Common use of Construction Phase Services Clause in Contracts

Construction Phase Services. Construction Contractor shall provide the following services in addition to any other Construction Phase Services required by the terms of the Contract: 9.1 Construction Contractor shall arrange for all job-site facilities as required by Owner and necessary to enable Construction Contractor and Design Professional to perform their respective duties and to accommodate any representatives of Owner which Owner may choose to have present on the job, the description of such facilities to be finalized prior to the establishment of the GMP. 9.1.1 Tangible personal property, otherwise referred to as job-site facilities, include, such things as trailers, toilets, computers and any other equipment necessary to carry on the Work. The method of acquiring such job-site facilities, which are planned to become the property of Owner at the conclusion of the Work, shall be evaluated based on their cost over the life of the Project. Owning versus leasing shall be considered by Construction Contractor, obtaining at least three (3) proposals for leasing and at least three (3) proposals for purchasing and then analyzing which is least expensive over the usable life of the item. Construction Contractor shall present its evaluation with recommendation to Owner for approval. 9.1.2 When Construction Contractor wishes to supply job-site facilities from its own equipment pool, it shall first evaluate buy versus lease as discussed in Subsection 9.1.1 above. If leasing is found to be the least expensive approach, then it may lease such job-site facilities from its own equipment pool at a price not greater than the lowest of the three (3) lease proposals obtained. 9.1.3 For all such job-site facilities purchased, which may become the property of Owner at the conclusion of the Work, Construction Contractor shall maintain ownership, maintenance and repair responsibilities of such facilities until final acceptance of the Work. Reimbursement for cost of such equipment will be made at the conclusion of the Work at the documented purchase price. At that time, Construction Contractor shall provide Owner with a complete inventory for each unit of equipment. The inventory shall describe the equipment and identify the purchase price, serial number, model number and condition. Where said equipment has a title, said title shall be properly transferred to Owner or to its designee. 9.1.4 Construction Contractor is responsible for proper care and maintenance of all equipment while in its control. At the time of transfer to Owner, Owner may refuse acceptance of the equipment if Owner determines, in its sole discretion, that the equipment has not been properly cared for by Construction Contractor or that such acquisition would not otherwise be in the best interest of Owner. In such event, Construction Contractor will be reimbursed for such item in accordance with Section 5 of the Agreement. 9.2 Construction Contractor’s administration of the Work shall include the following: 9.2.1 Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc. 9.2.2 Maintain a roster of companies on the Project with names and telephone numbers of key personnel. 9.2.3 Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline. 9.2.4 Provide labor relations management for a harmonious, productive Project. 9.3 Construction Contractor also shall provide job site administration functions during construction to assure proper documentation, including the following:

Construction Phase Services. Construction Contractor shall provide the following services in addition to any other Construction Phase Services required by the terms of the this Contract: 9.1 The Construction Contractor shall arrange for all job-site facilities as required by the Owner and necessary to enable the Construction Contractor and Design Professional to perform their respective duties and to accommodate any representatives of the Owner which the Owner may choose to have present on the job, the description of such facilities to be finalized prior to the establishment of the GMP. 9.1.1 Tangible personal property, otherwise referred to as job-site facilities, include, but are not limited to such things as trailers, toilets, typewriters, computers and any other equipment necessary to carry on the Work. The method of acquiring such job-site facilities, which are planned to become the property of the Owner at the conclusion of the Work, shall be evaluated based on their cost over the life of the Project. Owning versus leasing shall be considered by the Construction Contractor, obtaining at least three (3) proposals for leasing and at least three (3) proposals for purchasing and then analyzing which is least expensive over the usable life of the item. The Construction Contractor shall present its evaluation with recommendation to the Owner for approval. 9.1.2 When the Construction Contractor wishes to supply job-site facilities from its own equipment pool, it shall first evaluate buy versus lease as discussed in Subsection subparagraph 9.1.1 above. If leasing is found to be the least expensive approach, then it may lease such job-site facilities from its own equipment pool at a price not greater than the lowest of the three (3) lease proposals obtained. 9.1.3 For all such job-site facilities purchased, which may become the property of the Owner at the conclusion of the Work, the Construction Contractor shall maintain ownership, maintenance and repair ownership responsibilities of such facilities until final acceptance of the Work. Reimbursement for cost of such equipment will be made at the conclusion of the Work at the documented purchase price. At that time, the Construction Contractor shall provide the Owner with a complete inventory for each unit of equipment. The inventory shall describe the equipment and identify the purchase price, serial number, model number and condition. Where said equipment has a title, said title shall be properly transferred to the Owner or to its designee. 9.1.4 The Construction Contractor is responsible for proper care and maintenance of all equipment while in its control. At the time of transfer to the Owner, the Owner may refuse acceptance of the equipment if the Owner determines, in its sole discretion, that the equipment has not been properly cared for by the Construction Contractor or that such acquisition would not otherwise be in the best interest of the Owner. In such event, the Construction Contractor will be reimbursed for such item in accordance with Section 5 of the Agreement.. the following: 9.2 The Construction Contractor’s administration of the Work shall include the following: 9.2.1 Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc. 9.2.2 Maintain a roster of companies on the Project with names and telephone numbers of key personnel. 9.2.3 Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline. 9.2.4 Provide labor relations management for a harmonious, productive Project. 9.3 Construction Contractor also shall provide job site administration functions during construction to assure proper documentation, including the following:

Construction Phase Services. Construction Contractor shall provide the following services in addition to any other Construction Phase Services required by the terms of the this Contract: 9.1 Construction Contractor shall arrange for all job-site facilities as required by Owner and necessary to enable Construction Contractor and Design Professional to perform their respective duties and to accommodate any representatives of Owner which Owner may choose to have present on the job, the description of such facilities to be finalized prior to the establishment of the GMP. 9.1.1 Tangible personal property, otherwise referred to as job-site facilities, include, but are not limited to such things as trailers, toilets, typewriters, computers and any other equipment necessary to carry on the Work. The method of acquiring such job-site facilities, which are planned to become the property of Owner at the conclusion of the Work, shall be evaluated based on their cost over the life of the Project. Owning versus leasing shall be considered by Construction Contractor, obtaining at least three (3) proposals for leasing and at least three (3) proposals for purchasing and then analyzing which is least expensive over the usable life of the item. Construction Contractor shall present its evaluation with recommendation to Owner for approval. 9.1.2 When Construction Contractor wishes to supply job-site facilities from its own equipment pool, it shall first evaluate buy versus lease as discussed in Subsection subparagraph 9.1.1 above. If leasing is found to be the least expensive approach, then it may lease such job-site facilities from its own equipment pool at a price not greater than the lowest of the three (3) lease proposals obtained. 9.1.3 For all such job-site facilities purchased, which may become the property of Owner at the conclusion of the Work, Construction Contractor shall maintain ownership, maintenance and repair ownership responsibilities of such facilities until final acceptance of the Work. Reimbursement for cost of such equipment will be made at the conclusion of the Work at the documented purchase price. At that time, Construction Contractor shall provide Owner with a complete inventory for each unit of equipment. The inventory shall describe the equipment and identify the purchase price, serial number, model number and condition. Where said equipment has a title, said title shall be properly transferred to Owner or to its designee. 9.1.4 Construction Contractor is responsible for proper care and maintenance of all equipment while in its control. At the time of transfer to Owner, Owner may refuse acceptance of the equipment if Owner determines, in its sole discretion, that the equipment has not been properly cared for by Construction Contractor or that such acquisition would not otherwise be in the best interest of Owner. In such event, Construction Contractor will be reimbursed for such item in accordance with Section 5 of the Agreement. 9.2 Construction Contractor’s administration of the Work shall include the following: 9.2.1 Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc. 9.2.2 Maintain a roster of companies on the Project with names and telephone numbers of key personnel. 9.2.3 Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline. 9.2.4 Provide labor relations management for a harmonious, productive Project. 9.3 Construction Contractor also shall provide job site administration functions during construction to assure proper documentation, including but not limited to the following:

Construction Phase Services. Construction Contractor shall provide the following services in addition to any other Construction Phase Services required by the terms of the this Contract: 9.1 Construction Contractor shall arrange for all job-site facilities as required by Owner and necessary to enable Construction Contractor and Design Professional to perform their respective duties and to accommodate any representatives of Owner which Owner may choose to have present on the job, the description of such facilities to be finalized prior to the establishment of the GMP. 9.1.1 Tangible personal property, otherwise referred to as job-site facilities, include, such things as trailers, toilets, computers and any other equipment necessary to carry on the Work. The method of acquiring such job-site facilities, which are planned to become the property of Owner at the conclusion of the Work, shall be evaluated based on their cost over the life of the Project. Owning versus leasing shall be considered by Construction Contractor, obtaining at least three (3) proposals for leasing and at least three (3) proposals for purchasing and then analyzing which is least expensive over the usable life of the item. Construction Contractor shall present its evaluation with recommendation to Owner for approval. 9.1.2 When Construction Contractor wishes to supply job-site facilities from its own equipment pool, it shall first evaluate buy versus lease as discussed in Subsection subparagraph 9.1.1 above. If leasing is found to be the least expensive approach, then it may lease such job-site facilities from its own equipment pool at a price not greater than the lowest of the three (3) lease proposals obtained. 9.1.3 For all such job-site facilities purchased, which may become the property of Owner at the conclusion of the Work, Construction Contractor shall maintain ownership, maintenance and repair responsibilities of such facilities until final acceptance of the Work. Reimbursement for cost of such equipment will be made at the conclusion of the Work at the documented purchase price. At that time, Construction Contractor shall provide Owner with a complete inventory for each unit of equipment. The inventory shall describe the equipment and identify the purchase price, serial number, model number and condition. Where said equipment has a title, said title shall be properly transferred to Owner or to its designee. 9.1.4 Construction Contractor is responsible for proper care and maintenance of all equipment while in its control. At the time of transfer to Owner, Owner may refuse acceptance of the equipment if Owner determines, in its sole discretion, that the equipment has not been properly cared for by Construction Contractor or that such acquisition would not otherwise be in the best interest of Owner. In such event, Construction Contractor will be reimbursed for such item in accordance with Section section 5 of the Agreement. 9.2 Construction Contractor’s administration of the Work shall include the following: 9.2.1 Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc. 9.2.2 Maintain a roster of companies on the Project with names and telephone numbers of key personnel. 9.2.3 Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline. 9.2.4 Provide labor relations management for a harmonious, productive Project. 9.3 Construction Contractor also shall provide job site administration functions during construction to assure proper documentation, including the following:

Construction Phase Services. Construction Contractor shall provide the following services in addition to any other Construction Phase Services required by the terms of the Contract: 9.1 Construction Contractor shall arrange for all job-site facilities as required by Owner and necessary to enable Construction Contractor and Design Professional to perform their respective duties and to accommodate any representatives of Owner which Owner may choose to have present on the job, the description of such facilities to be finalized prior to the establishment of the GMP. 9.1.1 Tangible personal property, otherwise referred to as job-site facilities, include, includes such things as trailers, toilets, computers and any other equipment necessary to carry on execute the Work. The method of acquiring such job-site facilities, which are planned to become the property of Owner at the conclusion of the Work, shall be evaluated based on their cost over the life of the Project. Owning versus leasing shall be considered by Construction Contractor, obtaining at least three (3) proposals for leasing and at least three (3) proposals for purchasing and then analyzing which is least expensive over the usable life of the item. Construction Contractor shall present its evaluation with recommendation to Owner for approval. 9.1.2 When Construction Contractor wishes to supply job-site facilities from its own equipment pool, it shall first evaluate buy versus lease as discussed in Subsection 9.1.1 above. If leasing is found to be the least expensive approach, then it may lease such job-site facilities from its own equipment pool at a price not greater than the lowest of the three (3) lease proposals obtained. 9.1.3 For all such job-site facilities purchased, which may become the property of Owner at the conclusion of the Work, Construction Contractor shall maintain ownership, maintenance and repair responsibilities of such facilities until final acceptance of the Work. Reimbursement for cost of such equipment will be made at the conclusion of the Work at the documented purchase price. At that time, Construction Contractor shall provide Owner with a complete inventory for each unit of equipment. The inventory shall describe the equipment and identify the purchase price, serial number, model number and condition. Where said equipment has a title, said title shall be properly transferred to Owner or to its designee. 9.1.4 Construction Contractor is responsible for proper care and maintenance of all equipment while in under its control. At the time of transfer to Owner, Owner may refuse acceptance of the equipment if Owner determines, in its sole discretion, that the equipment has not been properly cared for by Construction Contractor or that such acquisition would not otherwise be in the best interest of Owner. In such event, Construction Contractor will be reimbursed for such item in accordance with Section 5 of the Agreement. 9.2 Construction Contractor’s administration of the Work shall include the following: 9.2.1 Maintain a log of daily activities, including manpower labor records, weather, delays, major decisions, etc. 9.2.2 Maintain a roster of companies on the Project with names and telephone numbers of key personnel. 9.2.3 Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline. 9.2.4 Provide labor relations management for a harmonious, productive Project. 9.3 Construction Contractor also shall provide job site administration functions during construction to assure proper documentation, including the following:

Construction Phase Services. Upon completion of the bid phase services, ENGINEER will proceed with the performance of construction phase services as described below. ENGINEER will endeavor to professionally represent the OWNER in providing these services, however, it is understood that ENGINEER does not guarantee the Contractor’s performance, nor is ENGINEER responsible for supervision of the Contractor’s operation and employees. ENGINEER shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. a. ENGINEER will assist OWNER in conducting pre-construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. b. ENGINEER, with the OWNER, will establish and maintain a Project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of the Contractor’s submittals and provide for filing and retrieval of Project documentation. Review Contractor’s submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the Projects. Monitor the progress of the Contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. c. Based on ENGINEER’S observations, review Payment requests and supporting documentation submitted by Contractor, the ENGINEER shall provide recommend the following amount to Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. d. ENGINEER will make visits appropriate to the stage of construction to the site (as distinguished from the continuous services of a Resident Project Representative (RPR)) to observe the progress and the quality of work and to attempt to determine in addition general if the work is proceeding in accordance with the Construction Contract Documents. In this effort ENGINEER will endeavor to professionally represent the OWNER and the City in observing the work of Contractors and will report any observed deficiencies to OWNER and the City. e. ENGINEER will notify the Contractor of non-conforming work observed on site visits. Review quality related documents provided by the Contractor such as tests reports, equipment installation reports or other Construction Phase Services documentation required by the terms Construction Contract Documents. f. ENGINEER will monitor the work of testing laboratories and inspection companies required for the testing or inspection of materials for quality control of the Contract:project. The cost of such quality control shall be paid by OWNER and is not included in the services to be performed by engineer. 9.1 Construction g. ENGINEER will interpret the drawings and specifications for OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by OWNER, for substitutions of equipment and/or materials or deviations from the drawings and specifications shall be handled as Additional Services. h. ENGINEER will establish procedures for administering changes to the construction contracts. Process contract modifications and negotiate with the Contractor shall arrange on behalf of the OWNER to determine the cost and time impacts of the changes. Prepare change order documentation for all job-site facilities approved changes for execution by the OWNER. Documentation of field orders, where cost to OWNER is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials corrections of defective or deficient work of the Contractor or other deviations from the construction contract documents or as required requested by Owner and necessary to enable Construction the Contractor and Design Professional to perform their respective duties and to accommodate any representatives of Owner which Owner may choose to have present on approved by the jobOWNER may, at the description of such facilities to be finalized prior to the establishment sole option of the GMPENGINEER, be handled as Additional Services. Substitutions of materials or equipment or design modifications requested by the OWNER may, at the sole option of the ENGINEER, be handled as Additional Services. 9.1.1 Tangible personal property, otherwise referred i. ENGINEER will prepare documentation for contract modifications required to as job-site facilities, include, such things as trailers, toilets, computers and any other equipment necessary to carry on implement modifications in the Work. The method of acquiring such job-site facilities, which are planned to become the property of Owner at the conclusion of the Work, shall be evaluated based on their cost over the life design of the Project. Owning versus leasing shall be considered by Construction Contractor, obtaining at least three (3) proposals for leasing Receive and at least three (3) proposals for purchasing evaluate notices of Contractor claims and then analyzing which is least expensive over make recommendations to the usable life OWNER on the merit and value of the itemclaim on the basis of information submitted by the Contractor or available in the Project documentation. Construction Endeavor to negotiate a settlement value with the Contractor shall present its evaluation with recommendation on behalf of the OWNER, if appropriate. Providing these services to Owner for approvalreview or evaluate construction Contractor(s) claim(s), supported by causes not within the control of ENGINEER may, at the sole option of the ENGINEER, be handled as Additional Services. 9.1.2 When j. ENGINEER will assist in the transfer of and acceptance by the Contractor of any OWNER and/or City furnished equipment or materials. k. ENGINEER will conduct, in company with representatives of the OWNER and the City, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contractor wishes to supply job-site facilities from its own equipment pool, it shall first evaluate buy versus lease as discussed in Subsection 9.1.1 aboveContract Documents. If leasing is found Prepare a list of deficiencies to be corrected by the least expensive approachContractor before recommendation of final payment. Assist the OWNER in obtaining legal releases, then it may lease such job-permits, warranties, operations and maintenance manuals, spare parts, and keys from the Contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site facilities from its own equipment pool at a price not greater than the lowest to review completed work in excess of the three (3) lease proposals obtainedtwo trips are an additional service. 9.1.3 For all such job-site l. ENGINEER will assist the OWNER in the transfer of facilities purchased, which may become to the property of Owner at the conclusion of the Work, Construction Contractor shall maintain ownership, maintenance and repair responsibilities of such facilities until final acceptance of the Work. Reimbursement for cost of such equipment will be made at the conclusion of the Work at the documented purchase price. At that time, Construction Contractor shall provide Owner with a complete inventory for each unit of equipment. The inventory shall describe the equipment and identify the purchase price, serial number, model number and condition. Where said equipment has a title, said title shall be properly transferred to Owner or to its designeeCity. 9.1.4 Construction Contractor is responsible for proper care and maintenance of all equipment while in its control. At m. ENGINEER will revise the time of transfer to Owner, Owner may refuse acceptance of the equipment if Owner determines, in its sole discretion, that the equipment has not been properly cared for by Construction Contractor or that such acquisition would not otherwise be in the best interest of Owner. In such event, Construction Contractor will be reimbursed for such item construction drawings in accordance with Section 5 of the Agreement. 9.2 Construction Contractor’s administration of the Work shall include the following: 9.2.1 Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc. 9.2.2 Maintain a roster of companies on information furnished by Contractor reflecting changes in the Project with names made during construction. One (1) set of prints and telephone numbers one (1) electronic PDF on a CD of key personnel“Record Drawings” shall be provided by ENGINEER to OWNER. 9.2.3 Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline. 9.2.4 Provide labor relations management for a harmonious, productive Project. 9.3 Construction Contractor also shall provide job site administration functions during construction to assure proper documentation, including the following:

Construction Phase Services. If Construction Contractor is authorized to provide Construction Phase Services as to a particular Project, unless otherwise expressly noted in the subject Work Authorization, Construction Contractor shall provide the following services for that Project, in addition to any other Construction Phase Services required by the terms of this Contract or the Contractapplicable Work Authorization: 9.1 Construction Contractor shall arrange for all job-site facilities as required by Owner and necessary to enable Construction Contractor and Design Professional to perform their respective duties and to accommodate any representatives of Owner which Owner may choose to have present on the job, the description of such facilities to be finalized prior to the establishment of the GMPsubject Contract Amount for such Work. 9.1.1 Tangible personal property, otherwise referred to as job-site facilities, include, but are not limited to such things as trailers, toilets, typewriters, computers and any other equipment necessary to carry on the Work. The method of acquiring such job-site facilities, which are planned to become the property of Owner at the conclusion of the Work, shall be evaluated based on their cost over the life of the Project. Owning versus leasing shall be considered by Construction Contractor, obtaining at least three (3) proposals for leasing and at least three (3) proposals for purchasing and then analyzing which is least expensive over the usable life of the item. Construction Contractor shall present its evaluation with recommendation to Owner for approval. 9.1.2 When Construction Contractor wishes to supply job-site facilities from its own equipment pool, it shall first evaluate buy versus lease as discussed in Subsection subparagraph 9.1.1 above. If leasing is found to be the least expensive approach, then it may lease such job-site facilities from its own equipment pool at a price not greater than the lowest of the three (3) lease proposals obtained. 9.1.3 For all such job-site facilities purchased, which may become the property of Owner at the conclusion of the Work, Construction Contractor shall maintain ownership, maintenance and repair ownership responsibilities of such facilities until final acceptance of the Work. Reimbursement for cost of such equipment will be made at the conclusion of the Work at the documented purchase price. At that time, Construction Contractor shall provide Owner with a complete inventory for each unit of equipment. The inventory shall describe the equipment and identify the purchase price, serial number, model number and condition. Where said equipment has a title, said title shall be properly transferred to Owner or to its designee. 9.1.4 Construction Contractor is responsible for proper care and maintenance of all equipment while in its control. At the time of transfer to Owner, Owner may refuse acceptance of the equipment if Owner determines, in its sole discretion, that the equipment has not been properly cared for by Construction Contractor or that such acquisition would not otherwise be in the best interest of Owner. In such event, Construction Contractor will be reimbursed for such item in accordance with Section 5 of the Agreement. 9.2 Construction Contractor’s administration of the Work shall include the following: 9.2.1 Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc. 9.2.2 Maintain a roster of companies on the Project with names and telephone numbers of key personnel. 9.2.3 Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline. 9.2.4 Provide labor relations management for a harmonious, productive Project. 9.3 Construction Contractor also shall provide job site administration functions during construction to assure proper documentation, including but not limited to the following:

Construction Phase Services. Construction Contractor shall ▇▇▇▇▇ provide the following services setVices in addition to lo any other Construction Phase Services required by the terms tenns of the this Contract: 9.1 Construction Contractor shall arrange for all job-site facilities as required by Owner and necessary to enable Construction Contractor and Design Professional to perform their respective duties and to accommodate any representatives of Owner which Owner may choose to have present on the job, the description of such facilities to be finalized prior to the establishment of the GMP. 9.1.1 Tangible personal property, otherwise referred to as job-site facilities, include, but are not limited to such things as trailers, toilets, typewriters, computers and any other equipment necessary necessa1y to carry catTy on the Work. The method of acquiring such job-site facilities, which are planned to become the property of Owner at the conclusion of the Work, facilities shall be evaluated based on their cost over the life of the Project. Owning versus leasing shall be considered by Construction Contractor, obtaining at least three (3) proposals for leasing and at least three (3) proposals for purchasing and then analyzing which is least expensive over the usable life of the item. Construction Contractor shall present its evaluation with recommendation to Owner for approval. 9.1.2 When Construction Contractor wishes to supply job-site site- facilities from fi:om its own equipment pool, it ▇▇▇▇.▇▇ shall first evaluate buy versus lease as discussed in Subsection subparagraph 9.1.1 above. If leasing is found to be the least expensive approach, then it may lease such job-site facilities from its own equipment pool at a price not greater than the lowest of the three (3) lease proposals obtainedobtained by Construction Contractor. 9.1.3 For all such job-site facilities purchased, which may become the property of Owner at the conclusion of the Work, Construction Contractor shall maintain ownership, maintenance and repair responsibilities ownership responsibi1ities of such facilities until final acceptance of the Work. Reimbursement for cost of such equipment will be made at the conclusion of the Work at the documented purchase price. At that time, Construction Contractor shall provide Owner with a complete inventory for each unit of equipment. The inventory shall describe the equipment and identify the purchase price, serial number, model number and condition. Where said equipment has a title, said title shall be properly transferred to Owner or to its designee. Con$tr11ct1on Management Agreement CONSTRUCTION MANAGEMENT $ERVICES ON A CONTINUING BASIS IICPSCM Ac.,.llltlll (clllllll*l-•14d111011) 051Wttl NOVEMBER 16,2010 • • a.WI&P RIV C?WI I &I F 2 9.1.4 Construction Contractor is responsible for proper care and maintenance of all equipment while in its control. At the time of transfer tnmster to Owner, Owner may refuse acceptance of the equipment if Owner determinesdetennines, in its sole discretion, that the equipment has not been properly cared for by Construction Contractor or that such acquisition would not otherwise be in the best interest of Owner. In such Insuch event, Construction Contractor will be reimbursed for such item in accordance with Section 5 of the Agreement. 9.2 Construction Contractor’s 's administration of the Work shall include the following: 9.2.1 Maintain a log of daily activities, including manpower records, weather, delays, ,major decisions, etc. 9.2.2 Maintain a roster of companies on the Project with names and telephone numbers of key personnel. 9.2.3 Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline. 9.2.4 Provide labor relations management for a harmonioushannonious, productive Project. 9.3 Construction Contractor also shall provide job site administration functions during construction to assure proper documentation, including but not limited to the following:

Construction Phase Services. Construction Contractor FNI will support the construction phase of the project by providing General Representation services. Upon completion of the bid or negotiation phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect City in providing these services, however, it is understood that FNI does not guarantee the Contractor’s performance, nor is FNI responsible for supervision of the Contractor’s operation and employees. FNI shall provide not be responsible for the following services in addition to any other Construction Phase Services required means, methods, techniques, sequences or procedures of construction selected by the terms Contractor, or any safety precautions and programs relating in any way to the condition of the Contract: 9.1 Construction Contractor shall arrange for all job-site facilities as required by Owner and necessary to enable Construction Contractor and Design Professional to perform their respective duties and to accommodate any representatives of Owner which Owner may choose to have present on the jobpremises, the description of such facilities to be finalized prior to the establishment work of the GMP. 9.1.1 Tangible personal property, otherwise referred to as job-site facilities, include, such things as trailers, toilets, computers and Contractor or any other equipment necessary to carry on Subcontractor. FNI shall not be responsible for the Work. The method acts or omissions of acquiring such job-site facilities, which are planned to become the property of Owner any person (except its own employees or agents) at the conclusion Project site or otherwise performing any of the Work, shall be evaluated based on their cost over the life work of the Project. Owning versus leasing shall These services are based on the use of FNI’s standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract administration procedures are an additional service. If general conditions other than FNI standards are used, the City agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI and their sub-consultants on this project to be considered listed as an additional insured on contractor’s insurance policies. 1. Assist City in conducting a pre-construction conference with the Contractor and review construction schedules prepared by Construction the Contractor pursuant to the requirements of the construction contract. 2. Review up to twelve (12) contractor submittals, including modification requests, shop drawings, schedules, initial SW3P plan, and other submittals in accordance with the requirements of the construction contract documents for the project. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. Requests for information required to clarify FNI’s drawings or intent will be addressed as required and are not included in the 12 contractor submittals. 3. Based on FNI’s observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, obtaining at least determine the amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. 4. Conduct up to nine (9) site visits (1 per month for 9 months) appropriate to the stage of construction to the site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort, FNI will endeavor to protect the City against defects and deficiencies in the work of Contractors and will report any observed deficiencies to the City. Visits to the site in excess of the specified number are an additional service. 5. Notify the Contractor of non-conforming work observed on site visits. Review quality-related documents provided by the Contractor such as test reports, equipment installation reports or other documentation required by the construction contract documents. 6. Interpret the drawings and specifications for City and Contractor. Investigations, analyses, and studies, requested by the Contractor(s) and approved by City, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. 7. Process up to three (3) proposals for leasing contract modifications and at least three (3) proposals for purchasing and then analyzing which is least expensive over negotiate with the usable life contractor on behalf of the itemCity to determine the cost and time impacts of these changes. Construction Contractor shall present its evaluation with recommendation Prepare change order documentation for approved changes for execution by the City. Documentation of field orders, where cost to Owner City is not impacted, will also be prepared. Investigations, analyses, studies or design for approvalsubstitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the City are an additional service. Substitutions of materials or equipment or design modifications requested by the City are an additional service. Errors and omissions by FNI will be addressed as required for no additional compensation. 9.1.2 When 8. Conduct, in company with City staff, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contractor wishes to supply job-site facilities from its own equipment pool, it shall first evaluate buy versus lease as discussed in Subsection 9.1.1 aboveContract Documents. If leasing is found Prepare a list of deficiencies to be corrected by the least expensive approachcontractor before recommendation of final payment. Assist the City in obtaining legal releases, then it may lease such job-permits, warranties, spare parts, operator’s manuals, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site facilities from its own equipment pool at a price not greater than the lowest to review completed work in excess of the three (3) lease proposals obtainedtwo trips are an additional service. 9.1.3 For all such job-site facilities purchased, which may become 9. Prepare record drawings by revising the property of Owner at the conclusion of the Work, Construction Contractor shall maintain ownership, maintenance and repair responsibilities of such facilities until final acceptance of the Work. Reimbursement for cost of such equipment will be made at the conclusion of the Work at the documented purchase price. At that time, Construction Contractor shall provide Owner with a complete inventory for each unit of equipment. The inventory shall describe the equipment and identify the purchase price, serial number, model number and condition. Where said equipment has a title, said title shall be properly transferred to Owner or to its designee. 9.1.4 Construction Contractor is responsible for proper care and maintenance of all equipment while in its control. At the time of transfer to Owner, Owner may refuse acceptance of the equipment if Owner determines, in its sole discretion, that the equipment has not been properly cared for by Construction Contractor or that such acquisition would not otherwise be in the best interest of Owner. In such event, Construction Contractor will be reimbursed for such item construction drawings in accordance with Section 5 of the Agreement. 9.2 Construction Contractor’s administration of the Work shall include the following: 9.2.1 Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc. 9.2.2 Maintain a roster of companies on information furnished by construction Contractor(s) reflecting changes in the Project with names and telephone numbers of key personnelmade during construction. 9.2.3 Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline. 9.2.4 Provide labor relations management for a harmonious, productive Project. 9.3 Construction Contractor also shall provide job site administration functions during construction to assure proper documentation, including the following: