Common use of Construction Documents Clause in Contracts

Construction Documents. 2.5.1 Upon the City’s authorization, the Consultant shall prepare Construction Documents consisting of drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon the City’s authorization, the Consultant The Developer shall prepare Drawings and Specifications which shall be in a form satisfactory to the Authorized City Representative and the Developer. The “Drawings” are the graphic and pictorial portions of the Construction Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. The “Specifications” are that portion of the Construction Documents consisting of drawings and specifications setting forth in detail the written requirements for construction materials, equipment, systems, standards and workmanship for the Work, and performance of related services. The Construction Drawings shall conform to the City’s Engineering Standards for public streets except as such public standards may be upgraded by Agreement of the ProjectCity and the Developer. Such It is the intent of the Construction Documents to accomplish a complete and first grade installation in which there shall be installed new products of the latest and best design and manufacturer, and workmanship shall be thoroughly first class, executed by competent and experienced personnel. Details of preparation, construction, installation, and finishing encompassed by the Construction Documents shall be project specific conform to the best practices of the respective trades, and the workmanship and construction methods shall be accurate, coordinated of good quality so as to accomplish a neat and adequate for construction, quality finished job. Any Drawings and Specifications that comprise the Construction Documents are instruments of service through which the Work to be executed is described. The City shall be in conformity own the copyrights on the Drawings and comply with Specifications and will retain all applicable common law, codesstatutory and other reserved rights, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same in addition to the City. 2.5.3 copyrights. The Consultant Authorized City Representative shall assist have the City in preparing right to provide the Drawings and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, Specifications and other documents upon which to another design professional or engineer for information and reference in preparing new Drawings and Specifications and other documents for subsequent improvements, additions or alterations to the bidding is to be basedPublic Infrastructure Improvements. The Consultant Authorized City Representative shall make copies have the option but not the obligation to proceed with Public Infrastructure Improvements in the event that Developer ceases for any reason to perform any of complete bid packages available at its office nearest obligations under this Agreement, provided that the City has paid to Developer all amounts due and payable as of the date of Developer’s cessation of performance. However, if an amount due is the subject of a bona fide dispute, including without limitation that the Work was not performed in accordance with the Construction Documents, the Authorized City Representative shall nevertheless be entitled to so use the Drawings and Specifications and other documents, provided that when the dispute with respect to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by amount due is resolved, the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to parties promptly comply with the terms of Section 6.2 the decision resolving the dispute. All copies of this Agreement. 2.5.5 In the event that there are amendments Drawings and Specifications, except the record set of the Developer, shall be returned or suitably accounted for to the bid packagesAuthorized City Representative, amendments to any on request, upon final completion of the documents contained Public Infrastructure Improvements, and the copy thereof furnished to the Developer is for use solely with respect to the bid packages, or any clarifications issued during Public Infrastructure Improvements. They are not to be used by the bidding process, Developer on other projects except projects in Carriage Trails without the Consultant shall prepare for specific written consent of the City’s approval written addenda as Authorized City Representative. The Developer is authorized to use and reproduce applicable portions of the Drawings and Specifications appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable execution of obligations with respect to the CityPublic Infrastructure Improvements; provided, however, that any reproduction and shall be reimbursed for distribution of copies of the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process Drawings and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified Specifications by the City. 2.5.7 The Consultant shall be available as Developer to the extent necessary to assist the City in the evaluation comply with official regulatory requirements or obligations of all bids received for determination of compliance with the bidding requirements. The Consultant law shall not be responsible for performing any investigations construed as an infringement of the copyrights or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions other reserved rights of materials or equipment and shall advise the City with respect to samethe Drawings and Specifications. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings and Specifications. The Developer agrees that it will deliver to the Authorized City Representative a set of record drawings on the date of Acceptance of the Public Infrastructure Improvements by the Authorized City Representative (pursuant to Section 4.4 hereof) or such earlier date as may be reasonably requested by the Authorized City Representative. The record drawings shall be in the form of reproducible drawings correctly marked to show the Public Infrastructure Improvements as completed and shall detail the construction of the Public Infrastructure Improvements and contain such annotations as may be necessary for someone unfamiliar with the Public Infrastructure Improvements to understand the changes that were made to the original Drawings and Specifications. The Developer may also retain one record set.

Construction Documents. 2.5.1 Upon From the approved Design Development Documents, Consultant shall prepare for written approval by City’s authorization, Final Construction Documents setting forth all design drawings and specifications needed to comprise a fully biddable, permittable, constructible Project. Consultant shall produce 30%, 60%, 90% and Final Construction Documents for review and approval by City, which shall include the following: A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not included in the 30%, 60%, 90% and Final review shall be noted. Consultant shall attach an index of all anticipated drawing sheets necessary to fully define the Project. The updated Project Development Schedule to include an outline of major construction milestone activities and the recommended construction duration period in calendar days. An updated Statement of Probable Construction Cost in CSI format. Consultant may also be authorized to include in the Construction Documents approved additive and/or deductive alternate bid items, to permit City to award a Construction Contract within the limit of the budgeted amount. A Project Specifications index and Project Manual with at least 30%, 60%, 90% and Final of the Specifications completed. Documents submittal shall also include all sections of Divisions “0” and “1”. Perform an internal review and check the structural design and the structural Contract Documents including the interrelationship of the Primary Structural System with the designs prepared by other design disciplines. The prime design professional is responsible for overall coordination of the various engineering disciplines. Assist, if required, in obtaining approval by appropriate review agencies. Assist, if required, with manufacturer or supplier recommendations. Consultant shall include, and will be paid for, City-requested alternates outside of the established Project scope or that are not constructed due to a lack of funds. No fee will be paid by City in connection with alternates required by the failure of Consultant to design the Project within the Fixed Limit of Construction Cost. Consultant shall not proceed with further construction document development until approval of the 30% documents is received in writing from City. Approval by City shall be for progress only and does not relieve Consultant of its responsibilities and liabilities relative to code compliance and to other covenants contained in this Agreement. Consultant shall resolve all questions indicated on the documents and make all changes to the documents necessary in response to the review commentary. The 30% Documents review (check) set shall be returned to City upon submission of 60% complete Construction Documents and Consultant shall provide an appropriate response to all review comments noted on these previously submitted documents. Of the seven (7) copies to be provided, the Consultant shall prepare Construction Documents consisting submit to the City four (4) full size copies of the drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreementone digital copy in .pdf format. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon the City’s CITY’S authorization, the Consultant CONSULTANT shall prepare Construction Documents consisting of drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the CityCITY. 2.5.2 The Consultant CONSULTANT shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the CityCITY. 2.5.3 The Consultant CONSULTANT shall assist the City CITY in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant CONSULTANT shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant CONSULTANT shall make copies of complete bid packages available at its office nearest to the Project project site during normal business hours for all prospective bidders. The Consultant CONSULTANT shall be reimbursed by the City CITY for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement6.2. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant CONSULTANT shall prepare for the City’s CITY’S approval written addenda as appropriate to interpret, clarify or expand the bidding documentsBidding Documents. The Consultant CONSULTANT shall make such documents available to all prospective bidders in a manner acceptable to the CityCITY, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant CONSULTANT shall coordinate with the City CITY during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant CONSULTANT shall attend the pre-bid meeting, which will be held at a location as specified by the CityCITY. 2.5.7 The Consultant CONSULTANT shall be available as necessary to assist the City CITY in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant CONSULTANT shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant CONSULTANT shall assist the City CITY as necessary in making such determination. 2.5.8 The Consultant CONSULTANT will investigate, study, study and analyze any proposed substitutions of materials or equipment and shall advise the City CITY with respect to same.

Construction Documents. 2.5.1 Upon written authorization from the City’s authorizationAOC to proceed with the Construction Documents, Contractor shall perform the Consultant shall prepare following as Basic Services: Prepare, using Design Development documents accepted and approved by the AOC and such standard documents as may be furnished by the AOC, Construction Documents consisting of working drawings and specifications setting that set forth in detail all the requirements for construction of the entire Project. Such The Construction Documents shall be project specific designed to promote economy in construction, maintenance, and operation, and to comply with design criteria and cost limitations. Prepare information required for the General Construction Activity Permit [per requirements of the State Water Resources Control Board (SWRCB), available on the SWRCB website at ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇▇/stormwtr/construction.html] regarding the Storm Water Pollution Prevention Plan (SWPPP), as required for inclusion in the Construction Documents. Such information will be for use by the construction contractor in preparation of the construction contractor’s final SWPPP for the Project site and for the construction contractor’s use in filing the Notice of Intent with the SWRCB and in meeting any other county, city, municipality, or other local agency requirements regarding storm water discharges and management. Information and documentation to be provided typically includes a topographical survey (identifying streams, channels, wetlands, etc.), site map (base map including known hazardous or toxic waste areas), certification page, amendment page, site hydrology (rainfall, watershed management), soil type (site runoff, impervious areas), site and construction area sizes, and discharge sampling and analysis strategy. Furnish to the AOC for review all work at the 50 percent, 90 percent and 100 percent stages of completion. Contractor shall provide copies of the deliverables for the AOC to review as specified in section A.5.g of this Exhibit A. Contractor shall retain record copies of said deliverables. The AOC will review deliverables and either notify Contractor of Acceptance or request modifications. Upon completion of review by the AOC, Contractor shall make all changes and corrections necessary to meet the requirements of the approved Program scope and budget for the Project, at no additional cost to the AOC. Contractor shall respond to each review comment at each stage of completion, indicating the resolution of each item. Obtain stamped approval by the State Fire Marshal and DSA Access Compliance Unit on all drawings/documents as required. Provide design phase scheduling information in the format agreed upon with the AOC at the commencement of Services, for inclusion into the master schedule prepared and updated by the AOC’s selected CM at Risk. Respond to and/or make corrections to the deliverables as a result of a constructability review performed by the AOC and/or the AOC’s selected CM at Risk. Prepare a construction cost estimate at the 50 percent and 100 percent completion stages. Review and comment upon parallel cost estimates prepared by CM at Risk. Prepare Construction Documents in full compliance with applicable building codes, ordinances, and other regulatory authorities. Provide to the AOC, upon written Acceptance by it of the 100 percent complete Construction Documents, completed drawings and specifications on reproducible masters and computer discs containing electronic files, as specified below (Assembly of the Project manual and reproduction of the Construction Documents for distribution to bidders will be provided by the AOC): Drawings - Original full-size drawings plotted on reproducible paper, as determined by the AOC. Each drawing shall bear the stamp and signature of the Contractor and/or subcontractor, and, when required, the approval stamps of the State Fire Marshal and/or DSA Access Compliance Unit. Specifications - Printed copy for all work applicable to the Project; in format complying with the current edition of the Construction Specifications Institute’s “MasterFormat”; as directed by the AOC and in accordance with the following: Division 1 - General Requirements shall be accurateprepared in accordance with the AOC’s requirements; as determined for the Project. Supplemental information shall be provided to complete the Project manual, coordinated AOC-prepared Bidding Requirements, and adequate General Conditions of the Contract for constructionConstruction. Where articles, materials, and equipment are identified by brand names, at least two names shall be used, and such names shall be followed by the words “or equal.” Specifications shall not contain restrictions that will limit competitive bids. Exceptions shall only be as permitted by the AOC. The Construction Documents shall bear the stamp and signature of the Contractor and/or subcontractor, and the approval stamps of the State Fire Marshal and/or DSA Access Compliance Unit. Construction cost estimate - will be prepared in both Uniformat and Construction Specification Institute formats, and shall be in conformity and comply with all applicable lawinclude materials, codeslabor, standardssubcontract costs, and regulationscontractor’s indirect costs, overhead, profit, insurance, taxes, and bonds. Products specified Notify, immediately and in writing, the AOC if it becomes evident, during development of the Construction Documents for use shall be readily available unless specifically authorized the Project, that the construction cost will exceed the Construction Budget established by the City. 2.5.2 The Consultant AOC, and cease and hold in abeyance all work until funding differences, scope, and/or criteria are resolved and such changes as may be required are executed. Cost estimates prepared by the CM at Risk do not replace those required of the Contractor, and do not remove the responsibility from the Contractor to design the project within the approved scope of the budget. Upon successful completion of all activities and the successful provision of all deliverables of the Working Drawings Phase specified above, the AOC, the Architect, and the CM shall, in a written and signed document, designate the names, versions, and revision numbers of the final Construction Documents and Master Schedule for the Construction Phase of the Project. Bidding Phase. Bidding process and procedures will be the responsibility of the AOC. Upon written authorization by the AOC to proceed with the Bidding Phase, Contractor shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same perform the following as Basic Services: Attend pre-bid conference at Project site. Refer all questions concerning intent to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible AOC for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to response while the Project site during normal business hours is being advertised for all prospective biddersbids. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any items requiring interpretation of the documents contained with the bid packages, drawings or any clarifications issued specifications are discovered during the bidding processperiod, said items shall be analyzed by the Contractor for decision by the AOC as to the proper procedure required. Corrective action taken will be in the form of an addendum prepared by the Contractor and issued by the AOC. The Contractor shall prepare all necessary supplemental drawings at no additional cost to the AOC. Refrain from giving any directions, clarifications, corrections, or other modification of the Bidding Documents either verbally or in writing to any person other than the AOC’s Project Manager. The Project Manager will determine whether the information should be placed in an addendum to be distributed to all bidders. Assist in preparing the construction solicitation documents where required by local laws, ordinances, or at the AOC’s request in such form and manner as to enable the AOC to solicit separate bids and award separate contracts for up to a total of _____ (__) different parts of the Project. Assist the CM at Risk in consideration of and preparing the separate packages for bidding. Construction Phase [Optional: (NIC)]. It is understood that overall construction phase management will be the responsibility of the AOC, and its designated representative. Observation for compliance with the Construction Documents shall be the responsibility of the AOC. Upon written authorization from the AOC to proceed with the Construction Phase, Contractor shall perform the following as Basic Services: Attend the preconstruction meeting with the CM at Risk and the successful construction contractor. Provide the geotechnical engineering Services during grading, excavation, paving and foundation construction in order to confirm that field conditions conform to the preliminary investigation, and interpret, and advise the construction contractor on requirements of, the Consultant shall prepare for Construction Documents related to geotechnical engineering and field conditions. Review the CityCM at Risk’s approval written addenda as appropriate to interpretconstruction schedule and schedule of values, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable and provide comments thereon to the CityAOC. Review for conformance with the Contractor’s design intent applicable submittals and shop drawings; recommend approval, changes or disapproval of same; and keep a record of all submittals and shop drawings received from the construction contractor. Interpretation of the drawings and specifications shall be a joint effort of the AOC, or its designated representative, and the Contractor. In the event that the AOC and the Contractor do not agree, the AOC’s interpretation shall prevail. Furnish all necessary additional drawings for supplementing, clarifying and/or correcting material inconsistencies, errors and omissions in the Construction Documents and for any related change orders. Such drawings shall be requested in writing from the Contractor by AOC and shall be reimbursed at no additional cost to the AOC. The original of the drawings and contract wording for change orders shall be submitted to AOC for duplication and distribution. Take an active role in setting the actual costs standards of reproduction quality expected in the Project, anticipating that such standards will be established via periodic observation of the construction work in progress. Make visits to the job site as requested by the AOC to resolve discrepancies in the Construction Documents and to review the progress of the Project. Contractor shall bring to the attention of the AOC, in writing, any defects or deficiencies in the work by the AOC’s CM at Risk that the Contractor should reasonably observe. The Contractor shall have no authority to issue instructions on behalf of the AOC or to authorize another to do so. Any changes or modifications to the construction contract(s) shall be between the AOC and its CM at Risk. Prepare Record Documents. Record Documents shall include drawings and specifications to record significant changes utilizing information provided by the AOC, the CM at Risk, and change orders. Drawings shall be prepared on the original CAD files. Specifications shall show changes and annotate which of the two “or equal” listed items the CM at Risk furnished. These Record Documents shall be delivered to the AOC at completion of construction and shall be a condition precedent to the AOC’s approval of the Contractor’s final payment. Take part in the final observations and preparation of the punch lists. Make visits to the site after completion of construction but prior to the expiration of the warranty period specified in the construction contract to review for evidence of faulty materials and faulty workmanship. This requirement shall include one (1) visit nine (9) months after completion and not more than two (2) additional visits as the AOC may request within twelve (12) months after completion of construction. The AOC shall ensure that one observation is of landscaping or similar seasonal items that may not be completed at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications time as other than as provided in Section 2.5.4work. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon Based on the City’s authorizationapproved Design Development Documents, the Consultant Architect/Engineer shall prepare prepare, for review and written approval by the Design-Builder, Owner, and governmental authorities having jurisdiction over the Work, including such revisions as may be reasonably necessary to secure such approvals, Construction Documents consisting of drawings and specifications setting forth in detail the requirements for construction of the Project. Such When the Architect/Engineer submits the Construction Documents, the Architect/Engineer shall identify in writing any material changes and deviations from the approved Design Development Documents incorporated by the Architect into said documents. Printed and reproducible sets of these Documents shall be project specific provided to the Design-Builder and the Owner as required by the terms of Prime Contract. Following completion of the Construction Documents, the Architect/Engineer shall cooperate with the Design-Builder in updating the schedule. 3.2.3.1 The Architect/Engineer shall review laws, regulations, and codes (collectively referred to hereafter as “Laws and Regulations”) applicable to the Architect/Engineer’s Services and shall exercise usual and customary professional skill and care in its efforts to comply with such Laws and Regulations in effect as of the date of submission of the Construction Documents. However, the Architect/Engineer shall not be accurate, coordinated and adequate for constructionrequired to, and will not, render any decision, interpretation or recommendation regarding questions of a legal nature or which may be construed as constituting a legal opinion. The Architect/Engineer shall be respond in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized the design of the Project to requirements imposed by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all governmental authorities having jurisdiction over the Project. 2.5.4 The Consultant shall . Changes to any Laws and Regulations, or requirements of governmental authorities after the effective date of this Agreement may be responsible the basis for modifications to the preparation Design-Builder’s responsibilities or to the Architect/Engineer’s Services, schedule, and/or compensation. If, during the Architect/Engineer’s review of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specificationsapplicable Laws and Regulations, and other documents upon which requirements imposed by governmental authorities having jurisdiction over the bidding is to be basedProject, the Architect/Engineer identifies any conflict between such Laws and Regulations, and/or such requirements, the Architect/Engineer shall notify the Design-Builder of the nature and impact of such conflict. The Consultant shall make copies of complete bid packages available at its office nearest Design-Builder agrees to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained cooperate and work with the bid packages, or Architect/Engineer in an effort to resolve any clarifications issued during the bidding process, the Consultant shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documentssuch conflict. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.43.2.4 NOT USED. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon the A. Artist, at City’s authorization's option, the Consultant shall prepare Construction Documents consisting of drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies any drawings depicting both the fabrication and installation of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed Artwork as proposed by the City for Design Development Proposal (the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant “Construction Documents”). Artist shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing obtaining any investigations and all information necessary for preparation of the Construction Documents, including without limitation, any field measurements of the proposed site. B. Any and all drawings must be certified by a qualified engineer, licensed by the State of California and must conform to all applicable federal, state and local laws and regulations. The Construction Documents for the Artwork are subject to approval by City's Department of Public Works. The Construction Documents for the Artwork must be designed in accordance with City's standard specifications as described below in subpart E (“City's Standard Specifications”). The Construction Documents and City's Standard Specifications shall collectively be referred to as the “Plans.” Once the Construction Documents are approved, City's Project Manager will notify Artist in writing. C. When seeking approval of the Construction Documents, Artist shall submit the following for City's Department of Public Works: 1. the plans on reproducible sheets measuring 24 inches by 36 inches; and 2. all engineering calculations associated with the submitted Construction Documents; and 3. the specifications for the Artwork including a final budget estimate listing the quantities and unit prices for the fabrication and installation of the Artwork. D. City's approval of the Plans shall not release Artist of the responsibility for the correction of mistakes, errors or reference checks regarding biddersomissions which may be the result of circumstances unforeseen at the time the Plans were developed or approved. E. City's Standard Specifications and Standard Details, nor dated July 1992, are on file with the City's Department of Public Works, Architectural Division. Artist shall it comply with City's Standard Details to the extent such details are applicable to the Artwork. Sections, 1, 7 and the Technical Provisions of the City's Standard Specifications (Section 10 through and including Section 1501) shall be applicable to this Agreement. References in the Standard Specifications to “Contractor” shall be deemed to mean Artist, including without limitation, Artist's subcontractors. To the extent that the City's Standard Specifications conflict with the provisions set forth in this Agreement, this Agreement shall control. F. Artist is responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City all applicable Underwriters Laboratory (UL) approvals as necessary in making such determinationthey may apply. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon the City’s authorization, the Consultant Architect shall prepare Construction Documents consisting for the Project. When the Construction Documents are complete to a level of approximately fifty percent (50%) of the detail required by the Standards, Architect shall submit Preliminary Construction Documents for Owner’s review and comment. After review of the Preliminary Construction Documents under Section 4.8 of the Agreement, Architect submit for Owner’s review complete Construction Documents. The Construction Documents shall include, at a minimum, all the drawings and specifications setting forth required of construction documents by Section 00001 of the Standards. Architect shall prepare all of the specifications for the Project in detail conformance with the Standards. Division 1 of the specifications (General Requirements) shall be based on Owner’s standard form therefor, which shall be modified only to the extent necessary to fit specific requirements for construction of the Project. Such If the Project includes landscape development, the Construction Documents shall include a soils analysis that evaluates the appropriate soils amendments needed for healthy growth of the proposed plant materials. Architect shall prepare and submit with the Construction Documents a detailed final estimate of the Cost of the Work, including separate estimates of the Cost of the Work for bid alternates, and a valuation of the Work to be submitted to the AHJ in connection with its plan review. Architect shall submit to the AHJ all copies of Construction Documents required for its plans review. If review by other agencies is required by the AHJ, Architect shall submit copies of the Construction Documents to those agencies. Architect shall notify Owner of the exact amounts due to the AHJ and other applicable agencies for payment of plans review fees, and Owner shall pay such amounts directly to such agencies. If such agencies require any modifications to or disapprove any features of the Construction Documents, Architect shall advise Owner of such comments, advise Owner regarding alternative design approaches, and revise the Construction Documents to implement the selected approach that complies with AHJ requirements. Delete: If Owner is unable to secure one or more bona fide bids from qualified contractors based on the Bid Documents at a price at which the Construction Cost will not exceed Owner’s approved budget for the Construction Cost, Architect shall revise the Construction Documents prepared by Architect to make changes acceptable to Owner to enable Owner to secure bids from reliable contractors at not more than the budgeted cost; provided, however, that if the difference between the authorized budgeted cost and the Construction Cost, as revealed by the bids, is due to an increase in building costs, as substantiated by indices and data secured from reliable sources, or to other circumstances beyond the control of Architect occurring between the date of Architect's estimate of the Construction Cost under Section 5.5 above and the date when bids are opened, such revision of the Construction Documents shall be project Additional Services. Architect shall participate in Owner’s processes to identify qualified contractors. Architect shall prepare draft Bid Documents, including the Construction Documents and all other documents and forms necessary to constitute a complete set of forms of Contract Documents for the Project. Owner shall supply Architect forms of its standard Contract Documents, which Architect shall modify to the extent necessary to accommodate the specific requirements of the Project. The Bid Documents, including all changes to Owner’s standard contracting forms, shall be submitted to Owner for review and shall be accuratesubject to Owner’s written approval. Owner shall provide Architect the standard forms of contract documents for inclusion in the Bid Documents. Upon receipt of Owner’s written approval of the Bid Documents, coordinated and adequate for construction, and Architect shall be in conformity and comply deposit one (1) set of Bid Documents with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized each of the plan rooms designated by the City. 2.5.2 The Consultant Project Manager. Architect shall review its most recent estimate issue to qualified bidders the number of probable construction costs, copies of the Bid Documents provided in Section 00001 of the Standards. Architect shall make keep a log of each plan room (or electronic plans repository) and contractor receiving copies of the Bid Documents from Architect. Architect shall distribute any appropriate revisions thereto and furnish same addenda to the City. 2.5.3 The Consultant Bid Documents to contractors and plan rooms, provided that Architect shall assist do so only upon the City in preparing and filing all documents necessary to obtain prior written approval by Owner of the approval form of all authorities having jurisdiction over the Project. 2.5.4 The Consultant each addendum. Architect shall be responsible for the preparation of attend a pre-bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available meeting at its office nearest to the Project site during normal business hours for all prospective biddersqualified contractors to inspect the site and raise questions. The Consultant Architect shall be reimbursed by the City for the actual cost keep minutes of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting. If requested by Owner, which will Architect shall present to contractors features of the Project design which, in Architect’s or Owner’s judgment, may be held at a location as specified by the City. 2.5.7 The Consultant of particular interest. Architect shall distribute copies of addenda to each recipient of Bid Documents. Architect shall use reasonable efforts to encourage parties receiving Bid Documents to pick them up in lieu of shipping documents. Electronic distribution of Bid Documents is encouraged, provided that such distribution shall be available as necessary to assist the City logged in the evaluation same manner as physical distribution. Architect shall review requests for approval of all bids received substitutions and confer with Owner regarding such requests. If Owner approves a substitution in writing, Architect shall issue an addendum to the Bid Documents reflecting such approval. (No addenda need be issued to document the rejection of proposed substitutions.) Architect shall prepare addenda to the Bid Documents to make clarifications requested by qualified contractors or changes approved by Owner. Architect shall direct contractors to look to addenda to the Bid Documents for determination of compliance with interpretations, clarifications and changes relating to the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment Bid Documents and shall advise contractors that they may not rely on telephone conversations about the City with respect Bid Documents in making bidding decisions. If Owner distributes Bid Documents, Owner shall be responsible to samekeep a log of parties receiving the Bid Documents from Owner. If Owner conducts a bidding process, Architect shall attend bid opening and assist Owner in determining the validity of bids submitted. If Owner conducts a proposal process, Architect shall attend and participate in presentations made to Owner by prospective contractors, ask appropriate questions of such contractors, and assist and advise Owner in the review and ranking of proposals. Delete: Architect shall furnish wet-stamped sets of Construction Documents for inclusion in the final Contract Documents as required by Section 00001 of the Standards.

Construction Documents. 2.5.1 Upon receipt of a Notice to Proceed from the City’s authorizationDirector for Phase 3 of the project, the Consultant Designer shall meet as necessary with agents of the OFFICE and in accordance with the Scope of Services mentioned in Phase 1 shall prepare Construction Documents consisting and submit to the Director on or before the date of drawings time specified in the Notice to Proceed or any other supplement thereto, complete working plans and specifications setting forth in sufficient detail the requirements to permit firm bids in open competition for construction of the project, and a detailed cost estimate. Said plans and specifications shall be based on the design development, outline specifications and construction cost estimate approved in Phase 2 of the Project, the Notice to Proceed with Phase 3, or any subsequent modification thereto. The detailed estimate of the cost of the Project shall include quantities of all materials and unit prices of labor and materials as well as a cost estimate for each item of work. Such working plans and specifications and cost estimates shall be subject to the written approval of the Director. The Designer shall furnish to the Director for approval six (6) sets of the said plans, specifications and construction cost estimates. From the approved working plans and specifications, with changes incorporated as so endorsed, the Designer shall prepare and transmit to the Director a set of reproducible plans on cloth or mylar, (4 mil.) and original specifications on high quality white bond paper properly packaged, suitable for blueprinting, (other suitable methods are subject to the prior approval of the Director), which shall become the property of the Town. One (1) set of prints, blue or blackline, and specifications shall be submitted with the reproducibles. The OFFICE will prepare the contract documents, including advertisements, for receipt of proposals from construction contractors, and execution of a construction contract or contracts unless such preparation is part of the Scope of Services mentioned in Phase 1. If requested by the OFFICE the Designer shall prepare all addenda. The Designer shall conduct a qualification review of the low bidder and shall transmit its recommendation as to the award of the construction contract to the OFFICE. If within six months after approval of Construction Documents shall be project specific in final form the bids of the lowest responsible and shall be accurateeligible bidders exceed the fixed limit construction cost, coordinated and adequate for constructionthe Designer shall, and shall be if so instructed in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized writing by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costsDirector, shall make any appropriate revisions thereto provide such revised working plans and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which construction cost estimates as the bidding is to be based. The Consultant Director shall require for the purpose of bringing the cost within the fixed limit construction cost; provided the Designer may in connection with such revision make copies reasonable adjustments in the scope of complete bid packages available at its office nearest the Project subject to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction written approval of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City’s Director which approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible unreasonably withheld. The Designer shall not be paid additional compensation for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determinationservices. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon The Construction Documents Phase shall commence with the CityOwner’s authorizationand Agency’s approval of the Design Development and shall be complete with the Owner’s and Agency’s approval of the Construction Documents. For applicable disciplines, the Consultant shall prepare Construction Documents consisting Phase effort shall meet the “Construction Documents” section of the Owner’s “Performance and Document Submission Requirements” document posted under the A/E Services area of the Owner’s web site at ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/. The Architect/Engineer shall: based on the approved Design Development Documents and any further adjustments authorized by the Owner in the program, scope, quality, schedule, or construction budget, the Architect/Engineer, utilizing data and estimates prepared by the Construction Manager, shall prepare, for approval by the Owner, Construction Documents in accordance with this Agreement; shall base the Construction Documents upon any reconciled items in which shall establish and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements for the Owner’s and CM/GC’s review, comment, input, and analysis; as requested by the Owner or CM/GC, provide drawings and other documents which depict the current status of design development for the Owner's review and the CM/GC's information and use; in the further revisions and development of the drawings and specifications during this phase of design, the Architect/Engineer shall be entitled to assume the accuracy of the estimates of Construction Cost which are to be provided by the CM/GC under the CM/GC's pre-construction services agreement with the Owner but shall provide independent cost analysis of the CM/GC’s estimates; should discrepancies arise between the CM/GC’s and the Architect/Engineer’s estimates, systems, data, materials equipment, etc., the Architect/Engineer shall coordinate and perform resolution of the discrepancies prior to the Owner’s approval of the Construction Documents; upon completion of the Construction Document Phase, the Architect/Engineer shall provide drawings, detailed specifications and other documents setting forth in detail the requirements for the construction of the Project. Such Construction Documents shall be project specific Project in accordance with this Agreement for the Owner's approval and shall be accuratethe CM/GC's information, coordinated and adequate for constructionuse, estimating, permitting, bidding, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant construction; shall assist the City Owner and CM/GC in preparing the preparation of the necessary bidding information, bidding documents, the Conditions of the Contracts, and review of the forms of Agreement between the Owner and CM/GC for construction services; and, shall assist the Owner and CM/GC in filing all documents necessary to obtain required for the approval of all governmental authorities having jurisdiction over the Project. The Architect/Engineer shall provide [number] set of Construction Documents including the Estimate of Construction for review and approval to the Agency, [number] sets to the GC/CM, [number] set to the Owner’s Commissioning Entity, and two (2) sets to the Owner. For applicable disciplines, the Bidding/Negotiation Services effort shall meet the “Bidding” section of the Owner’s “Performance and Document Submission Requirements” document posted under the A/E Services area of the Owner’s web site at ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇. 2.5.4 ▇▇.▇▇▇/. The Consultant Architect/Engineer shall: after the Owner's approval of the Construction Documents, the Architect/Engineer’s final estimate of construction cost, the CM/GC's final estimate of construction cost, and resolution of any discrepancies between the final estimates, shall be responsible assist the CM/GC in obtaining bids or negotiated proposals and costs in order to arrive at a guaranteed maximum price on which the Owner and CM/GC an agree and subsequently issue an addendum to the CM/GC agreement for construction services; should discrepancies arise between the preparation CM/GC’s and the Architect/Engineer’s estimates, systems, data, materials equipment, etc., the Architect/Engineer shall coordinate and perform resolution of the discrepancies prior to the Owner’s approval to proceed with the Bidding/ Negotiation phase; shall assist the CM/GC in issuing bidding documents to subcontractor bidders and conducting pre-bid packages conferences with prospective subcontractor bidders; and, shall with the assistance of the CM/GC, respond to be made available for distribution to all prospective questions from bidders. Such packages , and shall include copies of all relevant plansissue addenda, specificationsclarifications, and other documents upon which the bidding is to be basedinformation as needed. The Consultant Architect/Engineer shall make copies provide [number] set(s) of final, complete bid packages available at its office nearest Construction Documents to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant Agency, [number] sets to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments GC/CM, [number] set to the bid packagesOwner’s Commissioning Entity, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable and one (1) set to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4Owner. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon the City’s authorization, the Consultant shall prepare Construction Documents consisting of drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all applicable documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement6.2. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documentsBidding Documents. The Consultant shall make such documents available to the City who shall distribute the addenda to all prospective bidders in a manner acceptable to the Citybidders, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon Prior to the City’s authorizationcommencement of construction and installation of the Tenant Improvements, Tenant shall submit to Landlord, for Landlord's approval, the Consultant following (collectively, the "Construction Documents"): (a) the name of the proposed general contractor and a copy of the proposed construction contract for the Tenant Improvements, which shall prepare Construction Documents consisting be consistent with the terms hereof, (b) a written assignment of drawings such construction contract containing the written consent of Tenant's general contractor to such assignment provided that Landlord assumes in writing all obligations of Tenant under said contract, (c) a copy of the architect's contract for the Tenant Improvements, which shall be consistent with the terms hereof, (d) a written assignment of such architect's contract containing the written consent of Tenant's architect to such assignment provided that Landlord assumes in writing all obligations of Tenant under said contract, and specifications setting forth (e) a list of all subcontractors and materials suppliers proposed to be used by Tenant in detail connection with the requirements for construction of the ProjectTenant Improvements. Such Within five (5) business days following the delivery of all of the Construction Documents Documents, Landlord shall approve such information or deliver to Tenant written notice of Landlord's disapproval of all or any information contained therein, provided Landlord shall not have approval rights over Tenant's architect's contract or the general contractor's contract. If Landlord disapproves the general contractor, any subcontractor or materials supplier, the parties shall negotiate in good faith to select another contractor, subcontractor or materials supplier mutually acceptable to the parties. Landlord shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review entitled to withhold its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plansgeneral contractor, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packagessubcontractor, or any clarifications issued during materials supplier, who, in Landlord's determination, is financially or otherwise professionally unqualified to construct the bidding processTenant Improvements. In addition, Landlord may condition its approval of a general contractor upon Tenant obtaining a performance bond and labor and materials payment bond, each in an amount equal to one hundred percent (100%) of the Consultant shall prepare for estimated cost of the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders Tenant Improvements and in a manner form acceptable to Landlord, in the Cityevent Landlord reasonably determines that such bonds are necessary to ensure lien-free completion of the Tenant Improvements. Landlord's failure to disapprove a contractor, and subcontractor or materials supplier shall be reimbursed for not constitute Landlord's warranty that any contractor, subcontractor or supplier not so disapproved is in fact qualified. Following approval by Landlord, Tenant shall not materially amend or consent to the actual costs material amendment of reproduction at the construction contract or the bonds, if the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4are required, without Landlord's prior written approval. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon the A. Artist, at City’s authorization's option, the Consultant shall prepare Construction Documents consisting of drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies any drawings depicting both the fabrication and installation of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed Artwork as proposed by the City for Design Development Proposal (the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant “Construction Documents”). Artist shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing obtaining any investigations and all information necessary for preparation of the Construction Documents, including without limitation, any field measurements of the proposed site. B. Any and all drawings must be certified by a qualified engineer, licensed by the State of California and must conform to all applicable federal, state and local laws and regulations. The Construction Documents for the Artwork are subject to approval by City's Department of Public Works. The Construction Documents for the Artwork must be designed in accordance with City's standard specifications as described below in subpart E (“City's Standard Specifications”). The Construction Documents and City's Standard Specifications shall collectively be NVF:AFS:AHT 8/9/2022 Des/Fab/Inst Agreement A-6 referred to as the “Plans.” Once the Construction Documents are approved, City's Program Officer will notify Artist in writing. C. When seeking approval of the Construction Documents, Artist shall submit the following for City's Department of Public Works: 1. the plans on reproducible sheets measuring 24 inches by 36 inches or reference checks regarding biddersin one or more electronic formats, nor approved in advance by City, which may be reproduced on sheets measuring 24 inches by 36 inches; and 2. all engineering calculations associated with the submitted Construction Documents; and 3. the specifications for the Artwork including a final budget estimate listing the quantities and unit prices for the fabrication and installation of the Artwork. D. City's approval of the Plans shall it not release Artist of the responsibility for the correction of mistakes, errors or omissions which may be the result of circumstances unforeseen at the time the Plans were developed or approved. E. City's Standard Specifications and Standard Details, dated July 1992, are on file with the City's Department of Public Works, Architectural Division. Artist shall comply with City's Standard Details to the extent such details are applicable to the Artwork. Sections, 1, 7 and the Technical Provisions of the City's Standard Specifications (Section 10 through and including Section 1501) shall be applicable to this Agreement. References in the Standard Specifications to “Contractor” shall be deemed to mean Artist, including without limitation, Artist's subcontractors. To the extent that the City's Standard Specifications conflict with the provisions set forth in this Agreement, this Agreement shall control. F. Artist is responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City all applicable Underwriters Laboratory (UL) approvals as necessary in making such determinationthey may apply. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon Tenant shall provide to Landlord for Landlord’s approval a draft set of complete construction plans, specifications and documents (the City’s authorization, “Draft Tenant Construction Documents”) ready for permitting for the Consultant shall prepare Construction Documents consisting of drawings and specifications setting forth in detail the requirements for construction of the ProjectTenant’s Work. Such The Draft Tenant Construction Documents shall clearly indicate the location of all access points for the Leased Property, all utilities to be project specific brought onto the Leased Property (including, without limitation, the location and dimensions of any easements proposed therefor), the size and location of all buildings to be constructed or located upon the Leased Property and all interior plans for such buildings and improvements, including partitions, fixtures, electrical components, mechanical components, and restroom(s) required for the finish of the Premises. Landlord shall have 30 days to respond to the Draft Tenant Construction Documents and either approve such documents or provide requested revisions thereto. If applicable, Tenant shall thereafter have 10 days to revise such Draft Tenant Construction Documents based on Landlord’s requested revisions. Upon Landlord and Tenant’s agreement on the Draft Tenant Construction Documents, Tenant shall submit to Landlord four (4) sets of complete construction plans, specification and documents (the “Tenant Construction Documents”) ready for permitting for the finish of the Premises. Prior to Tenant seeking construction permits for Tenant’s Work and/or construction, Tenant shall provide written notice thereof to Landlord and Landlord will provide Tenant with a letter releasing Tenant to permitting or initiation of construction, as the case may be. All permits for Tenant’s Work will be obtained by Tenant and its sole cost and expense. Notwithstanding the foregoing or anything to the contrary set forth in this Work Letter or the Lease, any easement which may be necessary or desirable for the performance of Tenant’s Work or the operation of the Premises may only be granted by Landlord, which easements shall be accurateupon such terms and conditions, coordinated benefit such third parties and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the Citysuch locations as Landlord may determine in its sole but reasonable discretion. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon the City’s authorization, the Consultant Architect shall prepare Construction Documents consisting for the Project. When the Construction Documents are complete to a level of approximately fifty percent (50%) of the detail required by the Standards, Architect shall submit Preliminary Construction Documents for Owner’s review and comment. After review of the Preliminary Construction Documents under Section 4.8 of the Agreement, Architect submit for Owner’s review complete Construction Documents. The Construction Documents shall include, at a minimum, all the drawings and specifications setting forth required of construction documents by Section 00001 of the Standards. Architect shall prepare all of the specifications for the Project in detail conformance with the Standards. Division 1 of the specifications (General Requirements) shall be based on Owner’s standard form therefor, which shall be modified only to the extent necessary to fit specific requirements for construction of the Project. Such If the Project includes landscape development, the Construction Documents shall include a soils analysis that evaluates the appropriate soils amendments needed for healthy growth of the proposed plant materials. Architect shall prepare and submit with the Construction Documents a detailed final estimate of the Cost of the Work, including separate estimates of the Cost of the Work for bid alternates, and a valuation of the Work to be submitted to the AHJ in connection with its plan review. Architect shall submit to the AHJ all copies of Construction Documents required for its plans review. If review by other agencies is required by the AHJ, Architect shall submit copies of the Construction Documents to those agencies. Architect shall notify Owner of the exact amounts due to the AHJ and other applicable agencies for payment of plans review fees, and Owner shall pay such amounts directly to such agencies. If such agencies require any modifications to or disapprove any features of the Construction Documents, Architect shall advise Owner of such comments, advise Owner regarding alternative design approaches, and revise the Construction Documents to implement the selected approach that complies with AHJ requirements. If Owner is unable to secure one or more bona fide bids from qualified contractors based on the Bid Documents at a price at which the Construction Cost will not exceed Owner’s approved budget for the Construction Cost, Architect shall revise the Construction Documents prepared by Architect to make changes acceptable to Owner to enable Owner to secure bids from reliable contractors at not more than the budgeted cost; provided, however, that if the difference between the authorized budgeted cost and the Construction Cost, as revealed by the bids, is due to an increase in building costs, as substantiated by indices and data secured from reliable sources, or to other circumstances beyond the control of Architect occurring between the date of Architect's estimate of the Construction Cost under Section 5.5 above and the date when bids are opened, such revision of the Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulationsAdditional Services. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.Delete:

Construction Documents. 2.5.1 Upon the City’s CITY’S authorization, the Consultant CONSULTANT shall prepare Construction Documents consisting of drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the CityCITY. 2.5.2 The Consultant CONSULTANT shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the CityCITY. 2.5.3 The Consultant CONSULTANT shall assist the City CITY in preparing and filing all applicable documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant CONSULTANT shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant CONSULTANT shall make copies of complete bid packages available at its office nearest to the Project project site during normal business hours for all prospective bidders. The Consultant CONSULTANT shall be reimbursed by the City CITY for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement6.2. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant CONSULTANT shall prepare for the City’s CITY’S approval written addenda as appropriate to interpret, clarify or expand the bidding documentsBidding Documents. The Consultant CONSULTANT shall make such documents available to all prospective bidders in a manner acceptable to the CityCITY, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant CONSULTANT shall coordinate with the City CITY during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant CONSULTANT shall attend the pre-bid meeting, which will be held at a location as specified by the CityCITY. 2.5.7 The Consultant CONSULTANT shall be available as necessary to assist the City CITY in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant CONSULTANT shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant CONSULTANT shall assist the City CITY as necessary in making such determination. 2.5.8 The Consultant CONSULTANT will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City CITY with respect to same.

Construction Documents. 2.5.1 Upon From the approved Design Development Documents, Consultant shall prepare for written approval by City’s authorization, Final Construction Documents setting forth all design drawings and specifications needed to comprise a fully biddable, permittable, constructible Project. Consultant shall produce 30%, 60%, 90% and Final Construction Documents for review and approval by City, which shall include the following: A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not included in the 30%, 60%, 90% and Final review shall be noted. Consultant shall attach an index of all anticipated drawing sheets necessary to fully define the Project. The updated Project Development Schedule to include an outline of major construction milestone activities and the recommended construction duration period in calendar days. An updated Statement of Probable Construction Cost in CSI format. Consultant may also be authorized to include in the Construction Documents approved additive and/or deductive alternate bid items, to permit City to award a Construction Contract within the limit of the budgeted amount. A Project Specifications Index and Project Manual with at least 30%, 60%, 90% and Final of the Specifications completed. Documents submittal shall also include all sections of Divisions “0” and “1.” Perform an internal review and check the structural design and the structural Contract Documents including the interrelationship of the Primary Structural System with the designs prepared by other design disciplines. The prime design professional is responsible for overall coordination of the various engineering disciplines. Assist, if required, in obtaining approval by appropriate review agencies. Assist, if required, with manufacturer or supplier recommendations. Consultant shall include, and will be paid for, City-requested alternates outside of the established Project scope or that are not constructed due to a lack of funds. No fee will be paid by City in connection with alternates required by the failure of Consultant to design the Project within the Fixed Limit of Construction Cost. Consultant shall not proceed with further construction document development until approval of the 30% documents is received in writing from City. Approval by City shall be for progress only and does not relieve Consultant of its responsibilities and liabilities relative to code compliance and to other covenants contained in this Agreement. Consultant shall resolve all questions indicated on the documents and make all changes to the documents necessary in response to the review commentary. The 30% documents review (check) set shall be returned to City upon submission of 60% complete Construction Documents and Consultant shall provide an appropriate response to all review comments noted on these previously submitted documents. Of the seven (7) copies to be provided, the Consultant shall prepare Construction Documents consisting submit to the City four (4) full size copies of the drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreementone digital copy in .pdf format. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon A. If additional drawings are required for the City’s authorization, the Consultant shall prepare Construction Documents consisting of drawings and specifications setting forth in detail the requirements for construction fabrication or installation of the Project. Such Artwork (“Construction Documents shall be project specific and shall be accurateDocuments”), coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant Artist shall be responsible for the producing them to VTA and City. Artist shall be responsible for obtaining and verifying any and all information necessary for preparation of bid packages to the Construction Documents, including without limitation, any field measurements of the proposed site. B. To the extent required by law, drawings must be made available for distribution certified by a qualified engineer, licensed by the State of California and must conform to all prospective bidders. Such packages shall include copies of all relevant plansapplicable federal, specifications, state and other documents upon which the bidding is to be basedlocal laws and regulations. The Consultant shall make copies of complete bid packages available at its office nearest Construction Documents for the Artwork are subject to approval by VTA. The Construction Documents for the Artwork must be designed in accordance with City's standard specifications as described below in subpart E (“City's Standard Specifications”) to the Project site during normal business hours for all prospective biddersextent they apply. The Consultant Construction Documents and City's Standard Specifications shall collectively be reimbursed by referred to as the “Plans.” Once the Construction Documents are approved, City will notify Artist in writing. C. When seeking approval of the Construction Documents, Artist shall submit the following to City for VTA's review: 1. the actual cost of reproduction plans on reproducible sheets; and 2. all engineering calculations associated with the submitted Construction Documents; and 3. the specifications for the Artwork including a final budget estimate listing the quantities and unit prices for the fabrication and installation of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this AgreementArtwork. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the D. VTA's and/or City’s approval written addenda as appropriate to interpretof the Plans shall not release Artist of the responsibility for the correction of mistakes, clarify errors or expand omissions which may be the bidding documentsresult of circumstances unforeseen at the time the Plans were developed or approved. E. City's Standard Specifications and Standard Details, dated July 1992, are on file with the City's Department of Public Works, Architectural Division. The Consultant Artist shall make such documents available to all prospective bidders in a manner acceptable comply with City's Standard Details to the extent such details are applicable to the Artwork. Sections, 1, 7 and the Technical Provisions of the City, 's Standard Specifications (Section 10 through and including Section 1501) shall be reimbursed for applicable to this Agreement. References in the actual costs of reproduction at the same rate specified in Section 2.5.4. There Standard Specifications to “Contractor” shall be no additional charges for amendments or clarifications other than as provided deemed to mean Artist, including without limitation, Artist's subcontractors. To the extent that the City's Standard Specifications conflict with the provisions set forth in Section 2.5.4this Agreement, this Agreement shall control. 2.5.6 The Consultant F. Artist is responsible for all applicable Underwriters Laboratory (UL) approvals as they may apply. G. Artist shall coordinate with provide a Fabrication, Transportation and Installation Plan detailing designated scope of work for unique fabrication that will remain the City during the bidding process responsibility of Artist and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which scope that will be held at accomplished under VTA’s construction contract. VTA shall have the right to request a location as specified review of the proposed installation methods by the CityVTA’s contractor for construction to verify constructability. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon the City’s authorization, the Consultant 5.1 Architect shall prepare Construction Documents consisting for the Project. When the Construction Documents are complete to a level of approximately fifty percent (50%) of the detail required by the Standards, Architect shall submit Preliminary Construction Documents for Owner’s review and comment. 5.2 After review of the Preliminary Construction Documents under Section 4.8 of the Agreement, Architect submit for Owner’s review complete Construction Documents. 5.3 The Construction Documents shall include, at a minimum, all the drawings and specifications setting forth required of construction documents by Section 00001 of the Standards. Architect shall prepare all of the specifications for the Project in detail conformance with the Standards. Division 1 of the specifications (General Requirements) shall be based on Owner’s standard form therefor, which shall be modified only to the extent necessary to fit specific requirements for construction of the Project. 5.4 If the Project includes landscape development, the Construction Documents shall include a soils analysis that evaluates the appropriate soils amendments needed for healthy growth of the proposed plant materials.‌‌‌ 5.5 Architect shall prepare and submit with the Construction Documents a detailed final estimate of the Cost of the Work, including separate estimates of the Cost of the Work for bid alternates, and a valuation of the Work to be submitted to the AHJ in connection with its plan review. 5.6 Architect shall submit to the AHJ all copies of Construction Documents required for its plans review. Such If review by other agencies is required by the AHJ, Architect shall submit copies of the Construction Documents to those agencies. Architect shall notify Owner of the exact amounts due to the AHJ and other applicable agencies for payment of plans review fees, and Owner shall pay such amounts directly to such agencies. If such agencies require any modifications to or disapprove any features of the Construction Documents, Architect shall advise Owner of such comments, advise Owner regarding alternative design approaches, and revise the Construction Documents to implement the selected approach that complies with AHJ requirements. 5.7 If Owner is unable to secure one or more bona fide bids from qualified contractors based on the Bid Documents at a price at which the Construction Cost will not exceed Owner’s approved budget for the Construction Cost, Architect shall revise the Construction Documents prepared by Architect to make changes acceptable to Owner to enable Owner to secure bids from reliable contractors at not more than the budgeted cost; provided, however, that if the difference between the authorized budgeted cost and the Construction Cost, as revealed by the bids, is due to an increase in building costs, as substantiated by indices and data secured from reliable sources, or to other circumstances beyond the control of Architect occurring between the date of Architect's estimate of the Construction Cost under Section 5.5 above and the date when bids are opened, such revision of the Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulationsAdditional Services. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.Delete:

Construction Documents. 2.5.1 1.5.1 Upon the CityOwner’s authorization, the Consultant shall prepare Construction Documents consisting of drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the CityOwner. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 1.5.2 The Consultant shall assist the City Owner in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 1.5.3 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City Owner for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement5.4. 2.5.5 1.5.4 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a the same manner acceptable to as the Cityoriginal bid packages, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. Section 1.5.4.1 There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.41.5.4. 2.5.6 1.5.5 The Consultant shall coordinate with the City Owner during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend and direct the pre-bid meeting, which will be held at a location as specified by the CityOwner. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. 1.5.6 The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon A preliminary space plan for the City’s authorization---------------------- Improvements (the "Space Plan") dated September 20, 1995 and attached hereto as Exhibit C, has previously been prepared by ▇.▇. ▇▇▇▇ & Associates (the "Architect") and delivered to Tenant. By January 15, 1995, Tenant shall furnish to the Architect such information as may be necessary to finalize the Space Plan. Landlord shall cause the Architect to prepare and deliver the final Space Plan to Tenant within three (3) business days after the Architect has received all information from Tenant necessary for the preparation of the Space Plan. Tenant shall review and respond to the final Space Plan within three (3) business days after receipt thereof, specifying any changes or modifications Tenant desires in the Space Plan. If necessary, the Consultant Architect will then revise and resubmit the revised final Space Plan to Tenant for its approval within two (2) business days after receiving Tenant's comments. Tenant shall prepare Construction Documents consisting review and approve any such revised final Space Plan within two (2) business days of drawings receipt thereof. After the Space Plan is finalized, Landlord shall cause to be prepared and submitted to Tenant a preliminary cost estimate and detailed plans and specifications setting forth in detail sufficient to permit the requirements for construction of the ProjectImprovements ("Construction Documents"). Such Tenant shall review and respond to the Construction Documents shall be project specific within five (5) business days after receipt thereof, specifying any changes or modifications Tenant desires in the Construction Documents. If necessary, the Architect will then revise and shall be accurate, coordinated and adequate resubmit the Construction Documents to Tenant for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulationsits approval. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant Tenant shall review and approve any such revised Construction Documents within three (3) business days of receipt thereof. If necessary, Landlord will provide Tenant with a revised cost estimate. Tenant shall approve or disapprove the same within three (3) business days after receipt. The revised Construction Documents and cost estimate, as approved by Tenant, are hereinafter referred to as the "Final Construction Documents" and "Final Cost Estimate" (respectively). If Tenant fails to furnish information and give its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the written approval of all authorities having jurisdiction over any of the Project. 2.5.4 The Consultant foregoing items within the time periods provided above, Tenant shall be responsible for the preparation of bid packages all additional costs and delays arising from its failure to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plansso timely approve or disapprove such items, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4below. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon The work shall be performed by Consultant, in conjunction with subconsultants MGAC, KPFF, Englekirk Institutional, NOVUS, Darkhorse Lightworks, KSA, and Technical Resources Consultants. 1. Based on approved Design Development Documents and the City’s authorizationapproved updated project Construction Budget, the Consultant shall prepare prepare, for approval by City, Construction Documents consisting of drawings and specifications other documents setting forth in detail the requirements for construction of the Project. Such The Consultant shall prepare complete drawings and specifications as are necessary for developing complete bids and for properly executing the Project work. Drawings and specifications shall set forth in detail all of the following: 1) the Project construction work to be done; 2) the materials, workmanship, finishes, and equipment required for the Project; and 3) the utility service connection equipment and site work. 2. Consultant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) which will include Best Management Practices (BMP’s) that outline standard practices that can be implemented to decrease the discharge of pollutants into storm drains during construction operation on the site. 3. Consultant shall submit a written Estimated Project Construction Cost for the project based on the Construction Document Phase Documents at 90% completion. Construction Document Phase Documents shall be project specific consistent with the Project Construction Budget and if not in conformance shall be accurate, coordinated and adequate for construction, and shall be revised until approved in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized writing by the City. 2.5.2 4. All cost estimates will be reconciled with an City/Project Management Cost Estimate developed by an independent third-party cost estimator. The Consultant City shall review prepare at City’s discretion and at its most recent own expense the independent third-party estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies attend one (1) cost reconciliation meeting at each Construction Document milestone with the City’s third-party cost estimator for the purpose of complete bid packages available at its office nearest reconciling the 90% Construction Document Estimated Project Construction Cost. 5. The City’s Contract Officer and the Consultant shall meet to review the provisional 100% Construction Documents and Cost Estimate to reach agreement on any City-authorized adjustment to the approved Project site during normal business hours for all prospective biddersschedule or construction budget and identify any necessary clarifications of the provisional Construction Documents and Cost Estimates. 6. The parties agree that the Consultant, and not the City, possess the requisite expertise to determine the constructability of the Construction Documents. However, the City reserves the right to conduct one or more constructability review processes with the Construction Documents, and to hire an independent architect or other consultant to perform such reviews. Any such independent constructability reviews shall be at the City’s expense. 7. Consultant shall be reimbursed by make all City-requested changes, additions, deletions, and corrections in the City for Construction Documents which may result from any constructability review, at no additional cost to the actual cost of reproduction City, so long as they are not in conflict with the requirements of the documents contained within the bid package as a reimbursable item public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or with Consultant’s professional judgment. If such changes are inconsistent with prior City direction, Consultant shall make such alterations and be compensated therefore pursuant to the terms of Section 6.2 Additional Services provision of this Agreement. 2.5.5 In 8. Unless the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding processCity agrees otherwise in writing, the Consultant shall prepare for revise provisional Construction Documents and Cost Estimates to reflect adjustments and clarifications agreed upon in the review meeting and resubmit Construction Documents and Cost Estimates to the City’s approval written addenda as appropriate to interpret. Once approved, clarify or expand the bidding documentsrevised Construction Documents shall become the final 100% Construction Documents. 9. The Consultant shall make provide two (2) sets full size (30” x 42”) and half size (15” x 21”) hard copies at 50% Construction Documents for City review and input. Changes directed by City which are inconsistent with prior City direction shall be made by the Consultant and compensated as Additional Services. The scope of and compensation for such changes shall be mutually agreed upon by the Consultant and City before such changes are initiated. 10. Revise the 50% Construction Documents and submit another two (2) set of documents available to all prospective bidders in a manner acceptable at 90% Construction Documents for City review and input. Changes directed by City which are inconsistent with prior City direction shall be made by the Consultant and compensated as Additional Services. The scope of and compensation for such changes shall be mutually agreed upon by the Consultant and City before such changes are initiated. 11. Consultant shall submit two (2) sets of 90% Construction Documents for submittal to the City, Building and shall be reimbursed Safety Department for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4review and approval. 2.5.6 The Consultant shall coordinate with 12. Complete corrections on the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location 100% Construction Documents as specified required by the Cityvarious City departments to obtain final approval of the Construction Documents for bidding purposes. 2.5.7 The Consultant shall be available as necessary 13. Provide a final Cost Estimate and Project Schedule to assist confirm the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid project is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determinationon target. 2.5.8 The Consultant will investigate, study, 14. Submit two (2) sets of approved 100% Construction Documents and analyze any proposed substitutions of materials or equipment Specifications for City’s records and shall advise the City electronic copies on a CD along with respect to samea flash drive.

Construction Documents. 2.5.1 Upon the A. Artist, at City’s authorization's option, the Consultant shall prepare Construction Documents consisting of drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies any drawings depicting both the fabrication and installation of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed Artwork as proposed by the City for Design Development Proposal (the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant “Construction Documents”). Artist shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing obtaining any investigations and all information necessary for preparation of the Construction Documents, including without limitation, any field measurements of the proposed site. B. Any and all drawings must be certified by a qualified engineer, licensed by the State of California and must conform to all applicable federal, state and local laws and regulations. The Construction Documents for the Artwork are subject to approval by City's Department of Public Works. The Construction Documents for the Artwork must be designed in accordance with City's standard specifications as described below in subpart E (“City's Standard Specifications”). The Construction Documents and City's Standard Specifications shall collectively be referred to as the “Plans.” Once the Construction Documents are approved, City's Program Officer will notify Artist in writing. C. When seeking approval of the Construction Documents, Artist shall submit the following for City's Department of Public Works: 1. the plans on reproducible sheets measuring 24 inches by 36 inches; and 2. all engineering calculations associated with the submitted Construction Documents; and 3. the specifications for the Artwork including a final budget estimate listing the quantities and unit prices for the fabrication and installation of the Artwork. D. City's approval of the Plans shall not release Artist of the responsibility for the correction of mistakes, errors or reference checks regarding biddersomissions which may be the result of circumstances unforeseen at the time the Plans were developed or approved. E. City's Standard Specifications and Standard Details, nor both dated July 1992 (and any amendments thereto), are on file with the City's Department of Public Works, Architectural Division. Artist shall it comply with City's Standard Details to the extent such details are applicable to the Artwork. Sections, 1, 7 and the Technical Provisions of the City's Standard Specifications (Section 10 through and including Section 1501) shall be applicable to this Agreement. References in the Standard Specifications to “Contractor” shall be deemed to mean Artist, including without limitation, Artist's subcontractors. To the extent that the City's Standard Specifications conflict with the provisions set forth in this Agreement, this Agreement shall control. F. Artist is responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City all applicable Underwriters Laboratory (UL) approvals as necessary in making such determinationthey may apply. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon 2.3.3.1 Based on the design development documents and any adjustments to that design, the proposed schedule, or Project budget authorized by the City’s authorization, the Consultant shall prepare Construction Documents construction documents consisting of drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 2.3.3.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The 2.3.3.3 When the construction documents are approximately 90% complete, the Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 2.3.3.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective biddersbidders via the City’s electronic procurement system. Such packages shall include electronic copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. All electronic documents shall be provided in an Americans with Disabilities Act (ADA) compliant format (except for plans, only the descriptive list will be provided in this format). The City reserves the right to elect paper copies if deemed necessary and, if elected, the Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 5.2 of this Agreement. 2.5.5 2.3.3.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.42.3. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon Prior to the City’s authorizationcommencement of construction and installation of the Tenant Improvements, Tenant shall submit to Landlord, for Landlord's approval, the Consultant following (collectively, the "Construction Documents"): (a) the name of the proposed general contractor and a copy of the proposed construction contract for the Tenant Improvements, which shall prepare Construction Documents consisting be consistent with the terms hereof, (b) a written assignment of drawings such construction contract, creating in favor of Landlord a prior perfected security interest in all of Tenant's rights thereunder and specifications setting forth containing the written consent of Tenant's general contractor to such assignment, (c) a copy of the ar▇▇▇▇▇▇t's contract for the Tenant Improvements, which shall be consistent with the terms hereof, (d) a written assignment of such architect's contract, creating in detail favor of Landlord a prior perfected security interest in all of Tenant's rights under said architect's contract and containing the requirements for written consent of Tenant's architect to such assignment, and (e) a list of all subcontractors and materials suppliers proposed to be used by Tenant in connection with the construction of the ProjectTenant Improvements. Such Within five (5) business days following the delivery of all of the Construction Documents Documents, Landlord shall approve such information or deliver to Tenant written notice of Landlord's disapproval of all or any information contained therein. If Landlord disapproves the proposed construction contract or the proposed architect's contract for the Tenant Improvements, Landlord's notice shall specify all changes that must be made to the ▇▇▇▇▇▇▇d architect's and/or contractor's agreements as a condition of Landlord's approval thereof. Within five (5) business days following receipt of Landlord's notice of disapproval, Tenant shall deliver to Landlord revised copies of the proposed architect's and/or contractor's agreements, which revised copies shall incorporate all changes specified in Landlord's notice of disapproval. If Landlord disapproves the general contractor, any subcontractor or materials supplier, the parties shall negotiate in good faith to select another contractor, subcontractor or materials supplier mutually acceptable to the parties. Landlord shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review entitled to withhold its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plansgeneral contractor, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packagessubcontractor, or any clarifications issued during materials supplier, who, in Landlord's determination, is financially or otherwise professionally unqualified to construct the bidding processTenant Improvements. Landlord's failure to disapprove a contractor, the Consultant subcontractor or mate▇▇▇▇▇ ▇▇pplier shall prepare for the City’s not constitute Landlord's warranty that any contractor, subcontractor or supplier not so disapproved is in fact qualified. Following approval written addenda as appropriate to interpretby Landlord, clarify Tenant shall not materially amend or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable consent to the Citymaterial amendment of the construction contract or the bonds, and shall be reimbursed for the actual costs of reproduction at if the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4are required, without Landlord's prior written approval. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon the A. Artist, at City’s authorization's option, the Consultant shall prepare Construction Documents consisting of drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies any drawings depicting both the fabrication and installation of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed Artwork as proposed by the City for Design Development Proposal (the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant “Construction Documents”). Artist shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing obtaining any investigations and all information necessary for preparation of the Construction Documents, including without limitation, any field measurements of the proposed site. B. Any and all drawings must be certified by a qualified engineer, licensed by the State of California and must conform to all applicable federal, state and local laws and regulations. The Construction Documents for the Artwork are subject to approval by City's Department of Public Works. The Construction Documents for the Artwork must be designed in accordance with City's standard specifications as described below in subpart E (“City's Standard Specifications”). The Construction Documents and City's Standard Specifications shall collectively be referred to as the “Plans.” Once the Construction Documents are approved, City's Program Officer will notify Artist in writing. C. When seeking approval of the Construction Documents, Artist shall submit the following for City's Department of Public Works: 1. the plans on reproducible sheets measuring 24 inches by 36 inches; and 2. all engineering calculations associated with the submitted Construction Documents; and 3. the specifications for the Artwork including a final budget estimate listing the quantities and unit prices for the fabrication and installation of the Artwork. D. City's approval of the Plans shall not release Artist of the responsibility for the correction of mistakes, errors or reference checks regarding biddersomissions which may be the result of circumstances unforeseen at the time the Plans were developed or approved. E. City's Standard Specifications and Standard Details, nor dated July 1992, are on file with the City's Department of Public Works, Architectural Division. Artist shall it comply with City's Standard Details to the extent such details are applicable to the Artwork. Sections, 1, 7 and the Technical Provisions of the City's Standard Specifications (Section 10 through and including Section 1501) shall be applicable to this Agreement. References in the Standard Specifications to “Contractor” shall be deemed to mean Artist, including without limitation, Artist's subcontractors. To the extent that the City's Standard Specifications conflict with the provisions set forth in this Agreement, this Agreement shall control. F. Artist is responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City all applicable Underwriters Laboratory (UL) approvals as necessary in making such determinationthey may apply. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon the City’s authorization, the Consultant The Developer shall prepare Drawings and Specifications which shall be in a form satisfactory to the Authorized City Representative and the Developer. The “Drawings” are the graphic and pictorial portions of the Construction Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. The “Specifications” are that portion of the Construction Documents consisting of drawings and specifications setting forth in detail the written requirements for construction materials, equipment, systems, standards and workmanship for the Work, and performance of related services. The Construction Drawings shall conform to the City’s Engineering Standards for Public Streets except as such Public Standards may be upgraded by Agreement of the ProjectCity and the Developer. Such It is the intent of the Construction Documents to accomplish a complete and first grade installation in which there shall be installed new products of the latest and best design and manufacturer, and workmanship shall be thoroughly first class, executed by competent and experienced personnel. Details of preparation, construction, installation, and finishing encompassed by the Construction Documents shall be project specific conform to the best practices of the respective trades, and the workmanship and construction methods shall be accurate, coordinated of highest quality so as to accomplish a neat and adequate for construction, quality finished job. Any Drawings and Specifications that comprise the Construction Documents are instruments of service through which the Work to be executed is described. The City shall be in conformity own the copyrights on the Drawings and comply with Specifications and will retain all applicable common law, codesstatutory and other reserved rights, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same in addition to the City. 2.5.3 copyrights. The Consultant Authorized City Representative shall assist have the City in preparing right to provide the Drawings and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, Specifications and other documents upon which to another design professional or engineer for information and reference in preparing new Drawings and Specifications and other documents for subsequent improvements, additions or alterations to the bidding is to be basedPublic Infrastructure Improvements. The Consultant Authorized City Representative shall make copies have the option but not the obligation to proceed with Public Infrastructure Improvements in the event that Developer ceases for any reason to perform any of complete bid packages available at its office nearest obligations under this Agreement, provided that the City has paid to Developer all amounts due and payable as of the date of Developer’s cessation of performance, . However, if an amount due is the subject of a bona fide dispute, including without limitation that the Work was not performed in accord with the Construction Documents, the Authorized City Representative shall nevertheless be entitled to so use the Drawings and Specifications and other documents, provided that when the dispute with respect to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by amount due is resolved, the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to parties promptly comply with the terms of Section 6.2 the decision resolving the dispute. All copies of this Agreement. 2.5.5 In the event that there are amendments Drawings and Specifications, except the record set of the Developer, shall be returned or suitably accounted for to the bid packagesAuthorized City Representative, amendments to any on request, upon final completion of the documents contained Public Infrastructure Improvements, and the copy thereof furnished to the Developer is for use solely with respect to the bid packages, or any clarifications issued during Public Infrastructure Improvements. They are not to be used by the bidding process, Developer on other projects without the Consultant shall prepare for specific written consent of the City’s approval written addenda as Authorized City Representative. The Developer is authorized to use and reproduce applicable portions of the Drawings and Specifications appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable execution of obligations with respect to the CityPublic Infrastructure Improvements; provided, however, that any reproduction and shall be reimbursed for distribution of copies of the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process Drawings and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified Specifications by the City. 2.5.7 The Consultant shall be available as Developer to the extent necessary to assist the City in the evaluation comply with official regulatory requirements or obligations of all bids received for determination of compliance with the bidding requirements. The Consultant law shall not be responsible for performing any investigations construed as an infringement of the copyrights or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions other reserved rights of materials or equipment and shall advise the City with respect to samethe Drawings and Specifications. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings and Specifications. The Developer agrees that it will deliver to the Authorized City Representative a set of record drawings on the date Acceptance of the Public Infrastructure Improvements by the Authorized City Representative (pursuant to Section 4.4 hereof) or such earlier date as may be reasonably requested by the Authorized City Representative. The record drawings shall be in the form of reproducible drawings correctly marked to show the Public Infrastructure Improvements as completed and shall detail the construction of the Public Infrastructure Improvements and contain such annotations as may be necessary for someone unfamiliar with the Public Infrastructure Improvements to understand the changes that were made to the original Drawings and Specifications. The Developer may also retain one record set.

Construction Documents. 2.5.1 Upon the A. Artist, at City’s authorization's option, the Consultant shall prepare Construction Documents consisting of drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies any drawings depicting both the fabrication and installation of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed Artwork as proposed by the City for Design Development Proposal (the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant “Construction Documents”). Artist shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing obtaining any investigations or reference checks regarding biddersand all information necessary for preparation of the Construction Documents, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; howeverincluding without limitation, any field measurements of the Consultant shall assist the City as necessary in making such determinationproposed site. 2.5.8 B. Any and all drawings must be certified by a qualified engineer, licensed by the State of California and must conform to all applicable federal, state and local laws and regulations. The Consultant Construction Documents for the Artwork are subject to approval by City's Department of Public Works. The Construction Documents for the Artwork must be designed in accordance with City's standard specifications as described below in subpart E (“City's Standard Specifications”). The Construction Documents and City's Standard Specifications shall collectively be referred to as the “Plans.” Once the Construction Documents are approved, City's Program Officer will investigatenotify Artist in writing. C. When seeking approval of the Construction Documents, studyArtist shall submit the following for City's Department of Public Works: 1. the plans on reproducible sheets measuring 24 inches by 36 inches; and 2. all engineering calculations associated with the submitted Construction Documents; and 3. the specifications for the Artwork including a final budget estimate listing the quantities and unit prices for the fabrication and installation of the Artwork. D. City's approval of the Plans shall not release Artist of the responsibility for the correction of mistakes, errors or omissions which may be the result of circumstances unforeseen at the time the Plans were developed or approved. E. City's Standard Specifications and analyze any proposed substitutions Standard Details, dated July 1992, are on file with the City's Department of materials or equipment Public Works, Architectural Division. Artist shall comply with City's Standard Details to the extent such details are applicable to the Artwork. Sections, 1,7 and the Technical Provisions of the City's Standard Specifications (Section 10 through and including Section 1501) shall advise be applicable to this Agreement. References in the City Standard Specifications to “Contractor” shall be deemed to mean Artist, including without limitation, Artist's subcontractors. To the extent that the City's Standard Specifications conflict with respect to samethe provisions set forth in this Agreement, this Agreement shall control.

Construction Documents. 2.5.1 Upon the City’s authorization, the Consultant 5.1 Architect shall prepare Construction Documents consisting for the Project. When the Construction Documents are complete to a level of approximately fifty percent (50%) of the detail required by the Standards, Architect shall submit Preliminary Construction Documents for Owner’s review and comment. 5.2 After review of the Preliminary Construction Documents under Section 4.8 of the Agreement, Architect submit for Owner’s review complete Construction Documents. 5.3 The Construction Documents shall include, at a minimum, all the drawings and specifications setting forth required of construction documents by Section 00001 of the Standards. Architect shall prepare all of the specifications for the Project in detail conformance with the Standards. Division 1 of the specifications (General Requirements) shall be based on Owner’s standard form therefor, which shall be modified only to the extent necessary to fit specific requirements for construction of the Project. 5.4 If the Project includes landscape development, the Construction Documents shall include a soils analysis that evaluates the appropriate soils amendments needed for healthy growth of the proposed plant materials. 5.5 Architect shall prepare and submit with the Construction Documents a detailed final estimate of the Cost of the Work, including separate estimates of the Cost of the Work for bid alternates, and a valuation of the Work to be submitted to the AHJ in connection with its plan review. 5.6 Architect shall submit to the AHJ all copies of Construction Documents required for its plans review. Such If review by other agencies is required by the AHJ, Architect shall submit copies of the Construction Documents to those agencies. Architect shall notify Owner of the exact amounts due to the AHJ and other applicable agencies for payment of plans review fees, and Owner shall pay such amounts directly to such agencies. If such agencies require any modifications to or disapprove any features of the Construction Documents, Architect shall advise Owner of such comments, advise Owner regarding alternative design approaches, and revise the Construction Documents to implement the selected approach that complies with AHJ requirements. 5.7 If Owner is unable to secure one or more bona fide bids from qualified contractors based on the Bid Documents at a price at which the Construction Cost will not exceed Owner’s approved budget for the Construction Cost, Architect shall revise the Construction Documents prepared by Architect to make changes acceptable to Owner to enable Owner to secure bids from reliable contractors at not more than the budgeted cost; provided, however, that if the difference between the authorized budgeted cost and the Construction Cost, as revealed by the bids, is due to an increase in building costs, as substantiated by indices and data secured from reliable sources, or to other circumstances beyond the control of Architect occurring between the date of Architect's estimate of the Construction Cost under Section 5.5 above and the date when bids are opened, such revision of the Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulationsAdditional Services. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.Delete:

Construction Documents. 2.5.1 Upon From the approved Design Development Documents, Consultant shall prepare for written approval by City’s authorization, Final Construction Documents setting forth all design drawings and specifications needed to comprise a fully biddable, permittable, constructible Project. Consultant shall produce 30%, 60%, 90% and Final Construction Documents for review and approval by City, which shall include the following: A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not included in the 30%, 60%, 90% and Final review shall be noted. Consultant shall attach an index of all anticipated drawing sheets necessary to fully define the Project. The updated Project Development Schedule to include an outline of major construction milestone activities and the recommended construction duration period in calendar days. An updated Statement of Probable Construction Cost in CSI format. Consultant may also be authorized to include in the Construction Documents approved additive and/or deductive alternate bid items, to permit City to award a Construction Contract within the limit of the budgeted amount. A Project Specifications Index and Project Manual with at least 30%, 60%, 90% and Final of the Specifications completed. Documents submittal shall also include all sections of Divisions “0” and “1.” Perform an internal review and check the structural design and the structural Contract Documents including the interrelationship of the Primary Structural System with the designs prepared by other design disciplines. The prime design professional is responsible for overall coordination of the various architectural and engineering disciplines. Assist, if required, in obtaining approval by appropriate review agencies. Assist, if required, with manufacturer or supplier recommendations. Consultant shall include, and will be paid for, City-requested alternates outside of the established Project scope or that are not constructed due to a lack of funds. No fee will be paid by City in connection with alternates required by the failure of Consultant to design the Project within the Fixed Limit of Construction Cost. Consultant shall not proceed with further construction document development until approval of the 30% documents is received in writing from City. Approval by City shall be for progress only and does not relieve Consultant of its responsibilities and liabilities relative to code compliance and to other covenants contained in this Agreement. Consultant shall resolve all questions indicated on the documents and make all changes to the documents necessary in response to the review commentary. The 30% documents review (check) set shall be returned to City upon submission of 60% complete Construction Documents and Consultant shall provide an appropriate response to all review comments noted on these previously submitted documents. Of the seven (7) copies to be provided, the Consultant shall prepare Construction Documents consisting submit to the City four (4) full size copies of the drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreementone digital copy in .pdf format. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.

Construction Documents. 2.5.1 Upon The Mayor shall be entitled to review and approve the City’s authorization, the Consultant shall prepare Final Construction Documents consisting of drawings and specifications setting forth in detail the requirements for construction of the Project. Such Center shall have no unilateral authority to initiate any substantial changes to the Construction Documents which affect either the exterior of the building to be constructed by Center on the Redevelopment Site or the City Improvements described in Section 602 above; and shall provide a copy of all such requested changes to the Urban Development Director for approval which approval shall not be unreasonably withheld. The City shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available deemed to have approved such changes unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist Center receives written notice from the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of bid packages to be made available for distribution to all prospective bidders. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for withholding the City’s approval written addenda as appropriate to interpret, clarify or expand of such change within fourteen (14) days after the bidding documentsCity’s receipt of the proposed change from Center. The Consultant City shall make such documents available to all prospective bidders submit any material changes in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with Construction Documents affecting the City during the bidding process and be available Improvements to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, Center for approval which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant approval shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; howeverunreasonably withheld. If Center in good faith denies such changes based on cost, the Consultant City either withdraw the request for such change or provide additional funding to make such changes. Center shall assist be deemed to have approved the submitted changes unless the City receives written notice of Center withholding approval within fourteen (14) days after receipt of the proposed change. Center shall be obligated to pay the additional costs and fees of the Architect incurred as necessary a result of withholding approval. Center may submit requested changes to the Construction Documents that apply to the Redeveloper Improvements to the Mayor for approval, which approval shall not be unreasonably withheld. If the amendments thereto are in making such determination. 2.5.8 The Consultant will investigate, studyconformance with the Project and this Agreement, and analyze any proposed substitutions the Mayor in his or her sole discretion approves the same, then Center shall be obligated to pay the additional costs and fees of materials or equipment and the Architect incurred as a result of such changes which shall advise the City with respect be deemed a part of improvements required to samebe completed by Center under this Agreement.

Construction Documents. 2.5.1 Upon the City’s authorization, the Consultant shall prepare Construction Documents consisting of drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for the preparation of electronic bid packages to be made available for distribution to all prospective biddersbidders by the City’s Purchasing Division. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. The Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the documents contained within the bid package as a reimbursable item pursuant to the terms of Section 6.2 of this Agreement. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City’s approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same.