Common use of Construction Phase Clause in Contracts

Construction Phase. 2.6.1 The Construction Phase will commence on the date established by the Agreement between University and CM/Contractor, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Project. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.

Construction Phase. 2.6.1 a. Prior to the start of construction, the ARCHITECT shall certify that the following two documents have been submitted to DSA: (1) Contract Information Form DSA-102. (2) Inspector Qualification Record Form DSA-5 should be submitted 10 days prior to the time of starting construction. b. The Construction Phase will commence on with the date established by award of the Agreement between University Construction Contract to Contractor. c. The ARCHITECT shall reproduce five (5) sets of Construction Documents for the DISTRICT’s and CM/Contractorthe DISTRICT’s consultant’s use at the ARCHITECT’s expense. d. The ARCHITECT shall provide technical direction to a full-time Project Inspector employed by, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited responsible to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely mannerDISTRICT, as required by applicable law. The ARCHITECT shall direct and monitor the work of the Laboratory of Record as required by applicable law and provide code required supervision of Special Inspectors not provided by the Laboratory of Record. Upon the DISTRICT’s award of a Construction Contract to the Contractor, the ARCHITECT shall obtain the necessary Project Inspection Cards (“PIC”) (Form DSA 152) from the DSA that are needed for the Project Schedule (Inspector’s use in approving and all revisions signing off work on the PROJECT as it is completed by the Contractor. The ARCHITECT shall verify that the Project Inspector has the appropriate amount of PIC’s that are needed for the inspection and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectentire PROJECT prior to the commencement of any work by the Contractor on the PROJECT. The ARCHITECT shall provide the Project Inspector, Laboratory of Record and each Special Inspector with a copy of the DSA approved Construction Documents including, but not limited to, the approved Statement of Structural Tests and Special Inspections (Form DSA 103) prior to the commencement of any work on the PROJECT at the ARCHITECT’s expense. 2.6.4 Design Professional shalle. The ARCHITECT shall meet with the Project Inspector, at no cost DISTRICT, Contractor, Laboratory of Record and Special Inspectors as needed throughout the completion of the PROJECT to Universityverify, satisfactorily correct acknowledge and coordinate the testing and special inspection program required by the DSA approved Construction Documents. f. The ARCHITECT shall prepare Interim Verified Reports (Form DSA 6-AE) and submit such Interim Verified Reports to DSA, the Project Inspector and the DISTRICT prior to the Project Inspector’s approval and sign off of any of the following sections of the PROJECT’s PIC’s as applicable: (1) Initial Site Work and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Foundations Preparation (2) Vertical and Horizontal Framing; (3) Appurtenances; (4) Finish Site Work shall not in any way limit any other obligations of Design Professional.and Other Work;

Construction Phase. 2.6.1 The Unless otherwise authorized by Owner in writing, all Work shall be performed under trade contracts held by Construction Phase will commence Manager. Construction Manager shall not bid on any of the date established by trade contractor Work or perform such Work with its own forces without the Agreement between prior written consent of Owner in accordance with State University System Chancellor’s Memorandum No. CM-N-08.01-01/99, which is located on-line on Owner’s Facilities Management Department website. Construction Manager shall: 3.3.1 Administer the construction phase as provided herein and CM/Contractor, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, “Conditions of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultantsContract”, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities which shall include, but not be limited to, interpretation the following: (i) Owner’s General Terms and Conditions; and (ii) the Construction Documents, which shall include, but not be limited to, Division I of the Specifications. The Construction Documents, some of which are available on Owner’s Facilities Management website, including, but not limited to, Division 1 of the Specifications, are hereby incorporated into this Agreement by reference. The Conditions of the Contract Documents; periodic site observations; review of submittals; review shall apply to all aspects of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor costProject, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreementincluding, including but not limited to, the pre-construction phase. The incorporated documents are intended to services provided during be complimentary and interpreted in harmony. To the extent there is a conflict between any of these documents, the documents shall govern in the following order of precedence: first, the General Terms and Conditions; second, the technical Project design specifications incorporated in the Construction PhaseDocuments; and third, shall be undertaken the design drawings incorporated in conformance with the Construction Documents. 3.3.2 Commence the Work for the Project Schedule within ten (10) days after receipt of the executed GMP amendment and all revisions “Notice to Proceed” (reflecting Owner’s Project number) from Owner. 3.3.3 Develop procedures which are acceptable to Owner for the pre-qualification of trade contractors. Develop trade contractor interest in the Project and updates thereto)publicly advertise and conduct pre-bid conferences with interested bidders to review the documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services Take competitive bids on the Work of the various trade contractors; or, if authorized by Owner in writing in accordance with Chancellor's Memorandum CM-N- 08.01-01/99 (located on-line at Owner’s Facilities Management Department website), negotiate for the performance of that Work. Analyze and evaluate the results of the various bids and their relationship to budgeted and estimated amounts, and prepare for review with Owner and Architect/Engineer a bid tabulation analysis and such other support data as necessary to properly compare the various bids and their responsiveness to the designed scope of Work. Specifically, review the scope of Work in detail with apparent low responsive bidders to determine that their bids are complete but do not include duplicate scope items. Maintain records of all pre-award interviews with apparent low bidders. Prepare and submit written recommendations to Owner and Architect/Engineer for award of trade contracts by Construction Manager. Construction Manager shall ensure, to the best of its knowledge, the bid of the recommended trade contractors is bona fide, fair and reasonable. Promptly award and execute trade contracts with approved trade contractors. Provide copies of fully executed trade contracts, insurance certificates and, if required, bonds to Owner. 3.3.4 Manage, schedule and coordinate the Work, including the Work of the trade contractors, and coordinate the Work with the activities and responsibilities of Owner, Architect/Engineer and Construction Manager in order to complete the Project Schedule (in accordance with Owner's objectives of cost, time and quality. Develop and maintain a program, acceptable to Owner and Architect/Engineer, to assure quality control of the construction. Supervise the Work of all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related trade contractors, providing instructions to each when its Work does not conform to the Design Professional’s design and all requirements of the Design Professional’s recommendations plans and specifications and continue to manage each subcontractor to ensure that corrections are made in a timely manner so as to not affect the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations Should disagreement occur between Construction Manager and decisions that are consistent with the intent of, Architect/Engineer over acceptability of Work and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance conformity with the requirements of the specifications and plans, Owner shall be the final judge of performance and acceptability. 3.3.5 Maintain exclusively for this Project Schedule (a competent full-time staff at the Project site to coordinate and all direct the Work and progress of the trade contractors on the Project. Construction Manager has provided Construction Manager’s personnel chart which lists by name, job category, responsibility and hourly rate, Construction Manager’s primary employees who will work on the Project in Construction Manager’s Professional Qualifications Supplement submitted to Owner during Construction Manager selection process. Construction Manager shall promptly inform Owner in writing of any proposed revisions replacements or additions to the personnel chart, the reasons therefore, and updates theretothe name(s) and qualification(s) of proposed replacement(s) or addition(s). Owner shall have the right, in its reasonable discretion, to reject any proposed replacement or addition. The Design Professional costs for Construction Manager’s staff at the job site that is not full-time shall perform be deemed included in Construction Manager’s lump sum fee set forth in this Agreement. 3.3.5.1 Construction Manager shall promptly inform Owner in writing of any proposed replacements to the list of subcontractors and suppliers in the final bid tabulation sheet provided to Owner, the reasons therefore, and the name(s) and qualification(s) of proposed replacements(s). Owner shall have the right, in its reasonable discretion, to reject any proposed replacement. 3.3.5.2 Owner shall have the right to direct Construction Manager to remove or replace any on-site personnel whose performance becomes unsatisfactory to Owner. In such event, the Construction Manager shall promptly replace such personnel, without additional compensation for the replacement. 3.3.5.3 Construction Manager shall: establish on-site organization and lines of authority in order to carry out the overall plans of the Construction Team; identify an on-site staff member to represent Construction Manager on a daily basis, with authority to negotiate change orders and contract modifications on behalf of Construction Manager; and make available such executive personnel as necessary to execute change orders or other contract modifications on behalf of Construction Manager so as not to delay the progress of the Work. 3.3.6 Establish procedures for coordination among Owner, Architect/Engineer, trade contractors and Construction Manager with respect to all aspects of the Work. Implement such procedures, incorporate them into a project resource manual, and distribute manuals to the Construction Phase services in a timely mannerTeam. 3.3.6.1 Require of the various trade contractors such Coordination Drawings as may be necessary to properly coordinate the Work among the trade contractors. 3.3.6.2 In coordination with the Architect/Engineer, establish and implement procedures for tracking and expediting the processing of shop drawings and samples, as required by the Conditions of the Contract. 3.3.7 Schedule and conduct weekly progress meetings with trade contractors to review such matters as job procedures, construction progress, schedule, shop drawing status and other information as necessary. Provide prior notice to Owner and Architect/Engineer of all such meetings, and prepare and distribute minutes. Attend weekly Construction Team meetings scheduled by the Architect/Engineer. 3.3.8 Review the Project Construction Schedule (with the various trade contractors and review, or expand the level of detail to incorporate specific trade contractor input consistent with the overall completion requirements. Regularly monitor and update the Project Construction Schedule and various sub-networks as construction progresses. Identify potential variances between scheduled and probable completion dates. Review the Project Construction Schedule for Work not started, or incomplete, and make adjustments in the schedule to meet the scheduled completion date. Provide summary reports of each monitoring and document all revisions changes in the Project Construction Schedule. Regularly scheduled updates and updates thereto)reporting shall be included as part of the monthly project report outlined in this Agreement. Display the current Project Construction Schedule in the on-site office, this Agreement and review the Project Construction Schedule at progress meetings. 3.3.9 Determine the adequacy of the trade contractors' personnel and equipment, and the Contract Documentsavailability of materials and supplies to meet the Project Construction Schedule. Design Professional shall employ In consultation with Owner and assign adequate professional staff and subconsultants to ensure that its interpretationsthe Architect/Engineer, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to take necessary corrective actions when requirements of a disruption of construction trade contract or a delay in completion of the Projecttrade contract schedule are not being met. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional3.3.10 Direct Purchase Program.

Construction Phase. 2.6.1 a. The Construction Phase will commence on with the date established award of the Construction Contract to Contractor. b. The ENGINEER shall reproduce fifteen (15) full size sets of contract documents and all progress prints for the DISTRICT’s and consultants’ use at the ENGINEER’s expense. The remaining sets are to be provided as reimbursable expenses in conformance with Article XI. c. The ENGINEER shall provide technical direction to a full time PROJECT inspector employed by and responsible to the DISTRICT as required by applicable law. The ENGINEER shall advise the Contractor in the preparation of a marked set of prints indicating dimensioned location of buried utility lines (record drawings) which shall be forwarded to the DISTRICT upon completion of the PROJECT. d. The ENGINEER will endeavor to secure compliance by Contractor with the contract requirements, but does not guarantee the performance of Contractor’s contracts. e. The ENGINEER shall provide general administration of the Construction Documents, including, but not limited to, periodic visits at the site as ENGINEER deems necessary to render architectural observation which is distinguished from the continuous personal inspection of the PROJECT inspector (in no case shall the number of visits be less than once every week); make regular reports as may be required by governing agencies; keep the DISTRICT informed of the progress of construction; answer RFI’s and review submittals promptly to maintain project schedule; review schedules and shop drawings for compliance with design; approve substitution of materials, equipment, and the laboratory reports thereof subject to DISTRICT knowledge and approval; maintain construction accounts; prepare change orders for written approval of the DISTRICT; examine Contractor’s applications for payment and issue certificates for payment in amounts approved by the Agreement between University ENGINEER and CM/ContractorDISTRICT; provide a color schedule of all materials in the PROJECT for DISTRICT’s review and approval; determine date of completion of the PROJECT; make final punch-list inspection of the PROJECT; assemble and deliver to the DISTRICT written guarantees, instruction books, diagrams, and will terminate one year after Notice charts required of Completion orthe Contractor; and issue the ENGINEER’s certificate of completion and final certificate for payment. ENGINEER shall not be compensated any fee for work required as a result of any error or omission. Errors shall be charged to the ENGINEER at 100% of corrective cost, while omissions shall be charged at a rate of 20% of the corrective cost. f. The ENGINEER, as part of their basic services, shall advise the DISTRICT of any deficiencies in construction following the acceptance of the work and prior to the expiration of the guarantee period of the PROJECT. g. The ENGINEER shall be the interpreter of the requirements of the Construction Documents and advise the DISTRICT as to the performance by the Contractor there under. h. The ENGINEER shall make recommendations to the DISTRICT on claims relating to the execution of and progress of the work and all matters and questions relating thereto. The ENGINEER’s recommendations in matters relating to artistic effect shall be consistent with the intent of the Construction documents. i. The ENGINEER shall advise the DISTRICT to reject work which does not conform to the Construction Documents. The ENGINEER shall promptly inform the DISTRICT, whenever, in the absence of a Notice of CompletionENGINEER’s opinion, one year after Final Completionit may be necessary, to stop the work to avoid the improper performance of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representativeagreement. Pre-construction meetings may be held prior The ENGINEER has authority to commencement of separate portions require additional inspection or testing of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services work in accordance with the Project Schedule (and all proposed revisions and updates thereto). provisions of the Construction Documents, whether work is fabricated, installed or completed. j. The Design Professional ENGINEER shall not issue orders to the Contractor that might commit the DISTRICT to extra expenses or otherwise amend the Construction Documents without first obtaining the written approval of the DISTRICT. k. The ENGINEER shall be fully responsible for all matters related to the Design ProfessionalDISTRICT’s design representative during construction and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and the DISTRICT. The ENGINEER shall keep University Representative informed have authority to act on behalf of the observed progress DISTRICT only to the extent provided in this agreement unless otherwise modified in writing. l. The ENGINEER shall at no additional cost provide services made necessary by defect or deficiencies in the work of the WorkContractor which through reasonable care should have been discovered by the ENGINEER and promptly reported to the DISTRICT and Contractor, but which ENGINEER failed to do. m. The ENGINEER shall review and certify the amounts due the Contractor. The Design Professional ENGINEER’s certification for payment shall render written or graphic interpretations constitute a representation to the DISTRICT, based on the ENGINEER’s observations and decisions inspections at the site, that are consistent the work has progressed to the level certified, that quality of the work is in accordance with the intent ofConstruction Documents and that the Contractor is entitled to payment in the amount certified. n. The ENGINEER shall review and approve or take other appropriate action upon Contractor’s submittals of shop drawings, product data, and reasonably inferable from, samples for the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, purpose of checking for conformance with the UniversityConstruction Documents. The ENGINEER’s Representativeaction shall not delay the work, the equivalence of proposed substitutions but should allow for materials, products, or services specified by brand or trade names sufficient time in the Contract ENGINEER’s professional judgment to permit adequate review. o. The ENGINEER shall prepare change orders with supporting documentation and data for the DISTRICT’s review in accordance with the Construction Documents, and may authorize minor changes in the work not involving an adjustment in the contract sum or an extension of time. The ENGINEER shall promptly evaluate and make written recommendations regarding Contractor’s proposals for possible change orders in order to maintain project schedule and resolve claims. ENGINEER shall, at ENGINEER ‘s expense, prepare a set of reproducible record drawings, as well as AutoCAD and PDF versions, acceptable to the District, showing significant change in the work made during construction based on marked-up prints, drawings, addenda, change orders, RFI responses, show drawings, and other data furnished by the Contractor to the ENGINEER. p. The ENGINEER shall inspect the PROJECT to determine the date or dates of final completion, receive and forward to the DISTRICT for the DISTRICT’s review all written warranties and related documents required by the Construction Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance issue a final certificate for payment upon Contractor compliance with the requirements of the Project Schedule (Construction Documents. q. The ENGINEER shall provide written evaluation of the performance of the Contractor under the requirements of the Construction Documents when requested in writing by the DISTRICT. r. The ENGINEER shall provide services in connection with evaluating substitutions proposed by the Contractor and all proposed making subsequent revisions to drawings, specifications and updates thereto). other documentation resulting there from. s. The Design Professional ENGINEER shall perform all Construction Phase services be responsible for gathering information and processing forms required by applicable governing authorities, such as DSA closure with certification and local Fire Departments, in a timely mannermanner and ensure proper PROJECT close-out. t. The ENGINEER shall evaluate and render written recommendations, as required by the Project Schedule (and within a reasonable time on all revisions and updates thereto)claims, this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, disputes or other functions pursuant matters at issue between the DISTRICT and Construction Manager or Contractor relating to this Agreement do not cause the execution or contribute to a disruption of construction or a delay in completion progress of the Projectwork as provided in the construction contract. Under no circumstances should this evaluation take longer than 20 calendar days from the date the claim is received by ENGINEER. 2.6.4 Design Professional shallu. The ENGINEER shall prepare, in versions acceptable to the District, AutoCAD and PDF files of all as-built conditions in concert with item “o” above, at no cost additional cost. v. Prior to Universitystart of construction, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts the following two documents are required: (i) Contract Information Form DSA-102. (ii) Inspector Qualification Record Form DSA-5 should be Submitted 10 days prior to the time of starting construction. w. The ENGINEER shall provide assistance in the Construction Documents prepared by Design Professional utilization of equipment or Design Professional’s consultants promptly upon discovery or notice. The obligations systems such as testing, adjusting and balancing, preparation of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professionaloperation and maintenance manuals, training personnel for operation and maintenance and consultation during operation.

Construction Phase. 2.6.1 a. Prior to the start of construction, the ARCHITECT shall certify that the following two documents have been submitted to DSA: (1) Contract Information Form DSA-102. (2) Inspector Qualification Record Form DSA-5 should be submitted 10 days prior to the time of starting construction. b. The Construction Phase will commence on with the date established by award of the Agreement between University Construction Contract to Contractor. c. The ARCHITECT shall reproduce five (5) sets of Construction Documents and CM/Contractorall progress prints for the DISTRICT’s and the DISTRICT’s consultant’s use at the ARCHITECT’s expense. d. The ARCHITECT shall provide technical direction to a full-time Project Inspector employed by, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited responsible to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely mannerDISTRICT, as required by applicable law. The ARCHITECT shall direct and monitor the work of the Laboratory of Record as required by applicable law and provide code required supervision of Special Inspectors not provided by the Laboratory of Record. Upon the DISTRICT’s award of a Construction Contract to the Contractor, the ARCHITECT shall obtain the necessary Project Inspection Cards (“PIC”) (Form DSA 152) from the DSA that are needed for the Project Schedule (Inspector’s use in approving and all revisions signing off work on the PROJECT as it is completed by the Contractor. The ARCHITECT shall verify that the Project Inspector has the appropriate amount of PIC’s that are needed for the inspection and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectentire PROJECT prior to the commencement of any work by the Contractor on the PROJECT. The ARCHITECT shall provide the Project Inspector, Laboratory of Record and each Special Inspector with a copy of the DSA approved Construction Documents including, but not limited to, the approved Statement of Structural Tests and Special Inspections (Form DSA 103) prior to the commencement of any work on the PROJECT at the ARCHITECT’s expense. 2.6.4 Design Professional shalle. The ARCHITECT shall meet with the Project Inspector, at no cost DISTRICT, Contractor, Laboratory of Record and Special Inspectors as needed throughout the completion of the PROJECT to Universityverify, satisfactorily correct acknowledge and coordinate the testing and special inspection program required by the DSA approved Construction Documents. f. The ARCHITECT shall prepare Interim Verified Reports (Form DSA 6-AE) and submit such Interim Verified Reports to DSA, the Project Inspector and the DISTRICT prior to the Project Inspector’s approval and sign off of any of the following sections of the PROJECT’s PIC’s as applicable: (1) Initial Site Work and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Foundations Preparation; (2) Vertical and Horizontal Framing; (3) Appurtenances; (4) Finish Site Work shall not in any way limit any other obligations of Design Professional.and Other Work;

Construction Phase. 2.6.1 a. The Construction Phase will commence on with the date established award of the Construction Contract to Contractor. b. The ARCHITECT shall reproduce fifteen (15) full size sets of contract documents and all progress prints for the DISTRICT’s and consultants’ use at the ARCHITECT’s expense. The remaining sets are to be provided as reimbursable expenses in conformance with Article XI. c. The ARCHITECT shall provide technical direction to a full time PROJECT inspector employed by and responsible to the DISTRICT as required by applicable law. The ARCHITECT shall advise the Contractor in the preparation of a marked set of prints indicating dimensioned location of buried utility lines (record drawings) which shall be forwarded to the DISTRICT upon completion of the PROJECT. d. The ARCHITECT will endeavor to secure compliance by Contractor with the contract requirements, but does not guarantee the performance of Contractor’s contracts. e. The ARCHITECT shall provide general administration of the Construction Documents, including, but not limited to, periodic visits at the site as ARCHITECT deems necessary to render architectural observation which is distinguished from the continuous personal inspection of the PROJECT inspector (in no case shall the number of visits be less than once every week); make regular reports as may be required by governing agencies; keep the DISTRICT informed of the progress of construction; answer RFI’s and review submittals promptly to maintain project schedule; review schedules and shop drawings for compliance with design; approve substitution of materials, equipment, and the laboratory reports thereof subject to DISTRICT knowledge and approval; maintain construction accounts; prepare change orders for written approval of the DISTRICT; examine Contractor’s applications for payment and issue certificates for payment in amounts approved by the Agreement between University ARCHITECT and CM/ContractorDISTRICT; provide a color schedule of all materials in the PROJECT for DISTRICT’s review and approval; determine date of completion of the PROJECT; make final punch-list inspection of the PROJECT; assemble and deliver to the DISTRICT written guarantees, instruction books, diagrams, and will terminate one year after Notice charts required of Completion orthe Contractor; and issue the ARCHITECT’s certificate of completion and final certificate for payment. ARCHITECT shall not be compensated any fee for work required as a result of any error or omission. Errors shall be charged to the ARCHITECT at 100% of corrective cost, while omissions shall be charged at a rate of 20% of the corrective cost. f. The ARCHITECT, as part of his/her basic services, shall advise the DISTRICT of any deficiencies in construction following the acceptance of the work and prior to the expiration of the guarantee period of the PROJECT. g. The ARCHITECT shall be the interpreter of the requirements of the Construction Documents and advise the DISTRICT as to the performance by the Contractor there under. h. The ARCHITECT shall make recommendations to the DISTRICT on claims relating to the execution of and progress of the work and all matters and questions relating thereto. The ARCHITECT’s recommendations in matters relating to artistic effect shall be consistent with the intent of the Construction documents. i. The ARCHITECT shall advise the DISTRICT to reject work which does not conform to the Construction Documents. The ARCHITECT shall promptly inform the DISTRICT, whenever, in the absence of a Notice of CompletionARCHITECT’s opinion, one year after Final Completionit may be necessary, to stop the work to avoid the improper performance of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representativeagreement. Pre-construction meetings may be held prior The ARCHITECT has authority to commencement of separate portions require additional inspection or testing of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services work in accordance with the Project Schedule (and all proposed revisions and updates thereto). provisions of the Construction Documents, whether work is fabricated, installed or completed. j. The Design Professional ARCHITECT shall not issue orders to the Contractor that might commit the DISTRICT to extra expenses or otherwise amend the Construction Documents without first obtaining the written approval of the DISTRICT. k. The ARCHITECT shall be fully responsible for all matters related to the Design ProfessionalDISTRICT’s design representative during construction and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and the DISTRICT. The ARCHITECT shall keep University Representative informed have authority to act on behalf of the observed progress DISTRICT only to the extent provided in this agreement unless otherwise modified in writing. l. The ARCHITECT shall at no additional cost provide services made necessary by defect or deficiencies in the work of the WorkContractor which through reasonable care should have been discovered by the ARCHITECT and promptly reported to the DISTRICT and Contractor, but which ARCHITECT failed to do. m. The ARCHITECT shall review and certify the amounts due the Contractor. The Design Professional ARCHITECT’s certification for payment shall render written or graphic interpretations constitute a representation to the DISTRICT, based on the ARCHITECT’s observations and decisions inspections at the site, that are consistent the work has progressed to the level certified, that quality of the work is in accordance with the intent ofConstruction Documents and that the Contractor is entitled to payment in the amount certified. n. The ARCHITECT shall review and approve or take other appropriate action upon Contractor’s submittals of shop drawings, product data, and reasonably inferable from, samples for the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, purpose of checking for conformance with the UniversityConstruction Documents. The ARCHITECT’s Representativeaction shall not delay the work, the equivalence of proposed substitutions but should allow for materials, products, or services specified by brand or trade names sufficient time in the Contract ARCHITECT’s professional judgment to permit adequate review. o. The ARCHITECT shall prepare change orders with supporting documentation and data for the DISTRICT’s review in accordance with the Construction Documents, and may authorize minor changes in the work not involving an adjustment in the contract sum or an extension of time. The ARCHITECT shall promptly evaluate and make written recommendations regarding Contractor’s proposals for possible change orders in order to maintain project schedule and resolve claims. ARCHITECT shall, at ARCHITECT’s expense, prepare a set of reproducible record drawings, as well as AutoCAD and PDF versions, acceptable to the District, showing significant change in the work made during construction based on marked-up prints, drawings, addenda, change orders, RFI responses, show drawings, and other data furnished by the Contractor to the ARCHITECT. p. The ARCHITECT shall inspect the PROJECT to determine the date or dates of final completion, receive and forward to the DISTRICT for the DISTRICT’s review all written warranties and related documents required by the Construction Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance issue a final certificate for payment upon Contractor compliance with the requirements of the Project Schedule (Construction Documents. q. The ARCHITECT shall provide written evaluation of the performance of the Contractor under the requirements of the Construction Documents when requested in writing by the DISTRICT. r. The ARCHITECT shall provide services in connection with evaluating substitutions proposed by the Contractor and all proposed making subsequent revisions to drawings, specifications and updates thereto). other documentation resulting there from. s. The Design Professional ARCHITECT shall perform all Construction Phase services be responsible for gathering information and processing forms required by applicable governing authorities, such as DSA closure with certification and local Fire Departments, in a timely mannermanner and ensure proper PROJECT close-out. t. The ARCHITECT shall evaluate and render written recommendations, as required by the Project Schedule (and within a reasonable time on all revisions and updates thereto)claims, this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, disputes or other functions pursuant matters at issue between the DISTRICT and Construction Manager or Contractor relating to this Agreement do not cause the execution or contribute to a disruption of construction or a delay in completion progress of the Projectwork as provided in the construction contract. Under no circumstances should this evaluation take longer than 20 calendar days from the date the claim is received by ARCHITECT. 2.6.4 Design Professional shallu. The ARCHITECT shall prepare, in versions acceptable to the District, AutoCAD and PDF files of all as-built conditions in concert with item “o” above, at no cost additional cost. v. Prior to Universitystart of construction, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts the following two documents are required: (i) Contract Information Form DSA-102. (ii) Inspector Qualification Record Form DSA-5 should be Submitted 10 days prior to the time of starting construction. w. The ARCHITECT shall provide assistance in the Construction Documents prepared by Design Professional utilization of equipment or Design Professional’s consultants promptly upon discovery or notice. The obligations systems such as testing, adjusting and balancing, preparation of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professionaloperation and maintenance manuals, training personnel for operation and maintenance and consultation during operation.

Construction Phase. 2.6.1 a. Prior to the start of construction, the ARCHITECT shall certify that the following documents have been submitted to DSA: (1) Contract Information Form DSA-102. (2) Inspector Qualification Record Form DSA-5 should be submitted ten (10) days prior to the time of starting construction.‌ b. The Construction Phase will commence on with the date established by the Agreement between University and CM/Contractor, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, award of the entire WorkConstruction Contract to Contractor. 2.6.2 Design Professional c. The ARCHITECT shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement reproduce five (5) sets of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (Construction Documents and all proposed updates progress prints for the DISTRICT’s and revisions thereto); providing comments the DISTRICT’s consultant’s use at the ARCHITECT’s expense. Any additional sets are to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time be provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken as reimbursable expenses in conformance with the Article XI. d. The ARCHITECT shall provide technical direction to a full-time Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent ofInspector employed by, and reasonably inferable fromresponsible to, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely mannerDISTRICT, as required by applicable law. The ARCHITECT shall direct and monitor the work of the Laboratory of Record as required by applicable law and provide code required supervision of Special Inspectors not provided by the Laboratory of Record. Upon the DISTRICT’s award of a Construction Contract to the Contractor, the ARCHITECT shall obtain the necessary Project Inspection Cards (“PIC”) (Form DSA 152) from the DSA that are needed for the Project Schedule (Inspector’s use in approving and all revisions signing off work on the PROJECT as it is completed by the Contractor. The ARCHITECT shall verify that the Project Inspector has the appropriate amount of PIC’s that are needed for the inspection and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectentire PROJECT prior to the commencement of any work by the Contractor on the PROJECT. The ARCHITECT shall provide the Project Inspector, Laboratory of Record and each Special Inspector with a copy of the DSA approved Construction Documents including, but not limited to, the approved Statement of Structural Tests and Special Inspections (Form DSA 103) prior to the commencement of any work on the PROJECT at the ARCHITECT’s expense. 2.6.4 Design Professional shalle. The ARCHITECT shall meet with the Project Inspector, at no cost DISTRICT, Contractor, Laboratory of Record and Special Inspectors as needed throughout the completion of the PROJECT to Universityverify, satisfactorily correct acknowledge and coordinate the testing and special inspection program required by the DSA approved Construction Documents.‌ f. The ARCHITECT shall prepare Interim Verified Reports (Form DSA 6-AE) and submit such Interim Verified Reports to DSA, the Project Inspector and the DISTRICT prior to the Project Inspector’s approval and sign off of any of the following sections of the PROJECT’s PIC’s as applicable: (1) Initial Site Work and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Foundations Preparation; (2) Vertical and Horizontal Framing; (3) Appurtenances; (4) Finish Site Work shall not in any way limit any other obligations of Design Professional.and Other Work;

Construction Phase. 2.6.1 a. Prior to the start of construction, the ARCHITECT shall certify that the following documents have been submitted to DSA: (1) Contract Information Form DSA-102. (2) Inspector Qualification Record Form DSA-5 should be submitted 10 days prior to the time of starting construction. b. The Construction Phase will commence on with the date established by award of the Agreement between University Construction Contract to Contractor. c. The ARCHITECT shall reproduce five (5) sets of Construction Documents and CM/Contractorall progress prints for the DISTRICT’s and the DISTRICT’s consultant’s use at the ARCHITECT’s expense. d. The ARCHITECT shall provide technical direction to a full-time Project Inspector employed by, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited responsible to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely mannerDISTRICT, as required by applicable law. The ARCHITECT shall direct and monitor the work of the Laboratory of Record as required by applicable law and provide code required supervision of Special Inspectors not provided by the Laboratory of Record. Upon the DISTRICT’s award of a Construction Contract to the Contractor, the ARCHITECT shall obtain the necessary Project Inspection Cards (“PIC”) (Form DSA 152) from the DSA that are needed for the Project Schedule (Inspector’s use in approving and all revisions signing off work on the PROJECT as it is completed by the Contractor. The ARCHITECT shall verify that the Project Inspector has the appropriate amount of PIC’s that are needed for the inspection and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectentire PROJECT prior to the commencement of any work by the Contractor on the PROJECT. The ARCHITECT shall provide the Project Inspector, Laboratory of Record and each Special Inspector with a copy of the DSA approved Construction Documents including, but not limited to, the approved Statement of Structural Tests and Special Inspections (Form DSA 103) prior to the commencement of any work on the PROJECT at the ARCHITECT’s expense. 2.6.4 Design Professional shalle. The ARCHITECT shall meet with the Project Inspector, at no cost DISTRICT, Contractor, Laboratory of Record and Special Inspectors as needed throughout the completion of the PROJECT to Universityverify, satisfactorily correct acknowledge and coordinate the testing and special inspection program required by the DSA approved Construction Documents. f. The ARCHITECT shall prepare Interim Verified Reports (Form DSA 6-AE) and submit such Interim Verified Reports to DSA, the Project Inspector and the DISTRICT prior to the Project Inspector’s approval and sign off of any of the following sections of the PROJECT’s PIC’s as applicable: (1) Initial Site Work and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Foundations Preparation; (2) Vertical and Horizontal Framing; (3) Appurtenances; (4) Finish Site Work shall not in any way limit any other obligations of Design Professional.and Other Work;

Construction Phase. 2.6.1 5.7.1 The Construction Phase will commence construction phase for the project shall begin on the date established stated in the official Notice to Proceed. 5.7.2 All instructions to the Contractor shall be forwarded through the Architect unless otherwise directed by the Agreement between University District. The Architect shall advise and CM/Contractor, and will terminate one year after Notice of Completion or, consult with the District in the absence of a Notice of Completion, one year after Final Completion, general administration of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representativeproject. Pre-construction meetings may be held prior The Architect will have authority to commencement of separate portions act on behalf of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by District only to the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of extent provided in the Contract Documents; periodic site observations; review , unless District grants additional authority in writing. 5.7.3 The Architect shall timely provide District with copies of submittals; review all of its correspondence with the Contractors. 5.7.4 The Architect shall provide prompt and timely direction to the District, project inspectors and/or contractors as to the interpretation of Contract Documents. Architect shall respond to all requests for information (“RFI’s”) from a Contractor within fourteen (14) calendar days of receipt, unless the subject of the Project Schedule (RFI is impacting, or may impact, the critical path of the project and all proposed updates and revisions thereto); providing comments is causing, or may cause, delay, in which case the Architect shall respond as soon as possible, if not immediately. If the Architect is not able to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement take action within the time provided in proposed revisions and updates required due to reasons beyond Architect’s control, the Project ScheduleArchitect may take action within a reasonable period of time under the circumstances; providing cost or schedule analysis for field or change orders; preparation however, the Architect shall make such determination within seven (7) calendar days of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities receipt of the Design Professional pursuant RFI, and shall notify the District and Contractor immediately after such determination with an explanation as to this Agreementwhy the Architect cannot take action within the time required, what the Architect is doing to expedite its response, when the Architect expects to be able to issue a response, and what action, if any, should be taken by District or Contractor in the meantime to mitigate delays and/or costs. 5.7.5 Based on information provided by the Contractor and Architect’s own knowledge of the project (including documents in Architect’s possession or reasonably available to it), Architect shall review the contractor’s set of as‐built record drawings for accuracy as to dimensions and locations of all work, including but not limited to services provided during the Construction Phaseburied utility lines and mechanical, electrical and plumbing layouts, which shall be undertaken forwarded to the District upon completion of the project. While Architect cannot guarantee precise accuracy of such drawings, Architect shall exercise reasonable care in reviewing such drawings to determine their general compliance with the Contract Documents. Architect shall have no responsibility for their conformity to field conditions, except that in the event that the Architect, consistent with standards of due care, becomes aware of non‐conformity with field conditions, Architect shall have a duty immediately to notify the District in writing. Architect shall also review the contractor assembled all written guarantees, instruction books, operation and maintenance manuals, diagrams, charts and other documents required of Contractors and deliver to the District. 5.7.6 The Architect shall require the contractor within the contract documents to be responsible for the preparation and submission of any notifications regarding excavation in areas which are known or suspected to contain subsurface installations pursuant to Government Code section 4216, et seq. The Architect will delegate this responsibility to a Contractor if such power to delegate was included in the Contract Documents and bid package, but Architect shall remain responsible for supervising such Contractor to ensure performance of this task. Architect shall provide a copy of all such notifications to the District. 5.7.7 The Architect shall, at all times, have access to the project wherever it is in preparation and progress. To the extent reasonably possible given Contractor’s work in progress, the District shall provide such access so that the Architect may perform its functions under the Agreement and Contract Documents. 5.7.8 In the discharge of its duties of observation and interpretation, the Architect shall require Contractors to comply with the Contract Documents, and shall guard the District against defects and deficiencies in the work of the Contractor. The Architect shall advise and consult with the District and inspectors concerning the Contractor's compliance with the Contract Documents and shall assist the District and inspectors in securing the Contractor's compliance. 5.7.9 The Architect shall visit the site of each project (both as the Architect deems necessary and as requested by the District, but under no circumstances less than once per week during construction unless construction activities have ceased or slowed due to weather or other reasons, to maintain familiarity with the quality and progress of the project, to determine that the Contractor’s work substantially complies with all documents, drawings, plans and specifications and that the project is progressing in substantial accordance with the Contract Documents. Such observations are to be distinguished from the continuous inspection provided by the Project inspector unless Architect has agreed in writing to serve as the District’s Project inspector. 5.7.10 The Architect shall notify the District promptly of any significant defect in materials, equipment or workmanship, and of any default by any Contractor in the orderly and timely prosecution of the project. Architect will exercise reasonable care in the discharge of Architect's obligation to discover significant defects and faults. 5.7.11 The Architect shall review and approve, take exception to, or take other appropriate action upon all schedules, shop drawings, samples and other submissions of the Contractor to determine general conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professionalproject’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services specifications as those services are described set forth in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor All such action shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed taken within fourteen (14) days of receipt of the observed progress submittals, unless the critical path of the Workproject is impacted in which case Architect shall take such action as soon as possible. The Design Professional shall render written or graphic interpretations and decisions that are consistent with If Architect is not able to take such action within the intent of, and reasonably inferable fromrequired time due to reasons beyond Architect’s control, the Contract DocumentsArchitect may take action within a reasonable period of time under the circumstances; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representativehowever, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services Architect shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Project. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.make such determination within four

Construction Phase. 2.6.1 The Construction Phase Provide inspections and testing of the building envelope system to include but not limited to the following: • Inspect the work of the construction contractor for progress, workmanship, and conformance with the approved contract documents and applicable codes and regulations for the building envelope system. • Coordinate and track all required envelope and special testing. • When work is found to be in non-conformance, document the deficiencies and promptly provide notification of the deficiencies to the A&M System member and the GC • Verify that deficiencies have been corrected and/or approved by applicable party • For each site visit provide field report with photos on each pertinent building system under construction. • Bring proper personal protective equipment (safety harness, vest, etc.) and tools (feeler gauge, wrenches, etc.) to accomplish inspection/testing. • Notify field inspector prior to visit if ladders, lifts, or other equipment will commence on be needed to perform inspection/ testing. Directly notify general contractor the date and time of the inspection/testing so the subcontractors can make the site available. • Provide a field report of the onsite mock up review. • Perform infrared survey of the building envelope. • Perform fastener pull out tests. • Perform a building envelope condition assessment. The A&M System reserves the right on each assignment to authorize all or any part of the above subject areas and/or work tasks as the A&M System deems necessary for the individual project. The scope to be performed will be set forth in each work authorization and be based on established unit rates and a proposal of units from the Provider for the particular assignment. A purchase order will prescribe a scope of work with a not-to-exceed fee for each assignment. Project Management Information Systems and Provider may be expected to fully utilize these programs. There is no fee for licenses and training in College Station will be provided at no additional cost. Items to Note: • The scope to be performed will be set forth in each project authorization and be based on established normalized unit rates and a proposal of units from the Provider for the particular assignment. A purchase order will prescribe a scope of work with a not-to-exceed fee for each assignment. • Building envelope services required by the Agreement between University and CM/ContractorA&M System members will vary, and will terminate one year after Notice be determined on a project- by-project basis. 1 Principal hr. $ 235.00 2 Senior Architect hr. $ 190.00 3 Architect hr. $ 168.00 4 Senior Engineer hr. $ 190.00 5 Engineer hr. $ 168.00 6 Engineer in Training (EIT) hr. $ 115.00 7 Senior Project Manager hr. $ 190.00 8 Project Manager hr. $ 150.00 9 Asst Project Manager hr. $ 130.00 10 Senior Designer / 3D Specialist hr. $ 115.00 11 Designer / Senior CAD Draftsman hr. $ 105.00 12 CAD Draftsman hr. $ 80.00 13 Technical Writer hr. $ 65.00 14 Senior Field Specialist hr. $ 110.00 15 Field Specialist hr. $ 90.00 16 Testing Team Leader hr. $ 130.00 17 Testing Technicians hr. $ 95.00 18 Rigging Specialist hr. $ 75.00 19 Skilled Labor hr. $ 48.00 20 Common Laborer hr. $ 43.00 21 Clerical hr. $ 55.00 22 Senior Envelope Consultant hr. $ 163.00 23 Envelope Specialist 3 hr. $ 143.00 24 Senior Roofing / Waterproofing Professional, RRC hr. $ 163.00 25 Roofing / Waterproofing Professional, RRO hr. $ 120.00 26 Senior Technician - Roofing / Waterproofing hr. $ 92.00 27 Technician - Roofing / Waterproofing hr. $ 82.00 28 Tramex Meter da. $ 64.00 29 Nuclear Moisture Meter da. $ 64.00 30 Restricted Access Vehicle (ATV) da. $ 85.00 31 34' Mobile Response Trailer da. $ 210.00 32 8 x 10 Mobile Office da. $ 95.00 33 20' Enclosed Trailer da. $ 215.00 34 20' Low Boy Trailer da. $ 190.00 35 Water Testing Tank / Trailer da. $ 220.00 36 Manometer da. $ 27.00 37 Vacuum Pump (small) da. $ 53.00 38 Vacuum Pump (large) da. $ 98.00 39 2" Gas Powered Water Pump da. $ 92.00 40 Electrical Booster Pump da. $ 49.00 41 AAMA Wands da. $ 92.00 42 75' Hoses da. $ 13.00 43 Gas Powered Welding / Cutting Rig da. $ 70.00 44 Generator da. $ 118.00 45 Dehumidification Fans da. $ 79.00 46 Rope Access Equipment da. $ 110.00 47 Swing Stage da. $ 295.00 48 Scaffolding da. $ 192.00 49 Scissor lift da. $ 220.00 50 Water Extraction Machine da. $ 91.00 51 Roof Uplift Chamber da. $1,450.00 52 Infrared Camera da. $ 390.00 53 Bore Scope Camera da. $ 245.00 54 Fastener Pull Out Tester da. $ 77.00 55 Water Distribution Rack with gages sf. $ 8.00 56 Vacuum Chamber sf. $ 11.00 57 Round Trip Charge ea. $ 120.00 58 Mileage mi. State Rate 59 Meals da. State Rate 60 Hotel da. State Rate Printing (Color or BW) 61 8.5 x 11 ea. $ 0.22 62 8.5 x 14 ea. $ 0.28 63 11 x 17 ea. $ 0.33 64 18 x 24 ea. $ 1.00 65 24 x 36 ea. $ 1.80 66 30 x 42 ea. $ 4.00 PROVIDER shall obtain and maintain, for the duration of Completion orthis Agreement or longer, the minimum insurance coverage set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the absence State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a Notice financial strength rating of CompletionA- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to A&M System. By requiring such minimum insurance, one year after Final Completion, of the entire Work. 2.6.2 Design Professional Owner shall attend and participate in all pre-construction meetings called by not be deemed or construed to have assessed the University’s Representative. Pre-construction meetings risk that may be held prior applicable to commencement PROVIDER under this Agreement. PROVIDER shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. PROVIDER is not relieved of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities any liability or other obligations assumed pursuant to this Agreement within by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to A&M System at least ten days before the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities effective date of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectcancellation. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.

Construction Phase. 2.6.1 a. Prior to the start of construction, the ARCHITECT shall certify that the following two documents have been submitted to DSA: (1) Contract Information Form DSA-102. (2) Inspector Qualification Record Form DSA-5 should be submitted 10 days prior to the time of starting construction. b. The Construction Phase will commence on with the date established by award of the Agreement between University Construction Contract to Contractor. c. The ARCHITECT shall reproduce five (5) sets of Construction Documents and CM/Contractorall progress prints for the DISTRICT’s and the DISTRICT’s consultant’s use at the ARCHITECT’s expense. d. The ARCHITECT shall provide technical direction to a full-time Project Inspector employed by, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited responsible to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely mannerDISTRICT, as required by applicable law. The ARCHITECT shall direct and monitor the work of the Laboratory of Record as required by applicable law and provide code required supervision of Special Inspectors not provided by the Laboratory of Record. Upon the DISTRICT’s award of a Construction Contract to the Contractor, the ARCHITECT shall obtain the necessary Project Inspection Cards (“PIC”) (Form DSA 152) from the DSA that are needed for the Project Schedule (Inspector’s use in approving and all revisions signing off work on the PROJECT as it is completed by the Contractor. The ARCHITECT shall verify that the Project Inspector has the appropriate amount of PIC’s that are needed for the inspection and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectentire PROJECT prior to the commencement of any work by the Contractor on the PROJECT. The ARCHITECT shall provide the Project Inspector, Laboratory of Record and each Special Inspector with a copy of the DSA approved Construction Documents including, but not limited to, the approved Statement of Structural Tests and Special Inspections (Form DSA 103) prior to the commencement of any work on the PROJECT at the ARCHITECT’s expense. 2.6.4 Design Professional shalle. The ARCHITECT shall meet with the Project Inspector, at no cost DISTRICT, Contractor, Laboratory of Record and Special Inspectors as needed throughout the completion of the PROJECT to Universityverify, satisfactorily correct acknowledge and coordinate the testing and special inspection program required by the DSA approved Construction Documents. f. The ARCHITECT shall prepare Interim Verified Reports (Form DSA 6-AE) and submit such Interim Verified Reports to DSA, the Project Inspector and the DISTRICT prior to the Project Inspector’s approval and sign off of any and all errors, omissions, deficiencies, or conflicts in of the Construction Documents prepared by Design Professional or Design Professionalfollowing sections of the PROJECT’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.PIC’s as applicable: (1) Initial Site Work; (2) Foundation; (3) Vertical Framing;

Construction Phase. 2.6.1 The Construction Phase will commence on Within fifteen (15) Business Days of receipt and approval of the date established 100% Engineering Documents and copies of all Governmental Approvals by the Agreement between University Owner necessary to begin construction of the Project Owner shall issue a Notice to Proceed to Procurement and CM/Construction. Upon receipt of the Notice to Proceed to Procurement and Construction, Contractor shall facilitate, or cooperate with Owner in its efforts to facilitate, a kick- off meeting with Owner, any Owner representatives, Contractor, and will terminate one year after Notice of Completion orany other relevant Party to this Agreement. Following the kick-off meeting, in Contractor shall commence the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (in accordance with the 100% Engineering Documents and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/other Contract Documents. When Contractor costbelieves it has achieved Substantial Completion, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities Contractor shall notify Owner of the Design Professional pursuant to this Agreement, including but not limited to services provided during same certifying completion of the Construction Phase. Within ten (10) Business Days after Contractor’s submission or Owner’s independent receipt of all items required for Substantial Completion, Owner shall be undertaken either (i) acknowledge and agree in a writing delivered to Contractor that the Construction Phase has been satisfactorily completed, or (ii) advise Contractor by written notice that Substantial Completion has not been achieved and identify any missing items or defects or deficiencies in the Work for which Contractor is responsible or any other reason why the requirements of Substantial Completion have not been met. Completion of the Construction Phase requires that: (i) The Project has been built in conformance with the Project Schedule (terms and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all conditions of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Utility; (ii) The Project Schedule (complies with all applicable Legal Requirements and has passed all required inspections by any applicable Governmental Authority and all proposed revisions applicable Governmental Approvals have been received and updates thereto). The Design Professional copies thereof have been delivered to the Owner; (iii) Submission of a written request to schedule the Utility permission to operate inspection and a copy thereof provided to the Owner. (iv) Contractor shall perform all Construction Phase services in have delivered a timely mannertrue, as required correct, and complete certification of Substantial Completion signed by the Project Schedule (and all revisions and updates thereto), this Agreement Contractor and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the ProjectEngineer. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.

Construction Phase. 2.6.1 5.7.1 The Construction Phase will commence construction phase shall begin on the date established stated in the official Notice to Proceed. 5.7.2 All instructions to the Contractor shall be forwarded through the Architect unless otherwise directed by the Agreement between University District. The Architect shall advise and CM/Contractor, and will terminate one year after Notice of Completion or, consult with the District in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions general administration of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by The Architect will have authority to act on behalf of the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of District only to the extent provided in the Contract Documents; periodic site observations; review , unless District grants additional authority in writing. 5.7.3 The Architect shall timely provide District with copies of submittals; review all of its correspondence with the Contractor. 5.7.4 The Architect shall provide prompt and timely direction to the District, Project inspectors and/or Contractor as to the interpretation of Contract Documents. Architect shall respond to all requests for information (“RFI’s”) from a Contractor within fourteen (14) calendar days of receipt, unless the subject of the RFI is impacting, or may impact, the critical path of the Project Schedule (and all proposed updates and revisions thereto); providing comments is causing, or may cause, delay, in which case the Architect shall respond as soon as reasonably possible, if not immediately. If the Architect is not able to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement take action within the time required due to reasons beyond Architect’s control, the Architect may take action within a reasonable period of time under the circumstances; however, the Architect shall make such determination within seven (7) calendar days of receipt of the RFI, and shall notify the District and Contractor immediately after such determination with an explanation as to why the Architect cannot take action within the time required, what the Architect is doing to expedite its response, when the Architect expects to be able to issue a response, and what action, if any, should be taken by District or Contractor in the meantime to mitigate delays and/or costs. 5.7.5 Based on information provided in proposed revisions by the Contractor and updates to Architect’s own knowledge of the Project Schedule; providing cost (including documents in Architect’s possession or schedule analysis for field or change orders; preparation reasonably available to it), Architect shall prepare an accurate set of documents for proposed changes; review as-built record drawings indicating dimensions and locations of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreementall work, including but not limited to services provided during the Construction Phaseburied utility lines and mechanical, electrical and plumbing layouts, which shall be undertaken forwarded to the District upon completion of the Project. Architect shall have no responsibility for their conformity to field conditions, except that in the event that the Architect becomes aware of non-conformity with field conditions, Architect shall have a duty immediately to notify the District in writing. Architect shall also assemble and deliver to District all written guarantees, instruction books, operation and maintenance manuals, diagrams, charts and other documents required of Contractor. 5.7.6 The Architect shall be responsible for the preparation and submission of any notifications regarding excavation in areas which are known or suspected to contain subsurface installations under Government Code section 4216, et seq. The Architect may delegate this responsibility to a Contractor if such power to delegate was included in the Contract Documents and bid package, but Architect shall remain responsible for supervising such Contractor to ensure performance of this task. Architect shall provide a copy of all such notifications to the District. 5.7.7 The Architect shall, at all times, have access to the Project wherever it is in preparation and progress. To the extent reasonably possible given Contractor’s work in progress, the District shall provide such access so that the Architect may perform its functions under the Agreement and Contract Documents. 5.7.8 In the discharge of its duties of observation and interpretation, the Architect shall require Contractors to comply with the Contract Documents, and shall guard the District against defects and deficiencies in the work of the Contractor. The Architect shall advise and consult with the District and inspectors concerning the Contractor's compliance with the Contract Documents and shall assist the District and inspectors in securing the Contractor's compliance. Unless otherwise assigned, Architect has the primary responsibility for the Project to supervise, coordinate and manage the compliance of all parties, including the District’s Inspector of Record/Project Inspector (“IOR”), Contractor, any Construction Manager, laboratories, District and Architect itself, with the DSA Construction Oversight Process, if applicable. The Architect must comply with the applicable requirements of the DSA Construction Oversight Process, including but not limited to (a) submitting the inspection card request form (DSA 102- IC), (b) providing a verified report (DSA 6-AE) at the completion of each block and section of each inspection card, and (c) directing and monitoring the IOR and laboratories of record, and (d) coordinating with the Owner, Contractor, any Construction Manager, laboratories, and the IOR to meet the DSA Construction Oversight Process requirements without delay or added costs to the Project. The Architect shall be responsible for any additional DSA fees and delay damages related to review of proposed changes to the DSA-approved construction documents, to the extent Architect's negligence, recklessness or willful misconduct caused the additional DSA fees, and for delay damages to the extent required under Section 5.7.20.2 below. 5.7.9 The Architect shall visit the site, both as the Architect deems necessary and as requested by the District, but under no circumstances less than weekly, to maintain familiarity with the quality and progress of the Project, to determine that the Contractor’s work substantially complies with all documents, drawings, plans and specifications and that the Project is progressing in substantial accordance with the Contract Documents. Such observations are to be distinguished from the continuous inspection provided by the Project Inspector unless Architect has agreed in writing to serve as the District’s Project Inspector. 5.7.10 The Architect shall notify the District promptly of any significant defect in materials, equipment or workmanship, and of any default by any Contractor in the orderly and timely prosecution of the Project. Architect will exercise reasonable care in the discharge of Architect's obligation to discover significant defects and faults. 5.7.11 The Architect shall review and approve, take exception to, or take other appropriate action upon all schedules, shop drawings, samples and other submissions of the Contractor to determine general conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services specifications as those services are described set forth in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor All such action shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed taken within fourteen (14) days of receipt of the observed progress of submittals, unless the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements critical path of the Project Schedule (and all proposed revisions and updates thereto)is impacted in which case Architect shall take such action as soon as possible. The Design Professional If Architect is not able to take such action within the required time due to reasons beyond Architect’s control, the Architect may take action within a reasonable period of time under the circumstances; however, the Architect shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Project. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.make such determination within four

Construction Phase. 2.6.1 The After authorization from the Director to undertake the Construction Phase will commence on is issued, the date established by the Agreement between University and CM/Contractor, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, Designer shall proceed with general administration of the entire Work.construction contracts, including the following services: 2.6.2 Design Professional 3.5.1 The Designer shall attend schedule and participate in all officiate the pre-construction conference at the Project Site with prime contractors and the Project Manager. At least seven (7) days in advance, the Using Agency and the Division shall be notified of all conference schedules. Five (5) sets of construction documents shall be distributed to all prime contractors. Periodic progress meetings called shall be held under the direction of the Designer, as otherwise provided by specifications or ask required by the UniversityDivision. The Designer shall record, keep and distribute minutes of all meetings. 3.5.2 The Designer shall, upon the State’s Representative. Pre-construction meetings may request, be held prior available for consultation on matters relating to commencement of separate portions claims and to the execution and progress of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others work as deemed necessary by well as give assistance to the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, State on technical matters pertaining to the interpretation of the Contract Documents; periodic site observations; review . The Designer shall promptly check and approve samples, schedules, shop drawings and other submittals for compliance with the information contained in the Contract Documents, shall prepare change orders and shall collect all guarantees required of submittals; review contractors or suppliers. 3.5.3 The Designer shall secure the written approval of the Project Schedule (Manager prior to any substitution of any material or equipment. The Designer shall not direct any changes in scope or value of the contract work without the prior written approval of the Project Manager. 3.5.4 The Designer shall provide such interpretation and all proposed updates clarification of the Contract Documents as required for the proper construction of the Project, and revisions thereto); providing comments shall make such decisions as required by the Contract Documents at such times and in such manner as to expedite the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within proper execution of the time provided in proposed revisions and updates construction contract. 3.5.5 The Designer shall make weekly visits to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation Site when work is in progress and assess the quality, quantity and adherence of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation the work to the University on design mattersContract Documents. All responsibilities of the Design Professional pursuant The Designer shall not be responsible for a contractor's failure to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services fully complete construction work in accordance with the Contract Documents, but will determine to his professional satisfaction that the interests of the State are safeguarded. During visits to the Project Schedule (Site, and all proposed revisions on the basis of individual and updates thereto)professional observation while at the Project Site, the Designer will keep the State informed of the progress of the work, will endeavor to guard the State against defects and deficiencies in the work of contractors and may condemn work as failing to conform to the intent of the Contract Documents. 3.5.6 Based on individual and professional observations and the contractor's Application for Payment, the Designer shall determine the amount due to the contractor and will issue Certificates for Payment in such amounts. The Design Professional shall be fully responsible Certificates for all matters related Payment will constitute the official representation to the Design Professional’s design State, based on such observations, and all the information contained in the Application for Payment that the contractor has completed the project to the degree claimed in the Application for Payment, and to the professional satisfaction of the Design Professional’s recommendations Designer. By issuing a Certificate for Payment, the Designer will also represent to the University which are carried out by State that, to the University without substantive change. The Design Professional’s duties shall not include administration best of communications his/her knowledge, based on reasonable and prudent inquiry and professional observations, the quality of the work is in accordance with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided The Designer shall, within seven (7) days after receipt of the Application for Payment, issue said Certificate to the State or state in writing the reasons for it being withheld. 3.5.7 The Designer shall provide sufficient notice to the State in order to participate in the Contract Documents or as directed by Universitynecessary inspections to determine substantial completion and shall, all written communications after conferring with CM/Contractor the State's Site Representative and Project Manager, initiate a Certificate of Substantial Completion (DAPW 5). The Certificate shall be sent and received valid only upon written approval by University’s Representativethe Director. The Design Professional final Certificate for Payment shall advise follow such Substantial Completion approval. 3.5.8 The Designer shall furnish to the Division record documents demonstrating modifications made during the construction process, based on marked-up prints, drawings and consult with University Representative other relevant information furnished by the contractors to the Designer. 3.5.9 The Designer shall collect and submit to the Division two (2) sets of all warranties, guarantees, manuals and operating directions. 3.5.10 The Designer shall keep University Representative informed make an inspection of the observed Project nine (9) months after the Substantial Completion approval has been issued in conjunction with the Project Manager and prior to the expiration of the one (1) year guarantee period. The Designer shall submit a written report of the inspection results the Project Manager. 3.5.11 On the first day of each month, the Designer shall furnish to the Project Manager duplicate copies of the Monthly Planning Report (DAPW 2) specifying the progress of the Workprofessional services and construction. 3.5.12 The Designer shall submit one (1) set of record documents to the Indiana Department of Homeland Security within sixty (60) days of the Director’s acceptance of the Certificate of Substantial Completion. The Design Professional complete set of record documents shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names submitted in the Contract Documents form and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as format required by the Project Schedule (law and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectregulations. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.

Construction Phase. 2.6.1 a. The Construction Phase will commence with the award of the Construction Contract to Contractor. b. The ARCHITECT shall reproduce fifteen (15) sets of contract documents and all progress prints for the DISTRICT’s and consultant’s use at the ARCHITECT’s expense. The remaining sets are to be provided as reimbursable expenses in conformance with Article XI. c. The ARCHITECT shall provide technical direction to a full-time PROJECT inspector employed by and responsible to the DISTRICT as required by applicable law. The ARCHITECT shall advise the Contractor in the preparation of a marked set of prints indicating dimensioned location of buried utility lines (record drawings) which shall be forwarded to the DISTRICT upon completion of the PROJECT. d. The ARCHITECT will endeavor to secure compliance by Contractor with the contract requirements, but does not guarantee the performance of Contractor’s contracts. e. The ARCHITECT shall provide general administration of the Construction Documents, which includes but not limited to, ensuring that at least one ARCHITECT employee with decision making authority is present at the PROJECT site at least three times per week (“Scheduled Visits”). The Scheduled Visits shall commence as soon as construction on the date established PROJECT starts and shall continue until construction is complete. The personnel performing the Scheduled Visit shall include ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇. If ▇▇. ▇▇▇▇▇▇▇▇ is unable to attend any of the Scheduled Visits, ARCHITECT shall ensure a person employed by the Agreement between University ARCHITECT who has the authority to make decisions with respect to the PROJECT attends the Scheduled Visit. ARCHITECT shall notify the DISTRICT, in writing, of the personnel attending the Scheduled Visit. At these Scheduled Visits, ARCHITECT personnel shall make itself available to meet with the DISTRICT to discuss the progress of construction and CM/Contractoraddress DISTRICT concerns. Further, ARCHITECT shall make additional periodic visits in addition to the Scheduled Visits, at the site as ARCHITECT deems necessary to render architectural observation which is distinguished from the continuous personal inspection of the PROJECT inspector (in no case shall the number of these architectural observation visits be less than once every week); make regular reports as may be required by governing agencies; keep the DISTRICT informed of the progress of construction; review schedules and shop drawings for compliance with design; approve substitution of materials, equipment, and will terminate one year after Notice the laboratory reports thereof subject to DISTRICT knowledge and approval; maintain construction accounts; prepare change orders for written approval of Completion orthe DISTRICT; examine Contractor’s applications for payment and issue certificates for payment in amounts approved by the ARCHITECT and DISTRICT; provide a color schedule of all materials in the PROJECT for DISTRICT’s review and approval; determine date of completion of the PROJECT; make final punch-list inspection of the PROJECT; assemble and deliver to the DISTRICT written guarantees, instruction books, diagrams, and charts required of the Contractor; and issue the ARCHITECT’s certificate of completion and final certificate for payment. ARCHITECT shall comply with the background check requirements for any and all personnel who may enter DISTRICT property as set forth in Article XIII of this Agreement. f. The ARCHITECT, as part of his basic services, shall advise the DISTRICT of any deficiencies in construction following the acceptance of the work and prior to the expiration of the guarantee period of the PROJECT. g. The ARCHITECT shall be the interpreter of the requirements of the Construction Documents and advise the DISTRICT as to the performance by the Contractor thereunder. h. The ARCHITECT shall make recommendations to the DISTRICT on claims relating to the execution and progress of the work and all matters and questions relating thereto. The ARCHITECT’s recommendations in matters relating to artistic effect shall be consistent with the intent of the Construction Documents. i. The ARCHITECT shall advise the DISTRICT to reject work which does not conform to the Construction Documents. The ARCHITECT shall promptly inform the DISTRICT, whenever, in the absence of a Notice of CompletionARCHITECT’s opinion, one year after Final Completionit may be necessary, to stop the work to avoid the improper performance of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s RepresentativeAGREEMENT. Pre-construction meetings may be held prior The ARCHITECT has authority to commencement of separate portions require additional inspection or testing of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services work in accordance with the Project Schedule (and all proposed revisions and updates thereto). provisions of the Construction Documents, whether work is fabricated, installed or completed. j. The Design Professional ARCHITECT shall not issue orders to Contractor that might commit the DISTRICT to extra expenses, impede the PROJECT schedule, or otherwise amend the Construction Documents without first obtaining the written approval of the DISTRICT. k. The ARCHITECT shall be fully responsible for all matters related to the Design ProfessionalDISTRICT’s design representative during construction and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and the DISTRICT. The ARCHITECT shall keep University Representative informed have authority to act on behalf of the observed progress DISTRICT only to the extent provided in this AGREEMENT unless otherwise modified in writing. l. The ARCHITECT shall at no additional cost provide services made necessary by defect or deficiencies in the work of the WorkContractor which through reasonable care should have been discovered by the ARCHITECT and promptly reported to the DISTRICT and Contractor but which ARCHITECT failed to do. m. The ARCHITECT shall review and certify the amounts due the Contractor. The Design Professional ARCHITECT’s certification for payment shall render written or graphic interpretations constitute a representation to the DISTRICT, based on the ARCHITECT’s observations and decisions inspections at the site, that are consistent the work has progressed to the level certified, that quality of the work is in accordance with the intent ofConstruction Documents and that the Contractor is entitled to payment in the amount certified. n. The ARCHITECT shall review and approve or take other appropriate action upon Contractor’s submittals of shop drawings, product data, and reasonably inferable from, samples for the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, purpose of checking for conformance with the UniversityConstruction Documents. The ARCHITECT’s Representativeaction shall not delay the work, the equivalence of proposed substitutions but should allow for materials, products, or services specified by brand or trade names sufficient time in the Contract ARCHITECT’s professional judgment to permit adequate review. o. The ARCHITECT shall prepare change orders with supporting documentation and data for the DISTRICT’s review in accordance with the Construction Documents, and may authorize minor changes in the work not involving an adjustment in the contract sum or an extension of time. The ARCHITECT shall evaluate and make written recommendations regarding Contractor’s proposals for possible change orders. ARCHITECT shall take all steps necessary throughout its services on the PROJECT to mitigate the amount of change orders required on the PROJECT. Because the DISTRICT’s funding on the PROJECT is limited, ARCHITECT shall reimburse the DISTRICT for the total value of all approved change orders on the PROJECT that rise above two percent (2%) of the total Construction Cost, as established under Article V of this AGREEMENT. ARCHITECT shall, at ARCHITECT’s expense, prepare a set of reproducible record drawings showing significant changes in the work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the ARCHITECT. p. The ARCHITECT shall inspect the PROJECT to determine the date or dates of final completion, receive and forward to the DISTRICT for the DISTRICT’s review all written warranties and related documents required by the Construction Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance issue a final certificate for payment upon Contractor compliance with the requirements of the Project Schedule (Construction Documents. q. The ARCHITECT shall provide written evaluation of the performance of the Contractor under the requirements of the Construction Documents when requested in writing by the DISTRICT. r. The ARCHITECT shall provide services in connection with evaluating substitutions proposed by the Contractor and all proposed making subsequent revisions to drawings, specifications and updates thereto). other documentation resulting therefrom. s. The Design Professional ARCHITECT shall perform all Construction Phase services be responsible for gathering information and processing forms required by applicable governing authorities, such as building departments, OPSC, and DSA, in a timely mannermanner and ensure proper PROJECT close-out. t. The ARCHITECT shall evaluate and render written recommendations, within a reasonable time on all claims, disputes or other matters at issue between the DISTRICT and Contractor relating to the execution or progress of the work as required provided in the construction contract. Under no circumstances should this evaluation take longer than 20 calendar days from the date the claim is received by ARCHITECT. u. The ARCHITECT shall prepare an AutoCAD file (or another format approved by the Project Schedule (and DISTRICT in writing) of all revisions and updates thereto), this Agreement and as-built conditions at no additional cost within the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay timeframe set forth in completion of the ProjectArticle VII(3) below. 2.6.4 Design Professional shallv. Prior to start of construction, at no cost the following two documents are required: i. Contract Information Form DSA-102. ii. Inspector Qualification Record Form DSA-5 should be submitted 10 days prior to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts the time of starting construction. w. The ARCHITECT shall provide assistance in the Construction Documents prepared by Design Professional utilization of equipment or Design Professional’s consultants promptly upon discovery or notice. The obligations systems such as testing, adjusting and balancing, preparation of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professionaloperation and maintenance manuals, training personnel for operation and maintenance and consultation during operation.

Construction Phase. 2.6.1 a. The Construction Phase will commence on with the date established award of the Construction Contract to Contractor. b. The ARCHITECT shall reproduce fifteen (15) sets of Construction (contract) Documents and all progress prints for the DISTRICT’s and consultant’s use at the ARCHITECT’s expense. The remaining sets are to be provided as reimbursable expenses in conformance with Article XI. c. The ARCHITECT shall provide technical direction to a full-time PROJECT inspector employed by and responsible to the Agreement between University and CM/Contractor, and will terminate one year after Notice of Completion or, DISTRICT as required by applicable law. The ARCHITECT shall advise the Contractor in the absence preparation of a Notice marked set of Completion, one year after Final Completion, prints indicating dimensioned location of buried utility lines (record drawings) which shall be forwarded to the DISTRICT upon completion of the entire WorkPROJECT. 2.6.2 Design Professional d. The ARCHITECT will endeavor to secure compliance by Contractor with the contract requirements, but does not guarantee the performance of Contractor’s contracts. e. The ARCHITECT shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions provide general administration of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Construction Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during periodic visits at the site as ARCHITECT deems necessary to render architectural observation which is distinguished from the continuous personal inspection of the PROJECT inspector (in no case shall the number of visits be less than once every week); make regular reports as may be required by governing agencies; keep the DISTRICT informed of the progress of construction; review schedules and shop drawings for compliance with design; approve substitution of materials, equipment, and the laboratory reports thereof subject to DISTRICT knowledge and approval; maintain construction accounts; prepare change orders for written approval of the DISTRICT; examine Contractor’s applications for payment and issue certificates for payment in amounts approved by the ARCHITECT and DISTRICT; provide a color schedule of all materials in the PROJECT for DISTRICT’s review and approval; determine date of completion of the PROJECT; prepare a final punchlist and estimate the value of each item appearing thereon; make final punch-list inspection of the PROJECT; assemble and deliver to the DISTRICT written guarantees, instruction books, diagrams, and charts required of the Contractor; and issue the ARCHITECT’s certificate of completion and final certificate for payment. f. The ARCHITECT, as part of his basic services, shall advise the DISTRICT of any deficiencies in construction following the acceptance of the work and before the expiration of the guarantee period of the PROJECT. g. The ARCHITECT shall be the interpreter of the requirements of the Construction Phase, Documents and advise the DISTRICT as to the performance by the Contractor thereunder. h. The ARCHITECT shall make recommendations to the DISTRICT on claims relating to the execution and progress of the work and all matters and questions relating thereto. The ARCHITECT’s recommendations in matters relating to artistic effect shall be undertaken in conformance consistent with the Project Schedule (and all revisions and updates thereto)intent of the Construction Documents. i. The ARCHITECT shall advise the DISTRICT to reject work, which does not conform to the Construction Documents. Design Professional The ARCHITECT shall employ and assign adequate professional staff and subconsultants promptly inform the DISTRICT, whenever, in the ARCHITECT’s opinion, it may be necessary, to ensure its ability stop the work to perform services avoid the improper performance of the AGREEMENT. The ARCHITECT has authority to require additional inspection or testing of the work in accordance with the Project Schedule (provisions of the Construction Documents, whether work is fabricated, installed or completed. j. The ARCHITECT shall not issue orders to the Contractor that might commit the DISTRICT to extra expenses or otherwise amend the Construction Documents without first obtaining the written approval of the DISTRICT. k. The ARCHITECT shall act at all times in the best interest of the DISTRICT and all proposed revisions shall administer, on behalf of the DISTRICT, the construction contract between the DISTRICT and updates thereto)the Contractor. The Design Professional shall be fully responsible for all matters related ARCHITECT does not have authority to issue change orders or to bind the DISTRICT to any changes to the Design Professional’s design and all Construction Documents that would result in an increase in the original contract time or amount. The ARCHITECT shall have authority to act on behalf of the Design Professional’s recommendations DISTRICT only to the University extent provided in this AGREEMENT, unless otherwise modified in writing. l. The ARCHITECT shall at no additional cost provide services made necessary by defect or deficiencies in the work of the Contractor which are carried out through reasonable care should have been discovered by the University without substantive changeARCHITECT and promptly reported to the DISTRICT and Contractor but which ARCHITECT failed to do. m. The ARCHITECT shall review and certify the amounts due the Contractor. The Design ProfessionalARCHITECT’s duties certification for payment shall constitute a representation to the DISTRICT, based on the ARCHITECT’s observations and inspections at the site, that the work has progressed to the level certified, that quality of the work is in accordance with the Construction Documents and that the Contractor is entitled to payment in the amount certified. n. The ARCHITECT shall review and approve or take other appropriate action upon Contractor’s submittals of shop drawings, product data, and samples for the purpose of checking for conformance with the Construction Documents. The ARCHITECT’s action shall not include administration of communications delay the work, but should allow for sufficient time in the ARCHITECT’s professional judgment to permit adequate review. o. The ARCHITECT shall prepare proposed change orders with CM/Contractor, chairing meetings with CM/Contractor; monitoring supporting documentation and data for the compliance of other parties DISTRICT’s review and approval in accordance with the Project Schedule; negotiation of price changes; Construction Documents, and coordination of closeout. Design Professional shall cooperate with the University’s Representative may authorize minor changes in the University Representative’s provision of contract administration services as those services are described work not involving an adjustment in the Contract Documentscontract sum or an extension of time. Except as otherwise provided The ARCHITECT shall evaluate and make written recommendations regarding Contractor’s proposals for possible change orders. ARCHITECT shall, at ARCHITECT’s expense, prepare a set of reproducible record drawings showing significant changes in the Contract Documents work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the ARCHITECT. p. The ARCHITECT shall inspect the PROJECT to determine the date or as directed by Universitydates of final completion, receive and forward to the DISTRICT for the DISTRICT’s review all written communications with CM/Contractor shall be sent warranties and received related documents required by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Construction Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance issue a final certificate for payment upon Contractor compliance with the requirements of the Project Schedule (Construction Documents. q. The ARCHITECT shall provide written evaluation of the performance of the Contractor under the requirements of the Construction Documents when requested in writing by the DISTRICT. r. The ARCHITECT shall provide services in connection with evaluating substitutions proposed by the Contractor and all proposed making subsequent revisions to drawings, specifications and updates thereto). other documentation resulting therefrom. s. The Design Professional ARCHITECT shall perform all Construction Phase services be responsible for gathering information and processing forms required by applicable governing authorities, such as building departments, local Fire Departments, OPSC, and DSA, in a timely mannermanner and ensure proper PROJECT close-out. t. The ARCHITECT shall evaluate and render written recommendations, as required by the Project Schedule (and within a reasonable time on all revisions and updates thereto)claims, this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, disputes or other functions pursuant matters at issue between the DISTRICT and Contractor relating to this Agreement do not cause the execution or contribute to a disruption of construction or a delay in completion progress of the Projectwork as provided in the construction contract. Under no circumstances should this evaluation take longer than 20 calendar days from the date the claim is received by ARCHITECT. 2.6.4 Design Professional shall, u. The ARCHITECT shall prepare and maintain throughout the project all as- built conditions at no cost to Universityadditional cost. v. Before start of construction, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts the following two documents are required: (i) Contract Information Form DSA-102. (ii) Inspector Qualification Record Form DSA-5 should be submitted 10 days before the time of starting construction. w. The ARCHITECT shall provide assistance in the Construction Documents prepared by Design Professional utilization of equipment or Design Professional’s consultants promptly upon discovery or notice. The obligations systems such as testing, adjusting and balancing, preparation of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professionaloperation and maintenance manuals, training personnel for operation and maintenance and consultation during operation.

Construction Phase. 2.6.1 a. Prior to the start of construction, the ARCHITECT shall certify that the following two documents have been submitted to DSA: (1) Contract Information Form DSA-102. (2) Inspector Qualification Record Form DSA-5 should be submitted 10 days prior to the time of starting construction. n. The Construction Phase will commence on with the date established by award of the Agreement between University Construction Contract to Contractor. o. The ARCHITECT shall reproduce five (5) sets of Construction Documents and CM/Contractorall progress prints for the DISTRICT’s and the DISTRICT’s consultant’s use at the ARCHITECT’s expense. p. The ARCHITECT shall provide technical direction to a full-time Project Inspector employed by, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited responsible to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely mannerDISTRICT, as required by applicable law. The ARCHITECT shall direct and monitor the work of the Laboratory of Record as required by applicable law and provide code required supervision of Special Inspectors not provided by the Laboratory of Record. Upon the DISTRICT’s award of a Construction Contract to the Contractor, the ARCHITECT shall obtain the necessary Project Inspection Cards (“PIC”) (Form DSA 152) from the DSA that are needed for the Project Schedule (Inspector’s use in approving and all revisions signing off work on the PROJECT as it is completed by the Contractor. The ARCHITECT shall verify that the Project Inspector has the appropriate amount of PIC’s that are needed for the inspection and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectentire PROJECT prior to the commencement of any work by the Contractor on the PROJECT. The ARCHITECT shall provide the Project Inspector, Laboratory of Record and each Special Inspector with a copy of the DSA approved Construction Documents including, but not limited to, the approved Statement of Structural Tests and Special Inspections (Form DSA 103) prior to the commencement of any work on the PROJECT at the ARCHITECT’s expense. 2.6.4 Design Professional shallq. The ARCHITECT shall meet with the Project Inspector, at no cost DISTRICT, Contractor, Laboratory of Record and Special Inspectors as needed throughout the completion of the PROJECT to Universityverify, satisfactorily correct acknowledge and coordinate the testing and special inspection program required by the DSA approved Construction Documents. r. The ARCHITECT shall prepare Interim Verified Reports (Form DSA 6- AE) and submit such Interim Verified Reports to DSA, the Project Inspector and the DISTRICT prior to the Project Inspector’s approval and sign off of any and all errors, omissions, deficiencies, or conflicts in of the Construction Documents prepared by Design Professional or Design Professionalfollowing sections of the PROJECT’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.PIC’s as applicable: (1) Initial Site Work; (2) Foundation; (3) Vertical Framing;

Construction Phase. 2.6.1 The Construction Phase will commence on construction phase shall begin upon award of the date established by construction contract and shall end upon the Agreement between University and CM/Contractor, and will terminate one year earlier of DISTRICT's approval of ARCHITECT's final certificate for payment to the contractor or sixty (60) days after Notice the filing of Completion or, in the absence of a Notice of Completion. During this phase, one year after Final Completion, ARCHITECT shall: i. Provide general administration of the entire Workconstruction contract. 2.6.2 Design Professional ii. Advise and consult with and serve as representative of DISTRICT in the general administration of the construction contract and in DISTRICT's dealings with the contractor. ARCHITECT shall attend have authority to act for DISTRICT to the extent provided in the construction contract. iii. Provide general direction to any Project inspector employed by and participate responsible to DISTRICT as required by applicable law. ARCHITECT shall provide assistance to DISTRICT for DISTRICT to direct the contractor in all prethe preparation of a set of drawings indicating exact location of buried utility lines (as-construction meetings called by the University’s Representative. Pre-construction meetings may built dimensions) which shall be held prior forwarded to commencement of separate portions DISTRICT upon completion of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation iv. Visit the Project site at intervals appropriate to the stage of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments contractor’s operations in order to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance maintain familiarity with the Project Schedule (progress of work and all revisions to determine in general that the contractor's work complies with the plans and updates thereto). Design Professional shall employ specifications and assign adequate professional staff and subconsultants to ensure its ability to perform services that the work, when fully completed, will be in accordance with the Project Schedule (contract documents. Such visits and all proposed revisions determinations are to be distinguished from the continuous inspection provided by a project inspector required by law for public school construction. ARCHITECT shall neither have control over or charge of, nor be responsible for, the contractor’s construction sequences or procedures, or for safety precautions and updates thereto). The Design Professional programs in connection with the contractor’s work. v. Make such regular reports as shall be fully responsible for all matters related to the Design Professional’s design required by DISTRICT or by any other applicable reviewing or licensing agencies and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative DISTRICT informed of the observed progress of the Workwork by means of written reports. vi. The Design Professional Review schedules, shop drawings, samples and other submissions of the contractor for general compliance with design and the contract specifications and timely notify the contractor and DISTRICT of deadlines which may affect the construction schedules. vii. Promptly notify DISTRICT of deviations known or observed by ARCHITECT in the contractor’s work or materials or both which do not conform to the contract documents. Upon instructions from the DISTRICT representative, ARCHITECT shall render written reject the work or graphic interpretations and decisions that are consistent with materials or both which do not so conform. ARCHITECT shall then inform DISTRICT what further work, installation of conforming materials, or testing of proposed substitute materials, whichever may be applicable, may be required. Upon instructions from DISTRICT representative, further work, conforming materials, or substitute materials, whichever may be applicable, shall be required of the contractor if determined by ARCHITECT to be necessary to carry out the intent ofand purposes of the contract documents and the Project, and reasonably inferable from, based on ARCHITECT's reasonable professional judgment. ARCHITECT shall not be responsible for the Contract Documents; review and recommend any action contractor’s failure to be taken regarding CM/Contractor's required submittals; and evaluate, with perform the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed work in accordance with the requirements of the Project Schedule contract document. ARCHITECT shall be responsible for ARCHITECT’s negligent acts, errors and omissions, but shall not have control over or charge of and shall not be responsible for the negligent acts, errors or omissions of the contractors, subcontractors, or their agents or employees, or of any other persons or entities performing portions of the construction work. viii. Examine and verify the contractor's applications for payments including reviews of the status of the contractor’s record drawings and approve the issuance of certificates for payment for work completed in such amount as ARCHITECT shall judge proper under the contract documents. ARCHITECT’s approvals shall constitute representations to DISTRICT, based on the ARCHITECT’s professional evaluation of the contractor’s work and on the data comprising the contractor’s applications for payment, that the contractor’s work has progressed to the points indicated and that, to the best of ARCHITECT’s knowledge, information and belief, the quality of the contractor’s work is in accordance with the contract documents. ARCHITECT’s approvals shall not be representations that ARCHITECT has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the contractor’s work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from subcontractors and material suppliers and other data requested by DISTRICT to substantiate the contractor’s rights to payment, or (4) ascertained how or for what purpose the contractor has used money previously paid on account of their contract sums. ix. Prepare and/or review any necessary change orders for approval by the contractor, DISTRICT and all proposed revisions applicable governmental agencies, including review of the contractor’s pricing requests. x. Provide a color schedule of all finished materials in the project for DISTRICT's review and updates thereto)approval. xi. The Design Professional Determine dates of substantial and final completion and make final detailed on-site review of job with representatives of DISTRICT and contractor, including preparation of punch list. xii. Collect from contractor and deliver to DISTRICT all written guarantees, instruction books, diagrams, charts and as-built drawings as defined in the bid documents which are required of and assembled by contractor. xiii. Issue ARCHITECT's certificate of completion and final certificate for payment. xiv. After notice and approval by DISTRICT, ARCHITECT shall perform all Construction Phase services have authority to reject work which does not conform to the contract documents. Whenever ARCHITECT considers it necessary or advisable, ARCHITECT will have authority to require inspection or testing of the work in accordance with the provisions of the contract documents, whether or not such work is fabricated, installed or completed. However, neither this authority of ARCHITECT nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of ARCHITECT to the contractor, subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the work. xv. ARCHITECT shall review and approve or take other appropriate action upon the contractor’s submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. ARCHITECT’s action shall be taken with such reasonable promptness as to cause no delay in the contractor’s work or in the activities of DISTRICT or of separate contractors or subcontractors, while allowing sufficient time in ARCHITECT’s professional judgment to permit adequate review. If at any time it appears that the time required for such review may result in a timely mannerdelay, ARCHITECT shall promptly notify DISTRICT of the possibility of delay, and exercise best efforts to avoid or minimize such delay. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the contractor, all of which remain the responsibility of the contractor as required by the Project Schedule (contract documents. ARCHITECT’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by ARCHITECT, of construction means, methods, techniques, sequences or procedures. ARCHITECT’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. xvi. ARCHITECT shall interpret and all revisions and updates thereto), this Agreement attempt to resolve matters concerning performance of DISTRICT and the Contract Documentscontractor under the requirements of the contract documents on written request of either DISTRICT or the contractor. Design Professional ARCHITECT’s response to such requests shall employ be made with reasonable promptness and assign adequate professional staff within any time limits agreed upon. Interpretations and subconsultants decisions of ARCHITECT shall be consistent with the intent of and reasonably inferable from the contract documents and shall be in writing or in the form of drawings. xvii. DISTRICT shall require each contractor to ensure that its interpretationsprovide DISTRICT with record drawings indicating the location and size of all underground or imbedded construction and utility connections not covered in the original drawings, decisionschange orders, reviewssupplemental drawings, or other functions pursuant shop drawings. DISTRICT shall require the contractor to this Agreement do record such construction on reproducible drawings furnished to the contractor by DISTRICT. ARCHITECT shall review the contractor’s completed record drawings for general completeness based on ARCHITECT’s site visits. Such a review by ARCHITECT shall not cause relieve the contractor of its responsibility for the accuracy or contribute to a disruption of construction or a delay in completion completeness of the Projectinformation recorded. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.

Construction Phase. 2.6.1 The Construction Phase will commence on District shall maintain continued coordination with the date established by the Agreement between University and CM/Contractor, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, City’s Contractor regarding installation of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the UniversityDistrict’s Representativefacilities. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities This coordination shall include, but not be limited tolimited, interpretation of to the following: A. The District shall attend the Preconstruction Meeting. B. Subject to the schedule required in the Project Contract Documents; periodic site observations; review , the City’s Contractor shall prepare a schedule of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services work in accordance with the Project Schedule (plans and all proposed revisions and updates thereto)specifications for City review. The Design Professional District shall review and provide comments within ten (10) business days of receipt. If the District does not provide the City with comments within ten (10) business days, the schedule shall be fully responsible for all matters related considered accepted by the District unless the delay is due to the Design Professional’s design and all one of the Design Professional’s recommendations to the University which are carried out by the University without substantive changereasons stated in Subsection (K) and/or constitutes Excusable Delay as defined in Section 6. The Design Professional’s duties District shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed complete its work in accordance with the requirements City’s Contractor’s schedule unless delayed due to one of the Project Schedule reasons stated in Subsection (K) and/or Excusable Delay as defined in Section 6. C. The District will provide an inspector on-site, on two (2) business days’ notice, to inspect the installation of all vault and conduit installation work. The District will not provide a daily on-site inspector, but will within two (2) business days’ notice provide an inspector to inspect the requested area of the joint trench for the placement of their vaults and conduits. The District’s inspector shall not direct the City’s Contractor in any manner; the District inspector shall communicate all proposed revisions requirements and updates theretorequests to the City’s inspector the day of observation. D. The District shall, within ten (10) business days after receipt of written notification of completion of installation of the District’s conduit and vault, issue written notification of any deficiencies or issue written notification of acceptance unless delayed due to one of the reasons stated in Subsection (J) and/or Excusable Delay as defined in Section 6. The City’s Contractor will correct the deficiencies upon approval by the City of the requested work. If notification from the District is not received by the City within the ten (10) business day period, then the District conduit and vault system shall be considered complete and accepted by the District unless the lack of notice is due to one of the reasons stated in Subsection (J) and/or constitutes to Excusable Delay as defined in Section 6. [GGS2] E. Once all sections of vault and conduit installation are completed by the City and accepted by the District, the City shall issue a Notice to Proceed to the District to commence installation of the conductors and equipment. The District or its contractor's crews may need to accommodate another utility that is trying to work [MP1] The in the same area. installation of the conductors District, or its contractor, will complete and equipment in accordance with the approved schedule referenced in SubsSection 5.2(B); provided that reasonable access to the project is given by the City's Contractor or a subcontractor in the area where the City is requesting the District to begin work. The District shall notify the City in writing when the new underground system is energized.. The District will be responsible for plant installation and wreck-out work associated with the undergrounding. This work shall include but not be limited to furnishing and installing all cables, conductors and electrical equipment for the conversion to underground, and for the removal of other equipment no longer needed. F. The District, or its contractor, will perform cut-over and transfer of existing customers and facilities to the new underground system where applicable. The District or its contractor will notify such customers at least forty eight (48) hours in advance of the pending outage. G. Once transfer of existing customers and facilities to the new underground system is complete, the District, or its contractor, will remove all overhead systems in accordance with the approved schedule referenced in Section 5.2(B). Utility poles with other utility provider’s overhead systems will be stripped, topped and abandoned to the remaining utilities. H. Temporary support (holding) of District Utility Poles: The Design Professional need to temporarily support such poles (due to excavation in their proximity) shall perform all Construction Phase services in a timely mannerbe verified by District, as required and if required, such support shall be provided by the Project Schedule District during the District’s regular business hours. I. The District shall maintain any utility facilities constructed under this Agreement from the date of acceptance of the facilities by the District. The cost of any future improvements and / or maintenance, repairs, or corrections to any utility facilities covered under the terms of this Agreement shall be the exclusive responsibility of the District in accordance with this Agreement. J. The District shall have no obligation or liability to the City, its contractor(s) or any other party, in the event of any delay in performance of the construction work under this Agreement due to: (and all revisions and updates theretoa) reasonable actions taken by the District which are necessary or consistent with prudent utility practices to protect the performance, integrity, reliability or stability of the District’s utility systems or any systems to which such District systems are connected; (c) actions and/or inactions of the City, the City’s contractor(s), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Project. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.utilities and/or third parties;

Construction Phase. 2.6.1 The Construction Phase will commence on Grantee shall furnish the date established by following: At the Agreement between University and CM/Contractor, and will terminate one year after Notice start of Completion or, in the absence of a Notice of Completion, one year after Final Completion, construction: • Copy of the entire Work. 2.6.2 Design Professional shall attend building permit • Asbestos Free Building Certificate for alterations and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior demolitions (copy submitted to commencement of separate portions municipality) • Copy of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor plans with building department approval stamp • Construction and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation CM Agreements • Certificates of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule Insurance • Current construction schedule • Trade payment breakdown Scheduled Payment Requirement (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions 4/17) During construction: • Progress schedules and updates • Minutes of project meetings • Building Department amendments and approvals • Proof of expenditures: Payment Applications and Certificate of Payment Invoices Change orders Partial lien waivers • Foundation survey (new construction only) • Architect’s bulletins • Access to all field inspection and test reports with architect's or engineer's approvals • Approved project Status Cost Control Report – (See Attachment) • Change Issue and Change Order Logs (if change orders are being funded by ESD) • Access to approved shop drawings • Payment and performance bonds • Labor and material bonds • Progress photos • Public Projects Protocol Checklist At the Project Schedule; providing cost or schedule analysis completion of construction: • Final punch lists • Final Lien Waivers • Temporary Certificate of Occupancy (TCO) • Certificate of Occupancy (CO) • Contractor's Affidavit and Final Waiver of Claims and Liens and Release of Rights • Insurance underwriter’s approval/release of surety • Contractor's Certifications of Completed Construction ‑ See Attachment • Consultant's Certification of Completed Construction (for field or change orders; preparation NYC Local Laws and other specific items of documents for proposed changes; review work where certifications are desired) ‑ See Attachment Scheduled Payment Requirement (4/17) Final survey • As built drawings (digital format acceptable) • Access to guarantees & warrantees, operations and maintenance manuals • Dedication of and making recommendations regarding offsite infrastructure to local municipality • Applicable regulatory agency/authority approval of CM/Contractor cost, schedule or application for payment data; and general consultation to • ESD will inspect throughout the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto)construction phase until final completion. The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CMGrantee/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CMDeveloper/Contractor shall be sent provide an appropriate space at the job site with a desk, telephone, computer with internet and received by University’s Representativeproject website access, plan table, file cabinet, heat and air conditioning satisfactory to ESD. The Scheduled Payment Requirement (4/17) (Name of Project) (Examples) (See (A) below for Examples) Director Design Professional shall advise and consult with University Representative Construction Sr. Vice-President Facilities Administration Sr. Vice-President Business and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Project. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.Finance

Construction Phase. 2.6.1 1. The Construction Phase will commence with the award of the Contract(s) for Construction and, together with the Designer's obligation to provide Basic Construction Phase Services under this Contract, will terminate when final payment to the Contractor is due. 2. Upon award of contract(s), the Designer will prepare the Contract Documents for execution by the Contractor(s) and the Owner. 3. The Owner and Designer will establish a Project Control Manual with procedures in accordance with County standards that shall be followed for review and processing of all shop drawings, catalog submissions, Project reports, change proposals, test reports, maintenance manuals, and other necessary documentation. 4. The Designer shall serve as a representative of the Owner as prescribed in this Contract and within the limits and conditions of this Contract, to guard the Owner against defects and deficiencies in the work. The Designer shall exercise reasonable care and diligence in assuring that the Contractors comply with the Contract Documents. 5. The Designer shall review and approve, for conformance with the design concept, any necessary shop and working drawings furnished by contractors. Furnish the Owner with a complete set of shop drawings upon completion of construction. 6. The Designer shall interpret the intent of the drawings and specifications to protect the Owner against defects and deficiencies in construction on the date established part of the contractors. The Engineer will not, however, guarantee the performance by any contractor. 7. Should errors, omission, discrepancies, ambiguities, mistakes or conflicts be discovered in the Contract Documents, the Designer shall prepare and submit to the Owner, and Contractor(s) within a maximum of four (4) working days such amendments or supplementary documents associated with change proposal documentation and provide consultation as may be required. 8. The Designer shall not permit variations from the Construction Documents unless and until change orders have been approved by the Agreement between University Owner. 9. The Designer shall establish baselines for locating the main components to be constructed. However, the Contractor will be responsible for providing any day-to-day construction staking that may be required. 10. The Designer shall provide general engineering review of the work of the contractors as construction progresses and CM/hold progress conferences to ascertain that the Contractor is conforming to the design concept and construction schedule. 11. The Designer shall cooperate and work closely with the Owner and appropriate regulatory agencies during construction. Sample 12. The Designer shall review the Contractor's application for progress and final payment, and will terminate one year after Notice when acceptable, submit same to the Owner for payment. The issuance of Completion ora Certificate for payment shall constitute a representation by the Designer to the Owner, based on the Designer's observations at the site and on the data comprising the Contractor's Application for Payment, that the work has progressed to the point indicated; that, to the best of the Designer's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents and the Contractor is entitled to payment in the absence of a Notice of Completionamount certified. 13. The Designer shall, one year after Final Completionas necessary, promptly prepare Change Order documentation complete with narrative description and justification for each item, so as to not delay the work of the entire WorkContractors. 2.6.2 Design Professional 14. The Designer shall attend schedule, conduct and participate in all document pre-construction meetings called by the University’s Representative. Pre-construction meetings may conferences and regular meetings, to be held prior at the Project site throughout the entire construction period. The Designer shall chair the meetings, prepare and distribute to commencement the Owner and all others in attendance a report of separate the pertinent and salient matters considered and conclusions reached at each of these meetings, together with such matters relating to the Project progress. 15. The Designer shall create and maintain a written project directory including names and phone numbers of key personnel. 16. When the Owner and Designer agree that the work or portions of the Project. Attendees work are substantially complete, the Designer and its consultants shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by inspect the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation work or portions of the Contract Documents; periodic site observations; review of submittals; review work and prepare and submit to the Owner and Contractor(s) punch lists of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities work of the Design Professional pursuant to this Agreement, including but Contractor(s) which is not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto)Contract Documents. The Design Professional Designer shall issue a Certificate of Substantial Completion at such time that the work is determined to be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services substantially complete as those services are described defined in the Contract Documents. Except as otherwise provided When incomplete, defective or deficient work has been remedied, the Designer will inspect the work and advise Owner in the Contract Documents or as directed by University, writing that all written communications with CM/Contractor shall be sent and received by University’s Representativework has been satisfactorily completed. The Design Professional shall advise and consult Designer will then issue a final letter certifying the completion with University Representative and shall keep University Representative informed respect to the work or portion of the observed progress work involved. 17. The Designer shall assemble, and review for completeness, written guarantees, affidavits, manuals of instruction for operation, and other required closing papers of the WorkContractors and forward them in organized three-ring binders to the Owner. 18. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements Upon completion of the Project Schedule and prior to issuing Final Certificates for Payment, the Designer shall compute the total time for completion as allowed in the Contract, plus any time extensions granted and determine the number of days, if any, in excess of the contract construction time for which the Contractor(s) appear liable for liquidated damages. Notify the affected Contractor(s) of any proposed assessments of liquidated damages, and allow the Contractor(s) time to respond thereto. Subsequently, prepare recommendation to the Owner as to the amount of liquidated damages, if any, to be assessed and the portion of such assessment attributed to each of the prime Contractor(s). 19. Upon correction of the deficiency reports (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates theretopunch lists), this Agreement and acceptance of all other close-out submittals and certificates of a Contractor, the Contract DocumentsDesigner shall approve a final application for final payment for the Contractor(s) and forward it to the Owner. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Project. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.Sample

Construction Phase. 2.6.1 The Construction Phase will commence on (a) Prior to the date established by commencement of construction, the Agreement between University and CM/Contractor, and will terminate one year after Notice of Completion or, Seller must comply with the Insurance Requirements for construction phase included in the absence of a Notice of Completion, one year after Final Completion, of the entire WorkExhibit 7. 2.6.2 (b) Seller must comply with all requirements set forth in Exhibit 11 [Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University& Construction Requirements]. 2.6.3 The Design Professional’s responsibilities (c) Seller shall provide to Buyer an Installation & Construction plan that shall include, but not at a minimum, the following: (i) Detailed array layout with stringing configuration (ii) Mounting and racking details (iii) Details of electrical transmission showing conduit routing and location of electrical enclosures, conduit support details, and enclosure mounting details (iv) Electrical single line diagram (v) Electrical three line diagram (vi) Monitoring plan (vii) Construction project plan with timeline (viii) Certification by Seller that the design complies with all applicable laws, codes and regulations of all governmental jurisdictions (d) Seller shall cause the Generating Facilities to be limited todesigned, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (installed and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services constructed in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluateCalifornia Building Code, with the University’s Representativelaws and regulations of all governmental authorities with jurisdiction, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the all requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and pursuant to the Contract Documentsfinal approved project design, and at Seller’s sole cost. Design Professional Upon completion of construction of the Generating Facilities, Seller shall employ and assign adequate professional staff and subconsultants to be responsible for verifying Generating Facilities’ performance on an ongoing basis. (e) Minimum Standards: Seller shall ensure that minimum design standards are followed, including; (i) All power generation and transmission equipment shall be UL listed for its interpretationsuse (ii) Generating Facility must meet all regulatory and environmental requirements including but not necessarily limited to PG&E, decisionsCSI, reviewsCPUC, Fire ▇▇▇▇▇▇▇▇, UL, UBC, and CEQA. (iii) Requirements of Material 1. Fasteners and hardware throughout Generating Facilities shall be stainless steel or material of equivalent corrosion resistance 2. Racking components shall be anodized aluminum, hot dipped galvanized steel, or other functions pursuant to this Agreement do not cause or contribute to a disruption material of construction or a delay in completion of the Project.equivalent corrosion resistance 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice3. The obligations of Design Professional to correct defective or nonconforming Work Unprotected steel shall not to be used in any way limit any other obligations of Design Professional.components (iv) All conductors, RHW and otherwise, must be covered to prevent exposure to sunlight (v) Seller will warranty roof penetrations (if any) against leakage for twenty

Construction Phase. 2.6.1 The Construction Phase Engineer will commence on serve as the date established Local Agency's representative for administering the terms of the construction contract between Local Agency and their Contractor. Engineer will endeavor to protect the Local Agency against defects and deficiencies in workmanship and materials in work by the Agreement between University Contractor. However, the furnishing of such project representation will not make Engineer responsible for the construction methods and CM/procedures used by the Contractor or for the Contractor's failure to perform work in accordance with the contract documents. Engineer's services will include more specifically as follows: 1. assist the Local Agency with a preconstruction conference to discuss project details with the Contractor; 2. make periodic site visits to observe the Contractor's progress and quality of work, and to determine if the work conforms to the contract documents. It is contemplated that survey staking and layout will be accomplished by the contractor's forces. The Engineer will accompany MoDOT and FHWA representatives on visits of the project site as requested; 3. check shop drawings and review schedules and drawings submitted by the Contractor; 4. reject work not conforming to the project documents; 5. Prepare change orders for issuance by the Local Agency as necessary and assure that proper approvals are made prior to work being performed; 6. review wage rates, postings, equal employment opportunity and other related items called for in the contract documents; 7. inspect materials, review material certifications furnished by Contractor, sample concrete and other materials as required, and arrange for laboratory testing of samples by others on a subcontract basis. Independent assurance samples and tests will terminate one year after Notice of Completion or, in be performed by MoDOT personnel and such sampling and testing is excluded from the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called work to be performed by the University’s RepresentativeEngineer under this contract; 8. Pre-maintain progress diary and other project records, measure and document quantities, and prepare monthly estimates for payments due the Contractor; 9. be present during critical construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreementoperations, including but not limited to services provided during the Construction Phasefollowing: a. structure layout; b. excavation and backfilling; c. driving of piles; d. checking of reinforcing steel prior to concrete placement; e. concrete batching and pouring; f. placement of girders; and g. placement of surfacing materials; and 10. participate in final inspection, shall be undertaken in conformance provide the Local Agency with the Project Schedule project documentation (and all revisions and updates theretodiaries, test results, certifications, etc.). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, provide as-built plans for the Contract Documents; review and recommend any action to be taken regarding CM/ContractorLocal Agency's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectrecords. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.

Construction Phase. 2.6.1 KOA's Project Manager, Mr. ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, will review each project with the Construction Manager(s) to evaluate the completion of the work and make any recommendations to the City when work is ready for final inspection. At that time, the construction Inspector and the Construction Manager for the project will schedule and complete the final inspection with the City staff, maintenance/service personnel, and the project architect/design consultant. After the walk through, the inspector will issue a preliminary and final punch list and a schedule of when the punch list is to be completed to the project contractor. This punch list will be in written and electronic versions sent to the contractor. The Construction Phase inspector will commence monitor the contractor's punch list items and follow through until all items on the date established punch list are completed. The inspector will then collect any "As-Built" sets of construction drawings from the contractor and give them to the Construction Manager to produce a clean set of Red Line plans to show any/all changes to the original plans City of Placentia RFP for "Contract Administration and Construction Inspection Services" and contract documents prior to submitting to the City. Along with the completed punch list that has been verified and signed off by the Agreement between University and CM/Contractorall parties, and the as-built plans, KOA will terminate one year after Notice of Completion orsecure and transmit all required guarantees, certifications, affidavits, leases, easement deeds, operating and maintenance manuals, warranties, and any other documents listed in the absence contract documents. Upon completion of all the items mentioned above, the Construction Manager, along with the inspector, will review and process the contractor's request for final payment and release of retention. The final set of "As-Built" plans, along with the project files and a Notice of CompletionProject Completion Report, one year will then be submitted to the City in electronic and hard copies. This phase should be completed within 30 days after Final Completioneach project completion. The KOA team, of the entire Work. 2.6.2 Design Professional shall attend and participate in all preincluding our sub-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor CHJ, provides inspection for the day-to-day, on-the-job observation and major subcontractorsinspection of all required equipment, University's Designated Administrator materials, and others as deemed necessary by methods of construction and assures that all are in compliance with the University. 2.6.3 The Design Professional’s responsibilities shall contract drawings, specifications, permits, and regulatory codes. Construction Inspection services for the City of Palm Springs on this On-Call contract will include, but not be limited to the following: • The KOA Construction Inspector will review project plans, specifications, special provisions, and other related construction documents (traffic control plans, construction schedules, and permit requirements from other agencies) for possible errors and deficiencies prior to construction of any specific element and report such findings to the City. Should the City determine that changes are necessary, KOA will assist in implementation and processing of change orders in accordance with contract documents. • Record each project with photographs and/or videos prior to, interpretation during, and after construction. • Attend all pre-construction meetings and assist the construction manager. • Provide quality inspections based on the contractor following the plans, specifications, and regulations. • Notify contractors on non-compliance and issue a written Notice of Non-Compliance to ensure that any issues are fixed immediately and document in the project files. • Assure that the Project meets all applicable regulations of the Air Quality Management District (AQMD) and complies with CEQA and/or NEPA regulations. • KOA team members are experienced in working with the public and will attend and participate in neighborhood project meetings as requested by City staff as an extension of the City staff. • Prepare and maintain written and electronic Daily Reports using Caltrans format per Caltrans Local Assistance Procedures Manual or other format as approved by City. Photo documentation will be utilized to document daily work activities of contractor including, but not limited to, routine construction activities, changes in work, unforeseen conditions, etc. KOA Construction Inspector will maintain regular contact with the City's Project Manager and/or City Engineer. • Coordinate utility relocations with utility companies and their designees, as well as the Caltrans utility inspector if applicable. • Provide all required monitoring, coordination, and tracking of construction progress to ensure the Project proceeds on schedule and according to the order of work in the plans and special provisions. Expedite work, as required, to maintain schedule in conjunction with the overall construction staging program. • The KOA Construction Inspector will be a qualified SWPPP coordinator, will review contractor prepared Storm Water Pollution Prevention Plans (SWPPP), and coordinate approval with the City and/or Caltrans during construction activities. • The KOA Construction Inspector shall coordinate the implementation of City approved changes with the City's Project Manager and the design engineer. • Coordinate all Project construction activities with other on-going projects within and adjacent to the Project limits. IIIJ! 0 Oll_PORATION City of Placentia RFP for "Contract Documents; periodic Administration and Construction Inspection Services" • Provide accurate measurements and calculations of completed work by contractors to approve progress payment applications. • Attend weekly progress meetings to communicate, coordinate and resolve any issues that may arise on the project. A weekly statement of calendar working days report will be included in the weekly progress meeting agenda. • Conduct Labor Compliance field construction interviews and report to the City regularly. • Provide accurate measurements • Coordinate all required inspections necessary for the Project such as soil compaction and materials testing. Review soils and materials testing reports and certifications of compliance (COC). Coordinate with the City's acceptance testing (AT) and IAP testing firms regarding quality of work completed. • Ensure that appropriate Caltrans, City, and local agency personnel are notified and present as required throughout the Project. Notify the City immediately regarding any directives, recommendations, notices, etc., received from agencies other than the City. • Perform daily on-site observations; review observations of submittals; review the progress and quality of construction to determine if the work being performed is in general conformance with the contract documents, all applicable laws, codes, and ordinances. Ensure that contractors do not install materials without materials testing certifications. • Provide inspections for paving, street rehabilitation methods and procedures, sub grade inspection, structures and foundation inspection, signing and striping inspection, storm drain inspection, utility inspection, quantity calculations, checking grade and alignment, street lighting, traffic signals, channelization, construction traffic control, landscaping, and duties that may be required to determine that construction of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as is being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of contract documents. • Observe construction safety, public safety, and report any issues back to the Project Schedule (City. • The KOA Construction Inspector will exercise reasonable care and all proposed revisions diligence to discover and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by promptly report to the Project Schedule (and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Project. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct City any and all errors, omissions, deficiencies, defects or conflicts deficiencies in the materials or workmanship used in the Project. • The KOA Construction Documents prepared Inspector assigned to the Project shall be thoroughly familiar with Caltrans Standard Specifications, Caltrans Standard Plans, and the Standard Specifications for Public Works Construction ("Green Book"). Consultant personnel shall have the ability to read and interpret construction plans and specifications. Consultant personnel shall also have knowledge of State of California Construction Safety Orders (CalOSHA) and traffic control practices as specified in the Work Area Traffic Control Handbook (WATCH). In addition, Consultant personnel shall be familiar with the construction requirements of Caltrans' Storm Water Pollution Prevention Program. • Identifying actual and potential problems associated with the Project and recommending sound engineering solutions. • Maintaining awareness of safety and health requirements. Monitoring Contractors' compliance with applicable regulations and construction contract provisions for the protection of the public and Project personnel. • Preparing complete and accurate daily reports, calculations, project records, payment quantity documents, reports, and correspondence related to Project activities. • Preparing construction sketches, drawings, and cross-sections, as necessary. • KOA staff has several certified QSP's and QSD's and will maintain awareness of water discharge requirements. Monitoring Contractors' compliance with applicable regulations and construction contract provisions required by Design Professional or Design Professional’s consultants promptly upon discovery or noticeCaltrans. The obligations During construction activities, the inspector will verify the contractors BMP's are in place and in compliance with the General Construction Permit. Rain Event Action Plans (REAPS) will be completed prior to, during, and after every qualifying rain event during construction. • Ensure that all contractors submit certified payroll reports with monthly progress payment requests. Review all reports for compliance with federal and state prevailing wage regulations. • Verify that contractor's labor and reported hours match what is listed on daily reports. • Prepare and transmit all correspondence related to the projects and copy the City on all documents. IIJ! KO () _PORATION City of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.Placentia RFP for "Contract Administration and Construction Inspection Services"

Construction Phase. 2.6.1 Upon University's written direction to proceed, Design Professional shall provide Construction Phase services as described herein and in the Supplemental Requirements in the Exhibits. 2.6.2 The Construction Phase will commence on the date established by the Agreement between University and CM/Contractor, Contractor is signed by University and will terminate one year after Notice of Completion oror Notice of Cessation, or in the absence of either a Notice of CompletionCompletion or Notice of Cessation, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The . 2.6.4 Design Professional shall render written design interpretations of, and design decisions regarding, the Contract Documents that are necessary for the proper execution or graphic progress of the Work including provision of clarifications and interpretations and decisions of the Contract Documents that are consistent with the intent of, of the documents but which do not involve a change in the scope of the Work. Such clarifications and reasonably inferable from, interpretations shall not involve an adjustment of the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence Sum or an extension of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Time. 2.6.5 Design Professional shall perform all Construction Phase services not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in a timely mannerconnection with the Work, unless Design Professional specifies, directs, recommends or approves such means, methods, techniques, sequences, procedures, or safety precautions/ programs. 2.6.6 Design Professional shall prepare drawings and specifications needed to issue Field Orders and Change Orders as required by the Project Schedule Supplemental Requirements in the Exhibits. {FACILITY HAS THE OPTION TO USE 2.6.7 OR TO LEAVE PREPARATION OF CHANGE ORDERS AS ADDITIONAL SERVICES. 2.6.7 No additional compensation shall be paid to Design Professional for the preparation of Change Orders, including the preparation of Drawings, Specifications, and supporting data and other services required in connection with the preparation of Change Orders until the total cumulative value (calculated by adding the absolute values of both additive and all revisions and updates thereto)deductive changes not caused, this Agreement and in whole or in part, by Design Professional errors or omissions) exceeds { } percent of the Contract Documents. Sum. 2.6.8 Design Professional shall employ provide Record Documents as described herein and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Project.Supplemental Requirements in the Exhibits. SAMPLE 2.6.4 2.6.9 Design Professional shallshall review the Work at 11 months after Substantial Completion or Final Completion, at no cost as applicable, and shall make written recommendations to University, satisfactorily correct University for the correction of any and all errors, omissions, deficiencies, or conflicts deficiencies as required by the Supplemental Requirements in the Construction Documents prepared Exhibits. Dates for inspections shall be as mutually agreed by Design Professional the parties within the 11th month time frame. The number of work hours associated with the on-site review and preparation of written recommendations shall not exceed { } hours excluding review and preparation necessitated in whole or in part by Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professionalerrors and omissions.

Construction Phase. 2.6.1 1. The Construction Phase will for each portion of the Project shall commence on with the date established by award of the Agreement between University and CM/Contractor, Construction Contract and will terminate one year after Notice of when the Final Completion or, in payment is made by the absence of a Notice of Completion, one year after Final Completion, of the entire WorkOwner. 2.6.2 Design 2. The Professional Consultant shall attend consult with the Owner and participate in all pre-construction meetings called decisions as to the acceptability of subcontractors and other persons and organizations proposed by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate Contractor for various portions of the Projectwork. 3. Attendees The Professional Consultant shall review and approve shop drawings, samples and other submissions of Contractor(s) as well as the work performed by the Contractor(s) for conformance with the design concept of the Project and for compliance with the Contract Documents. The review and return of submittals shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary accomplished by the UniversityProfessional Consultant within ten (10) calendar days from date of receipt except when authorized by the Owner. 2.6.3 4. The Design Professional’s responsibilities Owner will establish with the Professional Consultant, procedures to be followed for review and processing of all shop drawings, catalog submissions, project reports, test reports, maintenance manuals, and other necessary documentation, as well as requests for changes and applications for extensions of time. 5. The Professional Consultant, when requested by the Owner, shall includeprepare Change Order documentation. 6. The Professional Consultant shall render to the Owner, but not be limited towithin two (2) working days unless otherwise authorized by the Owner, interpretation interpretations of requirements of the Contract Documents; periodic site observations; review of submittals; review . The Professional Consultant shall make all interpretations consistent with the intent as is reasonably inferable from the Contract Documents. The Professional Consultant's decision in matters relating to artistic effect shall be final if consistent with the intent of the Project Schedule Contract Documents. 7. Should errors, omissions or conflicts in the drawings, specifications or other Contract Documents by the Professional Consultant be discovered, the Professional Consultant will prepare and submit to the Owner, within two (2) working days unless otherwise authorized by the Owner, such amendments or supplementary documents and provide consultants as may be required, for which the Professional Consultant shall make no additional charges to the Owner. 8. The Professional Consultant shall be a point of contact with any and all proposed updates and revisions thereto); providing comments Contractors, except when the Owner shall direct the Professional Consultant otherwise. All instructions to the University’s Representative regarding Design Professional’s ability Contractor(s) shall be issued by the Professional Consultant except when directed otherwise by the Owner. 9. The Professional Consultant will have access to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates work at all times. 10. The Professional Consultant shall make such periodic visits to the Project Schedule; providing cost site as may be necessary to review the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract Documents. On the basis of such on-site observations, the Professional Consultant shall take the appropriate steps to guard the Owner against defects and deficiencies in the work of the Contractor. If the Professional Consultant observes any work that does not conform to the Contract Documents, the Professional Consultant shall immediately make an oral and written report of all such observations to the Owner. The Professional Consultant shall not be required to make exhaustive or schedule analysis full-time on- site observations to check the quality or quantity of the work, but shall make as many observations as may be reasonably required to fulfill their obligations to the Owner. The Professional Consultant shall not be responsible for field construction means, methods, techniques, sequences or change orders; preparation procedures, or safety precautions and programs in connection with the work. 11. Periodic visits of documents the Professional Consultant shall be not less than once weekly. During critical work phases, each engineering discipline may be required to make periodic visits weekly. The engineering disciplines shall prepare and submit a report on each visit, submitted via the Professional Consultant to the Owner within three (3) working days of the visit. 12. The Professional Consultant shall participate in weekly construction progress meetings attended by the Owner and Contractor, unless otherwise authorized by the Owner. The Professional Consultant’s subconsultants shall attend as necessary. 13. Based upon observations at the site and upon the Contractor's applications for proposed changes; review payment, the Owner and Professional Consultant shall jointly determine the amount owing to the Contractor(s), pursuant to the terms of and making recommendations regarding approval of CMthe Owner/Contractor costAgreement, schedule or application for payment data; and general consultation shall issue Certificates of Payment to the University on design mattersOwner in such amounts. All responsibilities The Owner shall consult with the Professional Consultant in the determination of the Design amount due to the Contractor and the Professional pursuant Consultant shall sign the Certificate of Payment prior to this Agreementthe time it is transmitted to the Owner. The Professional Consultant's signing of a Certificate of Payment shall constitute a representation by the Professional Consultant to the Owner, including but based upon the Professional Consultant's observations at the site and the data comprising the Application for Payment that the work has progressed to the point indicated, that to the best of the Professional Consultant's knowledge, information and belief, the quality of the work appears to be in accordance with the Contract Documents and that the Contractor is entitled to payment in the amount certified. However, if it should later be found that the Contractor has failed to comply with its contract with the Owner in any way or detail, such failures and subsequent compliance shall be the sole responsibility of said Contractor. By signing a Certificate of Payment to the Owner, the Professional Consultant shall not limited be deemed to services provided during represent that it has made any examination to ascertain how and for what purpose the Contractor has used the monies paid on account of the Construction PhaseContract Sum but nothing stated herein will act to absolve the Professional Consultant from any responsibilities stated elsewhere in the contract. 14. If, in accordance with its duty, the Professional Consultant advises the Owner of non-conforming work as stated in Paragraph 10, the Professional Consultant shall be undertaken confirm the non-conformance in writing to the Owner within two (2) days of observation. 15. The Professional Consultant and the Owner jointly shall have authority to condemn or reject work on behalf of the Owner when in the Owner's or the Professional Consultant's opinion, the work does not conform to the Contract Documents. Whenever in the Owner's or the Professional Consultant's reasonable opinion it is considered necessary or advisable to insure the proper implementation of the intent of the Contract Documents, the Owner shall have the authority to require special inspection or testing of any work in accordance with the provisions of the Contract Documents whether or not such work is fabricated, installed or completed. 16. The Professional Consultant shall obtain governing agency approval if any exceptions arise related to the design or specified materials. 17. When the Owner agrees that the work or portions of the work are substantially complete, the Professional Consultant and its subconsultants shall inspect the work or portions of the work and prepare and submit to the Owner punch lists of the work of the Contractor(s) which is not in conformance with the Project Schedule Contract Documents. The Owner may request that the Professional Consultant inspect and prepare a punch list on any portion of the work. 18. The Professional Consultant shall ensure Contractor(s) as-builts are up to date during the monthly application for payment review. Upon completion of the project the Professional Consultant shall revise his electronic documents to show significant changes in the work made during the construction process, based on neatly and clearly marked-up contract drawings, prints, and other data furnished by the Contractor(s) and the applicable Addenda, Clarifications, and Change Orders which occurred during the project. The Professional Consultant shall furnish one paper and one electronic (.pdf format) set of signed and all revisions sealed as-built drawings to the Owner, which are clearly marked “AS-BUILT DRAWINGS”. 19. The Professional Consultant shall assist or update the Owner's Property Accounting Drawings for the project in a computerized and updates thereto)printed format acceptable to the Owner. 20. Design The Professional Consultant shall employ and assign adequate professional staff and subconsultants be responsible to ensure that instruction is provided in the operation of any equipment or system such as initial start-up, testing, adjusting and balancing. 21. The Professional Consultant and/or its ability subconsultants shall observe and review test data of the original operation of any equipment or system such as initial start- up, testing, adjusting and balancing to perform services make sure that all equipment and systems are properly installed and functioning in accordance with the Project Schedule (design and all proposed revisions and updates thereto)specifications. 22. The Design Professional Consultant shall be fully responsible for all matters related to review the Design Professional’s design Contractor-furnished maintenance and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractoroperating instructions, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by Universityschedules, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent ofguarantees, bonds, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence certificates of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, inspection as required by the Project Schedule Construction Documents and forward all approved copies to the Owner for use by the Owner. In addition, the Professional Consultant shall conduct such observations as necessary to ensure all material and equipment warranties are in compliance with applicable specifications. 23. The Professional Consultant and its subconsultants shall conduct up to two (and all revisions and updates thereto2) comprehensive Final Completion inspections per construction or site contract at the request of the Owner. If more than two (2) Final Completion inspections are required, through no fault of the Professional Consultant, the additional inspections shall be deemed additional services. 24. Upon correction of the deficiency reports (punch lists), this Agreement and the Contract Documents. Design Professional shall employ acceptance of all other close-out submittals and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion certificates of the ProjectContractor, the Professional Consultant shall approve the Application for Final Payment and forward it to the Owner for execution. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.

Construction Phase. 2.6.1 a. Prior to the start of construction, the ARCHITECT shall certify that the following two documents have been submitted to DSA: (1) Contract Information Form DSA-102.‌ (2) Inspector Qualification Record Form DSA-5 should be submitted 10 days prior to the time of starting construction. b. The Construction Phase will commence on with the date established by award of the Agreement between University Construction Contract to Contractor and CM/Contractorterminates upon satisfactory performance and completion of all tasks in this phase and commencement of the Closeout Phase or upon the DISTRICT’s terminating the AGREEMENT, whichever is earlier. While ARCHITECT shall work as many hours as necessary to complete Construction Phase services, ARCHITECT agrees that at a minimum it will dedicate [Insert Number] (XX) hours per week to the PROJECT through the duration of the Construction. c. The ARCHITECT shall provide technical direction to a full-time Project Inspector employed by, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited responsible to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely mannerDISTRICT, as required by applicable law. The ARCHITECT shall direct and monitor the work of the Laboratory of Record as required by applicable law and provide code required supervision of Special Inspectors not provided by the Laboratory of Record. Upon the DISTRICT’s award of a Construction Contract to the Contractor, the ARCHITECT shall obtain the necessary Project Inspection Cards (“PIC”) (Form DSA 152) from the DSA that are needed for the Project Schedule (Inspector’s use in approving and all revisions signing off work on the PROJECT as it is completed by the Contractor. The ARCHITECT shall verify that the Project Inspector has the appropriate amount of PIC’s that are needed for the inspection and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectentire PROJECT prior to the commencement of any work by the Contractor on the PROJECT. The ARCHITECT shall provide the Project Inspector, Laboratory of Record and each Special Inspector an electronic copy of the DSA approved Construction Documents including, but not limited to, the approved Statement of Structural Tests and Special Inspections (Form DSA 103) prior to the commencement of any work on the PROJECT. 2.6.4 Design Professional shalld. The ARCHITECT shall meet with the Project Inspector, at no cost DISTRICT, Contractor, Laboratory of Record and Special Inspectors as needed throughout the completion of the PROJECT to Universityverify, satisfactorily correct acknowledge and coordinate the testing and special inspection program required by the DSA approved Construction Documents. e. The ARCHITECT shall prepare Interim Verified Reports (Form DSA 6-AE) and submit such Interim Verified Reports to DSA, the Project Inspector and the DISTRICT prior to the Project Inspector’s approval and sign off of any and all errors, omissions, deficiencies, or conflicts in of the Construction Documents prepared by Design Professional or Design Professionalfollowing sections of the PROJECT’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.PIC’s as applicable: (1) Initial Site Work; (2) Foundation; (3) Vertical Framing;

Construction Phase. 2.6.1 The Construction Phase will commence on the date established by the Agreement between University and CM/Contractor, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Project. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.

Construction Phase. 2.6.1 a. The Construction Phase will commence on with the date established award of the Construction Contract to Contractor. b. The ARCHITECT shall reproduce fifteen (15) sets of contract documents and all progress prints for the DISTRICT's, PM/CM's and consultant's use. The remaining sets are to be provided as reimbursable expenses in conformance with Article XI. c. The ARCHITECT shall provide technical direction to a full-time PROJECT inspector employed by and responsible to the Agreement between University and CM/ContractorDISTRICT as required by applicable law. The ARCHITECT, and will terminate one year after Notice with the aid of Completion orthe DISTRICT's Civil Engineer, shall advise the Contractor in the absence preparation of a Notice marked set of Completion, one year after Final Completion, prints indicating dimensioned location of buried utility lines (record drawings) which shall be forwarded to the DISTRICT upon completion of the entire WorkPROJECT(S). 2.6.2 Design Professional d. The ARCHITECT will endeavor to secure compliance by Contractor with the contract requirements, but does not guarantee the performance of Contractor's contracts. e. The ARCHITECT shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions provide general administration of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Construction Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services periodic visits at the site as ARCHITECT deems necessary to render architectural observation which is distinguished from the continuous personal inspection of the PROJECT(S) inspector; make regular reports as may be required by governing agencies; keep the DISTRICT informed of the progress of construction; review schedules and shop drawings for compliance with design; approve substitution of materials, equipment, and the laboratory reports thereof subject to DISTRICT knowledge and approval; maintain construction accounts; prepare change orders for written approval of the DISTRICT; examine Contractor's applications for payment and issue certificates for payment in amounts approved by the ARCHITECT and DISTRICT; make final punch-list inspection of the PROJECT(S); assemble and deliver to the DISTRICT written guarantees, instruction books, diagrams, and charts required of and provided during by the Contractor; and issue the ARCHITECT's certificate of completion and final certificate for payment. f. The ARCHITECT, as part of his basic services, shall advise the DISTRICT of any deficiencies in construction following the acceptance of the work and prior to the expiration of the guarantee period of the PROJECT(S). g. The ARCHITECT shall be the interpreter of the requirements of the Construction Phase, Documents and advise the DISTRICT as to the performance by the Contractor thereunder. h. The ARCHITECT shall make recommendations to the DISTRICT on claims relating to the execution and progress of the work and all matters and questions relating thereto. The ARCHITECT's recommendations in matters relating to artistic effect shall be undertaken in conformance consistent with the Project Schedule (and all revisions and updates thereto)intent of the Construction Documents. i. The ARCHITECT shall advise the DISTRICT to reject work that does not conform to the Construction Documents. Design Professional The ARCHITECT shall employ and assign adequate professional staff and subconsultants promptly inform the DISTRICT, whenever, in the ARCHITECT's opinion, it may be necessary, to ensure its ability stop the work to perform services avoid the improper performance of the AGREEMENT. The ARCHITECT has authority to require additional inspection or testing of the work in accordance with the Project Schedule (and all proposed revisions and updates thereto). provisions of the Construction Documents, whether work is fabricated, installed or completed. j. The Design Professional ARCHITECT shall not issue orders to the Contractor that might commit the DISTRICT to extra expenses or otherwise amend the Construction Documents without first obtaining the written approval of the DISTRICT. k. The ARCHITECT shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties DISTRICT's representative during construction in cooperation with the Project Schedule; negotiation of price changes; PM/CM and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative the DISTRICT and PM/CM. The ARCHITECT shall keep University Representative informed have authority to act on behalf of the observed progress DISTRICT only to the extent provided in this AGREEMENT unless otherwise modified in writing. l. The ARCHITECT in cooperation with the PM/CM, shall review and certify the amounts due the Contractor. The ARCHITECT's certification for payment shall constitute a representation to the DISTRICT, based on the ARCHITECT's observations and inspections at the site, that the work has progressed to the level certified, that quality of the Workwork is in accordance with the Construction Documents and that the Contractor is entitled to payment in the amount certified. m. The ARCHITECT shall review and approve or take other appropriate action upon Contractor's submittals of shop drawings, product data, and samples for the purpose of checking for conformance with the Construction Documents. The Design Professional ARCHITECT's action shall render written or graphic interpretations and decisions that are consistent not delay the work, but should allow for sufficient time in the ARCHITECT's professional judgment to permit adequate review. n. The ARCHITECT in cooperation with the intent ofPM/CM shall prepare change orders with supporting documentation and data for the DISTRICT's review in accordance with the Construction Documents, and reasonably inferable from, may authorize minor changes in the Contract Documents; review work not involving an adjustment in the contract sum or an extension of time. The ARCHITECT shall evaluate and recommend any action to be taken make written recommendations regarding CM/Contractor's proposals for possible change orders. o. The ARCHITECT shall inspect the PROJECT to determine the date or dates of final completion, receive from the Contractor and forward to the DISTRICT for the DISTRICT's review all written warranties and related documents required submittals; and evaluate, with by the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Construction Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance issue a final certificate for payment upon Contractor compliance with the requirements of the Project Schedule (Construction Documents. p. The ARCHITECT shall be responsible for gathering information and all proposed revisions processing forms required by applicable governing authorities, such as building departments, local Fire Departments, OPSC, and updates thereto). The Design Professional shall perform all Construction Phase services DSA, in a timely manner, as required by the Project Schedule (manner and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectproper PROJECT close-out. 2.6.4 Design Professional shallq. Prior to start of construction, at no cost the following two documents are required: (1) Contract Information Form DSA-102. (2) Inspector Qualification Record Form DSA-5 should be submitted 10 days prior to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts the time of starting construction. r. The ARCHITECT shall provide assistance in the Construction Documents prepared by Design Professional utilization of equipment or Design Professional’s consultants promptly upon discovery or notice. The obligations systems such as testing, adjusting and balancing, preparation of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professionaloperation and maintenance manuals, training personnel for operation and maintenance and consultation during operation.

Construction Phase. 2.6.1 The Construction Phase will commence on with the date established by the Agreement between University and CM/Contractor, and will terminate one year after Notice of Completion or, in the absence issuance of a Notice to Proceed by the Owner to the Design-Builder. Prior to the start of Completionconstruction, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by certify that the University’s Representative. Pre-construction meetings may following documents have been submitted to DSA: Contract Information Form DSA-102 Inspector Qualification Record Form DSA-5 should be held submitted 10 days prior to commencement the time of separate portions starting construction The Design-Builder shall reproduce three (3) full-size sets of the Projectfinal DSA approved Construction Documents and in PDF format for the Owner’s use at the Design-Builder’s expense. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during During the Construction Phase, shall once every week, the Owner’s representative will conduct an “all hands” meeting wherein all relevant parties as requested by the Owner’s representative (including each of Design-Builder’s consultants as applicable) will meet to review the status of construction and the overall Project requirements. The frequency of such meetings may be undertaken in conformance with adjusted as mutually agreed upon by the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto)parties. The Design Professional shall be fully provide technical direction to a full-time Project Inspector employed by, and responsible for all matters related to to, the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out Owner, as required by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representativeapplicable law. The Design Professional shall advise direct and consult with University Representative and shall keep University Representative informed monitor the work of the observed progress Laboratory of Record as required by applicable law and provide code required supervision of Special Inspectors not provided by the WorkLaboratory of Record. The Design Professional shall render written or graphic interpretations and decisions confirm that the Project Inspector has the necessary Project Inspection Cards (“PIC”) (Form DSA 152) from the DSA that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions needed for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (Inspector’s use in approving and all proposed revisions and updates thereto)signing off work on the Project as it is completed by the Design-Builder during construction. The Design Professional shall perform all verify that the Project Inspector has the appropriate amount of PIC’s that are needed for the inspection and completion of the entire Project prior to the commencement of any construction work on the Project. The Design Professional shall provide the Project Inspector, Laboratory of Record and each Special Inspector with a copy of the DSA approved Construction Phase services in a timely mannerDocuments including, but not limited to, the approved Statement of Structural Tests and Special Inspections (Form DSA 103) prior to the commencement of any work on the Project at the Design Professional’s expense. The Design Professional shall meet with the Project Inspector, Owner, Laboratory of Record and Special Inspectors as needed throughout the completion of the Project to verify, acknowledge and coordinate the testing and special inspection program required by the Project Schedule (and all revisions and updates thereto), this Agreement and the Contract DSA approved Construction Documents. The Design Professional shall employ prepare Interim Verified Reports (Form DSA 6-AE) and assign adequate professional staff submit such Interim Verified Reports to DSA, the Project Inspector and subconsultants the Owner prior to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption the Project Inspector’s approval and sign off of construction or a delay in completion any of the following sections of the Project. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.PIC’s as applicable:

Construction Phase. 2.6.1 The NIC 1. Upon AOC’s decision to authorize the Construction Phase will commence on the date established by the Agreement between University and CM/Contractorof this Agreement, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior Contractor agrees to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant execute an Amendment to this Agreement within the time provided in proposed revisions with all of its exhibits and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services attachments completed in accordance with the Project approved Construction Documents and the Master Schedule (which shall include Exhibit H. Contractor agrees that it shall provide the Construction Services and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related the construction of the Project and provision of the Construction Phase Services, in accordance with this Agreement and the terms and conditions of Exhibit H, according to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative schedule specified in the University Representative’s provision of contract administration services as those services are described in the Contract DocumentsMaster Schedule. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed paid not more than the GMAX price for the provision of the observed progress of the Workconstruction and said Services. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to Payments will be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed made in accordance with Exhibit B and H as applicable. 2. Contractor agrees that it shall utilize the requirements Subcontractors responsible for the bid / alternates selection that resulted in the GMAX price to perform the Construction work. If the value of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional subcontract is greater than one half of one percent of the GMAX, then that Subcontractor shall perform all Construction Phase services in be a timely manner, listed subcontractor as required by the Public Contract Code, section 4100 et seq and Exhibit E shall be amended to document as Subcontractors. 3. Contractor shall enter into contracts with the accepted low responsive Subcontractor bidders for each bid package and proceed with the provision of the Construction Phase Services and Construction Work, according to 4. The Contractor shall conduct a preconstruction conference with the subcontractors, Architect, Inspector of Record, AOC Project Schedule Manager and other appropriate persons. Services include preparation of meeting agenda, preparation of construction procedures for clarifications, change orders, shop drawings, progress payments, field testing and inspection, and safety program, and preparation and distribution of preconstruction conference notes. 5. The Contractor will conduct bids for procurement of modular and free- standing furniture, furnishings, and equipment to prequalified vendors. These procurements will be conducted economically and expeditiously, under fair competition, and in accordance with sound procurement practice. The process requires the solicitation of bids, quotes, or proposals (and all revisions and updates thereto)collectively, this Agreement offers) from providers, the evaluation of responses against predetermined criteria and the Contract Documentsaward to the offeror that best satisfies the stated criteria. Design Professional All procurements and awards will be subject AOC review. Notwithstanding AOC’s review of the bid packages, Contractor warrants the bid packages developed shall employ and assign adequate professional staff and subconsultants conform to ensure that its interpretationsthe provisions of this Agreement. Any omissions, decisions, reviewserrors, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay ambiguities in completion the bid packages shall be construed against the Contractor and in favor of the ProjectAOC. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.

Construction Phase. 2.6.1 a. Prior to the start of construction, the ARCHITECT shall certify that the following documents have been submitted to DSA: (1) Contract Information Form DSA-102. (2) Inspector Qualification Record Form DSA-5 should be submitted 10 days prior to the time of starting construction. b. The Construction Phase will commence with the award of the Construction Contract to Contractor. c. The ARCHITECT shall reproduce five (5) sets of Construction Documents and all progress prints for the DISTRICT’s and the DISTRICT’s consultant’s use at the ARCHITECT’s expense. d. The ARCHITECT shall provide technical direction to a full-time Project Inspector employed by, and responsible to, the DISTRICT, as required by applicable law. The ARCHITECT shall direct and monitor the work of the Laboratory of Record as required by applicable law and provide code required supervision of Special Inspectors not provided by the Laboratory of Record. Upon the DISTRICT’s award of a Construction Contract to the Contractor, the ARCHITECT shall obtain the necessary Project Inspection Cards (“PIC”) (Form DSA 152) from the DSA that are needed for the Project Inspector’s use in approving and signing off work on the date established PROJECT as it is completed by the Agreement between University Contractor. The ARCHITECT shall verify that the Project Inspector has the appropriate amount of PIC’s that are needed for the inspection and CM/Contractor, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, completion of the entire WorkPROJECT prior to the commencement of any work by the Contractor on the PROJECT. The ARCHITECT shall provide the Project Inspector, Laboratory of Record and each Special Inspector with a copy of the DSA approved Construction Documents including, but not limited to, the approved Statement of Structural Tests and Special Inspections (Form DSA 103) prior to the commencement of any work on the PROJECT at the ARCHITECT’s expense. 2.6.2 Design Professional e. The ARCHITECT shall attend meet with the Project Inspector, DISTRICT, Contractor, Laboratory of Record and participate in all pre-construction meetings called Special Inspectors as needed throughout the completion of the PROJECT to verify, acknowledge and coordinate the testing and special inspection program required by the University’s Representative. PreDSA approved Construction Documents. f. The ARCHITECT shall prepare Interim Verified Reports (Form DSA 6-construction meetings may be held AE) and submit such Interim Verified Reports to DSA, the Project Inspector and the DISTRICT prior to commencement the Project Inspector’s approval and sign off at all phases of separate work as required by DSA. If the ARCHITECT has delegated responsibility for any portion of the PROJECT’s design to other engineers, the ARCHITECT shall ensure that such engineers submit the necessary Interim Verified Reports (Form DSA 6-AE) to DSA, the Project Inspector and the DISTRICT during the course of construction and prior to the Project Inspector’s approval and sign off of the above sections of the DSA Form 152 as they relate to the portions of the Project. Attendees PROJECT that were delegated to such engineers. g. The ARCHITECT shall be Design Professional’s consultantsresponsible for reviewing and ensuring, CM/on a monthly basis, that the Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary is maintaining an up-to-date set of as-built documents which will be furnished to the DISTRICT upon completion. The ARCHITECT shall review the as-built documents prepared by the UniversityContractor on a monthly basis and report whether they appear to be up to date, based upon the ARCHITECT’s observations of the PROJECT. If it appears the as-built documents are not being kept up to date by the Contractor, the ARCHITECT shall recommend to the DISTRICT, in writing, an appropriate withholding from the Contractor’s monthly payment application to account for the Contractor’s failure to maintain such as-built documents. 2.6.3 h. The Design ProfessionalARCHITECT will endeavor to secure compliance by Contractor with the Contract requirements, but does not guarantee the performance of the Contractor ’s responsibilities Contract. i. The ARCHITECT shall includeprovide general administration of the Construction Documents including, but not be limited to, interpretation the following: (1) Visiting the PROJECT site to maintain such personal contact with the PROJECT as is necessary to assure the ARCHITECT that the Contractor’s work is being completed, in every material respect, in compliance with the DSA approved Construction Documents (in no case shall the number of visits be less than once every week or as necessary to observe work being completed in connection with each block/section of a PIC so the ARCHITECT can verify that the work does or does not comply with the DSA approved Construction Documents, whichever is greater) in order to: i. Become familiar with, and to keep the DISTRICT informed about, the progress and quality of the Contract Documents; periodic site observations; review of submittals; review portion of the Project Schedule (work completed and all proposed updates for the preparation of the weekly written reports the ARCHITECT will prepare and revisions thereto); providing comments submit to the University’s Representative regarding Design Professional’s ability DISTRICT for its review; ii. Become familiar with, and to undertake its responsibilities pursuant to this Agreement within keep DSA and Project Inspector informed about, the time provided in proposed revisions progress and updates to quality of the Project Schedule; providing cost or schedule analysis portion of the work completed and for field or change orders; the preparation of documents the necessary Interim Verified Reports the ARCHITECT will prepare and submit to DSA and Project Inspector as necessary for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities timely inspection of the Design Professional pursuant to this Agreement, including but not limited to services provided PROJECT and for the approval and sign off of each block/section of the PIC’s during the Construction Phasecourse of the PROJECT’s construction; iii. Endeavor to guard against nonconforming work and deficiencies in the work; iv. Determine if the work is being performed in a manner indicating that the work, shall when fully completed, will be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the approved DSA Construction Documents; v. Attend weekly on-site construction meetings, and being otherwise available to the DISTRICT and the Project Schedule Inspector for site meetings on an “as-needed” basis; vi. Examine Contractor applications for payment and to issue certificates for payment in amounts approved by the necessary parties; and vii. Verify, at least monthly, in coordination with the Project Inspector, that all as-built documents are being updated pursuant to the Contract between the DISTRICT and the Contractor. (2) Making regular reports as may be required by all governmental agencies or authorities having jurisdiction over the PROJECT; (3) Reviewing schedules and shop drawings for compliance with design; (4) Approving substitution of materials, equipment, and the laboratory reports thereof for conformance to the DISTRICT’s standards subject to DISTRICT knowledge and approval; (5) Responding to DSA field trip notes; (6) Preparing Construction Change Documents for approval by DSA; (7) Preparing Immediate Change Directives as directed by the DISTRICT; (8) Preparing change orders for written approval by the DISTRICT; (9) Making Punch List observations when the PROJECT reaches Substantial Completion; (10) Determining date of Substantial Completion and the date of final completion of the PROJECT; (11) Providing a color schedule of all proposed revisions materials for the PROJECT for the DISTRICT’s review and updates thereto). approval; (12) Assembling and delivering to the DISTRICT written guarantees, instruction books, diagrams, charts, and as-built documents that will be provided by the Contractor pursuant to the Contract between the DISTRICT and the Contractor; (13) Issuing the ARCHITECT’s Certificate of Substantial Completion, Certificate of Completion and final certificate for payment; and (14) Providing any other architectural services to fulfill the requirements of the Construction Documents and this AGREEMENT. j. ARCHITECT shall provide the DISTRICT with written reports, as necessary, to inform the DISTRICT of any problems arising during construction, changes contemplated as a result of each problem, and the progress of work. k. The Design Professional ARCHITECT, as part of the ARCHITECT’s Basic Services, shall advise the DISTRICT of any deficiencies in construction following the acceptance of the work and prior to the expiration of the guarantee period of the PROJECT. l. The ARCHITECT shall be fully responsible for all matters related the interpreter of the requirements of the Construction Documents and advise the DISTRICT as to the Design Professional’s design and all of performance by the Design Professional’s Contractor thereunder. m. The ARCHITECT shall make recommendations to the University which are carried out by DISTRICT on claims relating to the University without substantive changeexecution and progress of the work and all matters and questions relating thereto. The Design ProfessionalARCHITECT’s duties recommendations in matters relating to artistic effect shall be consistent with the intent of the Construction Documents. n. The ARCHITECT shall advise the DISTRICT to reject work which does not conform to the Construction Documents. The ARCHITECT shall promptly inform the DISTRICT whenever, in the ARCHITECT’s opinion, it may be necessary to stop the work to avoid the improper performance of the Construction Agreement. The ARCHITECT has authority to require additional inspection or testing of the work in accordance with the provisions of the Construction Documents, whether work is fabricated, installed, or completed. o. The ARCHITECT shall not include administration issue orders to the Contractor that might commit the DISTRICT to extra expenses, or otherwise amend the Construction Documents, without first obtaining the written approval of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor DISTRICT. p. The ARCHITECT shall be sent the DISTRICT’s representative during construction and received by University’s Representative. The Design Professional shall advise and consult with University Representative the DISTRICT. The ARCHITECT shall have authority to act on behalf of the DISTRICT only to the extent provided in this AGREEMENT, unless otherwise modified in writing. q. The ARCHITECT shall prepare all documents and/or drawings made necessary by errors and omissions in the originally approved drawings or specifications, and such modifications therein as may be necessary to meet unanticipated conditions encountered during construction, at no additional cost or expense to the DISTRICT. In addition, the ARCHITECT shall, at no additional cost, provide services made necessary by defect or deficiencies in the work of the Contractor which, through reasonable care, should have been discovered by the ARCHITECT and promptly reported to the DISTRICT and Contractor, but which ARCHITECT failed to do. r. The ARCHITECT shall examine, verify, and approve the Contractor’s applications for payment and issue certificates for payment for the work and materials provided by the Contractor which also reflect the ARCHITECT’s recommendation as to any amount which should be retained or deducted from those payments under the terms of the Construction Documents or for any other reason. The ARCHITECT’s certification for payment shall constitute a representation to the DISTRICT, based on the ARCHITECT’s observations and inspections at the site, that the work has progressed to the level certified, that quality of the work is in accordance with the DSA approved Construction Documents, that the as-built documents are up to date, and that the Contractor is entitled to payment in the amount certified. s. The ARCHITECT shall review and approve, or take other appropriate action, upon the Contractor’s submittals of shop drawings, product data, and samples for the purpose of checking for conformance with the Construction Documents. The ARCHITECT’s actions shall not delay the work, but should allow for sufficient time, in the ARCHITECT’s professional judgment, to permit adequate review. The ARCHITECT shall ensure that all deferred approval submittals are resolved and approved by DSA prior to incorporation in the PROJECT. t. After the PROJECT has been let, all changes to the DSA approved Construction Documents shall be made by means of a Construction Change Document (“CCD”) unless otherwise approved by the DISTRICT in writing. The ARCHITECT shall be responsible for preparing each CCD related to the PROJECT and shall keep University Representative informed determine which changes affect the Structural, Access or Fire & Life Safety (collectively “SAFLS”) portions of the observed progress PROJECT and ensure that such changes are documented and implemented through a written CCD-Category A (Form DSA 140). All CCD-Category A’s must be submitted to DSA by the ARCHITECT with all supporting documentation and data and must be approved by DSA before such work can commence on the PROJECT. The ARCHITECT shall obtain the DISTRICT’s approval of all CCD-Category A’s before they are submitted to DSA for review and approval. All other changes to the DSA approved Construction Documents not involving SAFLS portions of the WorkPROJECT are not required to be submitted to DSA unless DSA specifically requires such changes to be submitted to DSA in the form of a written CCD (Form DSA 140) inclusive of all supporting documentation and data. Changes that are not determined by the ARCHITECT and/or DSA to require documentation through an approved CCD-Category A/B shall be documented through an alternative CCD form or other document approved by the DISTRICT or required by DSA. u. The ARCHITECT shall prepare and issue Immediate Change Directives (“ICD”) to the Contractor when directed by the DISTRICT to complete the work that is necessary due to the Contractor’s failure to complete the PROJECT in accordance with the DSA approved Construction Documents. The Design Professional ARCHITECT shall render written or graphic interpretations provide the Project Inspector with a copy of the ICD and decisions that are consistent direct the Project Inspector to inspect the work as it is completed in accordance with the intent ofICD. v. All changes to the DSA approved Construction Documents, whether set forth in a CCD, ICD or any other document approved by the DISTRICT, shall be incorporated into change orders by the ARCHITECT for the DISTRICT’s approval. Each change order shall identify: (1) the description of the change in the work; (2) the amount of the adjustment to the Contractor’s Contract sum, if any; and (3) the extent of the adjustment in the Contractor’s Contract Time, if any. The ARCHITECT shall prepare change orders, with supporting documentation and data, for the DISTRICT’s review in accordance with the Construction Documents, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names may authorize minor changes in the Contract Documents work not involving an adjustment in the contract sum or an extension of time. The ARCHITECT shall evaluate and recommend either approval make written recommendations regarding Contractor’s proposals for possible change orders. w. The ARCHITECT shall inspect the PROJECT to determine the date or rejection dates of substitutions as being equal in quality, utilitySubstantial Completion and final completion. The ARCHITECT shall receive and forward to the DISTRICT for the DISTRICT’s review all written warranties and related documents required by the Construction Documents, and appearance. Such services shall be performed in accordance issue a final certificate for payment upon Contractor compliance with the requirements of the Project Schedule Construction Documents. In the event the approved schedule for the PROJECT has been exceeded due to the fault of the Contractor, the ARCHITECT shall issue a written notice to the DISTRICT and the Contractor evaluating the cause of the delay(s) and shall advise the DISTRICT and the Contractor of the commencement of liquidated damages under the Contract between the DISTRICT and Contractor. x. The ARCHITECT shall provide written evaluation of the Contractor’s performance under the requirements of the Construction Documents when requested in writing by the DISTRICT. When the ARCHITECT has actual knowledge of any defects, errors, or deficiencies with respect to the Contractor’s performance on the PROJECT, the ARCHITECT shall provide the DISTRICT and the Contractor with written notification of such defects, errors, or deficiencies. y. The ARCHITECT shall: (1) Review all requests for information (“RFI”), submittals, and substitution requests that are submitted by the Contractor in connection with the PROJECT; (2) Determine the data criteria required to evaluate requests for substitutions; and (3) Be responsible for ensuring that all proposed revisions RFI’s, submittals and updates thereto). substitution requests by the Contractor are responded to not later than fourteen (14) days, or as soon as the circumstances require. z. The Design Professional ARCHITECT shall perform all Construction Phase services be responsible for gathering information and processing forms required by any applicable governing agencies and/or authorities having jurisdiction over the PROJECT including, but not limited to, the County Health Department, the local building departments, local fire departments, the OPSC, and DSA, in a timely manner, as required manner and ensure proper close-out of the PROJECT. aa. The ARCHITECT shall obtain the DISTRICT’s approval of all CCD’s immediately following the request for such changes by the Project Schedule Contractor or upon any other circumstances necessitating a change. Furthermore, the ARCHITECT shall maintain a log of all CCD’s, ICD’s change orders or any other DISTRICT approved form documenting changes to the DSA approved Construction Documents (and all revisions and updates theretothe “Changes Log”), this Agreement including status, for the DISTRICT’s review and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Project. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or noticeapproval. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.AR

Construction Phase. 2.6.1 a. The Construction Phase will commence on with the date established award of the Construction Contract to Contractor. b. The ARCHITECT shall reproduce fifteen (15) full size sets of contract documents and all progress prints for the DISTRICT’s and consultants’ use at the DISTRICT’s expense. The sets are to be provided as reimbursable expenses in conformance with Article XI. c. The ARCHITECT shall provide technical direction to a full time PROJECT inspector employed by and responsible to the DISTRICT as required by applicable law. The ARCHITECT shall advise the Contractor in the preparation of a marked set of prints indicating dimensioned location of buried utility lines (record drawings) which shall be forwarded to the DISTRICT upon completion of the PROJECT. d. The ARCHITECT will endeavor to secure compliance by Contractor with the contract requirements, but does not guarantee the performance of Contractor’s contracts. The ARCHITECT is not responsible or in charge of contractor’s means, methods or safety program. e. The ARCHITECT shall provide general administration of the Construction Documents, including, but not limited to, periodic visits at the site as ARCHITECT deems necessary to render architectural observation which is distinguished from the continuous personal inspection of the PROJECT inspector (in no case shall the number of visits be less than once every week); make regular reports as may be required by governing agencies; keep the DISTRICT informed of the progress of construction; answer RFI’s and review submittals promptly to maintain project schedule; review schedules and shop drawings for compliance with design; approve substitution of materials, equipment, and the laboratory reports thereof subject to DISTRICT knowledge and approval; maintain construction accounts; prepare change orders for written approval of the DISTRICT; examine Contractor’s applications for payment and issue certificates for payment in amounts approved by the Agreement between University ARCHITECT and CM/ContractorDISTRICT; provide a color schedule of all materials in the PROJECT for DISTRICT’s review and approval; determine date of completion of the PROJECT; make final punch-list inspection of the PROJECT; deliver to the DISTRICT written guarantees, instruction books, diagrams, and will terminate one year after Notice charts required of Completion orthe Contractor; and issue the ARCHITECT’s certificate of completion and final certificate for payment. ARCHITECT shall not be compensated any fee for work required as a result of any error or omission. Errors shall be charged to the ARCHITECT at 100% of corrective cost, while omissions shall be charged at a rate of 20% of the corrective cost. f. The ARCHITECT, as part of his/her basic services, shall advise the DISTRICT of any deficiencies in construction following the acceptance of the work and prior to the expiration of the guarantee period of the PROJECT. g. The ARCHITECT shall be the interpreter of the requirements of the Construction Documents and advise the DISTRICT as to the performance by the Contractor there under. h. The ARCHITECT shall make recommendations to the DISTRICT on claims relating to the execution of and progress of the work and all matters and questions relating thereto. The ARCHITECT’s recommendations in matters relating to artistic effect shall be consistent with the intent of the Construction documents. i. The ARCHITECT shall advise the DISTRICT to reject work which does not conform to the Construction Documents. The ARCHITECT shall promptly inform the DISTRICT, whenever, in the absence of a Notice of CompletionARCHITECT’s opinion, one year after Final Completionit may be necessary, to stop the work to avoid the improper performance of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representativeagreement. Pre-construction meetings may be held prior The ARCHITECT has authority to commencement of separate portions require additional inspection or testing of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services work in accordance with the Project Schedule (and all proposed revisions and updates thereto). provisions of the Construction Documents, whether work is fabricated, installed or completed. j. The Design Professional ARCHITECT shall not issue orders to the Contractor that might commit the DISTRICT to extra expenses or otherwise amend the Construction Documents without first obtaining the written approval of the DISTRICT. k. The ARCHITECT shall be fully responsible for all matters related to the Design ProfessionalDISTRICT’s design representative during construction and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and the DISTRICT. The ARCHITECT shall keep University Representative informed have authority to act on behalf of the observed progress DISTRICT only to the extent provided in this agreement unless otherwise modified in writing. l. The ARCHITECT shall review and certify the amounts due the Contractor. The ARCHITECT’s certification for payment shall constitute a representation to the DISTRICT, based on the ARCHITECT’s observations and inspections at the site, that the work has progressed to the level certified, that quality of the Workwork is in accordance with the Construction Documents and that the Contractor is entitled to payment in the amount certified. m. The ARCHITECT shall review and approve or take other appropriate action upon Contractor’s submittals of shop drawings, product data, and samples for the purpose of checking for conformance with the Construction Documents. The Design Professional ARCHITECT’s action shall render written or graphic interpretations not delay the work, but should allow for sufficient time in the ARCHITECT’s professional judgment to permit adequate review. n. The ARCHITECT shall prepare change orders with supporting documentation and decisions that are consistent data for the DISTRICT’s review in accordance with the intent ofConstruction Documents, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names may authorize minor changes in the Contract work not involving an adjustment in the contract sum or an extension of time. The ARCHITECT shall promptly evaluate and make written recommendations regarding Contractor’s proposals for possible change orders in order to maintain project schedule and resolve claims. ARCHITECT shall, at ARCHITECT’s expense, prepare a set of reproducible record drawings, as well as AutoCAD and PDF versions, acceptable to the District, showing significant change in the work made during construction based on marked-up prints, drawings, addenda, change orders, RFI responses, show drawings, and other data furnished by the Contractor to the ARCHITECT. o. The ARCHITECT shall inspect the PROJECT to determine the date or dates of final completion, receive and forward to the DISTRICT for the DISTRICT’s review all written warranties and related documents required by the Construction Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance issue a final certificate for payment upon Contractor compliance with the requirements of the Project Schedule (Construction Documents. p. The ARCHITECT shall provide services in connection with evaluating substitutions proposed by the Contractor and all proposed making subsequent revisions to drawings, specifications and updates thereto). other documentation resulting there from. q. The Design Professional ARCHITECT shall perform all Construction Phase services be responsible for gathering information and processing forms required by applicable governing authorities, such as DSA closure with certification and local Fire Departments, in a timely mannermanner and ensure proper PROJECT close-out. r. The ARCHITECT shall evaluate and render written recommendations, as required by the Project Schedule (and within a reasonable time on all revisions and updates thereto)claims, this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, disputes or other functions pursuant matters at issue between the DISTRICT and Construction Manager or Contractor relating to this Agreement do not cause the execution or contribute to a disruption of construction or a delay in completion progress of the Projectwork as provided in the construction contract. Under no circumstances should this evaluation take longer than 20 calendar days from the date the claim is received by ARCHITECT. 2.6.4 Design Professional shalls. The ARCHITECT shall prepare, in versions acceptable to the District, AutoCAD and PDF files of all as-built conditions in concert with item “o” above, at no cost additional cost. t. Prior to Universitystart of construction, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts the following two documents are required: (i) Contract Information Form DSA-102. (ii) Inspector Qualification Record Form DSA-5 should be Submitted 10 days prior to the time of starting construction. u. The ARCHITECT shall provide assistance in the Construction Documents prepared by Design Professional utilization of equipment or Design Professional’s consultants promptly upon discovery or notice. The obligations systems such as testing, adjusting and balancing, preparation of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professionaloperation and maintenance manuals, training personnel for operation and maintenance and consultation during operation.

Construction Phase. 2.6.1 The Upon AOC’s decision to authorize the Construction Phase will commence on the date established by the Agreement between University and CM/Contractorof this Agreement, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior Contractor agrees to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant execute an Amendment to this Agreement within in the time provided in proposed revisions form of Exhibit H, with all of its exhibits and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services attachments completed in accordance with the Project Schedule (approved Construction Documents and all proposed revisions the Master Schedule. Contractor agrees that it shall provide the Construction Services and updates thereto). The Design Professional shall be fully responsible for all matters related the construction of the Project and provision of the Construction Phase Services, in accordance with this Agreement and the terms and conditions of Exhibit H, according to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative schedule specified in the University Representative’s provision of contract administration services as those services are described in the Contract DocumentsMaster Schedule. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed paid not more than the GMAX price for the provision of the observed progress of the Workconstruction and said Services. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to Payments will be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed made in accordance with Exhibit B. Contractor agrees that it shall utilize the requirements Subcontractors responsible for the bid / alternates selection that resulted in the GMAX price to perform the Construction work. If the value of the Project Schedule (subcontract is greater than one half of one percent of the GMAX, then that Subcontractor shall be a listed subcontractor as required by the Public Contract Code, section 4100 et seq and all proposed revisions Exhibit E shall be amended to document as Subcontractors. Contractor shall enter into contracts with the accepted low responsive Subcontractor bidders for each bid package and updates thereto). The Design Professional shall perform all proceed with the provision of the Construction Phase services Services and Construction Work, according to the provisions of the bid packages and Exhibit H. The CM shall conduct a preconstruction conference with the subcontractors, Architect, Inspector of Record, AOC Project Manager and other appropriate persons. Services include preparation of meeting agenda, preparation of construction procedures for clarifications, change orders, shop drawings, progress payments, field testing and inspection, and safety program, and preparation and distribution of preconstruction conference notes. Following each Project status meeting during the Construction Phase , Contractor shall prepare, organize, and distribute in a timely manner, as required by the Project Schedule meeting notes and lists of accomplishments and action items for review, comment, and use. Preliminary Plan Phase. Schematic Design: Start date: _____________ Completion date: ______________ Design Development: Start date: _____________ Completion date: ______________ Estimated start date: _____________ Estimated completion date of 50% Construction Documents: _____________ Estimated completion date of 100% Construction Documents: _____________ Bidding Phase Services: Estimated start date: ____________ Estimated completion date: _____________ Estimated start date of Construction: _____________ Estimated completion date of Constructions: (and all revisions and updates thereto), +518 Calendar Days) The total Contract Amount under this Agreement and will be as set forth on the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the ProjectCoversheet. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.

Construction Phase. 2.6.1 The (a) Prior to the execution of the Power Purchase Agreement, the Seller must comply with the Insurance Requirements for construction phase included as B-1 [Construction Phase will commence on the date established by the Agreement between University and CM/Contractor, and will terminate one year after Notice of Completion or, Insuranec Requirements] in the absence of a Notice of Completion, one year after Final Completion, of the entire WorkPPA. 2.6.2 Design Professional shall attend and participate (b) Seller must comply with all requirements set forth in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the UniversityAttachment 5 [Engineering & Construction Requirements]. 2.6.3 The Design Professional’s responsibilities (c) Seller shall provide to Buyer an Installation & Construction plan that shall include, but not at a minimum, the following: (i) Detailed array layout with stringing configuration (ii) Mounting and racking details (iii) Details of electrical transmission showing conduit routing and location of electrical enclosures, conduit support details, and enclosure mounting details (iv) Electrical single line diagram (v) Electrical three line diagram (vi) Monitoring plan (vii) Construction project plan with timeline (d) Seller shall cause the System to be limited todesigned, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (installed and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services constructed in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluateCalifornia Building Code, with the University’s Representativelaws and regulations of all governmental authorities with jurisdiction, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the all requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and pursuant to the Contract Documentsfinal approved project design, and at Seller’s sole cost. Design Professional Upon completion of construction of the System, Seller shall employ and assign adequate professional staff and subconsultants to be responsible for verifying System performance on an ongoing basis. (e) Minimum Standards: Seller shall ensure that minimum design standards are followed, including; (i) All power generation and transmission equipment shall be UL listed for its interpretationsuse (ii) Generating Facility must meet all regulatory and environmental requirements including but not necessarily limited to PG&E, decisionsCSI, reviewsCPUC, Fire ▇▇▇▇▇▇▇▇, UL, UBC, and CEQA. (iii) Requirements of Material 1. Fasteners and hardware throughout system shall be stainless steel or material of equivalent corrosion resistance 2. Racking components shall be anodized aluminum, hot dipped galvanized steel, or other functions pursuant material of equivalent corrosion resistance 3. Unprotected steel shall not to this Agreement do not cause or contribute be used in any components 4. Seller shall obtain electrical PE stamp verifying the integrity and code compliance of proposed PV systems and interconnection with facilities (iv) All conductors, RHW and otherwise, must be covered to prevent exposure to sunlight (v) All penetrations flashed and sealed by a disruption of construction or a delay in completion certified roofer and maintain current warranty. (vi) Array layout shall be designed to provide walking access around the perimeter of the Projectroof and convenient access to existing roof mounted HVAC equipment (vii) Parking canopy systems shall be designed to include safety lighting, impact resistance, and height requirements as specified by site. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work (viii) A Monitoring System shall not in any way limit any other obligations of Design Professionalbe included for each Generating Facility.

Construction Phase. 2.6.1 a. The Construction Phase will commence on with the date established award of the Construction Contract to Contractor. b. The ARCHITECT shall reproduce fifteen (15) full size sets of contract documents and all progress prints for the DISTRICT’s and consultants’ use at the ARCHITECT’s expense. The remaining sets are to be provided as reimbursable expenses in conformance with Article XI. c. The ARCHITECT shall provide technical direction to a full time PROJECT inspector employed by and responsible to the DISTRICT as required by applicable law. The ARCHITECT shall advise the Contractor in the preparation of a marked set of prints indicating dimensioned location of buried utility lines (record drawings) which shall be forwarded to the DISTRICT upon completion of the PROJECT. d. The ARCHITECT will endeavor to secure compliance by Contractor with the contract requirements, but does not guarantee the performance of Contractor’s contracts. e. The ARCHITECT shall provide general administration of the Construction Documents, including, but not limited to, periodic visits at the site as ARCHITECT deems necessary to render architectural observation which is distinguished from the continuous personal inspection of the PROJECT inspector (in no case shall the number of visits be less than once every week); make regular reports as may be required by governing agencies; keep the DISTRICT informed of the progress of construction; answer RFI’s and review submittals promptly to maintain project schedule; review schedules and shop drawings for compliance with design; approve substitution of materials, equipment, and the laboratory reports thereof subject to DISTRICT knowledge and approval; maintain construction accounts; prepare change orders for written approval of the DISTRICT; examine Contractor’s applications for payment and issue certificates for payment in amounts approved by the Agreement between University ARCHITECT and CM/ContractorDISTRICT; provide a color schedule of all materials in the PROJECT for DISTRICT’s review and approval; determine date of completion of the PROJECT; make final punch-list inspection of the PROJECT; assemble and deliver to the DISTRICT written guarantees, instruction books, diagrams, and will terminate one year after Notice charts required of Completion orthe Contractor; and issue the ARCHITECT’s certificate of completion and final certificate for payment. ARCHITECT shall not be compensated any fee for work required as a result of any error or omission. Errors shall be charged to the ARCHITECT at 100% of corrective cost, while omissions shall be charged at a rate of 20% of the corrective cost. f. The ARCHITECT, as part of his/her basic services, shall advise the DISTRICT of any deficiencies in construction following the acceptance of the work and prior to the expiration of the guarantee period of the PROJECT. g. The ARCHITECT shall be the interpreter of the requirements of the Construction Documents and advise the DISTRICT as to the performance by the Contractor there under. h. The ARCHITECT shall make recommendations to the DISTRICT on claims relating to the execution of and progress of the work and all matters and questions relating thereto. The ARCHITECT’s recommendations in matters relating to artistic effect shall be consistent with the intent of the Construction documents. i. The ARCHITECT shall advise the DISTRICT to reject work which does not conform to the Construction Documents. The ARCHITECT shall promptly inform the DISTRICT, whenever, in the absence of a Notice of CompletionARCHITECT’s opinion, one year after Final Completionit may be necessary, to stop the work to avoid the improper performance of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representativeagreement. Pre-construction meetings may be held prior The ARCHITECT has authority to commencement of separate portions require additional inspection or testing of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services work in accordance with the Project Schedule (and all proposed revisions and updates thereto). provisions of the Construction Documents, whether work is fabricated, installed or completed. j. The Design Professional ARCHITECT shall not issue orders to the Contractor that might commit the DISTRICT to extra expenses or otherwise amend the Construction Documents without first obtaining the written approval of the DISTRICT. k. The ARCHITECT shall be fully responsible for all matters related to the Design ProfessionalDISTRICT’s design representative during construction and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and the DISTRICT. The ARCHITECT shall keep University Representative informed have authority to act on behalf of the observed progress DISTRICT only to the extent provided in this agreement unless otherwise modified in writing. l. The ARCHITECT shall at no additional cost provide services made necessary by defect or deficiencies in the work of the WorkContractor which through reasonable care should have been discovered by the ARCHITECT and promptly reported to the DISTRICT and Contractor, but which ARCHITECT failed to do. m. The ARCHITECT shall review and certify the amounts due the Contractor. The Design Professional ARCHITECT’s certification for payment shall render written or graphic interpretations constitute a representation to the DISTRICT, based on the ARCHITECT’s observations and decisions inspections at the site, that are consistent the work has progressed to the level certified, that quality of the work is in accordance with the intent ofConstruction Documents and that the Contractor is entitled to payment in the amount certified. n. The ARCHITECT shall review and approve or take other appropriate action upon Contractor’s submittals of shop drawings, product data, and reasonably inferable from, samples for the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, purpose of checking for conformance with the UniversityConstruction Documents. The ARCHITECT’s Representativeaction shall not delay the work, the equivalence of proposed substitutions but should allow for materials, products, or services specified by brand or trade names sufficient time in the Contract ARCHITECT’s professional judgment to permit adequate review. o. The ARCHITECT shall prepare change orders with supporting documentation and data for the DISTRICT’s review in accordance with the Construction Documents, and may authorize minor changes in the work not involving an adjustment in the contract sum or an extension of time. The ARCHITECT shall promptly evaluate and make written recommendations regarding Contractor’s proposals for possible change orders in order to maintain project schedule and resolve claims. ARCHITECT shall, at ARCHITECT’s expense, prepare a set of reproducible record drawings, as well as AutoCAD and PDF versions, acceptable to the District, showing significant change in the work made during construction based on marked-up prints, drawings, addenda, change orders, RFI responses, show drawings, and other data furnished by the Contractor to the ARCHITECT. p. The ARCHITECT shall inspect the PROJECT to determine the date or dates of final completion, receive and forward to the DISTRICT for the DISTRICT’s review all written warranties and related documents required by the Construction Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance issue a final certificate for payment upon Contractor compliance with the requirements of the Project Schedule (Construction Documents. q. The ARCHITECT shall provide written evaluation of the performance of the Contractor under the requirements of the Construction Documents when requested in writing by the DISTRICT. r. The ARCHITECT shall provide services in connection with evaluating substitutions proposed by the Contractor and all proposed making subsequent revisions to drawings, specifications and updates thereto). other documentation resulting there from. s. The Design Professional ARCHITECT shall perform all Construction Phase services be responsible for gathering information and processing forms required by applicable governing authorities, such as DSA closure with certification and local Fire Departments, in a timely mannermanner and ensure proper PROJECT close- out. t. The ARCHITECT shall evaluate and render written recommendations, as required by the Project Schedule (and within a reasonable time on all revisions and updates thereto)claims, this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, disputes or other functions pursuant matters at issue between the DISTRICT and Construction Manager or Contractor relating to this Agreement do not cause the execution or contribute to a disruption of construction or a delay in completion progress of the Projectwork as provided in the construction contract. Under no circumstances should this evaluation take longer than 20 calendar days from the date the claim is received by ARCHITECT. 2.6.4 Design Professional shallu. The ARCHITECT shall prepare, in versions acceptable to the District, AutoCAD and PDF files of all as-built conditions in concert with item “o” above, at no cost additional cost. v. Prior to Universitystart of construction, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts the following two documents are required: (i) Contract Information Form DSA-102. (ii) Inspector Qualification Record Form DSA-5 should be Submitted 10 days prior to the time of starting construction. w. The ARCHITECT shall provide assistance in the Construction Documents prepared by Design Professional utilization of equipment or Design Professional’s consultants promptly upon discovery or notice. The obligations systems such as testing, adjusting and balancing, preparation of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professionaloperation and maintenance manuals, training personnel for operation and maintenance and consultation during operation.

Construction Phase. 2.6.1 a. The Construction Phase of the PROJECT will commence on with the date established award of the Construction Contract to Contractor. b. The ARCHITECT shall reproduce fifteen (15) sets of contract documents and all progress prints for the DISTRICT's, PM/CM's and consultant's use. The remaining sets are to be provided as reimbursable expenses in conformance with Article XI. c. The ARCHITECT shall provide technical direction to a full-time PROJECT INSPECTOR, hereinafter referred to as I.O.R., employed by and responsible to the Agreement between University and CM/ContractorDISTRICT as required by applicable law. The ARCHITECT, and will terminate one year after Notice with the aid of Completion orthe DISTRICT's Civil Engineer, shall advise the Contractor in the absence preparation of a Notice marked set of Completion, one year after Final Completion, prints indicating dimensioned location of buried utility lines (record drawings) which shall be forwarded to the DISTRICT upon completion of the entire WorkPROJECT(S). 2.6.2 Design Professional d. The ARCHITECT will endeavor to secure compliance by Contractor with the contract requirements, but does not guarantee the performance of Contractor's contracts. e. The ARCHITECT shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions provide general administration of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Construction Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services periodic visits at the site as ARCHITECT deems necessary to render architectural observation which is distinguished from the continuous personal inspection of the PROJECT(S) inspector; make regular reports as may be required by governing agencies; keep the DISTRICT informed of the progress of construction; review schedules and shop drawings for compliance with design; approve substitution of materials, equipment, and the laboratory reports thereof subject to DISTRICT knowledge and approval; maintain construction accounts; prepare change orders for written approval of the DISTRICT; examine Contractor's applications for payment and issue certificates for payment in amounts approved by the ARCHITECT and DISTRICT; make final punch-list inspection of the PROJECT(S); assemble and deliver to the DISTRICT written guarantees, instruction books, diagrams, and charts required of and provided during by the Contractor; and issue the ARCHITECT's certificate of completion and final certificate for payment. f. The ARCHITECT, as part of its basic services, shall advise the DISTRICT of any deficiencies in construction following the acceptance of the work and prior to the expiration of the guarantee period of the PROJECT(S). g. The ARCHITECT shall be the interpreter of the requirements of the Construction Phase, Documents and advise the DISTRICT as to the performance by the Contractor thereunder. h. The ARCHITECT shall make recommendations to the DISTRICT on claims relating to the execution and progress of the work and all matters and questions relating thereto. The ARCHITECT's recommendations in matters relating to artistic effect shall be undertaken in conformance consistent with the Project Schedule (and all revisions and updates thereto)intent of the Construction Documents. i. The ARCHITECT shall advise the DISTRICT to reject work that does not conform to the Construction Documents. Design Professional The ARCHITECT shall employ and assign adequate professional staff and subconsultants promptly inform the DISTRICT, whenever, in the ARCHITECT's opinion, it may be necessary, to ensure its ability stop the work to perform services avoid the improper performance of the AGREEMENT. The ARCHITECT has authority to require additional inspection or testing of the work in accordance with the Project Schedule (and all proposed revisions and updates thereto). provisions of the Construction Documents, whether work is fabricated, installed or completed. j. The Design Professional ARCHITECT shall not issue orders to the Contractor that might commit the DISTRICT to extra expenses or otherwise amend the Construction Documents without first obtaining the written approval of the DISTRICT. k. The ARCHITECT shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties DISTRICT's representative during construction in cooperation with the Project Schedule; negotiation of price changes; PM/CM and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative the DISTRICT and PM/CM. The ARCHITECT shall keep University Representative informed have authority to act on behalf of the observed progress DISTRICT only to the extent provided in this AGREEMENT unless otherwise modified in writing. l. The ARCHITECT in cooperation with the PM/CM, shall review and certify the amounts due the Contractor. The ARCHITECT's certification for payment shall constitute a representation to the DISTRICT, based on the ARCHITECT's observations and inspections at the site, that the work has progressed to the level certified, that quality of the Workwork is in accordance with the Construction Documents and that the Contractor is entitled to payment in the amount certified. m. The ARCHITECT shall review and approve or take other appropriate action upon Contractor's submittals of shop drawings, product data, and samples for the purpose of checking for conformance with the Construction Documents. The Design Professional ARCHITECT's action shall render written or graphic interpretations and decisions that are consistent not delay the work, but should allow for sufficient time in the ARCHITECT's professional judgment to permit adequate review. n. The ARCHITECT in cooperation with the intent ofPM/CM shall prepare change orders with supporting documentation and data for the DISTRICT's review in accordance with the Construction Documents, and reasonably inferable from, may authorize minor changes in the Contract Documents; review work not involving an adjustment in the contract sum or an extension of time. The ARCHITECT shall evaluate and recommend any action to be taken make written recommendations regarding CM/Contractor's proposals for possible change orders. o. The ARCHITECT shall inspect the PROJECT to determine the date or dates of final completion, receive from the Contractor and forward to the DISTRICT for the DISTRICT's review all written warranties and related documents required submittals; and evaluate, with by the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Construction Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance issue a final certificate for payment upon Contractor’s compliance with the requirements of the Project Schedule (Construction Documents. p. The ARCHITECT shall be responsible for gathering information and all proposed revisions processing forms required by applicable governing authorities, such as building departments, local Fire Departments, OPSC, and updates thereto). The Design Professional shall perform all Construction Phase services DSA, in a timely manner, as required by the Project Schedule (manner and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectproper PROJECT close-out. 2.6.4 Design Professional shallq. Prior to start of construction, at no cost the following two documents are required: (1) Contract Information Form DSA-102. (2) Inspector Qualification Record Form DSA-5 should be submitted 10 days prior to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts the time of starting construction. r. The ARCHITECT shall provide assistance in the Construction Documents prepared by Design Professional utilization of equipment or Design Professional’s consultants promptly upon discovery or notice. The obligations systems such as testing, adjusting and balancing, preparation of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professionaloperation and maintenance manuals, training personnel for operation and maintenance and consultation during operation.

Construction Phase. 2.6.1 The If awarded the GMP by Amendment to this Contract: 2.02.6 Perform and comply with the Responsibilities During Construction Phase will commence on the date established by the Agreement between University and CM/Contractor, and will terminate one year after Notice of Completion or, set out in the absence of a Notice of Completion, one year after Final Completion, Section 1.05B of the entire Supplemental Conditions; 2.02.7 Establish, implement and observe all safety, health and environmental protection measures applicable to the Work.; 2.6.2 Design Professional 2.02.8 Establish procedures for the orderly and expeditious performance of the Work; and maintain coordination among and cooperate with other contractors at the Premises, except Construction Manager shall attend not be responsible for damages, delays or costs incurred by Owner or to the work attributable solely to such other contractors and participate not in all pre-construction meetings called any way attributable to the Construction Manager; 2.02.9 Organize staff and assign personnel to various areas to provide a positive and efficient means by which the University’s Representative. Pre-construction meetings Work may be held prior to commencement of separate portions controlled, coordinated and expedited; 2.02.10 Coordinate the scheduling and performance of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University.Work; 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. 2.02.11 Except as otherwise provided herein, obtain Owner’s prior written approval (“Change Order”) of any changes in the Contract Documents Work and any approvals or as directed by Universityother documents necessary in connection therewith; 2.02.12 Attend necessary job and coordination meetings, all written communications with CM/Contractor which job meetings shall be sent held not less often than weekly and received which coordination meetings shall be held as required; 2.02.13 Prepare and maintain, record keeping system, including, but not limited to, records of all changes in the Work necessitated by Universityreason of Change Orders, Proceed Order (as defined in Section 00700, Item 10.02), Emergency Change Orders and Field Orders, Work progress schedules, daily manpower breakdown, records of all pertinent communications with, and recommendations made to Owner and its responses thereto, equipment and material delivery lists, safety and loss control, and other Work related information and make such records available for inspection by Owner; 2.02.14 Prepare shop drawings, samples and catalog cuts for the submission to Project Manager (as defined in Section 01300, Item 1.01) for review and approval. Any submittal not stamped as “verified” will be returned without any action on the part of the Project Manager. After return of the shop drawings from Project Manager, review Project Manager’s Representative. The Design Professional shall advise comments to the shop drawings; evaluate and consult with University Representative Project Manager on their impact on the Project; and distribute them to the submitting subcontractor and all other affected parties so that the Work may be properly coordinated and implemented into the Project. The approval of shop drawings and other submittals by Project Manager shall keep University Representative informed not relieve Construction Manager and its subcontractors of any liability or responsibility for non-compliance with the observed progress Contract Documents; 2.02.15 Upon final completion of the Work. The Design Professional shall render written or graphic interpretations , deliver to Owner all documents and decisions that are consistent with other materials referred to in this subparagraph including, if appropriate, two complete sets of “record shop drawings”, showing the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely mannerWork, as required by the Project Schedule (actually completed, in such form, content and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Project. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.detail as Owner may specify;

Construction Phase. 2.6.1 a. Prior to the start of construction, the ARCHITECT shall certify that the following documents have been submitted to DSA: (1) Contract Information Form DSA-102. (2) Inspector Qualification Record Form DSA-5 should be submitted ten (10) days prior to the time of starting construction. b. The Construction Phase will commence on with the date established by award of the Agreement between University Construction Contract to Contractor. c. The ARCHITECT shall reproduce five (5) sets of Construction Documents and CM/Contractorall progress prints for the DISTRICT’s and the DISTRICT’s consultant’s use at the ARCHITECT’s expense. d. The ARCHITECT shall provide technical direction to a full-time Project Inspector employed by, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited responsible to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely mannerDISTRICT, as required by applicable law. The ARCHITECT shall direct and monitor the work of the Laboratory of Record as required by applicable law and provide code required supervision of Special Inspectors not provided by the Laboratory of Record. Upon the DISTRICT’s award of a Construction Contract to the Contractor, the ARCHITECT shall obtain the necessary Project Inspection Cards (“PIC”) (Form DSA 152) from the DSA that are needed for the Project Schedule (Inspector’s use in approving and all revisions signing off work on the PROJECT as it is completed by the Contractor. The ARCHITECT shall verify that the Project Inspector has the appropriate amount of PIC’s that are needed for the inspection and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectentire PROJECT prior to the commencement of any work by the Contractor on the PROJECT. The ARCHITECT shall provide the Project Inspector, Laboratory of Record and each Special Inspector with a copy of the DSA approved Construction Documents including, but not limited to, the approved Statement of Structural Tests and Special Inspections (Form DSA 103) prior to the commencement of any work on the PROJECT at the ARCHITECT’s expense. 2.6.4 Design Professional shalle. The ARCHITECT shall meet with the Project Inspector, at no cost DISTRICT, Contractor, Laboratory of Record and Special Inspectors as needed throughout the completion of the PROJECT to Universityverify, satisfactorily correct acknowledge and coordinate the testing and special inspection program required by the DSA approved Construction Documents. f. The ARCHITECT shall prepare Interim Verified Reports (Form DSA 6-AE) and submit such Interim Verified Reports to DSA, the Project Inspector and the DISTRICT prior to the Project Inspector’s approval and sign off of any of the following sections of the PROJECT’s PIC’s as applicable: (1) Initial Site Work and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Foundations Preparation; (2) Vertical and Horizontal Framing; (3) Appurtenances; (4) Finish Site Work shall not in any way limit any other obligations of Design Professional.and Other Work;

Construction Phase. 2.6.1 5.7.1 The Construction Phase will commence construction phase shall begin on the date established stated in the official Notice to Proceed. 5.7.2 All instructions to the Contractor shall be forwarded through the Architect unless otherwise directed by the Agreement between University District. The Architect shall advise and CM/Contractor, and will terminate one year after Notice of Completion or, consult with the District in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions general administration of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by The Architect will have authority to act on behalf of the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of District only to the extent provided in the Contract Documents; periodic site observations; review , unless District grants additional authority in writing. 5.7.3 The Architect shall timely provide District with copies of submittals; review all of its correspondence with the Contractor. 5.7.4 The Architect shall provide prompt and timely direction to the District, Project inspectors and/or Contractor as to the interpretation of Contract Documents. Architect shall respond to all requests for information (“RFI’s”) from a Contractor within fourteen (14) calendar days of receipt, unless the subject of the RFI is impacting, or may impact, the critical path of the Project Schedule (and all proposed updates and revisions thereto); providing comments is causing, or may cause, delay, in which case the Architect shall respond as soon as reasonably possible, if not immediately. If the Architect is not able to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement take action within the time provided in proposed revisions and updates required due to reasons beyond Architect’s control, the Project ScheduleArchitect may take action within a reasonable period of time under the circumstances; providing cost or schedule analysis for field or change orders; preparation however, the Architect shall make such determination within seven (7) calendar days of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities receipt of the Design Professional pursuant RFI, and shall notify the District and Contractor immediately after such determination with an explanation as to this Agreementwhy the Architect cannot take action within the time required, what the Architect is doing to expedite its response, when the Architect expects to be able to issue a response, and what action, if any, should be taken by District or Contractor in the meantime to mitigate delays and/or costs. 5.7.5 Based on information provided by the Contractor and Architect’s own knowledge of a work of improvement (including documents in Architect’s possession or reasonably available to it), Architect shall prepare an accurate set of as-built record drawings indicating dimensions and locations of all work, including but not limited to services provided during the Construction Phaseburied utility lines and mechanical, electrical and plumbing layouts, which shall be undertaken forwarded to the District upon completion of the work of improvement. While Architect cannot guarantee precise accuracy of such drawings, Architect shall exercise reasonable care in conformance reviewing such drawings to determine their general compliance with the Project Schedule (Contract Documents. Architect shall have no responsibility for their conformity to field conditions, except that in the event that the Architect, consistent with standards of due care, becomes aware of non-conformity with field conditions, Architect shall have a duty immediately to notify the District in writing. Architect shall also assemble and deliver to District all revisions written guarantees, instruction books, operation and updates thereto)maintenance manuals, diagrams, charts and other documents required of Contractor. 5.7.6 The Architect shall be responsible for the preparation and submission of any notifications regarding excavation in areas which are known or suspected to contain subsurface installations under Government Code section 4216, et seq. Design Professional The Architect may delegate this responsibility to a Contractor if such power to delegate was included in the Contract Documents and bid package, but Architect shall employ and assign adequate professional staff and subconsultants remain responsible for supervising such Contractor to ensure performance of this task. Architect shall provide a copy of all such notifications to the District. 5.7.7 The Architect shall, at all times, have access to a work of improvement wherever it is in preparation and progress. To the extent reasonably possible given Contractor’s work in progress, the District shall provide such access so that the Architect may perform its ability functions under the Agreement and Contract Documents. 5.7.8 In the discharge of its duties of observation and interpretation, the Architect shall require Contractors to perform services comply with the Contract Documents, and shall guard the District against defects and deficiencies in the work of the Contractor. The Architect shall advise and consult with the District and inspectors concerning the Contractor's compliance with the Contract Documents and shall assist the District and inspectors in securing the Contractor's compliance. Unless assigned to another party (such as a construction manager) by the District in writing, Architect has the primary responsibility for the Project to supervise, coordinate and manage the compliance of all parties, including the District’s Inspector of Record/Project Inspector (“IOR”), Contractor, any Construction Manager, laboratories, District and Architect itself, with the DSA Construction Oversight Process. The Architect must comply with the applicable requirements of the DSA Construction Oversight Process, including but not limited to (a) submitting the inspection card request form (DSA 102- IC), (b) providing a verified report (DSA 6-AE) at the completion of each block and section of each inspection card, and (c) directing and monitoring the IOR and laboratories of record, and (d) coordinating with the Owner, Contractor, any Construction Manager, laboratories, and the IOR to meet the DSA Construction Oversight Process requirements without delay or added costs to the Project. The Architect shall be responsible for any additional DSA fees and delay damages related to review of proposed changes to the DSA-approved construction documents, to the extent Architect's negligence, recklessness or willful misconduct caused the additional DSA fees, and for delay damages to the extent required under Section 5.7.20.2 below. 5.7.9 The Architect shall visit the site, both as the Architect deems necessary and as requested by the District, but under no circumstances less than weekly, to maintain familiarity with the quality and progress of a work of improvement, to determine that the Contractor’s work substantially complies with all documents, drawings, plans and specifications and that the work of improvement is progressing in substantial accordance with the Contract Documents. Such observations are to be distinguished from the continuous inspection provided by the Project Schedule (Inspector unless Architect has agreed in writing to serve as the District’s Project Inspector. 5.7.10 The Architect shall notify the District promptly of any significant defect in materials, equipment or workmanship, and of any default by any Contractor in the orderly and timely prosecution of the Project. Architect will exercise reasonable care in the discharge of Architect's obligation to discover significant defects and faults. 5.7.11 The Architect shall review and approve, take exception to, or take other appropriate action upon all proposed revisions schedules, shop drawings, samples and updates thereto). The Design Professional shall be fully responsible for all matters related other submissions of the Contractor to the Design Professionaldetermine general conformance with a work of improvement’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services specifications as those services are described set forth in the Contract Documents. Except All such action shall be taken within fourteen (14) days of receipt of the submittals, unless the critical path of the work of improvement is impacted in which case Architect shall take such action as otherwise provided soon as possible. If Architect is not able to take such action within the required time due to reasons beyond Architect’s control, the Architect may take action within a reasonable period of time under the circumstances; however, the Architect shall make such determination within four (4) calendar days of receipt of the submission, and shall notify the District and Contractor immediately after such determination with an explanation as to why the Architect cannot take action within the time required, what the Architect is doing to expedite its response, when the Architect expects to be able to issue a response, and what action, if any, should be taken by District or Contractor in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representativemeantime to mitigate delays and/or costs. The Design Professional shall advise Architect will have the authority to reject work and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, materials which do not conform to the Contract Documents; review and recommend any action to . The Architect's approval of a specific item shall not be taken regarding CM/Contractoran approval of an assembly of which the item is a component. Whenever, in the Architect's required submittals; and evaluatereasonable judgment, with it is considered necessary or advisable for the University’s Representativeimplementation of the intent of the Contract Documents, the equivalence Architect will have authority to require special inspection or testing of proposed substitutions for materials, products, the work or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed materials in accordance with the requirements Contract Documents whether or not such work or materials be then fabricated, installed or completed. The Architect will also recommend substitution of materials or equipment when, in the Architect's reasonable judgment, such action is necessary to the accomplishment of the Project Schedule (intent and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and purpose of the Contract Documents. Design Professional Such actions as are described in this paragraph shall employ be taken with reasonable promptness. 5.7.12 Architect shall assist the District in requiring Contractor to provide assistance in the utilization of any equipment or system such as initial start-up or testing, adjusting and assign adequate professional staff balancing, preparation of operation and subconsultants to ensure that its interpretationsmaintenance manuals and training personnel for operation and maintenance. 5.7.13 The Architect shall not be responsible for construction means, decisionsmethods, reviewstechniques, sequences or procedures, or for safety precautions or programs in connection with the work. The Architect shall not be responsible for acts or omissions of the Contractor, subcontractors, or their agents or employees or of any other functions pursuant persons performing portions of the Project not employed or retained by Architect, unless due to this Agreement do not cause Wrongful Acts or contribute to Omissions. 5.7.14 The Architect shall make such regular reports as shall be required by agencies having jurisdiction over a disruption work of construction or a delay improvement and keep the District informed in completion writing of the progress of the Project. 2.6.4 Design Professional shall5.7.15 The Architect will, consistent with standards of due care, make reasonable professional efforts to exclude hazardous materials from new construction. In the event the District or Architect is or becomes aware of the presence of, or exposure of persons to, asbestos, polychlorinated biphenyl (PCB) or any other toxic or hazardous contaminants, materials, air pollutants or water pollutants at the Project site ("Hazardous Substances"), or the substantial risk thereof, each shall have a duty immediately to notify the other in writing. The parties recognize, however, that neither Architect nor the District is trained or licensed in the recognition or remediation of Hazardous Substances. When construction is properly completed, Architect shall provide such certification as to Hazardous Substances as is required of architects for such projects by the OPSC. 5.7.16 Based on the Architect’s observations, and an evaluation of each Project Application for Payment, the Architect will estimate the amount of work completed by Contractor, and assist the District in (a) determining the amount owing to the Contractor, and (b) issuing Project Certificates for Payment incorporating such amount, all in accordance with the Contract Documents. The Architect’s estimation of the amount of work completed by Contractor shall constitute representations by the Architect to the District that the quality of the completed work is in accordance with the Contract Documents based upon Architect’s observations of the completed work, and that the Contractor is entitled to payment for the completed work. 5.7.17 Notwithstanding anything else in this Agreement, as a part of its Basic Services the Architect shall assist the District in evaluating and responding to claims, disputes and other matters in question between the Contractor and the District, including but not limited to claims made against the District as a result of alleged or claimed Wrongful Acts or Omissions, and shall in all instances provide such truthful testimonial assistance as may be required by the District at no cost to Universitythe District. Architect agrees to toll all statutory periods of limitations for District’s claims, satisfactorily correct any and all errors, omissions, deficiencieslawsuits or other proceedings against Architect which arise out of, or conflicts are related to, any claims by Contractors against District until Contractors’ claims are fully and finally resolved. This tolling period commences upon a Contractor’s initial submission of a notice of claim, change order request or claim. At any time, District may terminate the tolling period effective ten (10) days after written notice to Architect, and after such termination, District may pursue claims, lawsuits or other proceedings against Architect. 5.7.18 The Architect will provide advice to the District on apparent deficiencies in construction, both during construction and after acceptance of a work of improvement. 5.7.19 The Architect shall recommend, prepare and process the necessary change orders. Payment of fees to the Architect as a result of change orders shall be handled as follows: 5.7.19.1 District-initiated change orders. If a change order is initiated by the District, the Architect’s fee for services related to such change order shall be paid as an Additional Service under Articles 4 and 6. If a change order is solicited by the District but not subsequently authorized by the District, the Architect shall be paid for time spent on the proposed change order. 5.7.19.2 Change orders due to Architect. When a change order is necessitated as a result of Wrongful Acts or Omissions, the Architect’s services in connection with that change order are not compensable and Architect shall not include those services on any invoice. 5.7.19.3 Change orders beyond District or Architect control. If a change order is necessitated as a result of changes in law, in-field changes required by governing agencies after document approval, unknown, unforeseeable or hidden conditions, or actual conditions inconsistent with available drawings of existing conditions, such change orders shall be handled in the Construction Documents prepared by Design Professional same manner as District-initiated change orders. 5.7.20 Notwithstanding any other provision of this Agreement, in the event a change order is caused by, or Design Professional’s consultants promptly upon discovery necessitated as a result of, Wrongful Acts or noticeOmissions, or the District otherwise incurs costs or damages as a result of Wrongful Acts or Omissions, the Architect shall be responsible for the following: 5.7.20.1 In the event of such a change order, Architect shall be responsible for the difference between (a) what the contractor would have added to its original bid for the work of improvement if the Wrongful Act or Omission had not occurred (i.e., the “added value” portion of the change order), and (b) what the contractor charges the District in the change order. The obligations amount of Design Professional to correct defective added value of any change order work shall be based on the circumstances of the Architect’s Wrongful Act or nonconforming Work Omission and the change order work necessitated by the Wrongful Act or Omission. It is the parties’ intent that the District should pay no more than what the District would have paid if the Wrongful Act or Omission had not occurred. 5.7.20.2 In addition, Architect shall not in any way limit be responsible for any other obligations costs or damages which the District incurs as a result of Design ProfessionalWrongful Acts or Omissions, including but not limited to any delay damages the District pays to, or cannot collect from, Contractor or any third party. The District may backcharge, and withhold payment from, the Architect for these costs and damages, and may seek reimbursement for any amount which exceeds any retention of the contract amount at the time of collection. When District so backcharges and withholds, upon Architect’s request District and Architect shall meet and confer in good faith in an effort to reach agreement on (a) whether a Wrongful Act or Omission occurred, (b) whether it caused the change order expense, (c) what damages have been incurred by District, and (d) what portion of the damages are attributable to Architect as described above. If District and Architect do not reach agreement on all four of these items when meeting and conferring, then District and Architect shall use mediation in good faith to resolve the dispute. If mediation fails, then either District or Architect can initiate a court action to resolve the dispute. 5.7.21 The Architect shall provide a color schedule of all finish materials in the Project for the District's review and approval. 5.7.22 The Architect shall assist District in determining the dat

Construction Phase. 2.6.1 a. Prior to the start of construction, the ARCHITECT shall certify that the following two documents have been submitted to DSA: (1) Contract Information Form DSA-102. (2) Inspector Qualification Record Form DSA-5 should be submitted 10 days prior to the time of starting construction. n. The Construction Phase will commence on with the date established by award of the Agreement between University Construction Contract to Contractor. o. The ARCHITECT shall reproduce five (5) sets of Construction Documents and CM/Contractorall progress prints for the DISTRICT’s and the DISTRICT’s consultant’s use at the ARCHITECT’s expense. p. The ARCHITECT shall provide technical direction to a full-time Project Inspector employed by, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited responsible to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely mannerDISTRICT, as required by applicable law. The ARCHITECT shall direct and monitor the work of the Laboratory of Record as required by applicable law and provide code required supervision of Special Inspectors not provided by the Laboratory of Record. Upon the DISTRICT’s award of a Construction Contract to the Contractor, the ARCHITECT shall obtain the necessary Project Inspection Cards (“PIC”) (Form DSA 152) from the DSA that are needed for the Project Schedule (Inspector’s use in approving and all revisions signing off work on the PROJECT as it is completed by the Contractor. The ARCHITECT shall verify that the Project Inspector has the appropriate amount of PIC’s that are needed for the inspection and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectentire PROJECT prior to the commencement of any work by the Contractor on the PROJECT. The ARCHITECT shall provide the Project Inspector, Laboratory of Record and each Special Inspector with a copy of the DSA approved Construction Documents including, but not limited to, the approved Statement of Structural Tests and Special Inspections (Form DSA 103) prior to the commencement of any work on the PROJECT at the ARCHITECT’s expense. 2.6.4 Design Professional shallq. The ARCHITECT shall meet with the Project Inspector, at no cost DISTRICT, Contractor, Laboratory of Record and Special Inspectors as needed throughout the completion of the PROJECT to Universityverify, satisfactorily correct acknowledge and coordinate the testing and special inspection program required by the DSA approved Construction Documents. r. The ARCHITECT shall prepare Interim Verified Reports (Form DSA 6AE) and submit such Interim Verified Reports to DSA, the Project Inspector and the DISTRICT prior to the Project Inspector’s approval and sign off of any and all errors, omissions, deficiencies, or conflicts in of the Construction Documents prepared by Design Professional or Design Professionalfollowing sections of the PROJECT’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.PIC’s as applicable: (1) Initial Site Work; (2) Foundation; (3) Vertical Framing;

Construction Phase. 2.6.1 a. Prior to the start of construction, the ARCHITECT shall certify that the following documents have been submitted to DSA:‌ (1) Contract Information Form DSA-102. (2) Inspector Qualification Record Form DSA-5 should be submitted 10 days prior to the time of starting construction. b. The Construction Phase will commence on with the date established by award of the Agreement between University Construction Contract to Contractor.‌ c. The ARCHITECT shall reproduce five (5) sets of Construction Documents and CM/Contractorall progress prints for the DISTRICT’s and the DISTRICT’s consultant’s use at the ARCHITECT’s expense. d. The ARCHITECT shall provide technical direction to a full-time Project Inspector employed by, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited responsible to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely mannerDISTRICT, as required by applicable law. The ARCHITECT shall direct and monitor the work of the Laboratory of Record as required by applicable law and provide code required supervision of Special Inspectors not provided by the Laboratory of Record. Upon the DISTRICT’s award of a Construction Contract to the Contractor, the ARCHITECT shall obtain the necessary Project Inspection Cards (“PIC”) (Form DSA 152) from the DSA that are needed for the Project Schedule (Inspector’s use in approving and all revisions signing off work on the PROJECT as it is completed by the Contractor. The ARCHITECT shall verify that the Project Inspector has the appropriate amount of PIC’s that are needed for the inspection and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectentire PROJECT prior to the commencement of any work by the Contractor on the PROJECT. The ARCHITECT shall provide the Project Inspector, Laboratory of Record and each Special Inspector with a copy of the DSA approved Construction Documents including, but not limited to, the approved Statement of Structural Tests and Special Inspections (Form DSA 103) prior to the commencement of any work on the PROJECT at the ARCHITECT’s expense. 2.6.4 Design Professional shalle. The ARCHITECT shall meet with the Project Inspector, at no cost DISTRICT, Contractor, Laboratory of Record and Special Inspectors as needed throughout the completion of the PROJECT to Universityverify, satisfactorily correct acknowledge and coordinate the testing and special inspection program required by the DSA approved Construction Documents. f. The ARCHITECT shall prepare Interim Verified Reports (Form DSA 6-AE) and submit such Interim Verified Reports to DSA, the Project Inspector and the DISTRICT prior to the Project Inspector’s approval and sign off of any of the following sections of the PROJECT’s PIC’s as applicable: (1) Initial Site Work and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Foundations Preparation; (2) Vertical and Horizontal Framing; (3) Appurtenances; (4) Finish Site Work shall not in any way limit any other obligations of Design Professional.and Other Work;

Construction Phase. 2.6.1 The Construction Phase will commence on construction phase shall begin upon award of the date established by construction contract and shall end upon the Agreement between University and CM/Contractor, and will terminate one year earlier of DISTRICT’s approval of ARCHITECT’s final certificate for payment to contractor or sixty (60) days after Notice the filing of Completion or, in the absence of a Notice of Completion. During this phase, one year after Final Completion, ARCHITECT shall: i. Provide general administration of the entire Workconstruction contract. 2.6.2 Design Professional shall attend ii. Advise and participate consult with and serve as representative of DISTRICT in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions general administration of the Projectconstruction contract and in DISTRICT’s dealings with the contractor. Attendees ARCHITECT shall have authority to act for DISTRICT to the extent provided in the construction contract. iii. Provide general direction to a project inspector employed by and responsible to the DISTRICT as required by applicable law. ARCHITECT shall provide assistance to the DISTRICT for the DISTRICT to direct contractor in the preparation of a set of drawings indicating exact location of buried utility lines (as-built dimensions) which shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by forwarded to DISTRICT upon completion of the Universityproject. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation iv. Visit the site at intervals appropriate to the stage of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments contractor’s operations in order to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance maintain familiarity with the Project Schedule (progress of work and all revisions to determine in general that the contractor’s work complies with the plans and updates thereto). Design Professional shall employ specifications and assign adequate professional staff and subconsultants to ensure its ability to perform services that the work, when fully completed, will be in accordance with the Project Schedule (contract documents. Such visits and all proposed revisions and updates thereto)determinations are to be distinguished from the continuous inspection provided by a project inspector required by law for public school construction. The Design Professional ARCHITECT shall neither have control over or charge of, nor be responsible for, the contractor’s construction sequences or procedures, or for safety precautions and programs in connection with the contractor’s Work. v. Make such regular reports as shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out required by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of DISTRICT or any other parties with the Project Schedule; negotiation of price changes; applicable reviewing or licensing agencies and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative DISTRICT informed of the observed progress of the Workwork by means of written reports. vi. Review schedules, shop drawings, samples and other submissions of the contractor for general compliance with design and the contract specifications and notify in a timely manner the contractor and DISTRICT of deadlines which may affect the construction schedules. vii. Notify DISTRICT of deviations known or observed by the ARCHITECT in the contractor’s work or materials or both which do not conform to the contract documents. Upon instructions from the DISTRICT representative, ARCHITECT shall reject the work or materials or both which do not so conform. ARCHITECT shall then inform the DISTRICT what further work, installation of conforming materials, or testing of proposed substitute materials, whichever may be applicable, may be required. Upon instructions from the DISTRICT representative, further work, conforming materials, or substitute materials, whichever may be applicable, shall be required of the contractor if determined by ARCHITECT to be necessary to carry out the intent and purposes of the contract documents and the project, based on ARCHITECT’S reasonable professional judgment. The Design Professional ARCHITECT shall render written or graphic interpretations and decisions that are consistent with not be responsible for the intent of, and reasonably inferable from, contractor’s failure to perform the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed Work in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto)Contract Document. The Design Professional ARCHITECT shall perform all Construction Phase services be responsible for the ARCHITECT’S negligent acts, errors and omissions, but shall not have control over or charge of and shall not be responsible for the negligent acts, errors or omissions of the contractors, subcontractors, or their agents or employees, or of any other persons or entities performing portions of the construction work. viii. Examine and verify contractor’s applications for payments including reviews of the status of the contractor’s record drawings and approve the issuance of certificates for payment for work completed in a timely mannersuch amount as ARCHITECT shall judge proper under the contract documents. The ARCHITECT’s approvals shall constitute representations to the DISTRICT, as required by based on the Project Schedule (ARCHITECT’s professional evaluation of the contractors’ work and all revisions on the data comprising the contractors’ Applications for Payment, that the contractors’ work has progressed to the points indicated and updates thereto)that, this Agreement to the best of the ARCHITECT’s knowledge, information and belief, the quality of the contractors’ work is in accordance with the Contract Documents. Design Professional The ARCHITECT’s approvals shall employ and assign adequate professional staff and subconsultants not be representations that the ARCHITECT has (1) made exhaustive or continuous on-site inspections to ensure that its interpretations, decisions, reviews, check the quality or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion quantity of the Project. 2.6.4 Design Professional shallcontractors’ work, at no cost to University(2) reviewed construction means, satisfactorily correct any and all errorsmethods, omissionstechniques, deficiencies, sequences or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.procedures,

Construction Phase. 2.6.1 The Once construction of the Project commences, Owner’s Representative’s responsibilities will include the following: 4.4.1 Owner’s Representative shall manage the Project as Owner’s representative. Owner’s Representative shall coordinate and manage the activities of the Project, including the activities of Owner’s Representative, Architect, Owner Consultants and Contractor in order to meet the Project milestones, the Project Schedule and the Project Budget and consistent with the Project Requirements and the Construction Phase will commence on Documents. 4.4.2 Owner’s Representative shall conduct pre-construction meetings with Contractor(s) to review the date established by the Agreement between University and CM/ContractorProject Schedule, coordination procedures, and will terminate one year after Notice of Completion or, in other relevant information needed to perform at the absence of a Notice of Completion, one year after Final Completion, of the entire WorkProject site. 2.6.2 Design Professional 4.4.3 Owner’s Representative shall attend and participate in verify that all pre-construction meetings called submittals, including, without limitation, permits, bonds, insurance certificates and notice of commencement, have been made and submitted by Contractor prior to performing Work. 4.4.4 Owner’s Representative shall review all Contractor submittals, requests for information and other communications relating to the Universitydesign or Construction Documents for the effect on Total Project Costs, schedule and Project coordination. Owner’s Representative shall forward such documents along with Owner’s Representative’s comments regarding any detrimental impact that any such documents or information contained in such documents may have on the Project, to the Architect and Owner for review and approval or other action as appropriate. Pre-Owner’s Representative shall forward the Architect’s responses to the Contractor and Owner. Owner’s Representative’s review of Contractor submittals shall be for conformance with the Construction Documents and shall not relieve Contractor of any of its obligations under the Construction Contract. 4.4.5 Owner’s Representative shall make visits to the Project site to inspect the work and progress of construction meetings may with the Contractor and with the Architect and other Owner Consultants, which visits shall be held prior of such frequency and duration as shall be necessary for Owner’s Representative to commencement carry out its duties under this Agreement, to determine that the work is being performed in accordance with the Construction Documents. If Owner’s Representative notices such defects or deficiencies in the work or discrepancies between the work and the Construction Documents, Owner’s Representative shall prepare and submit to Owner a report of separate portions such visit detailing its observations. Owner’s Representative shall have the authority to require additional inspection or testing of the work in accordance with the provisions of the Construction Documents at any stage of the Project. 4.4.6 Owner’s Representative shall consult with Owner regarding proposed changes and modifications to the Construction Documents, and Owner’s Representative shall coordinate issuance of change orders if and when changes are approved in writing by Owner and the affected party. Attendees Owner will approve or disapprove change order requests within three (3) business days after receipt by Owner of such request (along with Owner’s Representative’s recommendation with respect thereto and any comments of the Architect). Failure of Owner to respond within such three (3) business day period will be treated as a force majeure delay. Owner’s Representative shall be Design Professionalensure that all changes in the work or services are implemented through written change orders signed by Owner and the affected party. Owner’s consultantsRepresentative shall establish a changes system to control the writing of change orders and to record all changes to the Construction Documents. For changes initiated by Owner or Owner’s Representative with respect to the Contractor’s work or the Construction Agreement, CM/Owner’s Representative shall prepare written change order proposal requests, incorporating detailed drawings and specifications prepared or approved by the Architect where appropriate. Owner’s Representative shall forward the requests to the Contractor for preparation of a proposal. For change order requests initiated by Contractor, Owner’s Representative shall evaluate the requests and, if applicable, provide a copy to the Architect for comment. Owner’s Representative shall evaluate change order proposal requests for price, schedule and coordination impact and shall forward its recommendations to Owner, along with the comments of the Architect. For Owner-approved change order requests, Owner’s Representative shall prepare change order proposal requests, incorporate detailed drawings and specifications prepared or approved by the Architect where appropriate. Owner’s Representative shall evaluate change order proposals for price, schedule and coordination impact and, if applicable, shall provide copies to the Architect for comment. Owner’s Representative shall forward its recommendations to Owner along with any comments of the Architect. For change order proposals approved by Owner and the affected party, Owner’s Representative shall prepare written change orders and shall obtain the signatures of Owner and the affected party. If a change is performed by the Contractor or an Owner Consultant under a pricing arrangement other than lump sum, Owner’s Representative shall make a record of units, work or services or actual costs incurred as the case may be. Owner’s Representative shall obtain from the Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the UniversityOwner Consultants copies of supporting documents for all units of work or services or costs incurred. 2.6.3 The Design Professional4.4.7 Owner’s responsibilities Representative shall includereview and evaluate claims and change order requests by Contractor, but not be limited toArchitect or other Owner Consultants and, interpretation if necessary, conduct an investigation of actual conditions. Owner’s Representative shall provide copies of Contractor claims and change order requests to the Architect for comment. Owner’s Representative shall forward change order requests and any written claims to Owner along with its recommendations, and for Contractor change order requests, comments from the Architect. For change order requests approved by Owner, Owner’s Representative shall process change orders as provided in this Agreement and the relevant agreement between Owner and the affected party. 4.4.8 Owner’s Representative shall review and approve critical-path-method schedules of the Contract DocumentsContractor (“Contractor CPM Schedule”) for compliance with the Project Schedule and milestones and coordination with other entities and persons performing services or work on the Project. 4.4.9 Owner’s Representative shall receive Contractor’s monthly progress reports and evaluate the reports against the Contractor CPM Schedule, actual conditions, and the Project Schedule. Owner’s Representative shall determine the actual percent complete of work and shall communicate this percent to Owner, Contractor and Architect. Owner’s Representative may require revisions to the Contractor progress reports and to the Contractor CPM Schedule, to the extent allowed under the Construction Contract; periodic site observations; review of submittals; review provided, however, Owner’s Representative shall not have the authority to revise the dates required for substantial completion and final completion of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the Universityor any other critical milestone. 4.4.10 Owner’s Representative regarding Design Professional’s ability shall provide to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and Owner updates to the Project Schedule; providing cost . 4.4.11 Owner’s Representative shall review the Contractor’s proposed breakdown of the contract values into a schedule of values, which shall be the basis of determining the percentage of completion of the Project, for making progress payments to the Contractor. Owner’s Representative shall modify, accept or reject the schedule analysis of values. 4.4.12 Owner’s Representative shall review and evaluate all invoices and payment applications against actual progress to determine whether the amount claimed as the percent complete is accurate. Owner’s Representative shall certify the amounts due Contractor and Owner Consultants. Owner’s Representative may certify, modify or withhold certification for field or change orders; preparation payment, and shall require necessary revisions to such invoices. Owner’s Representative will submit certified Project invoices to Owner for review and approval along with a report summarizing the status of documents for proposed changes; review of payments to Contractor and making recommendations regarding approval of CM/Contractor cost, schedule or application the Total Project Cost. Owner’s Representative’s certification for payment data; shall constitute a representation to Owner, based on Owner’s Representative’s determinations at the site and general consultation on the data comprising the Contractor’s invoices, that, to the University on design matters. All responsibilities best of Owner’s Representative’s knowledge, information and belief, the work has progressed to the point indicated and, except as stated in the certification for payment, the quality of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services work is in accordance with the Project Schedule (Construction Documents. 4.4.13 Owner’s Representative shall respond to any questions from Owner regarding the work or progress of construction, construction methods, scheduling and the like. 4.4.14 Owner’s Representative shall coordinate efforts by all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related appropriate parties to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with complete the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements Construction Documents, as the same may be amended from time to time with the approval of all necessary parties, such efforts to include, without limitation, assisting in the scheduling of inspections and the preparation of and overseeing the completion of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional Punchlist. 4.4.15 Owner’s Representative shall perform all Construction Phase services in a timely mannerreview the Contractor’s notice of substantial completion, as required the Punchlist initially prepared by the Project Schedule Contractor, the Punchlist as revised by the Architect. Together with Owner and Architect, Owner’s Representative shall inspect the work. Owner’s Representative’s inspection will be to determine whether substantial completion has been achieved and to verify the accuracy and completeness of the Punchlist. Owner’s Representative shall refuse to accept the work as substantially complete if Owner’s Representative, Owner and Architect determine that the work has not been substantially completed. If Owner, Owner’s Representative and Architect agree that the work is substantially complete, Owner’s Representative will coordinate the preparation by the Architect of a certificate of substantial completion which shall establish the date of substantial completion of the work and shall fix the time within which Contractor shall complete the items on the Punchlist. Owner’s Representative shall use reasonable efforts to obtain the Contractor’s written acceptance of the responsibilities assigned to Contractor in such certificate. 4.4.16 Owner’s Representative shall assist the Architect or Contractor with obtaining, on behalf of Owner, a temporary or final certificate of occupancy (and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant appropriate and necessary governmental permission to this Agreement do not cause or contribute occupy) with respect to a disruption of construction or a delay in completion of the Project. 2.6.4 Design Professional shall4.4.17 Owner’s Representative shall review the Contractor’s final invoices, at no cost to Universityfinal waiver and release of lien and claim forms and supporting data. Owner’s Representative, satisfactorily correct any together with Owner and Contractor, will inspect the work. Owner’s Representative shall advise Owner on the acceptability and completeness of the work. If Owner accepts the work as complete, Owner’s Representative shall coordinate the issuance by the Architect of a certificate of final completion. Owner’s Representative shall obtain all errors, omissions, deficiencies, or conflicts in documentation required of Contractor under the Construction Documents prepared by Design Professional or Design ProfessionalAgreement prior to certifying a final invoice for payment. Owner’s consultants promptly upon discovery or noticeRepresentative shall forward certified final invoices to Owner for payment. 4.4.18 Owner’s Representative shall obtain as-built drawings and specifications. The obligations Owner’s Representative shall also obtain record copies of Design Professional all change orders, requests for information, invoices and other documents that define the work and the final cost of the work. Owner’s Representative shall obtain from the Contractor and deliver to correct defective or nonconforming Work Owner all operation and maintenance manuals, warranties and guarantees. 4.4.19 Owner’s Representative shall not in any way limit any other obligations coordinate turnover of Design Professionalthe Project when completed. 4.4.20 After the Project is completed, Owner’s Representative shall prepare a final report to Owner on the construction cost, expressly including a statement of the hard construction costs to complete the Stadium.

Construction Phase. 2.6.1 The Construction Manager agrees that during the construction phase (the “Construction Phase”) of the Work, which Construction Phase will shall commence on the date established of commencement of construction of any portion of the Work, upon which Owner gives notice to Construction Manager and provided that Owner has obtained the necessary construction financing for such work (unless otherwise agreed by the Agreement between University Owner and CM/ContractorConstruction Manager), and will shall terminate one year after Notice on the date of Final Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work., it shall perform the following services: 2.6.2 Design Professional shall attend (a) establish procedures for the orderly and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions expeditious performance and Final Completion of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services Work in accordance with the terms of this Agreement; perform, or require to be performed, all Work necessary in connection therewith; establish procedures for administration of Trade Contracts; and maintain coordination among Trade Contractors; (b) prepare Project Schedule site organization and lines of authority in order to carry out the Work on a coordinated basis; (c) organize staff and assign personnel, as approved by Owner, to various areas to provide a positive and efficient means by which the Work may be controlled, coordinated and expedited; (d) in consultation with Owner and Architect, update the latest Construction Budget prepared in the course of the Pre-Construction Phase, setting forth in such manner and detail as Owner may require, all proposed revisions anticipated costs of the Work for (i) all Trade Contractors performing labor or furnishing materials under Trade Contracts, other than Trade Contracts awarded solely for the performance of General Conditions Work Items, on a trade-by-trade and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and square foot basis, (ii) all of the Design ProfessionalConstruction Manager’s recommendations personnel and labor referred to in Section 3.10(a) hereof, and (iii) all General Conditions Work Items, broken down on an itemized, line item basis, and segregated to reflect those portions of said General Conditions Work Items which are to be performed by Construction Manager and those portions which are to be performed by Trade Contractors; update monthly, in consultation with Owner and Architect, and submit to Owner for its approval, such Construction Budget, and make such adjustments thereto, including adjustments by reason of approved Change Orders and Emergency Change Orders, to keep Owner currently informed as to the University anticipated aggregate Costs of the Work. Construction Manager agrees that if there exists any factor, event or occurrence of any kind which are carried out by in Construction Manager’s opinion, inhibits or prevents the University without substantive change. The Design Professional’s duties furnishing of accurate cost forecasts, then and in such event, Construction Manager promptly shall not include administration so advise Owner in writing; (e) coordinate the scheduling of communications with CM/Contractorthe Work; (f) require submission of, chairing meetings with CM/Contractor; monitoring and review, progress schedules of Trade Contractors and make adjustments to such schedules as appropriate in an effort to continue the compliance expeditious Final Completion of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with Work within the University’s Representative time periods set forth in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except Progress Schedule; (g) except as otherwise provided in Article XXII hereof, obtain Owner’s written approval of any changes in the Contract Documents Work and any approvals or as directed by Universityother documents necessary in connection therewith; (h) conduct necessary job and coordination meetings, all written communications with CM/Contractor which job meetings shall be sent held not less often than weekly unless not required and received which coordination meetings shall be held as required, and attend all such meetings; (i) prepare agendas and detailed written minutes of each job and coordination meeting and furnish copies thereof to Owner and Architect; (j) prepare and maintain Project record keeping system, including records of all changes in the Work necessitated by University’s Representativereason of Change Orders, Emergency Change Orders and Field Orders, Work progress schedules, daily manpower breakdown, shop drawing logs, material lists, records of all pertinent communications with, and recommendations made to, Architect and its responses thereto, and daily reports recording manpower breakdowns on a trade-by-trade basis with a description of the Work being performed each day by each trade, equipment and material deliveries, visitors, special occurrences, weather conditions, and other Work related information and make such on-Project site records available for inspection to Owner (and, if required by Owner, to Architect and/or Consultants). The Design Professional In addition, copies of all correspondence pertaining to the Work shall advise and consult with University Representative be maintained by Construction Manager and shall keep University Representative informed be made available at all times to Owner; (k) submit to Owner each month a “Job Progress Report” which shall describe the following: (i) the financial condition of the observed Work, including Trade Contract awards, Project modifications, anticipated cost summary, Change Order summary and projected cash flow; (ii) construction status, including updated Progress Schedules with projected critical dates compared with original milestone dates, status of job progress to date, current Work activity, projected Work activity for the following month, job photos and status of materials required; and (iii) drawing status, including status of drawing schedule, status of shop drawings, shop drawing schedule, status of coordination drawings, coordination drawing routing schedule, and coordination meeting minutes; (l) require that Trade Contractors submit and assemble and review, brochures, guarantees, certificates of compliance and other agreements and instruments; (m) obtain and review for constructability (but not as a substitute for Architect’s technical review) all shop drawings, samples and catalog cuts submitted by Trade Contractors and comment to Owner and Architect on their form and any significant inconsistencies between the shop drawings and the Construction Documents; and after Construction Manager shall so review said documents it shall promptly submit the shop drawings to Architect for review and approval. After return of the shop drawings from Architect, review Architect’s comments to the shop drawings; and distribute them to the submitting Trade Contractor and all other affected parties so that the Work may be properly coordinated and implemented into the Project. Construction Manager shall not be responsible for design errors and omissions. Construction Manager shall use its best efforts to discover and resolve any conflicts between shop drawings submitted by Trade Contractors; Construction Manager acknowledges and agrees that as part of its obligations under this Agreement, Construction Manager and its Trade Contractors are to prepare and submit shop drawings and other submissions, conduct coordination meetings and prepare coordination drawings for the purpose of coordinating the work required of Construction Manager and its Trade Contractors. Owner shall require the attendance of Architect at coordination meetings, when requested by Construction Manager. This process, in part, is intended to recognize and resolve design conflicts in advance of fabrication and installation of the various components of the Work. The Design Professional Construction Manager agrees that it shall render written or graphic interpretations expeditiously and decisions thoroughly prepare and submit shop drawings and conduct and conclude the coordination effort at the earliest possible time so as to facilitate the recognition and resolution of conflicts, including errors in the Construction Documents, such that any adverse effects on the progress of the Work are consistent with avoided to the intent of, and fullest extent reasonably inferable frompossible. Similarly, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection proposal of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Project. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.Article

Construction Phase. 2.6.1 a. Prior to the start of construction, the ARCHITECT shall certify that the following two documents have been submitted to DSA:‌ (1) Contract Information Form DSA-102. (2) Project Inspector Qualification and Approval Form DSA 5-PI, to be submitted 10 days prior to the time of starting construction. b. The Construction Phase will commence on with the date established by award of the Agreement between University Construction Contract to Contractor and CM/Contractorterminates upon satisfactory performance and completion of all tasks in this phase and commencement of the Closeout Phase or upon the DISTRICT’s terminating the AGREEMENT, whichever is earlier. While ARCHITECT shall work as many hours as necessary to complete Construction Phase services, ARCHITECT agrees that it will dedicate as many hours per week the PROJECT requires through the duration of the Construction.‌ c. The ARCHITECT shall provide technical direction to a Project Inspector employed by, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited responsible to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely mannerDISTRICT, as required by applicable law. The ARCHITECT shall direct and monitor the work of the Laboratory of Record as required by applicable law and provide code required supervision of Special Inspectors not provided by the Laboratory of Record. Upon the DISTRICT’s award of a Construction Contract to the Contractor, the ARCHITECT shall obtain the necessary Project Inspection Cards (“PIC”) (Form DSA 152) from the DSA that are needed for the Project Schedule (Inspector’s use in approving and all revisions signing off work on the PROJECT as it is completed by the Contractor. The ARCHITECT shall verify that the Project Inspector has the appropriate amount of PIC’s that are needed for the inspection and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectentire PROJECT prior to the commencement of any work by the Contractor on the PROJECT. The ARCHITECT shall provide the Project Inspector, Laboratory of Record and each Special Inspector an electronic copy of the DSA approved Construction Documents including, but not limited to, the approved Statement of Structural Tests and Special Inspections (Form DSA 103) prior to the commencement of any work on the PROJECT. 2.6.4 Design Professional shalld. The ARCHITECT shall meet with the Project Inspector, at no cost DISTRICT, Contractor, Laboratory of Record and Special Inspectors as needed throughout the completion of the PROJECT to Universityverify, satisfactorily correct acknowledge and coordinate the testing and special inspection program required by the DSA approved Construction Documents.‌ e. The ARCHITECT shall prepare Interim Verified Reports (Form DSA 6-AE) and submit such Interim Verified Reports to DSA, the Project Inspector and the DISTRICT prior to the Project Inspector’s approval and sign off of any and all errors, omissions, deficiencies, or conflicts in of the Construction Documents prepared by Design Professional or Design Professionalfollowing sections of the PROJECT’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.PIC’s as applicable: (1) Initial Site Work; (2) Foundation; (3) Vertical Framing;

Construction Phase. 2.6.1 a. Prior to the start of construction, the ARCHITECT shall certify that the following two documents have been submitted to DSA:‌ (1) Contract Information Form DSA-102. (2) Project Inspector Qualification and Approval Form DSA 5-PI should be submitted 10 days prior to the time of starting construction. b. The Construction Phase will commence on with the date established by award of the Agreement between University Construction Contract to Contractor(s) and CM/Contractorterminates upon satisfactory performance and completion of all tasks in this phase and commencement of the Closeout Phase or upon the DISTRICT’s terminating the AGREEMENT, whichever is earlier. c. The ARCHITECT shall provide technical direction to a full-time Project Inspector employed by, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited responsible to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely mannerDISTRICT, as required by applicable law. The ARCHITECT shall direct and monitor the work of the Laboratory of Record as required by applicable law and provide code required supervision of Special Inspectors not provided by the Laboratory of Record. Upon the DISTRICT’s award of a Construction Contract to the Contractor, the ARCHITECT shall obtain the necessary Project Inspection Cards (“PIC”) (Form DSA 152) from the DSA that are needed for the Project Schedule (Inspector’s use in approving and all revisions signing off work on the PROJECT as it is completed by the Contractor. The ARCHITECT shall verify that the Project Inspector has the appropriate amount of PIC’s that are needed for the inspection and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectentire PROJECT prior to the commencement of any work by the Contractor on the PROJECT. The ARCHITECT shall provide the Project Inspector, Laboratory of Record and each Special Inspector with an electronic copy of the DSA approved Construction Documents including, but not limited to, the approved Statement of Structural Tests and Special Inspections (Form DSA 103) prior to the commencement of any work on the PROJECT. 2.6.4 Design Professional shalld. The ARCHITECT shall meet with the Project Inspector, at no cost DISTRICT, Contractor, Laboratory of Record and Special Inspectors as needed throughout the completion of the PROJECT to Universityverify, satisfactorily correct acknowledge and coordinate the testing and special inspection program required by the DSA approved Construction Documents. e. The ARCHITECT shall prepare Interim Verified Reports (Form DSA 6-AE) and submit such Interim Verified Reports to DSA, the Project Inspector and the DISTRICT prior to the Project Inspector’s approval and sign off of any and all errors, omissions, deficiencies, or conflicts in of the Construction Documents prepared by Design Professional or Design Professionalfollowing sections of the PROJECT’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.PIC’s as applicable: (1) Initial Site Work; (2) Foundation; (3) Vertical Framing;

Construction Phase. 2.6.1 9.1.1. The Construction Phase will commence on Developer shall at its cost, charges and expenses, prepare the date established by Designs and Drawings, obtain requisite approvals/ clearance including approval for setting Inland Container Depot (ICD) along with Railway Siding facility and manage the Agreement between University implementation process as per Good Industry Practice and CM/Contractor, and will terminate one year after Notice of Completion or, in conformity with the absence of a Notice of Completion, one year after Final Completion, of the entire Work.Concession Agreement 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative9.1.2. Pre-construction meetings may be held prior Prior to commencement of separate portions Construction Works, the Developer shall: a) The Developer shall submit the Designs and Drawings relating to the Project for the review and approval of the Project. Attendees SJDA; b) The SJDA shall be Design Professional’s consultants, CM/Contractor review the Designs and major subcontractors, University's Designated Administrator and others as deemed necessary Drawings submitted by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation Developer and provide its comments/ observations and suggestions on the same within 3 (three) Days from the date of the Contract Documents; periodic site observations; review receipt of submittals; review such Designs and Drawings; c) In the event of any deviation observed in the proposed Designs and Drawings, the Developer shall promptly and without any undue delay revise and resubmit the Designs and Drawings to satisfy the SJDA with regards its compliance within 3 (three) Days; d) Upon receipt of concurrence from the SJDA, the Developer shall require to obtain all requisite approvals/ clearances from the respective authorities for implementation of the Project Schedule (along with requisite approval for implementation & operation of the Inland Container Depot and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement Railway Siding Facility within the time provided Project Site. e) Notwithstanding the review by the SJDA, the Developer shall be solely responsible for any defect and/ or deficiency in proposed revisions the Designs and updates Drawings relating to the Project Schedule; providing cost or schedule analysis any part thereof and accordingly the Developer shall at all times remain responsible for field or change orders; preparation its obligations under this Agreement; 9.1.3. The Developer shall promptly commence and complete the works, including installation of documents equipment for operation of the proposed changes; review Inland Container Depot and shall also obtain from the a certificate of and making recommendations regarding approval commencement of CM/Contractor cost, schedule or application for payment data; and general consultation the Project in accordance with the provisions of this Agreement not later than 2 years from the date of signing of the Concession Agreement (Construction Period). 9.1.4. Without prejudice to the University on design matters. All responsibilities generality of the Design Professional pursuant Clause 9.1.2 and 9.1.3 and in addition to any of its other obligations under this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/ContractorDeveloper shall: a) arrange for, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as manner all necessary financial and other resources required by the Project Schedule (for construction and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion installation of the Project. 2.6.4 Design Professional shallb) engage professionally competent persons for project management and construction and ensure that all works are carried out in accordance with Good Industry Practice and compliance with the Construction Standards; c) give written notice to the SJDA within 7 (seven) Days of any material modification or change to any of the Financing Documents and/ or Shareholding Structure shall simultaneously therewith also furnish copies of such modified/ amended documents to the Developer. Provided no such modification/ amendment will be made if it in any manner whatsoever has the effect of imposing an additional financial obligation or increasing the financial obligation of the SJDA. For avoidance of doubt any such modifications/ amendments made will not be enforceable against the SJDA; d) obtain Applicable Permits, comply with Applicable Laws and Applicable Permits and give priority to safety in its construction and planning activities in order to protect life, health, property and environment; e) provide to the representative(s) of the SJDA, at no reasonable times and upon prior intimation, access to the Project Site to review progress in construction and to ascertain compliance with any of the requirements of this Agreement. Provided that non-inspection by the SJDA of any works shall not, in relation to such works, (i) amount to any consent or approval by the SJDA nor shall the same be deemed to be waiver of any of the rights of the SJDA under this Agreement; and (ii) release or discharge the Developer from its obligations or liabilities under this Agreement in respect of such work; f) provide monthly reports on the progress of Construction Works or such other relevant information as may be required by the SJDA; g) promptly carry out at its cost such further works as may be necessary to Universityremove any defects or deficiencies observed by the SJDA or any other authorised representative of the SJDA and ensure timely completion of construction of the Project in all respects in accordance with the provisions of this Agreement; 9.1.5. Subject to any of the provisions of this Agreement providing for extension of time for performance or excuse from performance, satisfactorily correct as the case may be, of any of the obligations of the Developer under this Agreement, the Developer shall pay to the SJDA liquidated damages at the rate of [0.5% (zero point one percent)] of the Performance Security for every Day of delay in fulfilling the specified obligations including a delay in obtaining the Completion Certificate. In case the aggregate delay exceeds 180 (one hundred and all errorseighty) Days, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or noticeSJDA shall be entitled to terminate this Agreement and the consequences of termination. The obligations of Design Professional SJDA may, at its discretion recover any amounts with respect to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professionalliquidated damages from the Performance Security.

Construction Phase. 2.6.1 The Construction Phase will commence on the date established by the Agreement between University and CM/ContractorSubject to, and will terminate one year after Notice of Completion or, in accordance with the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend terms and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation provisions of the Contract Documents; periodic site observations; review of submittals; review , during the Construction Phase of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis Skate Park Project, for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor costa Guaranteed Maximum Price, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities exclusive of the Design Professional pursuant to this AgreementPrice, including but the Design-Builder agrees to: (a) Timely construct the Skate Park Project for not limited to services provided during more than the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services Guaranteed Maximum Price in accordance with the Contract Documents, the plans, specifications and technical specifications; (b) Promptly begin constructing the Skate Park Project Schedule after issuance of the “Notice to Proceed with Construction” by the Owner; (c) Adhere to a developed and all proposed revisions and updates thereto). The Design Professional shall be fully responsible approved Construction Timetable for the Skate Park Project; (d) Pay for all matters related to the Design Professional’s design labor, supervision, materials, supplies, furnishings, equipment and all of the Design Professional’s recommendations to the University which are carried out things required by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed in the construction of the observed progress Skate Park Project; (e) Obtain and pay for all required permits for the construction of the Work. The Design Professional shall render written or graphic interpretations Skate Park Project from all government agencies with jurisdiction over the Skate Park Project, including, but not limited to, the Florida Department of Transportation, the Southwest Florida Water Management District, Polk County Health Department, and decisions that are the Florida Department of Environmental Protection; (f) Perform Services at a level consistent with the intent ofstandards and quality prevailing among construction management, design-build and general contracting firms of superior knowledge, skill and experience engaged in projects of similar size and complexity; (g) Carry out and complete Services in an efficient, economical and timely manner, as expeditiously as is consistent with the level of skill and care required hereby and the interests of Owner, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements Contract Documents; (h) Achieve Substantial Completion of the Skate Park Project Schedule on or before the date set for Substantial Completion in the Guaranteed Maximum Price provisions of this Agreement; (and i) Achieve Final Completion of the Skate Park Project on or before the date set for Final Completion in the Guaranteed Maximum Price provisions of this Agreement; and (j) Deliver to the Owner two complete sets of as-built drawings of the Skate Park Project upon final acceptance of the Skate Park Project by the Owner. (all proposed revisions and updates thereto). The Design Professional shall perform all of which are the “Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates theretoRequirements”), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Project. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.

Construction Phase. 2.6.1 a. Prior to the start of construction, the ARCHITECT shall certify that the following documents have been submitted to DSA: (1) Contract Information Form DSA-102. (2) Inspector Qualification Record Form DSA-5 should be submitted 10 days prior to the time of starting construction. b. The Construction Phase will commence on with the date established by award of the Agreement between University Construction Contract to Contractor. c. The ARCHITECT shall reproduce five (5) sets of Construction Documents and CM/Contractorall progress prints for the NAVIGATOR’s and the NAVIGATOR’s consultant’s use at the ARCHITECT’s expense. d. The ARCHITECT shall provide technical direction to a full-time Project Inspector employed by, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited responsible to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely mannerNAVIGATOR, as required by applicable law. The ARCHITECT shall direct and monitor the work of the Laboratory of Record as required by applicable law and provide code required supervision of Special Inspectors not provided by the Laboratory of Record. Upon the NAVIGATOR’s award of a Construction Contract to the Contractor, the ARCHITECT shall obtain the necessary Project Inspection Cards (“PIC”) (Form DSA 152) from the DSA that are needed for the Project Schedule (Inspector’s use in approving and all revisions signing off work on the PROJECT as it is completed by the Contractor. The ARCHITECT shall verify that the Project Inspector has the appropriate amount of PIC’s that are needed for the inspection and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectentire PROJECT prior to the commencement of any work by the Contractor on the PROJECT. The ARCHITECT shall provide the Project Inspector, Laboratory of Record and each Special Inspector with a copy of the DSA approved Construction Documents including, but not limited to, the approved Statement of Structural Tests and Special Inspections (Form DSA 103) prior to the commencement of any work on the PROJECT at the ARCHITECT’s expense. 2.6.4 Design Professional shalle. The ARCHITECT shall meet with the Project Inspector, at no cost NAVIGATOR, Contractor, Laboratory of Record and Special Inspectors as needed throughout the completion of the PROJECT to Universityverify, satisfactorily correct acknowledge and coordinate the testing and special inspection program required by the DSA approved Construction Documents. f. The ARCHITECT shall prepare Interim Verified Reports (Form DSA 6-AE) and submit such Interim Verified Reports to DSA, the Project Inspector and the NAVIGATOR prior to the Project Inspector’s approval and sign off of any of the following sections of the PROJECT’s PIC’s as applicable: (1) Initial Site Work and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Foundations Preparation; (2) Vertical and Horizontal Framing; (3) Appurtenances; (4) Finish Site Work shall not in any way limit any other obligations of Design Professional.and Other Work;

Construction Phase. 2.6.1 The contract documents present a total of 730 calendar days for the Contractor to complete the work. We understand that a majority of this time will be spent on long lead item material procurement, such as pumps and other electrical equipment. For the actual in-field construction phase, we have assumed a schedule of 190 working days (~39 weeks). Based on this 190 working days/39 weeks, we have budgeted for 16 hours/week required for project management from our assigned Construction Phase Manager/Resident Engineer and have budgeted for field observations at an average of 5 hours/day. Construction phase support will commence be dependent on construction activity and adjusted as required, with any unused budget being returned to the date established by City. • Monitor project schedule • Keep stakeholders informed of the Agreement between University construction schedule • Weekly Progress Meetings - Schedule, develop agenda, and CM/minutes for meeting with Contractor, City staff, EOR, and other necessary entities • Review Contractors 3-Week Look Ahead Schedule and assist with forecasting and coordinate scheduling of testing and inspections • Review and qualify Contractor requested change orders • Investigate proposed change orders, obtaining the City’s approval prior to work taking place City of Watsonville – ▇▇▇▇▇ ▇▇ Well No. 4 April 5, 2024 • Establish and maintain files and documentation for use in change negotiations or potential claims • Maintain quantity calculations throughout the project • Coordinate daily reports and quantities with the Contractor, identify and record potential disputes for future reference • Review monthly Request for Payment, sign, and recommend approval for payment to the City • Collect delivery and materials tickets for project record • Provide onsite inspection and oversight during construction, hours/level of inspection to depend on construction activity phase • Prepare inspection reports, including tracking labor, equipment, weather, observations/notes, quantities, and photos. Daily reports to be made available to the City’s Designated Representative via Procore or in PDF format • ▇▇▇▇▇▇▇ Group Inspections and oversight include: o Traffic control implementation o Review of Contractors BMPs for general stormwater compliance o Site improvements including grading, flat work, paving, stockpile area, fencing, and landscaping o Utilities – storm drain, water, sewer, conduits, • Coordination with our subconsultant, EarthSystems, for material testing: o Material & Compaction Testing – subgrade, base rock, asphalt, concrete cylinders o Special Inspection – rebar, engineered wood products, welding • Assist with coordination of the EOR and their subconsultants for site visits observations and commissioning o Responsibility of accepting of contractor’s start up and commissioning activities will terminate one year after be supported by ▇▇▇ ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇▇▇ based on scope of work in proposal dated 2/20/2020 • Report to the City when work is performed that is unsatisfactory, faulty, or does not conform to the Contract documents and advise on how the work should be remedied • Inspector will help to coordinate notification of local agencies or other City Departments • Review compliance with contract documents • Record and report design modifications • Review Contractor’s survey work and layout for general conformance • Maintain photographic and written documentation throughout the project in Procore and available to the entire team at all times • • Monitor stormwater protection measures throughout the project • Monitor Contractor’s safety practices for compliance with safety program • Utilize the following documents during field safety monitoring program: o CAL-OSHA Construction safety orders City of Watsonville – ▇▇▇▇▇ ▇▇ Well No. 4 April 5, 2024 Page 5 of 7 o Traffic Control Plan o Contractor’s safety plan • Work with the Contractor to resolve safety concerns on site • Advise City of observed or unresolved deficiencies • Inspect complete and near complete work for deficiencies • Establish and maintain punch list and track items to resolution • Recommend and approve final payment to the Contractor • Review as-built drawings with the Contractor throughout the project • Review O&M Manuals provided by Contractor for project records • Assist City and Design Engineer in review and completion of final certified record drawings • Assemble and deliver all records, reports, certificates, pictures upon project completion • Assist with the preparation and signing of the Acknowledgement of Construction Closeout and Release of Claims form • Prepare Notice of Completion orand send to City’s Designated Representative • Files can be delivered in hard copy and/or electronic format, as requested Earth Systems will act as a subconsultant to ▇▇▇▇▇▇▇ Group and will perform material testing and provide special inspection services. Testing and special inspection will be performed on subgrade, base rock, asphalt, concrete, reinforcing steel, and welding. Earth Systems proposal is included as an attachment to the Budget Summary table. Project bids are expected in April 2024. We anticipate reviewing initial submittals in Summer 2024. Depending on material procurement and availability, this project may not start until 2025. We have assumed construction observation support for a period of 190 working days. Client shall provide the absence of a Notice of CompletionDIR Project Number for this project. To do so, one year after Final Completion, the Client will need to complete the PWC-100 form and submit to the DIR prior to the commencement of the entire Work. 2.6.2 Design Professional shall attend field survey. This is required to be in compliance with State of California Prevailing Wage laws. City of Watsonville – ▇▇▇▇▇ ▇▇ Well No. 4 April 5, 2024 Page 6 of 7 Only services and participate deliverables specifically detailed and listed are to be considered as included in this proposal. Project schedule extensions may require additional work authorization. Assumptions include: • City of Watsonville will perform inspection of all pre-construction meetings called electrical and building systems • Commissioning will be the responsibility of and performed by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator acceptance and others as deemed necessary review/acceptance support will be provided by the University. 2.6.3 The Design ProfessionalEngineer of Record • Quality Assurance Construction Staking will be performed under separate contract through the City’s responsibilities shall include, but not on-call • Labor compliance monitoring services will be limited to, interpretation performed by City staff ▇▇▇▇▇▇▇ Group will perform the services denoted in Scope of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services Services in accordance with the Project Schedule attached Standard Billing Rates (and all proposed revisions and updates theretoExhibit A). These services will be invoiced monthly on an accrued cost basis, and our total budget, including reimbursables will not exceed our estimated budget of $420,187 without receiving written authorization from the City. Invoices will be formatted to match the formatting style contained within this fee proposal. Reimbursables are included in the time and materials estimated budget amount stated above. The Design Professional shall estimated budget for on-site construction inspections are based on prevailing wage rates. If the Client and the California Department of Labor determines that prevailing wage payments are not required, the fees can be fully responsible for all matters related adjusted and billed according to the Design Professional’s design and all per hour rate of the Design Professional’s recommendations to Standard Wage column on the University which are carried out by the University without substantive changeStandard Billing Rates provided. The Design Professional’s duties shall not include administration City of communications with CM/ContractorWatsonville – ▇▇▇▇▇ ▇▇ Well No. 4 April 5, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Project. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.2024

Construction Phase. 2.6.1 The After authorization from the Director to undertake the Construction Phase will commence on is issued, the date established by the Agreement between University and CM/Contractor, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, Designer shall proceed with general administration of the entire Work.construction contracts, including the following services: 2.6.2 Design Professional 3.5.1 The Designer shall attend schedule and participate in all officiate the pre-construction conference at the Project Site with prime contractors and the Project Manager. At least seven (7) days in advance, the Using Agency and the Division shall be notified of all conference schedules. Five (5) sets of construction documents shall be distributed to all prime contractors. Periodic progress meetings called shall be held under the direction of the Designer, as otherwise provided by specifications or ask required by the UniversityDivision. The Designer shall record, keep and distribute minutes of all meetings. 3.5.2 The Designer shall, upon the State’s Representative. Pre-construction meetings may request, be held prior available for consultation on matters relating to commencement of separate portions claims and to the execution and progress of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others work as deemed necessary by well as give assistance to the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, State on technical matters pertaining to the interpretation of the Contract Documents; periodic site observations; review . The Designer shall promptly check and approve samples, schedules, shop drawings and other submittals for compliance with the information contained in the Contract Documents, shall prepare change orders and shall collect all guarantees required of submittals; review contractors or suppliers. 3.5.3 The Designer shall secure the written approval of the Project Schedule (Manager prior to any substitution of any material or equipment. The Designer shall not direct any changes in scope or value of the contract work without the prior written approval of the Project Manager. 3.5.4 The Designer shall provide such interpretation and all proposed updates clarification of the Contract Documents as required for the proper construction of the Project, and revisions thereto); providing comments shall make such decisions as required by the Contract Documents at such times and in such manner as to expedite the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within proper execution of the time provided in proposed revisions and updates construction contract. 3.5.5 The Designer shall make weekly visits to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation Site when work is in progress and assess the quality, quantity and adherence of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation the work to the University on design mattersContract Documents. All responsibilities of the Design Professional pursuant The Designer shall not be responsible for a contractor's failure to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services fully complete construction work in accordance with the Contract Documents, but will determine to his professional satisfaction that the interests of the State are safeguarded. During visits to the Project Schedule (Site, and all proposed revisions on the basis of individual and updates thereto)professional observation while at the Project Site, the Designer will keep the State informed of the progress of the work, will endeavor to guard the State against defects and deficiencies in the work of contractors and may condemn work as failing to conform to the intent of the Contract Documents. 3.5.6 Based on individual and professional observations and the contractor's Application for Payment, the Designer shall determine the amount due to the contractor and will issue Certificates for Payment in such amounts. The Design Professional shall be fully responsible Certificates for all matters related Payment will constitute the official representation to the Design Professional’s design State, based on such observations, and all the information contained in the Application for Payment that the contractor has completed the project to the degree claimed in the Application for Payment, and to the professional satisfaction of the Design Professional’s recommendations Designer. By issuing a Certificate for Payment, the Designer will also represent to the University which are carried out by State that, to the University without substantive change. The Design Professional’s duties shall not include administration best of communications his/her knowledge, based on reasonable and prudent inquiry and professional observations, the quality of the work is in accordance with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided The Designer shall, within seven (7) days after receipt of the Application for Payment, issue said Certificate to the State or state in writing the reasons for it being withheld. 3.5.7 The Designer shall provide sufficient notice to the State in order to participate in the Contract Documents or as directed by Universitynecessary inspections to determine substantial completion and shall, all written communications after conferring with CM/Contractor the State's Site Representative and Project Manager, initiate a Certificate of Substantial Completion (DAPW 5). The Certificate shall be sent and received valid only upon written approval by University’s Representativethe Director. The Design Professional final Certificate for Payment shall advise follow such Substantial Completion approval. 3.5.8 The Designer shall furnish to the Division record documents demonstrating modifications made during the construction process, based on marked-up prints, drawings and consult with University Representative other relevant information furnished by the contractors to the Designer. 3.5.9 The Designer shall collect and submit to the Division two (2) sets of all warranties, guarantees, manuals and operating directions. 3.5.10 The Designer shall keep University Representative informed make an inspection of the observed Project nine (9) months after the Substantial Completion approval has been issued in conjunction with the Project Manager and prior to the expiration of the one (1) year guarantee period. The Designer shall submit a written report of the inspection results the Project Manager. 3.5.11 On the first day of each month, the Designer shall furnish to the Project Manager duplicate copies of the Monthly Planning Report (DAPW 2) specifying the progress of the Work. professional services and construction. 3.5.12 The Design Professional Designer shall render written or graphic interpretations submit one (1) set of record documents to the Indiana Department of Homeland Security’s Division of Fire and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements Building Safety within 60 days of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion Directors acceptance of the ProjectCertificate of Substantial Completion. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.

Construction Phase. 2.6.1 Upon University's written direction to proceed, Design Professional shall provide Construction Phase services as described herein and in the Supplemental Requirements in the Exhibits. 2.6.2 The Construction Phase will commence on the date established by the Agreement between University and CM/Contractor, Contractor is signed by University and will terminate one year after Notice of Completion oror Notice of Cessation, or in the absence of either a Notice of CompletionCompletion or Notice of Cessation, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The . 2.6.4 Design Professional shall render written design interpretations of, and design decisions regarding, the Contract Documents that are necessary for the proper execution or graphic progress of the Work including provision of clarifications and interpretations and decisions of the Contract Documents that are consistent with the intent of, of the documents but which do not involve a change in the scope of the Work. Such clarifications and reasonably inferable from, interpretations shall not involve an adjustment of the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence Sum or an extension of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Time. 2.6.5 Design Professional shall perform all Construction Phase not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Work, unless Design Professional specifies, directs, recommends or approves such means, methods, techniques, sequences, procedures, or safety precautions/ programs. 2.6.6 Design Professional shall prepare drawings, and specifications, supporting data, and other services in a timely manner, connection with Field Orders and Change Orders as required by the Project Schedule (and all revisions and updates thereto), this Agreement and Supplemental Requirements in the Contract DocumentsExhibits. Design Professional shall employ will be paid for these services, as Additional Services, if it (1) submits a written estimate of the cost of such service within {DAYS} of the notification that the services are required and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement (2) the cost of such services do not cause or contribute exceed the estimated amount, as thereafter approved in writing by University. Under no circumstances will the Design Professional be entitled to a disruption compensation in excess of construction or a delay in completion {AMOUNT} for such services for any individual Change Order without prior written approval of the ProjectUniversity. {FACILITY HAS THE OPTION TO USE 2.6.7 OR TO LEAVE PREPARATION OF CHANGE ORDERS AS ADDITIONAL SERVICES. 2.6.4 2.6.7 However, no additional compensation shall be paid to Design Professional shallfor the preparation of Change Orders, at no cost to Universityincluding the preparation of Drawings, satisfactorily correct any Specifications, and all errorssupporting data and other services required in connection with the preparation of Change Orders until the total cumulative value (calculated by adding the absolute values of both additive and deductive changes not caused, omissionsin whole or in part, deficiencies, or conflicts in the Construction Documents prepared by Design Professional errors or omissions) exceeds { } percent of the Contract Sum. 2.6.8 Design Professional shall provide Record Documents as described herein and in the Supplemental Requirements in the Exhibits. 2.6.9 Design Professional shall review the Work at 11 months after Substantial Completion or Final Completion, as applicable, and shall make written recommendations to University for the correction of any deficiencies as required by the Supplemental Requirements in the Exhibits. Dates for inspections shall be as mutually agreed by the parties within the 11th month time frame. The number of work hours associated with the on-site review and preparation of written recommendations shall not exceed { } hours excluding review and preparation necessitated in whole or in part by Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professionalerrors and omissions.

Construction Phase. 2.6.1 The Construction Phase will commence on (a) Prior to the date established by commencement of construction, the Agreement between University and CM/Contractor, and will terminate one year after Notice of Completion or, Seller must comply with the Insurance Requirements for construction phase included in the absence of a Notice of Completion, one year after Final Completion, of the entire WorkExhibit 7. 2.6.2 Design Professional shall attend and participate (b) Seller must comply with all requirements set forth in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the UniversityExhibit 11 [Engineering & Construction Requirements]. 2.6.3 The Design Professional’s responsibilities (c) Seller shall provide to Buyer an Installation & Construction plan that shall include, but not at a minimum, the following: (i) Detailed array layout with stringing configuration (ii) Mounting and racking details (iii) Details of electrical transmission showing conduit routing and location of electrical enclosures, conduit support details, and enclosure mounting details (iv) Electrical single line diagram (v) Electrical three line diagram (vi) Monitoring plan (vii) Construction project plan with timeline (viii) Certification by Seller that the design complies with all applicable laws, codes and regulations of all governmental jurisdictions (d) Seller shall cause the System to be limited todesigned, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (installed and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services constructed in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluateCalifornia Building Code, with the University’s Representativelaws and regulations of all governmental authorities with jurisdiction, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the all requirements of the Project Schedule Agreement and pursuant to the final approved project design, and at Seller’s sole cost. Upon completion of construction of the System, Seller shall be responsible for verifying System performance on an ongoing basis. (e) Minimum Standards: Seller shall ensure that minimum design standards are followed, including; (i) All power generation and transmission equipment shall be UL listed for its use (ii) Generating Facility must meet all regulatory and environmental requirements including but not necessarily limited to PG&E, CSI, CPUC, Fire ▇▇▇▇▇▇▇▇, UL, UBC, and CEQA. (iii) Requirements of Material 1. Fasteners and hardware throughout system shall be stainless steel or material of equivalent corrosion resistance 2. Racking components shall be anodized aluminum, hot dipped galvanized steel, or material of equivalent corrosion resistance 3. Unprotected steel shall not to be used in any components (iv) All conductors, RHW and otherwise, must be covered to prevent exposure to sunlight (v) Seller will warranty roof penetrations (if any) against leakage for twenty (20) years (“Warranty”). This Warranty specifically excludes any leakage that is the result of pre-existing roof conditions, and all proposed revisions roof and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required underlying damage caused by the Project Schedule (Generating Facility installation that is the result of pre-existing roofing and all revisions and updates thereto), this Agreement and underlying conditions. If the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants Generating Facility fails to ensure that its interpretations, decisions, reviews, or other functions pursuant conform to this Agreement do not cause Warranty, the Seller will, at its sole option, either repair or contribute to a disruption of construction replace any Generating Facility or a delay in completion of the Project. 2.6.4 Design Professional shall, component at no cost to Universitythe Buyer. This repair or replacement remedy shall be the sole and exclusive remedy provided under this Warranty and the original System warranty period will remain in effect and will not be extended, satisfactorily correct any nor will a new warranty period begin, upon repair or replacement of defective System components. This Warranty is effective from the date of completion of the Generating Facility installation. Seller will work with Buyer’s existing roofing contractors and all errorsmanufacturers to ensure original roof warranties, omissionsif applicable, deficienciesstay in effect. Both Parties acknowledge that cooperation by Buyer’s existing roofing contractors will be required in order to maintain original roof warranties. Should existing roofing contractor be unwilling to maintain roof warranty, or conflicts Seller will inform Buyer in writing, and Buyer will advise Seller how to proceed. (vi) Seller shall be responsible for protection of Buyer’s property pursuant to Exhibit 11 [Engineering and Construction Requirements Exhibit]. (vii) Array layout shall be designed to provide walking access around the Construction Documents prepared perimeter of the roof and convenient access to existing roof mounted HVAC equipment (viii) Parking canopy systems shall be designed to include safety lighting, impact resistance, and height requirements as specified by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work site. (ix) A Monitoring System shall not in any way limit any other obligations of Design Professionalbe included for each Generating Facility.

Construction Phase. 2.6.1 a. The Construction Phase will commence on with the date established award of the Construction Contract to Contractor. b. The ARCHITECT shall reproduce five (5) sets of Construction (contract) Documents and all progress prints for the DISTRICT’s and consultant’s use at the ARCHITECT’s expense. The remaining sets are to be provided as reimbursable expenses in conformance with Article XI. c. The ARCHITECT shall provide technical direction to a full-time PROJECT inspector employed by and responsible to the Agreement between University and CM/Contractor, and will terminate one year after Notice of Completion or, DISTRICT as required by applicable law. The ARCHITECT shall advise the Contractor in the absence preparation of a Notice marked set of Completion, one year after Final Completion, prints indicating dimensioned location of buried utility lines (record drawings) which shall be forwarded to the DISTRICT upon completion of the entire WorkPROJECT. 2.6.2 Design Professional d. The ARCHITECT will endeavor to secure compliance by Contractor with the contract requirements, but does not guarantee the performance of Contractor’s contracts. e. The ARCHITECT shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions provide general administration of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Construction Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during periodic visits at the site as ARCHITECT deems necessary to render architectural observation which is distinguished from the continuous personal inspection of the PROJECT inspector (in no case shall the number of visits be less than once every week); make regular reports as may be required by governing agencies; keep the DISTRICT informed of the progress of construction; review schedules and shop drawings for compliance with design; approve substitution of materials, equipment, and the laboratory reports thereof subject to DISTRICT knowledge and approval; maintain construction accounts; prepare change orders for written approval of the DISTRICT; examine Contractor’s applications for payment and issue certificates for payment in amounts approved by the ARCHITECT and DISTRICT; provide a color schedule of all materials in the PROJECT for DISTRICT’s review and approval; determine date of completion of the PROJECT; prepare a final punchlist and estimate the value of each item appearing thereon; make final punch-list inspection of the PROJECT; assemble and deliver to the DISTRICT written guarantees, instruction books, diagrams, and charts required of the Contractor; and issue the ARCHITECT’s certificate of completion and final certificate for payment. f. The ARCHITECT, as part of his basic services, shall advise the DISTRICT of any deficiencies in construction following the acceptance of the work and before the expiration of the guarantee period of the PROJECT. g. The ARCHITECT shall be the interpreter of the requirements of the Construction Phase, Documents and advise the DISTRICT as to the performance by the Contractor thereunder. h. The ARCHITECT shall make recommendations to the DISTRICT on claims relating to the execution and progress of the work and all matters and questions relating thereto. The ARCHITECT’s recommendations in matters relating to artistic effect shall be undertaken in conformance consistent with the Project Schedule (and all revisions and updates thereto)intent of the Construction Documents. i. The ARCHITECT shall advise the DISTRICT to reject work which does not conform to the Construction Documents. Design Professional The ARCHITECT shall employ and assign adequate professional staff and subconsultants promptly inform the DISTRICT, whenever, in the ARCHITECT’s opinion, it may be necessary, to ensure its ability stop the work to perform services avoid the improper performance of the AGREEMENT. The ARCHITECT has authority to require additional inspection or testing of the work in accordance with the Project Schedule (provisions of the Construction Documents, whether work is fabricated, installed or completed. j. The ARCHITECT shall not issue orders to the Contractor that might commit the DISTRICT to extra expenses or otherwise amend the Construction Documents without first obtaining the written approval of the DISTRICT. k. The ARCHITECT shall act at all times in the best interest of the DISTRICT and all proposed revisions shall administer, on behalf of the DISTRICT, the construction contract between the DISTRICT and updates thereto)the Contractor. The Design Professional shall be fully responsible for all matters related ARCHITECT does not have authority to issue change orders or to bind the DISTRICT to any changes to the Design Professional’s design and all Construction Documents that would result in an increase in the original contract time or amount. The ARCHITECT shall have authority to act on behalf of the Design Professional’s recommendations DISTRICT only to the University extent provided in this AGREEMENT, unless otherwise modified in writing. l. The ARCHITECT shall at no additional cost provide services made necessary by defect or deficiencies in the work of the Contractor which are carried out through reasonable care should have been discovered by the University without substantive changeARCHITECT and promptly reported to the DISTRICT and Contractor but which ARCHITECT failed to do. m. The ARCHITECT shall review and certify the amounts due the Contractor. The Design ProfessionalARCHITECT’s duties certification for payment shall constitute a representation to the DISTRICT, based on the ARCHITECT’s observations and inspections at the site, that the work has progressed to the level certified, that quality of the work is in accordance with the Construction Documents and that the Contractor is entitled to payment in the amount certified. n. The ARCHITECT shall review and approve or take other appropriate action upon Contractor’s submittals of shop drawings, product data, and samples for the purpose of checking for conformance with the Construction Documents. The ARCHITECT’s action shall not include administration of communications delay the work, but should allow for sufficient time in the ARCHITECT’s professional judgment to permit adequate review. o. The ARCHITECT shall prepare proposed change orders with CM/Contractor, chairing meetings with CM/Contractor; monitoring supporting documentation and data for the compliance of other parties DISTRICT’s review and approval in accordance with the Project Schedule; negotiation of price changes; Construction Documents, and coordination of closeout. Design Professional shall cooperate with the University’s Representative may authorize minor changes in the University Representative’s provision of contract administration services as those services are described work not involving an adjustment in the Contract Documentscontract sum or an extension of time. Except as otherwise provided The ARCHITECT shall evaluate and make written recommendations regarding Contractor’s proposals for possible change orders. ARCHITECT shall, at ARCHITECT’s expense, prepare a set of reproducible record drawings showing significant changes in the Contract Documents work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the ARCHITECT. p. The ARCHITECT shall inspect the PROJECT to determine the date or as directed by Universitydates of final completion, receive and forward to the DISTRICT for the DISTRICT’s review all written communications with CM/Contractor shall be sent warranties and received related documents required by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Construction Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance issue a final certificate for payment upon Contractor compliance with the requirements of the Project Schedule (Construction Documents. q. The ARCHITECT shall provide written evaluation of the performance of the Contractor under the requirements of the Construction Documents when requested in writing by the DISTRICT. r. The ARCHITECT shall provide services in connection with evaluating substitutions proposed by the Contractor and all proposed making subsequent revisions to drawings, specifications and updates thereto). other documentation resulting therefrom. s. The Design Professional ARCHITECT shall perform all Construction Phase services be responsible for gathering information and processing forms required by applicable governing authorities, such as building departments, local Fire Departments, OPSC, and DSA, in a timely mannermanner and ensure proper PROJECT close-out. t. The ARCHITECT shall evaluate and render written recommendations, within a reasonable time on all claims, disputes or other matters at issue between the DISTRICT and Contractor relating to the execution or progress of the work as required provided in the construction contract. Under no circumstances should this evaluation take longer than 20 calendar days from the date the claim is received by ARCHITECT. u. The ARCHITECT shall prepare and maintain throughout the project all as-built conditions at no additional cost. v. Before start of construction, the following two documents are required: (i) Contract Information Form DSA-102. ARCHITECT to be responsible for opening of DSA box and providing access to District, Project Schedule (and all revisions and updates thereto)Inspector, this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviewsLaboratory Engineer, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the ProjectContractor. 2.6.4 Design Professional shall(ii) Inspector Qualification Record Form DSA-5 should be submitted 10 days before the time of starting construction. w. The ARCHITECT shall coordinate with representatives of manufacturers or providers of equipment or systems to provide assistance such as testing, at no cost to Universityadjusting and balancing, satisfactorily correct any preparation of operation and all errorsmaintenance manuals, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professionaltraining personnel for operation and maintenance and consultation during operation.

Construction Phase. 2.6.1 a. Prior to the start of construction, the ARCHITECT shall certify that the following documents have been submitted to DSA: (1) Contract Information Form DSA-102. (2) Inspector Qualification Record Form DSA-5 should be submitted 10 days prior to the time of starting construction. b. The Construction Phase will commence on with the date established by award of the Agreement between University Construction Contract to Contractor. c. The ARCHITECT shall reproduce five (5) sets of Construction Documents and CM/Contractorall progress prints for the DISTRICT’s and the DISTRICT’s consultant’s use at the ARCHITECT’s expense. d. The ARCHITECT shall provide technical direction to a full-time Project Inspector employed by, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited responsible to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely mannerDISTRICT, as required by applicable law. The ARCHITECT shall direct and monitor the work of the Laboratory of Record as required by applicable law and provide code required supervision of Special Inspectors not provided by the Laboratory of Record. Upon the DISTRICT’s award of a Construction Contract to the Contractor, the ARCHITECT shall obtain the necessary Project Inspection Cards (“PIC”) (Form DSA 152) from the DSA that are needed for the Project Schedule (Inspector’s use in approving and all revisions signing off work on the PROJECT as it is completed by the Contractor. The ARCHITECT shall verify that the Project Inspector has the appropriate amount of PIC’s that are needed for the inspection and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectentire PROJECT prior to the commencement of any work by the Contractor on the PROJECT. The ARCHITECT shall provide the Project Inspector, Laboratory of Record and each Special Inspector with a copy of the DSA approved Construction Documents including, but not limited to, the approved Statement of Structural Tests and Special Inspections (Form DSA 103) prior to the commencement of any work on the PROJECT at the ARCHITECT’s expense. 2.6.4 Design Professional shalle. The ARCHITECT shall meet with the Project Inspector, at no cost DISTRICT, Contractor, Laboratory of Record and Special Inspectors as needed throughout the completion of the PROJECT to Universityverify, satisfactorily correct acknowledge and coordinate the testing and special inspection program required by the DSA approved Construction Documents. f. The ARCHITECT shall prepare Interim Verified Reports (Form DSA 6-AE) and submit such Interim Verified Reports to DSA, the Project Inspector and the DISTRICT prior to the Project Inspector’s approval and sign off of any and all errors, omissions, deficiencies, or conflicts in of the Construction Documents prepared by Design Professional or Design Professionalfollowing sections of the PROJECT’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.PIC’s as applicable: (1) Initial Site Work; (2) Foundation; (3) Vertical Framing;

Construction Phase. 2.6.1 The Construction Manager agrees that during the construction phase (the “Construction Phase”) of the Work, which Construction Phase will shall commence on the date established of commencement of construction of any portion of the Work, upon which Owner gives notice to Construction Manager and provided that Owner has obtained the necessary construction financing for such work (unless otherwise agreed by the Agreement between University Owner and CM/ContractorConstruction Manager), and will shall terminate one year after Notice on the date of Final Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work., it shall perform the following services: 2.6.2 Design Professional shall attend (a) establish procedures for the orderly and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior to commencement of separate portions expeditious performance and Final Completion of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services Work in accordance with the terms of this Agreement; perform, or require to be performed, all Work necessary in connection therewith; establish procedures for administration of Trade Contracts; and maintain coordination among Trade Contractors; (b) prepare Project Schedule site organization and lines of authority in order to carry out the Work on a coordinated basis; (c) organize staff and assign personnel, as approved by Owner, to various areas to provide a positive and efficient means by which the Work may be controlled, coordinated and expedited; (d) in consultation with Owner and Architect, update the latest Construction Budget prepared in the course of the Pre-Construction Phase, setting forth in such manner and detail as Owner may require, all proposed revisions anticipated costs of the Work for (i) all Trade Contractors performing labor or furnishing materials under Trade Contracts, other than Trade Contracts awarded solely for the performance of General Conditions Work Items, on a trade-by-trade and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and square foot basis, (ii) all of the Design ProfessionalConstruction Manager’s recommendations personnel and labor referred to in Section 3.10(a) hereof, and (iii) all General Conditions Work Items, broken down on an itemized, line item basis, and segregated to reflect those portions of said General Conditions Work Items which are to be performed by Construction Manager and those portions which are to be performed by Trade Contractors; update monthly, in consultation with Owner and Architect, and submit to Owner for its approval, such Construction Budget, and make such adjustments thereto, including adjustments by reason of approved Change Orders and Emergency Change Orders, to keep Owner currently informed as to the University anticipated aggregate Costs of the Work. Construction Manager agrees that if there exists any factor, event or occurrence of any kind which are carried out by in Construction Manager’s opinion, inhibits or prevents the University without substantive change. The Design Professional’s duties furnishing of accurate cost forecasts, then and in such event, Construction Manager promptly shall not include administration so advise Owner in writing; (e) coordinate the scheduling of communications with CM/Contractorthe Work; (f) require submission of, chairing meetings with CM/Contractor; monitoring and review, progress schedules of Trade Contractors and make adjustments to such schedules as appropriate in an effort to continue the compliance expeditious Final Completion of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with Work within the University’s Representative time periods set forth in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except Progress Schedule; (g) except as otherwise provided in Article XXII hereof, obtain Owner’s written approval of any changes in the Contract Documents Work and any approvals or as directed by Universityother documents necessary in connection therewith; (h) conduct necessary job and coordination meetings, all written communications with CM/Contractor which job meetings shall be sent held not less often than weekly unless not required and received which coordination meetings shall be held as required, and attend all such meetings; (i) prepare agendas and detailed written minutes of each job and coordination meeting and furnish copies thereof to Owner and Architect; (j) prepare and maintain Project record keeping system, including records of all changes in the Work necessitated by University’s Representativereason of Change Orders, Emergency Change Orders and Field Orders, Work progress schedules, daily manpower breakdown, shop drawing logs, material lists, records of all pertinent communications with, and recommendations made to, Architect and its responses thereto, and daily reports recording manpower breakdowns on a trade-by-trade basis with a description of the Work being performed each day by each trade, equipment and material deliveries, visitors, special occurrences, weather conditions, and other Work related information and make such on-Project site records available for inspection to Owner (and, if required by Owner, to Architect and/or Consultants). The Design Professional In addition, copies of all correspondence pertaining to the Work shall advise and consult with University Representative be maintained by Construction Manager and shall keep University Representative informed be made available at all times to Owner; (k) submit to Owner each month a “Job Progress Report” which shall describe the following: (i) the financial condition of the observed Work, including Trade Contract awards, Project modifications, anticipated cost summary, Change Order summary and projected cash flow; (ii) construction status, including updated Progress Schedules with projected critical dates compared with original milestone dates, status of job progress to date, current Work activity, projected Work activity for the following month, job photos and status of materials required; and (iii) drawing status, including status of drawing schedule, status of shop drawings, shop drawing schedule, status of coordination drawings, coordination drawing routing schedule, and coordination meeting minutes; (l) require that Trade Contractors submit and assemble and review, brochures, guarantees, certificates of compliance and other agreements and instruments; (m) obtain and review for constructability (but not as a substitute for Architect’s technical review) all shop drawings, samples and catalog cuts submitted by Trade Contractors and comment to Owner and Architect on their form and any significant inconsistencies between the shop drawings and the Construction Documents; and after Construction Manager shall so review said documents it shall promptly submit the shop drawings to Architect for review and approval. After return of the shop drawings from Architect, review Architect’s comments to the shop drawings; and distribute them to the submitting Trade Contractor and all other affected parties so that the Work may be properly coordinated and implemented into the Project. Construction Manager shall not be responsible for design errors and omissions. Construction Manager shall use its best efforts to discover and resolve any conflicts between shop drawings submitted by Trade Contractors; Construction Manager acknowledges and agrees that as part of its obligations under this Agreement, Construction Manager and its Trade Contractors are to prepare and submit shop drawings and other submissions, conduct coordination meetings and prepare coordination drawings for the purpose of coordinating the work required of Construction Manager and its Trade Contractors. Owner shall require the attendance of Architect at coordination meetings, when requested by Construction Manager. This process, in part, is intended to recognize and resolve design conflicts in advance of fabrication and installation of the various components of the Work. Construction Manager agrees that it shall expeditiously and thoroughly prepare and submit shop drawings and conduct and conclude the coordination effort at the earliest possible time so as to facilitate the recognition and resolution of conflicts, including errors in the Construction Documents, such that any adverse effects on the progress of the Work are avoided to the fullest extent reasonably possible. Similarly, the proposal of substitutions in accordance with Article XXI of this Agreement shall be conducted at the earliest possible time. Nothing herein shall relieve Construction Manager from its own failure to comply with its obligations with respect to shop drawings, samples and catalog cuts; (n) at the Project site, on a current basis: (i) maintain, and make available to Owner, Architect and/or Consultants, copies of any records with respect to Trade Contracts, shop drawings, samples, operating manuals, the Construction Documents, equipment and any and all other related documents and any revisions to any of the foregoing which may arise out of, or be related to, this Agreement; (ii) maintain and provide, and make available to Owner, Architect and/or Consultants, progress photos taken on a monthly basis according to a plan, as previously approved by Owner; and (iii) upon final completion of the Work, deliver to Owner, in both hard copy and AutoCAD format, a complete set of marked “as-built drawings”, with respect to mechanical, electrical, plumbing showing the Work, as actually completed, together with copies of all operating instructions and maintenance manuals in both hard copy and PDF format (bound and indexed); and (o) establish and coordinate with Owner a system for processing, expediting and administering all Trade Contracts for the purchase of materials, supplies and equipment. Manage the procurement and delivery of critical materials to the Project site and coordinate the deliveries with the progress of the Work. The Design Professional shall render written or graphic interpretations ; (p) notify Owner and decisions that are consistent Architect of the progress of the Work, and advise Owner, in accordance with the intent ofprovisions of Article VI hereof, of any delays or serious potential delays which may affect Substantial Completion of the Work and reasonably inferable fromof Construction Manager’s recommendations regarding such delays; (q) inspect and coordinate the work of all Trade Contractors, enforce the Contract Documents; review terms of their respective Trade Contracts and recommend any action enforce strict discipline and good order among all Trade Contractors in an effort to be taken regarding CM/Contractor's required submittals; and evaluate, with see that the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be Work is performed in accordance with the terms of such Trade Contracts, the Contract Documents, recognized trade standards and the applicable laws, rules and regulations of governmental authorities having jurisdiction over the Work and endeavor to guard Owner against any delays, increased costs and defects and deficiencies in the Work. In connection with the foregoing, Construction Manager shall (i) require any Trade Contractor to stop the performance of any Work which Construction Manager observes is not in compliance with the requirements of its respective Trade Contract, the Contract Documents, recognized trade standards or the applicable laws, rules and regulations of any governmental authorities having jurisdiction over the Work; (ii) reject and require to be corrected, those portions of the Work which Construction Manager discovers does not conform to the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely mannerapplicable Trade Contract, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall , recognized trade standards or the applicable laws, rules and regulations of any governmental authorities having jurisdiction over the Work; (iii) inspect all materials, supplies and equipment delivered or installed in connection with, or pursuant to, any Trade Contract in an effort to determine that the same are in compliance with the requirements of the applicable Trade Contract, the Contract Documents, recognized trade standards and the laws, rules and regulations of all governmental authorities having jurisdiction over the Work and reject and require replacement of all non-conforming materials, supplies and equipment; and (iv) not employ and assign adequate professional staff and subconsultants on the Work any person or Trade Contractor unfit for or unskilled in the assigned task and, remove such unfit or unskilled employee or such Trade Contractor from the Project site; provided that the Construction Manager has no responsibility to ensure that the design complies with all building codes and other governmental requirements. (r) arrange for all cutting, fitting or patching that may be required to complete the Work or to make its interpretationsseveral parts fit together properly; (s) use best efforts to resolve disputes between Trade Contractors relative to the performance of their work or the furnishing of materials, decisionssupplies or equipment in connection with the Work; (t) arrange for the storage of all materials, reviewssupplies, systems and equipment provided in connection with the performance of the Work; (u) maintain the Project site in a safe and orderly fashion and provide Project site clean-up of the Work on a regular basis during the course of construction, and also upon Substantial Completion of each Phase of the Work and Final Completion, as provided in this Agreement; (v) enforce the implementation of necessary safety, health and environmental protection measures (as required under Section 7.01(g) hereof) during the performance of the Work, which shall include, without limitation, the erection and maintenance of all reasonable safeguards and the posting of danger signs and other warnings against hazards, conduct inspections and require that all Trade Contractors comply with all federal, state and local safety, health, equal opportunity and environmental protection and other requirements, laws, rules and regulations as well as all necessary safety, health and environmental protection measures as provided herein applicable to the Work; (w) prepare a schedule of values and Applications for Payment in a form reasonably approved by Owner and Lender, if any; determine, prior to the submission of each Application for Payment, whether and to what extent the sums requested herein are due and payable; and certify to the best of Construction Manager’s knowledge, information and belief the same to Owner and Lender, if any; (x) make recommendations with respect to any changes Construction Manager may consider necessary or desirable in connection with the Work (including, but not limited to, events of force majeure or Contemplated Delay), it being understood and agreed that, except as otherwise provided in Section 22.05 and 22.06 hereof, no changes to the Contract Documents may be made in connection with the Work without the prior written approval of Owner; (y) issue to Trade Contractors (i) all Change Orders approved by Owner, and (ii) all Emergency Change Orders and Field Orders in the manner and in accordance with the provisions set forth in Article XXII hereof; (z) with respect to portions of the Work to be performed pursuant to a Change Order, an Emergency Change Order, or a Field Order, on a time and material, unit-cost or other functions pursuant similar basis, keep and require the keeping of records and computations thereof and maintain accurate cost accounting records, and provide copies thereof to Owner; (aa) review all Trade Contractors’ insurance documents for compliance with the provisions of their respective Trade Contracts and inform Owner of any deficiencies in said coverage; (bb) assist Owner in determining when Substantial Completion of each Phase of the Work has taken place; subsequent to Substantial Completion of each Phase of the Work, prepare (in consultation with Architect) lists of incomplete or unsatisfactory Work (“Punch Lists”) and perform or cause to be performed, and supervise all work necessary to complete the items set forth on the Punch Lists; provided, however, that the failure to include any element of the Work on such Punch Lists shall not alter the responsibility of Construction Manager and/or Trade Contractors to complete the Work in accordance with the Contract Documents; and subsequent to the completion of all items set forth on the Punch Lists items and any other unfinished portions of the Work, provide written notice to Owner, Architect (and if requested by Owner, to Consultants), that the Work has reached the stage of Final Completion and is ready for final inspection; (cc) assist Owner’s maintenance personnel in the initial start up, testing and operation of the Work and all systems comprising a portion of the same; (dd) prior to making final payment under any Trade Contract, (i) prepare a Trade Contract status summary indicating its financial status, complete with a summary of all approved Change Orders and payments made to date, and (ii) secure and deliver to Owner all required guarantees, affidavits, releases of liens, waivers, certificates, consent of any surety to final payment, as-built drawings, maintenance manuals, operating instructions and other documents required to be delivered under this Agreement do in connection with the Work; and (ee) secure and deliver to Owner all governmental consents, approvals, licenses and permits customarily obtained by a construction manager performing services and functions similar to the services and functions being performed by Construction Manager hereunder, including, but not cause limited to, obtaining a TCO, unless the failure to obtain a TCO is not due to any fault of Construction Manager, its Trade Contractors or contribute to a disruption of construction or a delay in completion of the Project. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.anyone for

Construction Phase. 2.6.1 The Construction Phase Provide inspections and testing of the building envelope system to include but not limited to the following:  Inspect the work of the construction contractor for progress, workmanship, and conformance with the approved contract documents and applicable codes and regulations for the building envelope system.  Coordinate and track all required envelope and special testing.  When work is found to be in non-conformance, document the deficiencies and promptly provide notification of the deficiencies to the A&M System member and the GC  Verify that deficiencies have been corrected and/or approved by applicable party  For each site visit provide field report with photos on each pertinent building system under construction.  Bring proper personal protective equipment (safety harness, vest, etc.) and tools (feeler gauge, wrenches, etc.) to accomplish inspection/testing.  Notify field inspector prior to visit if ladders, lifts, or other equipment will commence on be needed to perform inspection/ testing. Directly notify general contractor the date and time of the inspection/testing so the subcontractors can make the site available.  Provide a field report of the onsite mock up review.  Perform infrared survey of the building envelope.  Perform fastener pull out tests.  Perform a building envelope condition assessment. The A&M System reserves the right on each assignment to authorize all or any part of the above subject areas and/or work tasks as the A&M System deems necessary for the individual project. The scope to be performed will be set forth in each work authorization and be based on established unit rates and a proposal of units from the Provider for the particular assignment. A purchase order will prescribe a scope of work with a not-to-exceed fee for each assignment. Project Management Information Systems and Provider may be expected to fully utilize these programs. There is no fee for licenses and training in College Station will be provided at no additional cost. Items to Note:  The scope to be performed will be set forth in each project authorization and be based on established normalized unit rates and a proposal of units from the Provider for the particular assignment. A purchase order will prescribe a scope of work with a not-to-exceed fee for each assignment.  Building envelope services required by the Agreement between University and CM/ContractorA&M System members will vary, and will terminate one year after Notice be determined on a project- by-project basis. 1 Principal hr. $ 235.00 2 Senior Architect hr. $ 190.00 3 Architect hr. $ 168.00 4 Senior Engineer hr. $ 190.00 5 Engineer hr. $ 168.00 6 Engineer in Training (EIT) hr. $ 115.00 7 Senior Project Manager hr. $ 190.00 8 Project Manager hr. $ 150.00 9 Asst Project Manager hr. $ 130.00 10 Senior Designer / 3D Specialist hr. $ 115.00 11 Designer / Senior CAD Draftsman hr. $ 105.00 12 CAD Draftsman hr. $ 80.00 13 Technical Writer hr. $ 65.00 14 Senior Field Specialist hr. $ 110.00 15 Field Specialist hr. $ 90.00 16 Testing Team Leader hr. $ 130.00 17 Testing Technicians hr. $ 95.00 18 Rigging Specialist hr. $ 75.00 19 Skilled Labor hr. $ 48.00 20 Common Laborer hr. $ 43.00 21 Clerical hr. $ 55.00 22 Senior Envelope Consultant hr. $ 163.00 23 Envelope Specialist 3 hr. $ 143.00 24 Senior Roofing / Waterproofing Professional, RRC hr. $ 163.00 25 Roofing / Waterproofing Professional, RRO hr. $ 120.00 26 Senior Technician - Roofing / Waterproofing hr. $ 92.00 27 Technician - Roofing / Waterproofing hr. $ 82.00 28 Tramex Meter da. $ 64.00 29 Nuclear Moisture Meter da. $ 64.00 30 Restricted Access Vehicle (ATV) da. $ 85.00 31 34' Mobile Response Trailer da. $ 210.00 32 8 x 10 Mobile Office da. $ 95.00 33 20' Enclosed Trailer da. $ 215.00 34 20' Low Boy Trailer da. $ 190.00 35 Water Testing Tank / Trailer da. $ 220.00 36 Manometer da. $ 27.00 37 Vacuum Pump (small) da. $ 53.00 38 Vacuum Pump (large) da. $ 98.00 39 2" Gas Powered Water Pump da. $ 92.00 40 Electrical Booster Pump da. $ 49.00 41 AAMA Wands da. $ 92.00 42 75' Hoses da. $ 13.00 43 Gas Powered Welding / Cutting Rig da. $ 70.00 44 Generator da. $ 118.00 45 Dehumidification Fans da. $ 79.00 46 Rope Access Equipment da. $ 110.00 47 Swing Stage da. $ 295.00 48 Scaffolding da. $ 192.00 49 Scissor lift da. $ 220.00 50 Water Extraction Machine da. $ 91.00 51 Roof Uplift Chamber da. $1,450.00 52 Infrared Camera da. $ 390.00 53 Bore Scope Camera da. $ 245.00 54 Fastener Pull Out Tester da. $ 77.00 55 Water Distribution Rack with gages sf. $ 8.00 56 Vacuum Chamber sf. $ 11.00 57 Round Trip Charge ea. $ 120.00 58 Mileage mi. State Rate 59 Meals da. State Rate 60 Hotel da. State Rate Printing (Color or BW) 61 8.5 x 11 ea. $ 0.22 62 8.5 x 14 ea. $ 0.28 63 11 x 17 ea. $ 0.33 64 18 x 24 ea. $ 1.00 65 24 x 36 ea. $ 1.80 66 30 x 42 ea. $ 4.00 PROVIDER shall obtain and maintain, for the duration of Completion orthis Agreement or longer, the minimum insurance coverage set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the absence State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a Notice financial strength rating of CompletionA- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to A&M System. By requiring such minimum insurance, one year after Final Completion, of the entire Work. 2.6.2 Design Professional Owner shall attend and participate in all pre-construction meetings called by not be deemed or construed to have assessed the University’s Representative. Pre-construction meetings risk that may be held prior applicable to commencement PROVIDER under this Agreement. PROVIDER shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. PROVIDER is not relieved of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities shall include, but not be limited to, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities any liability or other obligations assumed pursuant to this Agreement within by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to A&M System at least ten days before the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities effective date of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluate, with the University’s Representative, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and the Contract Documents. Design Professional shall employ and assign adequate professional staff and subconsultants to ensure that its interpretations, decisions, reviews, or other functions pursuant to this Agreement do not cause or contribute to a disruption of construction or a delay in completion of the Projectcancellation. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.

Construction Phase. 2.6.1 The Prior to the execution of the Power Purchase Agreement, the Seller must comply with the Insurance Requirements for construction phase included as B-1 [Construction Phase will commence on the date established by the Agreement between University and CM/Contractor, and will terminate one year after Notice of Completion or, Insuranec Requirements] in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional PPA. Seller must comply with all requirements set forth in Attachment 5 [Engineering & Construction Requirements]. Seller shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior provide to commencement of separate portions of the Project. Attendees shall be Design Professional’s consultants, CM/Contractor and major subcontractors, University's Designated Administrator and others as deemed necessary by the University. 2.6.3 The Design Professional’s responsibilities Buyer an Installation & Construction plan that shall include, but not at a minimum, the following: Detailed array layout with stringing configuration Mounting and racking details Details of electrical transmission showing conduit routing and location of electrical enclosures, conduit support details, and enclosure mounting details Electrical single line diagram Electrical three line diagram Monitoring plan Construction project plan with timeline Seller shall cause the System to be limited todesigned, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (installed and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services constructed in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluateCalifornia Building Code, with the University’s Representativelaws and regulations of all governmental authorities with jurisdiction, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the all requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and pursuant to the Contract Documentsfinal approved project design, and at Seller’s sole cost. Design Professional Upon completion of construction of the System, Seller shall employ and assign adequate professional staff and subconsultants to be responsible for verifying System performance on an ongoing basis. Minimum Standards: Seller shall ensure that minimum design standards are followed, including; All power generation and transmission equipment shall be UL listed for its interpretationsuse Generating Facility must meet all regulatory and environmental requirements including but not necessarily limited to PG&E, decisionsCSI, reviewsCPUC, Fire ▇▇▇▇▇▇▇▇, UL, UBC, and CEQA. Requirements of Material Fasteners and hardware throughout system shall be stainless steel or material of equivalent corrosion resistance Racking components shall be anodized aluminum, hot dipped galvanized steel, or other functions pursuant material of equivalent corrosion resistance Unprotected steel shall not to this Agreement do not cause or contribute be used in any components Seller shall obtain electrical PE stamp verifying the integrity and code compliance of proposed PV systems and interconnection with facilities All conductors, RHW and otherwise, must be covered to prevent exposure to sunlight All penetrations flashed and sealed by a disruption of construction or a delay in completion certified roofer and maintain current warranty. Array layout shall be designed to provide walking access around the perimeter of the Projectroof and convenient access to existing roof mounted HVAC equipment Parking canopy systems shall be designed to include safety lighting, impact resistance, and height requirements as specified by site. A Monitoring System shall be included for each Generating Facility. 2.6.4 Design Professional shall, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencies, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations of Design Professional to correct defective or nonconforming Work shall not in any way limit any other obligations of Design Professional.

Construction Phase. 2.6.1 The Construction Phase will commence on the date established by the Agreement between University and CM/Contractor, and will terminate one year after Notice of Completion or, in the absence of a Notice of Completion, one year after Final Completion, of the entire Work. 2.6.2 Design Professional shall attend and participate in all pre-construction meetings called by the University’s Representative. Pre-construction meetings may be held prior (a) Prior to commencement of separate portions construction, Seller shall provide evidence of compliance by all subcontractors and consultants with the applicable Insurance Requirements as described in Exhibit 7 [Insurance and Bonding Requirements. (b) Seller shall comply in all material respects with all requirements set forth in Exhibit 4 [Technical and Warranty Requirements]. For purposes of the Project. Attendees foregoing, any deviation from any specification set forth in Exhibit 4 with respect to the components, materials, equipment and parts comprising the Generating Facilities shall be Design Professional’s consultantsdeemed not "material" if the substituted component, CM/Contractor material, equipment or part is of equal of higher is of equivalent quality and major subcontractors, University's Designated Administrator and others utility as deemed necessary by the Universityoriginal specified in the Final Plans. 2.6.3 The Design Professional’s responsibilities (c) Seller shall provide to Buyer an Installation & Construction plan that shall include, but not at a minimum, the following: Detailed array layout with stringing configuration Mounting and racking details Details of electrical distribution showing conduit routing and location of electrical enclosures, conduit support details, and enclosure mounting details Electrical single line diagram Electrical three line diagram Monitoring plan Construction project plan with timeline (d) Seller shall cause the PV System to be limited todesigned, interpretation of the Contract Documents; periodic site observations; review of submittals; review of the Project Schedule (installed and all proposed updates and revisions thereto); providing comments to the University’s Representative regarding Design Professional’s ability to undertake its responsibilities pursuant to this Agreement within the time provided in proposed revisions and updates to the Project Schedule; providing cost or schedule analysis for field or change orders; preparation of documents for proposed changes; review of and making recommendations regarding approval of CM/Contractor cost, schedule or application for payment data; and general consultation to the University on design matters. All responsibilities of the Design Professional pursuant to this Agreement, including but not limited to services provided during the Construction Phase, shall be undertaken in conformance with the Project Schedule (and all revisions and updates thereto). Design Professional shall employ and assign adequate professional staff and subconsultants to ensure its ability to perform services constructed in accordance with the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall be fully responsible for all matters related to the Design Professional’s design and all of the Design Professional’s recommendations to the University which are carried out by the University without substantive change. The Design Professional’s duties shall not include administration of communications with CM/Contractor, chairing meetings with CM/Contractor; monitoring the compliance of other parties with the Project Schedule; negotiation of price changes; and coordination of closeout. Design Professional shall cooperate with the University’s Representative in the University Representative’s provision of contract administration services as those services are described in the Contract Documents. Except as otherwise provided in the Contract Documents or as directed by University, all written communications with CM/Contractor shall be sent and received by University’s Representative. The Design Professional shall advise and consult with University Representative and shall keep University Representative informed of the observed progress of the Work. The Design Professional shall render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents; review and recommend any action to be taken regarding CM/Contractor's required submittals; and evaluateCalifornia Building Code, with the University’s Representativelaws and regulations of all governmental authorities with jurisdiction, the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents and recommend either approval or rejection of substitutions as being equal in quality, utility, and appearance. Such services shall be performed in accordance with the all requirements of the Project Schedule (and all proposed revisions and updates thereto). The Design Professional shall perform all Construction Phase services in a timely manner, as required by the Project Schedule (and all revisions and updates thereto), this Agreement and pursuant to the Contract DocumentsFinal Plans, and at Seller’s sole cost. Design Professional Any deviation from equipment specified in the Final Plans shall employ be subject to the approval of Buyer, not to be unreasonably withheld, conditioned or delayed, Buyer agreeing that it shall not withhold such consent if such proposed substitution is of equivalent quality and assign adequate professional staff and subconsultants to utility as the original specified in the Final Plans. Upon completion of construction of the PV System, Seller shall be responsible for verifying PV System performance on an ongoing basis. (e) Minimum Standards: Seller shall ensure that minimum design standards are followed, including: (i) All power generation and distribution equipment shall be UL listed for its interpretationsuse (ii) Generating Facility must meet all regulatory and environmental requirements including but not necessarily limited to PG&E, decisionsCEC, reviewsCSI, or other functions pursuant to this Agreement do not cause or contribute to a disruption CPUC, Fire ▇▇▇▇▇▇▇▇, UL, and UBC. In addition, Seller shall comply with all mitigation measures adopted as conditions of construction or a delay in completion approval, if any, of the Project. 2.6.4 Design Professional shall's CEQA approval. Requirements of Material Fasteners and hardware throughout system shall be stainless steel or material of equivalent corrosion resistance Racking components shall be anodized aluminum, at no cost to University, satisfactorily correct any and all errors, omissions, deficiencieshot dipped galvanized steel, or conflicts in the Construction Documents prepared by Design Professional or Design Professional’s consultants promptly upon discovery or notice. The obligations material of Design Professional to correct defective or nonconforming Work equivalent corrosion resistance Unprotected steel shall not to be used in any way limit any other obligations components Seller shall obtain from a California licensed engineer electrical certification stamp verifying the integrity and code compliance of Design Professional.the Generating Facilities, including the Interconnection Facilities