any defective Work on the Project. Should 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 Construction Manager on demand. Owner shall furnish to the Construction Manager the number of Construction Document sets as required by this AgreementOwner.

OWNER’S RESPONSIBILITIES. The Owner will designate shall provide full information to the Consultant about the objectives, schedule, constraints, and existing conditions of the project, and shall establish a Project Architect for budget, with reasonable contingencies, which covers the Projectproject requirements. The Owner will shall provide design criteria, including space requirements and relationships, special equipment and systems, and site requirements. When required by the Preliminary Project Cost project, the Owner shall provide a survey which describes physical characteristics, legal limitations, and general schedule utility locations for the Projectsite of the project, plus a written legal description of the site. The PPC will include the Construction Cost Limitationsurvey and legal information shall include, contingencies for changes in the Work during constructionas 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 other costs that are the responsibility contours of the Ownersite; locations, dimensions of existing buildings, other improvements, and trees. The general schedule will set forth All the Owner’s plan for milestone dates and completion of information on the Projectsurvey shall be referenced to a project benchmark. The Owner will identify a person may direct the Consultant to obtain the survey and reimburse the Consultant for the cost. When required by the project, the Owner shall provide geo-technical engineering services which may include but are not limited to test borings, test pits, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. The Owner may direct the Consultant to obtain the geo-technical engineering services and reimburse the Consultant for the cost. However, the Consultant shall be responsible as its part of Basic Services for the development of the scope of work required to solicit information relative to subsoil conditions for the project site, pertaining to foundation design and septic system design, if applicable. The Owner Designated Representative (“ODR”) who is authorized to act in the Owner's behalf with respect shall provide reasonable access to the Projectproject site in order for the Consultant to perform the Consultant’s responsibilities. The Owner's Designated Representative Owner shall examine communicate about matters relating to the documents submitted by Contract Documents primarily through the Construction Manager Consultant to the Subconsultants and through the Consultant to the Contractor. The Owner shall render decisions on behalf manage the Project Budget and inform the Consultant and the Contractor, as necessary, of revisions to the budget. Bid and Project Contingency funds may be expended only with written approval of the Owner. The Owner will identify a person as its Owner Designated Representative authorized to administer this Agreement on behalf shall, in the event the lowest bona fide bid or negotiated bid exceeds the cost of the OwnerWork, including final determination of fees and costs earned by the Construction Manager and equitable backcharges against the Construction Manager. The Owner, at 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 implement one of the Projectfollowing options by written directive: instruct the Consultant to revise the project design as needed, based on an altered scope or design parameters, to align with the project budget, or approve of an increase in the budget for construction, or authorize re-bidding or renegotiating of the project within a reasonable time, or terminate the project. The Owner shall arrange and pay for materialsadvise the Consultant of any known Owner-related reviews or approval processes of third parties which the Consultant may not be aware, structural, mechanical, chemical and other laboratory tests as required by yet requires work of the Construction DocumentsConsultant. The Owner shall furnish all legal, accounting, auditing coordinate the services provided by the Owner’s other consultants with those services provided by the Consultant and insurance counseling services for itself as may be necessary for the Projecttheir Subconsultants. The Owner shall furnish required information provide timely responses to the Consultant’s recommendations and services and advice. The Owner shall render approvals and decisions perform all responsibilities as expeditiously as is possible, consistent with reasonable normal skill and care and the orderly progress of the Construction Manager's services and of the Work. 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 Construction Manager’s responsibility for the Work. Construction Manager is fully and solely responsible for constructing the Project in strict accordance with the Construction Documents. Owner shall have the right to reject any defective Work on the Project. Should 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 Construction Manager on demand. Owner shall furnish to the Construction Manager the number of Construction Document sets as required by this Agreementproject.