For the pre-construction fee, CMAR undertakes to act as the District’s fiduciary and to furnish professional pre-construction services during the design of the Project. The pre-construction phase consists of the traditional Program Development phase, Schematic Design phase, Design Development phase and Construction Documents phase, as well as GMP preparation phase. The CMAR accepts a relationship of trust and confidence between itself and the District and undertakes to act as the District’s fiduciary in all matters related to the Project. The CMAR agrees to furnish its best skills and best judgment to cooperate with the District and DP during the design of the Project, and in all ways to further the interests of the District and the Project. The CMAR shall furnish efficient reviews, business administration, field supervision, and shall use its best efforts to see to it that the work of the Project is done in the best and most expeditious, economical manner consistent with the interests of the District, and in strict conformity with the Contract Documents, including all reasonable implications therein. Because of the CMAR’s fiduciary duties to the District, the Project will be “open book”, whereby the District may attend any and all meetings of the CMAR relating to the Project, and the District or its designated auditors or accountants shall have access to any and all records of the CMAR or maintained by the CMAR relating to the Project.
