Common use of ADMINISTRATION OF THE CONSTRUCTION CONTRACT Clause in Contracts

ADMINISTRATION OF THE CONSTRUCTION CONTRACT. A2.06-1 The Construction Phase will begin with the award of the construction contract and will end when the Consultant has provided to the City all post construction documents, including Contractor As-Built drawings, the Consultant's record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of Occupancy have been delivered to the City and the City approves the final payment to the Consultant. During this period, the Consultant shall provide administration of the construction contract as provided by this Agreement, and as provided by law. A2.06-2 The Consultant, as the representative of the City during the Construction Phase, shall advise and consult with the City and shall have the authority to act on behalf of the City to the extent provided in the General Conditions and the Supplementary Conditions of the construction contract and their Agreement with the City. A2.06-3 The Consultant and respective Sub-consultants shall visit the site to conduct field observations, at a minimum on a weekly basis, and at all key construction events; to ascertain the progress of the Project and shall visit the site as appropriate to conduct field inspections to ascertain the progress of the Project and determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Consultant shall provide any site visits necessary for certification if required by the authorities having jurisdiction. Threshold inspection shall be provided by the Consultant at no additional cost to the City. The Consultant shall report on the progress the Work, including any defects and deficiencies that may be observed in the Work. The Consultant and/or Sub-consultants will not be required to make extensive inspections or provide continuous daily on-site inspections to check the quality or quantity of the Work unless otherwise set forth in this Agreement. The Consultant will be responsible for writing minutes of all meetings and field inspections report it is asked to attend, as well as the distribution of the minutes. The Consultant and Sub-consultants will not be held responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. The Consultant and his/her Sub-consultants will not be held responsible for the Contractor's or subcontractors', or any of their agents' or employees' failure to perform the work in accordance with the contract unless such failure of performance results from the Consultant's acts or omissions. A2.06-4 The Consultant shall furnish the City with a written report of all observations of the Work made by the Consultant and require all Sub-consultants to do same during each visit to the Project. The Consultant shall also note the general status and progress of the Work, on forms furnished by the City, and shall submit them in a timely manner. The Consultant and the Sub-consultants shall ascertain that the Work is acceptable to the City. The Consultant shall assist the City in ensuring that the Contractor is making timely, accurate, and complete notations on the "as-built" drawings. Copies of the field reports shall be attached to the monthly Professional Services payment request for construction administration services. The Consultant's failure to provide written reports of all site visits or minutes of meeting shall result in the rejection of payment requests and may result in a proportional reduction in Construction Administration fees paid to the Consultant. A2.06-5 Based on observations at the site and consultation with the City, the Consultant shall determine the amount due the Contractor based on the pay for performance milestones and shall recommend approval of such amount as appropriate. This recommendation shall constitute a representation by the Consultant to the City that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that, the quality of the Work is in accordance with the contract and the Contractor is entitled to amount stated on the requisition subject to; A detailed evaluation of the Work for conformance with the contract upon substantial completion; The results of any subsequent tests required by the contract; Minor deviations from the contract correctable prior to completion; Any specific qualifications stated in the payment certificate and further that the Contractor is entitled to payment in the amount agreed upon at a requisition site meeting or as stated on the requisition. Prior to recommending payment to the Contractor, the Consultant will prepare a written statement to the City on the status of the Work relative to the Construction Schedule, which shall be attached to the Contractor's Requisition. Such statement shall be prepared immediately following the requisition field meeting and shall not be cause for delay in timely payment to the Contractor. By recommending approval of a Payment Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used money paid on account of the Construction Contract Sum. A2.06-6 The Consultant shall be the interpreter of the requirements of the Contract Documents and the judge of the performance there under. The Consultant shall render interpretations necessary for the proper execution or progress of the Work upon written request of either the City or the Contractor, and shall render written decisions, within maximum of ten (10) calendar days, on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from, the Contract Documents and shall be in written or graphic form. A2.06-7 The Consultant shall have the authority to recommend rejection of Work, which does not conform to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers it necessary or advisable to insure compliance with the Contract Documents, the Consultant will have the authority to recommend special inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has been fabricated and/or delivered to the Project, or installed and completed. A2.06-8 The Consultant shall promptly review and approve, reject or take action on shop drawings, samples, RFIs and other submissions of the Contractor. Changes or substitutions to the Contract Documents shall not be authorized without concurrence of the City's Project Manager and/or Director of Capital Improvements. The Consultant shall have a maximum of ten (10) calendar days from receipt of shop drawings, samples, RFI’s or other submittals by the Contractor, to return the shop drawings or submittals to the Contractor with comments indicating either approval or disapproval. The Consultant shall provide the Contractor with a detailed written explanation as to the basis for rejection. Consultant shall have five (5) calendar days to review contractor payment applications to ensure the City complies with Florida Statute §218.70. A2.06-9 The Consultant shall initiate and prepare required documentation for changes as required by the Consultants own observations or as requested by the City, and shall review and recommend action on proposed changes. Where the Contractor submits a request for Change Order or Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit to the City, his/her recommendation or proposed action along with an analysis and/or study supporting such recommendation. A2.06-10 The Consultant shall examine the Work upon receipt of the Contractor's request for substantial completion inspection of the Project and shall, prior to occupancy by the City, recommend execution of a "Certificate of Acceptance for Substantial Completion after first ascertaining that the Project is substantially complete in accordance with the contract requirements. The Consultant shall in conjunction with representatives of the City and the Contractor prepare a punch list of any defects and discrepancies in the Work required to be corrected by the Contractor in accordance with Section 218.735, Florida Statutes. Upon satisfactory completion of the punch list the Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to the Contractor. The Consultant shall obtain from the Contractor upon satisfactory completion of all items on the punch list all necessary closeout documentation from the Contractor, including but not limited to all guarantees, operating and maintenance manuals for equipment, releases of liens/claims and such other documents and certificates as may be required by applicable codes, law, and the contract, and deliver them to the City before final acceptance shall be issued to the Contractor. A2.06-11 The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance with the its contract relative to 1) initial instruction of City's personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems and 3) final clean-up of the Project to assure a smooth transition from construction to occupancy by the City. A2.06-12 The Consultant shall furnish to the City the original documents, including drawings, revised to “as-built" conditions based on information furnished by the Contractor; survey, and specific condition. In preparing the "as-built" documents the Consultant shall rely on the accuracy of the information provided by the Contractor, including the Contractor's record drawings. Any certifications required under this Agreement including the contents of “as-built” documents are conditioned upon the accuracy of the information and documents provided by the construction contractor. Transfer of changes made by “Change Authorization”, “Change Order”, “Request for Information”, substitution approvals, or other clarifications will be the Consultant's responsibility to incorporate into the "as-built" and record documents. Changes made in the field to suit field conditions, or otherwise made by the Contractor for its convenience shall be marked by the Contractor on the "Field Record Set" and transferred to the original contract documents by the Consultant. The original documents as well as the "Field Record Set" shall become the property of the City. A reproducible set of all other final documents will be furnished to the City free of charge by the Consultant. A2.06-13 The Consultant shall review the Contractor’s “as built” drawings and submit them to the City upon approval by the Consultant. The Contractor is responsible for preparing the “as built” drawings. A2.06-14 The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting "as-built" conditions with graphic scale and north arrow. Plans must show room names, room numbers, overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of drawings shall be furnished on 24" x 36" sheets and one electronic copy. A2.06-15 The Consultant shall assist the City in the completion of the Contractor's performance evaluation during construction work and upon final completion of the Project.

ADMINISTRATION OF THE CONSTRUCTION CONTRACT. A2.06-1 The Construction Phase will begin with the award issuance of the construction contract Notice to Proceed and will end when the Consultant has provided to the City all post construction documents, including Contractor As-Built drawings, the Consultant's record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of Occupancy have been delivered to the City and the City approves the final payment to the Consultant. During this period, the Consultant shall provide administration of the construction contract as provided by this Agreement, and as provided by law. A2.06-2 The Consultant, as the representative of the City during the Construction Phase, shall advise and consult with the City and shall have the authority to act on behalf of the City to the extent provided in the General Conditions and the Supplementary Conditions of the construction contract and their Agreement with the City. A2.06-3 The Consultant and respective Sub-consultants shall visit the site to conduct field observations, at a minimum on a weekly basis, and at all key construction events; events to ascertain the progress of the Project Project, and shall visit the site as appropriate to conduct field inspections to ascertain the progress of the Project and determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Consultant shall provide any site visits necessary for certification if required by the authorities having jurisdiction. Threshold inspection shall be provided by the Consultant at no additional cost to the City. The Consultant shall report on the progress the Work, including any defects and deficiencies that may be observed in the Work. The Consultant and/or Sub-consultants will not be required to make extensive inspections or provide continuous daily on-site inspections to check the quality or quantity of the Work unless otherwise set forth in this Agreement. The Consultant will be responsible for writing and distributing minutes of all meetings and field inspections report it is asked to attend, as well as the distribution of the minutes. The Consultant and Sub-consultants will not be held responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. The Consultant and his/her Sub-consultants will not be held responsible for the Contractor's or subcontractorssub-contractors', or any of their agents' or employees' failure to perform the work in accordance with the contract unless such failure of performance results from the Consultant's acts or omissions. A2.06-4 The Consultant shall furnish the City with a written report of all observations of the Work made by the Consultant and require all Sub-consultants to do same during each visit to the Project. The Consultant shall also note the general status and progress of the Work, Work on forms furnished by the City, and . The Consultant shall submit them the reports in a timely manner. The Consultant and the Sub-consultants Consultant shall ascertain that the Work is acceptable to the City. The Consultant shall assist the City in ensuring that the Contractor is making timely, accurate, and complete notations on the "as-built" drawings. Copies of the field reports shall be attached to the monthly Professional Services payment request for construction administration services. The Consultant's failure to provide written reports of all site visits or minutes of meeting shall result in the rejection of payment requests and may result in a proportional reduction in Construction Administration fees paid to the Consultant. A2.06-5 Based on observations at the site and consultation with the City, the Consultant shall determine the amount due to the Contractor based on the pay for performance milestones and shall recommend approval of such amount as appropriate. This recommendation shall constitute a representation by the Consultant to the City that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that, the quality of the Work is in accordance with the contract and the Contractor is entitled to amount stated on the requisition subject to; A : a detailed evaluation of the Work for conformance with the contract upon substantial completion; The results of any subsequent tests required by the contract; Minor deviations from the contract correctable prior to completion; Any specific qualifications stated in the payment certificate and further that the Contractor is entitled to payment in the amount agreed upon at a requisition site meeting or as stated on the requisition. Prior to recommending payment to the Contractor, the Consultant will prepare a written statement to the City on the status of the Work relative to the Construction Schedule, which shall be attached to the Contractor's Requisition. Such statement shall be prepared immediately following the requisition field meeting and shall not be cause for delay in timely payment to the Contractor. By recommending approval of a Payment Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used money paid on account of the Construction Contract Sum. A2.06-6 The Consultant shall be the interpreter of the requirements of the Contract Documents and the judge of the performance there underthereunder. The Consultant shall render interpretations necessary for the proper execution or progress of the Work upon written request of either the City or the Contractor, and shall render written decisions, within maximum of ten (10) calendar days, on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from, the Contract Documents and shall be in written or graphic form. A2.06-7 The Consultant shall have the authority to recommend rejection of Work, Work which does not conform to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers it necessary or advisable to insure compliance with the Contract Documents, the Consultant will have the authority to recommend special inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has been fabricated and/or delivered to the Project, or installed and completed. A2.06-8 The Consultant shall promptly review and approve, reject or take action on shop drawings, samples, RFIs and other submissions of the Contractor. Changes or substitutions to the Contract Documents construction documents shall not be authorized without concurrence of the City's Project Manager and/or Director of Capital Improvements. The Consultant shall have a maximum of ten (10) calendar days from receipt of shop drawings, samples, RFI’s or other submittals by the Contractor, to return the shop drawings or submittals to the Contractor with comments indicating either approval or disapproval. The Consultant shall provide the Contractor with a detailed written explanation as to the basis for rejection. Consultant shall have five (5) calendar days to review contractor payment applications to ensure the City complies with Florida Statute §218.70. A2.06-9 The Consultant shall initiate and prepare required documentation for changes as required by the Consultants Consultant’s own observations or as requested by the City, and shall review and recommend action on proposed changes. Where the Contractor submits a request for Change Order or Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit to the City, his/her recommendation or proposed action along with an analysis and/or study supporting such recommendation. A2.06-10 The Consultant shall examine the Work upon receipt of the Contractor's request for substantial completion inspection of the Project and shall, prior to occupancy by the City, recommend execution of a "Certificate of Acceptance for Substantial Completion Completion” after first ascertaining that the Project is substantially complete in accordance with the contract requirements. The Consultant shall in conjunction with representatives of the City and the Contractor prepare a punch punch-list of any defects and discrepancies in the Work required to be corrected by the Contractor in accordance with Section Florida Statute 218.735, Florida Statutes. Upon satisfactory completion of the punch punch-list the Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to the Contractor. The Consultant shall obtain from the Contractor upon satisfactory completion of all items on the punch list punch-list, all necessary closeout close-out documentation from the Contractor, Contractor including but not limited to all guarantees, operating and maintenance manuals for equipment, releases of liens/claims and such other documents and certificates as may be required by applicable codes, law, and the contract, and deliver them to the City before final acceptance shall be issued to the Contractor. A2.06-11 The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance with the its contract relative to 1) initial instruction of City's personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems and 3) final clean-up of the Project to assure a smooth transition from construction to occupancy by the City. A2.06-12 The Consultant shall review the Contractor’s “as built” drawings and submit them to the City upon approval by the Consultant. The Contractor is responsible for preparing the “as built” drawings. A2.06-13 The Consultant shall furnish to the City the original documents, including drawings, revised to “as-built" conditions based on information furnished by the Contractor; survey, and specific condition. In preparing the "as-built“Record Set" documents the Consultant shall rely on the accuracy of the information provided by the Contractor, including the Contractor's record drawings. Any certifications certification required under this Agreement including the contents of “as-built” documents are is conditioned upon the accuracy of the information and documents provided by the construction contractor. Transfer of changes made by “Change Authorization”, “Change Order”, “Request for Information”, substitution approvals, or other clarifications will be the Consultant's responsibility to incorporate into the "as-builtRecord Set" and record documents. Changes made in the field to suit field conditions, or otherwise made by the Contractor for its convenience convenience, shall be marked by the Contractor on the "Field Record Set" and transferred to the original contract documents by the Consultant. The original documents documents, as well as the "Field Record Set" shall become the property of the City. A reproducible set of all other final documents will be furnished to the City free of charge by the Consultant. A2.06-13 . The Consultant shall review the Contractor’s “as built” drawings and submit them furnish to the City upon approval by one complete set of "Record Set Drawings", in Auto CADD Version 2000 or such other format acceptable to the Consultant. The Contractor is responsible for preparing the “as built” drawingsCity. A2.06-14 The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting "as-built" conditions with graphic scale and north arrow. Plans must show room names, room numbers, overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of drawings shall be furnished on 24" x 36" sheets and one electronic copy. A2.06-15 The Consultant shall assist the City in the completion of the Contractor's performance evaluation during construction work and upon final completion of the ProjectProject amount.

ADMINISTRATION OF THE CONSTRUCTION CONTRACT. A2.06-1 The Construction Phase will begin with the award of the construction contract and will end when the Consultant has provided to the City all post construction documents, including Contractor As-Built drawings, the Consultant's record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of Occupancy have been delivered to the City and the City approves the final payment to the Consultant. During this period, the Consultant shall provide administration of the construction contract as provided by this Agreement, and as provided by law. A2.06-2 The Consultant, as the representative of the City during the Construction Phase, shall advise and consult with the City and shall have the authority to act on behalf of the City to the extent provided in the General Conditions and the Supplementary Conditions of the construction contract and their Agreement with the City. A2.06-3 The Consultant and respective Sub-consultants Subconsultants shall visit the site to conduct field observations, at a minimum on a weekly basis, and at all key construction events; to ascertain the progress of the Project and shall visit the site as appropriate to conduct field inspections to ascertain the progress of the Project and determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Consultant shall provide any site visits necessary for certification if required by the authorities having jurisdiction. Threshold inspection shall be provided by the Consultant at no additional cost to the City. The Consultant shall report on the progress of the Work, including any defects and deficiencies that may be observed in the Work. The Consultant and/or Sub-consultants Subconsultants will not be required to make extensive inspections or provide continuous daily on-site inspections to check the quality or quantity of the Work unless otherwise set forth in this Agreement. The Consultant will be responsible for writing minutes of all meetings and field inspections report inspection reports it is asked to attend, as well as the distribution of the minutes. The Consultant and Sub-consultants Subconsultants will not be held responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. The Consultant and his/her Sub-consultants their Subconsultants will not be held responsible for the Contractor's or subcontractorsSubcontractors', or any of their agents' or employees' failure to perform the work Work in accordance with the contract unless such failure of performance results from the Consultant's acts or omissions. A2.06-4 The Consultant shall furnish the City with a written report of all observations of the Work made by the Consultant and require all Sub-consultants Subconsultants to do same during each visit to the Project. The Consultant shall also note the general status and progress of the Work, on forms furnished by the City, and shall submit them in a timely manner. The Consultant and the Sub-consultants Subconsultants shall ascertain that the Work is acceptable to the City. The Consultant shall assist the City in ensuring that the Contractor is making timely, accurate, and complete notations on the "as-built" drawings. Copies of the field reports shall be attached to the monthly Professional Services payment request for construction administration services. The Consultant's failure to provide written reports of all site visits or minutes of meeting meetings shall result in the rejection of payment requests and may result in a proportional reduction in Construction Administration construction administration fees paid to the Consultant. A2.06-5 Based on observations at the site and consultation with the City, the Consultant shall determine the amount due the Contractor based on the pay for performance milestones and shall recommend approval of such amount as appropriate. This recommendation shall constitute a representation by the Consultant to the City that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that, the quality of the Work is in accordance with the contract and the Contractor is entitled to amount stated on the requisition subject to; A detailed evaluation of the Work for conformance with the contract upon substantial completion; The results of any subsequent tests required by the contract; Minor deviations from the contract correctable prior to completion; Any specific qualifications stated in the payment certificate and further that the Contractor is entitled to payment in the amount agreed upon at a requisition site meeting or as stated on the requisition. Prior to recommending payment to the Contractor, the Consultant will prepare a written statement to the City on the status of the Work relative to the Construction Schedule, which shall be attached to the Contractor's Requisitionrequisition. Such statement shall be prepared immediately following the requisition field meeting and shall not be cause for delay in timely payment to the Contractor. By recommending approval of a Payment Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used money paid on account of the Construction Contract Sum. A2.06-6 The Consultant shall be the interpreter of the requirements of the Contract Documents and the judge of the performance there under. The Consultant shall render interpretations necessary for the proper execution or progress of the Work upon written request of either the City or the Contractor, and shall render written decisions, within maximum of ten (10) calendar days, on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from, the Contract Documents and shall be in written or graphic form. A2.06-7 The Consultant shall have the authority to recommend rejection of Work, which does not conform to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers it necessary or advisable to insure compliance with the Contract Documents, the Consultant will have the authority to recommend special inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has been fabricated and/or delivered to the Project, or installed and completed. A2.06-8 The Consultant shall promptly review and approve, reject or take action on shop drawings, samples, RFIs and other submissions of the Contractor. Changes or substitutions to the Contract Documents shall not be authorized without concurrence of the City's Project Manager and/or Director of Capital Improvements. The Consultant shall have a maximum of ten (10) calendar days from receipt of shop drawings, samples, RFI’s or other submittals by the Contractor, to return the shop drawings or submittals to the Contractor with comments indicating either approval or disapproval. The Consultant shall provide the Contractor with a detailed written explanation as to the basis for rejection. Consultant shall have five (5) calendar days to review contractor payment applications to ensure the City complies with Florida Statute §218.70. A2.06-9 The Consultant shall initiate and prepare required documentation for changes as required by the Consultants own observations or as requested by the City, and shall review and recommend action on proposed changes. Where the Contractor submits a request for Change Order or Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit to the City, his/her recommendation or proposed action along with an analysis and/or study supporting such recommendation. A2.06-10 The Consultant shall examine the Work upon receipt of the Contractor's request for substantial completion inspection of the Project and shall, prior to occupancy by the City, recommend execution of a "Certificate of Acceptance for Substantial Completion Completion” after first ascertaining that the Project is substantially complete in accordance with the contract requirements. The Consultant shall in conjunction with representatives of the City and the Contractor prepare a punch list of any defects and discrepancies in the Work required to be corrected by the Contractor in accordance with Section 218.735, Florida Statutes. Upon satisfactory completion of the punch list the Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to the Contractor. The Consultant shall obtain from the Contractor upon satisfactory completion of all items on the punch list all necessary closeout documentation from the Contractor, including but not limited to all guarantees, operating and maintenance manuals for equipment, releases of liens/claims and such other documents and certificates as may be required by applicable codes, law, and the contract, and deliver them to the City before final acceptance shall be issued to the Contractor. A2.06-11 The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance with the its contract relative to 1) initial instruction of City's personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems and 3) final clean-up of the Project to assure a smooth transition from construction to occupancy by the City. A2.06-12 The Consultant shall furnish to the City the original documents, including drawings, revised to “as-built" conditions based on information furnished by the Contractor; survey, and specific condition. In preparing the "as-built" documents the Consultant shall rely on the accuracy of the information provided by the Contractor, including the Contractor's record drawings. Any certifications required under this Agreement including the contents of “as-built” documents are conditioned upon the accuracy of the information and documents provided by the construction contractor. Transfer of changes made by “Change Authorization”, ,” “Change Order”, ,” “Request for Information”, ,” substitution approvals, or other clarifications will be the Consultant's responsibility to incorporate into the "as-built" and record documents. Changes made in the field to suit field conditions, or otherwise made by the Contractor for its convenience shall be marked by the Contractor on the "Field Record Set" and transferred to the original contract documents by the Consultant. The original documents as well as the "Field Record Set" shall become the property of the City. A reproducible set of all other final documents will be furnished to the City free of charge by the Consultant. A2.06-13 The Consultant shall review the Contractor’s “as built” drawings and submit them to the City upon approval by the Consultant. The Contractor is responsible for preparing the “as built” drawings. A2.06-14 The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting "as-built" conditions with graphic scale and north arrow. Plans must show room names, room numbers, overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of drawings shall be furnished on 24" x 36" sheets and one electronic copy. A2.06-15 The Consultant shall assist the City in the completion of the Contractor's performance evaluation during construction work and upon final completion of the Project.

ADMINISTRATION OF THE CONSTRUCTION CONTRACT. A2.06-1 The Construction Phase will begin with the award issuance of the construction contract NTP to the chosen Contractor and will end when the Consultant has provided to the City all post construction documents, including Contractor As-Built drawings, the Consultant's record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of Occupancy have been delivered to the City and the City approves the final payment to the Consultant. During this period, the Consultant shall provide administration of the construction contract as provided by this Agreement, and as provided by law. A2.06-2 The Consultant, as the representative of the City during the Construction Phase, shall advise and consult with the City and shall have the authority to act on behalf of the City to the extent provided in the General Conditions and the Supplementary Conditions of the construction contract and their Agreement with the City. A2.06-3 The Consultant and respective Sub-Sub consultants shall visit the site to conduct field observations, at a minimum on a weekly basis, and at all key construction events; events to ascertain the progress of the Project Project, and shall visit the site as appropriate to conduct field inspections to ascertain the progress of the Project and determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Consultant shall provide any site visits necessary for certification if required by the authorities having jurisdiction. Threshold inspection shall be provided by the Consultant at no additional cost to the City. The Consultant shall report on the progress of the Work, including any defects and deficiencies that may be observed in the Work. The Consultant and/or Sub-Sub consultants will not be required to make extensive inspections or provide continuous daily on-site inspections to check the quality or quantity of the Work unless otherwise set forth in this Agreement. The Consultant will be responsible for writing and distributing minutes of all meetings and field inspections report inspection reports from all meetings it is asked to attend, as well as the distribution of the minutes. The Consultant and Sub-Sub consultants will not be held responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. The Consultant and his/her Sub-consultants will not be held responsible for the Contractor's or subcontractorsSubcontractors', or any of their agents' or employees' failure to perform the work in accordance with the contract unless such failure of performance results from the Consultant's acts or omissions. A2.06-4 The Consultant shall furnish the City with a written report of all observations of the Work made by the Consultant and require all Sub-Sub consultants to do same during each visit to the Project. The Consultant shall also note the general status and progress of the Work, Work on forms furnished by the City, and . The Consultant shall submit them the reports in a timely manner. The Consultant and the Sub-Sub consultants shall ascertain that the Work is acceptable to the City. The Consultant shall assist the City in ensuring that the Contractor is making timely, accurate, and complete notations on the "as-built" drawings. Copies of the field reports shall be attached to the monthly Professional Services payment request for construction administration services. The Consultant's failure to provide written reports of all site visits or minutes of meeting shall result in the rejection of payment requests and may result in a proportional reduction in Construction Administration fees paid to the Consultant. A2.06-5 Based on observations at the site and consultation with the City, the Consultant shall determine the amount due to the Contractor based on the pay for performance milestones and shall recommend approval of such amount amounts as appropriate. This recommendation shall constitute a representation by the Consultant to the City that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that, the quality of the Work is in accordance with the contract and the Contractor is entitled to the amount stated on the requisition subject to; A : a detailed evaluation of the Work for conformance with the contract upon substantial completion; The the results of any subsequent tests required by the contract; Minor minor deviations from the contract correctable prior to completion; Any and any specific qualifications stated in the payment certificate and further that the Contractor is entitled to payment in the amount agreed upon at a requisition site meeting or as stated on the requisition. Prior to recommending payment to the Contractor, the Consultant will prepare a written statement to the City on the status of the Work relative to the Construction Schedule, which shall be attached to the Contractor's Requisition. Such statement shall be prepared immediately following the requisition field meeting and shall not be cause for delay in timely payment to the Contractor. By recommending approval of a Payment Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used money paid on account of the Construction Contract Sum. A2.06-6 The Consultant shall be the interpreter of the requirements of the Contract Documents and the judge of the performance there underthereunder. The Consultant shall render interpretations necessary for the proper execution or progress of the Work upon written request of either the City or the Contractor, and shall render written decisions, within a maximum of ten (10) calendar days, on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from, the Contract Documents and shall be in written or graphic form. A2.06-7 The Consultant shall have the authority to recommend rejection of Work, Work which does not conform to the Contract Documents. Whenever, in his/her their reasonable opinion, the Consultant considers it necessary or advisable to insure compliance with the Contract Documents, the Consultant will have the authority to recommend special inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has been fabricated and/or delivered to the Project, or installed and completed. A2.06-8 The Consultant shall promptly review and approve, reject or take action on shop drawings, samples, RFIs and other submissions of the Contractor. Changes or substitutions to the Contract Documents construction documents shall not be authorized without concurrence of the City's Project Manager and/or Director of Capital ImprovementsDREAM. The Consultant shall have a maximum of ten (10) calendar days from receipt of shop drawings, samples, RFI’s or other submittals by the Contractor, to return the shop drawings or submittals to the Contractor with comments indicating either approval or disapproval. The Consultant shall provide the Contractor with a detailed written explanation as to the basis for rejection. Consultant shall have five (5) calendar days to review contractor payment applications to ensure the City complies with Florida Statute §Section 218.70. A2.06-9 The Consultant shall initiate and prepare required documentation for changes as required by the Consultants Consultant’s own observations or as requested by the City, and shall review and recommend action on proposed changes. Where the Contractor submits a request for Change Order or Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit to the City, his/her their recommendation or proposed action along with an analysis and/or study supporting such recommendation. A2.06-10 The Consultant shall examine the Work upon receipt of the Contractor's request for substantial completion inspection of the Project and shall, prior to occupancy by the City, recommend execution of a "Certificate of Acceptance for Substantial Completion Completion” after first ascertaining that the Project is substantially complete in accordance with the contract requirements. The Consultant shall shall, in conjunction with representatives of the City and the Contractor Contractor, prepare a punch punch-list of any defects and discrepancies in the Work required to be corrected by the Contractor in accordance with Section Florida Statute 218.735, Florida Statutes. Upon satisfactory completion of the punch list punch-list, the Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to the Contractor. The Consultant shall obtain from the Contractor Contractor, upon satisfactory completion of all items on the punch list punch-list, all necessary closeout close-out documentation from the Contractor, Contractor including but not limited to all guarantees, warranties, operating and maintenance manuals for equipment, releases of liens/claims and such other documents and certificates as may be required by applicable codes, lawlaws, and the contract, and deliver them to the City before final acceptance shall be issued to the Contractor. A2.06-11 The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance with the its contract relative to to: 1) initial instruction of City's personnel in the operation and maintenance of any equipment or system, ; 2) initial start-up and testing, adjusting and balancing of equipment and systems systems; and 3) final clean-up of the Project to assure a smooth transition from construction to occupancy by the City. A2.06-12 The Consultant shall furnish to the City the original documents, including drawings, revised to “as-built" conditions based on information furnished by the Contractor; survey, and specific condition. In preparing the "as-built" documents the Consultant shall rely on the accuracy of the information provided by the Contractor, including the Contractor's record drawings. Any certifications required under this Agreement including the contents of “as-built” documents are conditioned upon the accuracy of the information and documents provided by the construction contractor. Transfer of changes made by “Change Authorization”, “Change Order”, “Request for Information”, substitution approvals, or other clarifications will be the Consultant's responsibility to incorporate into the "as-built" and record documents. Changes made in the field to suit field conditions, or otherwise made by the Contractor for its convenience shall be marked by the Contractor on the "Field Record Set" and transferred to the original contract documents by the Consultant. The original documents as well as the "Field Record Set" shall become the property of the City. A reproducible set of all other final documents will be furnished to the City free of charge by the Consultant. A2.06-13 The Consultant shall review the Contractor’s “as built” drawings and submit them to the City upon approval by the Consultant. The Contractor is responsible for preparing the “as built” drawings. A2.06-13 The Consultant shall furnish to the City the original documents, including drawings, revised to “as-built" conditions based on information furnished by the Contractor; survey, and specific conditions. In preparing the “Record Set" documents, the Consultant shall rely on the accuracy of the information provided by the Contractor, including the Contractor's record drawings. Any certification required under this Agreement including the contents of “as-built” documents is conditioned upon the accuracy of the information and documents provided by the construction contractor. Transfer of changes made by “Change Authorization,” “Change Order,” “Request for Information,” substitution approvals, or other clarifications will be the Consultant's responsibility to incorporate into the "Record Set" and record documents. Changes made in the field to suit field conditions, or otherwise made by the Contractor for its convenience, shall be marked by the Contractor on the "Field Record Set" and transferred to the original contract documents by the Consultant. The original documents, as well as the "Record Set" shall become the property of the City. A reproducible set of all other final documents will be furnished to the City free of charge by the Consultant. The Consultant shall furnish to the City one complete set of "Record Set Drawings", in Auto CADD (computer-aided design and drafting) Version 2000 or such other format acceptable to the City. A2.06-14 The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting "as-built" conditions with graphic scale and north arrow. Plans must show room names, room numbers, overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of drawings shall be furnished on 24" x 36" sheets and one electronic copy. A2.06-15 The Consultant shall assist the City in the completion of the Contractor's performance evaluation during construction work and upon final completion of the Project.

ADMINISTRATION OF THE CONSTRUCTION CONTRACT. A2.06-1 The Construction Phase will begin with the award issuance of the construction contract NTP to the chosen Contractor and will end when the Consultant has provided to the City all post construction documents, including Contractor As-Built drawings, the Consultant's record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of Occupancy have been delivered to the City and the City approves the final payment to the Consultant. During this period, the Consultant shall provide administration of the construction contract as provided by this Agreement, and as provided by law. A2.06-2 The Consultant, as the representative of the City during the Construction Phase, shall advise and consult with the City and shall have the authority to act on behalf of the City to the extent provided in the General Conditions and the Supplementary Conditions of the construction contract and their Agreement with the City. A2.06-3 The Consultant and respective Sub-Sub consultants shall visit the site to conduct field observations, at a minimum on a weekly basis, and at all key construction events; events to ascertain the progress of the Project Project, and shall visit the site as appropriate to conduct field inspections to ascertain the progress of the Project and determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Consultant shall provide any site visits necessary for certification if required by the authorities having jurisdiction. Threshold inspection shall be provided by the Consultant at no additional cost to the City. The Consultant shall report on the progress of the Work, including any defects and deficiencies that may be observed in the Work. The Consultant and/or Sub-Sub consultants will not be required to make extensive inspections or provide continuous daily on-site inspections to check the quality or quantity of the Work unless otherwise set forth in this Agreement. The Consultant will be responsible for writing and distributing minutes of all meetings and field inspections report inspection reports from all meetings it is asked to attend, as well as the distribution of the minutes. The Consultant and Sub-Sub consultants will not be held responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. The Consultant and his/her Sub-consultants will not be held responsible for the Contractor's or subcontractorsSubcontractors', or any of their agents' or employees' failure to perform the work in accordance with the contract unless such failure of performance results from the Consultant's acts or omissions. A2.06-4 The Consultant shall furnish the City with a written report of all observations of the Work made by the Consultant and require all Sub-Sub consultants to do same during each visit to the Project. The Consultant shall also note the general status and progress of the Work, Work on forms furnished by the City, and . The Consultant shall submit them the reports in a timely manner. The Consultant and the Sub-Sub consultants shall ascertain that the Work is acceptable to the City. The Consultant shall assist the City in ensuring that the Contractor is making timely, accurate, and complete notations on the "as-built" drawings. Copies of the field reports shall be attached to the monthly Professional Services payment request for construction administration services. The Consultant's failure to provide written reports of all site visits or minutes of meeting shall result in the rejection of payment requests and may result in a proportional reduction in Construction Administration fees paid to the Consultant. A2.06-5 Based on observations at the site and consultation with the City, the Consultant shall determine the amount due to the Contractor based on the pay for performance milestones and shall recommend approval of such amount amounts as appropriate. This recommendation shall constitute a representation by the Consultant to the City that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that, the quality of the Work is in accordance with the contract and the Contractor is entitled to the amount stated on the requisition subject to; A : a detailed evaluation of the Work for conformance with the contract upon substantial completion; The the results of any subsequent tests required by the contract; Minor minor deviations from the contract correctable prior to completion; Any and any specific qualifications stated in the payment certificate and further that the Contractor is entitled to payment in the amount agreed upon at a requisition site meeting or as stated on the requisition. Prior to recommending payment to the Contractor, the Consultant will prepare a written statement to the City on the status of the Work relative to the Construction Schedule, which shall be attached to the Contractor's Requisition. Such statement shall be prepared immediately following the requisition field meeting and shall not be cause for delay in timely payment to the Contractor. By recommending approval of a Payment Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used money paid on account of the Construction Contract Sum. A2.06-6 The Consultant shall be the interpreter of the requirements of the Contract Documents and the judge of the performance there underthereunder. The Consultant shall render interpretations necessary for the proper execution or progress of the Work upon written request of either the City or the Contractor, and shall render written decisions, within a maximum of ten (10) calendar days, on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from, the Contract Documents and shall be in written or graphic form. A2.06-7 The Consultant shall have the authority to recommend rejection of Work, Work which does not conform to the Contract Documents. Whenever, in his/her their reasonable opinion, the Consultant considers it necessary or advisable to insure compliance with the Contract Documents, the Consultant will have the authority to recommend special inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has been fabricated and/or delivered to the Project, or installed and completed. A2.06-8 The Consultant shall promptly review and approve, reject or take action on shop drawings, samples, RFIs and other submissions of the Contractor. Changes or substitutions to the Contract Documents construction documents shall not be authorized without concurrence of the City's Project Manager and/or Director of Capital ImprovementsOCI. The Consultant shall have a maximum of ten (10) calendar days from receipt of shop drawings, samples, RFI’s or other submittals by the Contractor, to return the shop drawings or submittals to the Contractor with comments indicating either approval or disapproval. The Consultant shall provide the Contractor with a detailed written explanation as to the basis for rejection. Consultant shall have five (5) calendar days to review contractor payment applications to ensure the City complies with Florida Statute §Section 218.70. A2.06-9 The Consultant shall initiate and prepare required documentation for changes as required by the Consultants Consultant’s own observations or as requested by the City, and shall review and recommend action on proposed changes. Where the Contractor submits a request for Change Order or Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit to the City, his/her their recommendation or proposed action along with an analysis and/or study supporting such recommendation. A2.06-10 The Consultant shall examine the Work upon receipt of the Contractor's request for substantial completion inspection of the Project and shall, prior to occupancy by the City, recommend execution of a "Certificate of Acceptance for Substantial Completion Completion” after first ascertaining that the Project is substantially complete in accordance with the contract requirements. The Consultant shall shall, in conjunction with representatives of the City and the Contractor Contractor, prepare a punch punch-list of any defects and discrepancies in the Work required to be corrected by the Contractor in accordance with Section Florida Statute 218.735, Florida Statutes. Upon satisfactory completion of the punch list punch-list, the Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to the Contractor. The Consultant shall obtain from the Contractor Contractor, upon satisfactory completion of all items on the punch list punch-list, all necessary closeout close-out documentation from the Contractor, Contractor including but not limited to all guarantees, warranties, operating and maintenance manuals for equipment, releases of liens/claims and such other documents and certificates as may be required by applicable codes, lawlaws, and the contract, and deliver them to the City before final acceptance shall be issued to the Contractor. A2.06-11 The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance with the its contract relative to to: 1) initial instruction of City's personnel in the operation and maintenance of any equipment or system, ; 2) initial start-up and testing, adjusting and balancing of equipment and systems systems; and 3) final clean-up of the Project to assure a smooth transition from construction to occupancy by the City. A2.06-12 The Consultant shall furnish to the City the original documents, including drawings, revised to “as-built" conditions based on information furnished by the Contractor; survey, and specific condition. In preparing the "as-built" documents the Consultant shall rely on the accuracy of the information provided by the Contractor, including the Contractor's record drawings. Any certifications required under this Agreement including the contents of “as-built” documents are conditioned upon the accuracy of the information and documents provided by the construction contractor. Transfer of changes made by “Change Authorization”, “Change Order”, “Request for Information”, substitution approvals, or other clarifications will be the Consultant's responsibility to incorporate into the "as-built" and record documents. Changes made in the field to suit field conditions, or otherwise made by the Contractor for its convenience shall be marked by the Contractor on the "Field Record Set" and transferred to the original contract documents by the Consultant. The original documents as well as the "Field Record Set" shall become the property of the City. A reproducible set of all other final documents will be furnished to the City free of charge by the Consultant. A2.06-13 The Consultant shall review the Contractor’s “as built” drawings and submit them to the City upon approval by the Consultant. The Contractor is responsible for preparing the “as built” drawings. A2.06-13 The Consultant shall furnish to the City the original documents, including drawings, revised to “as-built" conditions based on information furnished by the Contractor; survey, and specific conditions. In preparing the “Record Set" documents, the Consultant shall rely on the accuracy of the information provided by the Contractor, including the Contractor's record drawings. Any certification required under this Agreement including the contents of “as-built” documents is conditioned upon the accuracy of the information and documents provided by the construction contractor. Transfer of changes made by “Change Authorization,” “Change Order,” “Request for Information,” substitution approvals, or other clarifications will be the Consultant's responsibility to incorporate into the "Record Set" and record documents. Changes made in the field to suit field conditions, or otherwise made by the Contractor for its convenience, shall be marked by the Contractor on the "Field Record Set" and transferred to the original contract documents by the Consultant. The original documents, as well as the "Record Set" shall become the property of the City. A reproducible set of all other final documents will be furnished to the City free of charge by the Consultant. The Consultant shall furnish to the City one complete set of "Record Set Drawings", in Auto CADD (computer-aided design and drafting) Version 2000 or such other format acceptable to the City. A2.06-14 The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting "as-built" conditions with graphic scale and north arrow. Plans must show room names, room numbers, overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of drawings shall be furnished on 24" x 36" sheets and one electronic copy. A2.06-15 The Consultant shall assist the City in the completion of the Contractor's performance evaluation during construction work and upon final completion of the Project.

ADMINISTRATION OF THE CONSTRUCTION CONTRACT. A2.06-1 10.3.1 The Construction Phase will begin with the award upon commencement of the construction contract and will end when the Consultant Design-Build Firm has provided to the City all post construction services, including documents, including Contractor As-Built drawings, the ConsultantDesign-Build Firm's record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of Occupancy have been delivered to the City and the City approves the final payment to the ConsultantDesign-Build Firm. During this period, the Consultant Design-Build Firm shall provide administration of the construction contract as provided by this AgreementContract, and as provided by law. A2.06-2 10.3.2 The Consultant, as the representative of the City during the Construction Phase, shall advise and consult with the City and shall have the authority to act on behalf of the City to the extent provided in the General Conditions and the Supplementary Conditions of the construction contract and their Agreement agreement with the City. A2.06-3 10.3.3 The Consultant and City or its, respective Sub-consultants representatives shall visit the site to conduct field observations, at a minimum on a weekly basis, and at all key construction events; to ascertain the progress of the Project and shall visit the site as appropriate to conduct field inspections to ascertain the progress of the Project and determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Consultant shall provide any site visits necessary for certification if required by the authorities having jurisdiction. Threshold inspection shall be provided by the Consultant Design-Build Firm at no additional cost to the City. The Consultant City or its representatives shall report on the progress the Work, including any defects and deficiencies that may be observed in the Work. The Consultant and/or Sub-consultants will not be required to make extensive inspections or provide continuous daily on-site inspections to check the quality or quantity of the Work unless otherwise set forth in this Agreement. The Consultant will be responsible for writing minutes of all meetings and field inspections report it is asked to attendreport, as well as the distribution of the minutes. The Consultant and Sub-consultants Subconsultants will not be held responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. The Consultant and his/her Sub-consultants will not be held responsible for the Contractor's or subcontractors', or any of their agents' or employees' failure to perform the work in accordance with the contract unless such failure of performance results from the Consultant's acts or omissions. A2.06-4 10.3.4 The Consultant Project Manager shall furnish the City with a written report of all observations of the Work made by the Consultant and require all Sub-consultants to do same during each visit to the ProjectDesign Build Firm. The Consultant shall also note the general status and progress of the Work, Work on forms furnished or approved by the City, and shall submit them in a timely manner. The Consultant and shall submit the Sub-consultants reports by weekly. The Project Manager shall ascertain that the Work is acceptable to the City. The Consultant Project Manager will determine if the Work is being performed in accordance with the scope of services. The Project Manager shall assist the City in ensuring that the Contractor Design-Build Firm is making timely, accurate, and complete notations on the "as-built" drawings. Copies of the field reports shall be attached to the submitted on a monthly Professional Services payment request for construction administration servicesbasis. The Consultant's Design – Build Firm’s failure to provide written reports of all site visits or minutes of meeting shall result in the rejection of payment requests by the Design-Build Firm and may result in a proportional reduction in Construction Administration fees paid to the ConsultantDesign-Build Firm. A2.06-5 10.3.5 Based on observations at the site and consultation with the City, the Consultant shall determine the amount due the Contractor Design-Build Firm based on the pay for performance milestones approved schedule of values and shall recommend approval of such amount as appropriate. This recommendation shall constitute a representation by the Consultant to the City that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that, the quality of the Work is in accordance with the contract Contract and the Contractor Design-Build Firm is entitled to amount stated on the requisition subject to; A : a detailed evaluation of the Work for conformance with the contract upon substantial completion; The the results of any subsequent tests required by the contract; Minor minor deviations from the contract correctable prior to completion; Any specific qualifications stated in the payment certificate and further that the Contractor Design-Build Firm is entitled to payment in the amount agreed upon at a requisition site meeting or as stated on the requisition. Prior to recommending payment to the ContractorDesign-Build Firm, the Consultant will prepare a written statement to the City on the status of the Work relative to the Construction Schedule, which shall be attached to the ContractorDesign-Build Firm's Requisitionpayment application. Such statement shall be prepared immediately following the requisition field meeting and shall not be cause for delay in timely payment to the Contractormeeting. By recommending approval of a Payment Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the Contractor Design-Build Firm has used money paid on account of the Construction Contract SumPrice. A2.06-6 10.3.6 The Consultant shall be the interpreter of the requirements of the Contract Documents and the judge of the performance there underthereunder. The Consultant shall render interpretations necessary for the proper execution or progress of the Work upon written request of either the City or the ContractorDesign-Build Firm, and shall render written decisions, within maximum of ten (10) calendar days, on all claims, disputes and other matters in question between the City and the Contractor Design-Build Firm relating to the execution or progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from, the Contract Documents and shall be in written or graphic form. A2.06-7 10.3.7 The Consultant shall have the authority to recommend rejection of Work, which does not conform to the Contract Documents. The Project Manager has the authority to reject Work where such Work does not comply with the project specifications. Whenever, in his/her reasonable opinion, the Consultant considers it necessary or advisable to insure compliance with the Contract Documents, the Consultant will have the authority to recommend special inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has been fabricated and/or delivered to the Project, or installed and completed. A2.06-8 10.3.8 The Consultant shall promptly review and approve, reject or take action on shop drawings, samples, RFIs and other submissions of the ContractorDesign-Build Firm. Changes or substitutions to the Contract Documents construction documents shall not be authorized without concurrence of the City's Project Manager and/or Director of Capital Improvements. The Consultant shall have a maximum of ten (10) calendar days from upon receipt of shop drawings, samples, RFI’s or other submittals by the ContractorDesign-Build Firm, to timely review and return the shop drawings or submittals to the Contractor Design-Build Firm with comments indicating either approval or disapproval, with a copy to the Project Manager. The Consultant shall provide the Contractor Design-Build Firm and the Project Manager with a detailed written explanation as to the basis for rejection. Consultant shall have five (5) calendar days to review contractor payment applications to ensure the City complies with Florida Statute §218.70. A2.06-9 10.3.9 The Consultant shall initiate and prepare required documentation for changes as required by the Consultants Consultant’s own observations or as requested by the City, and shall review and recommend action on proposed changes. Where the Contractor Design-Build Firm submits a request for Change Order or Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit to the City, his/her recommendation or proposed action along with an analysis and/or study supporting such recommendation. A2.06-10 10.3.10 The Consultant in conjunction with the City shall examine the Work upon receipt of the Contractor's Design-Build Firm’s request for substantial completion inspection of the Project and shall, prior to occupancy acceptance by the City, recommend execution of a "Certificate of Acceptance for Substantial Completion after first ascertaining that the Project is substantially complete in accordance with the contract requirements. The Consultant shall in conjunction with representatives of the City and the Contractor Design-Build Firm prepare a punch list of any defects and discrepancies in the Work required to be corrected by the Contractor Design-Build Firm in accordance with Section Florida Statute 218.735, Florida Statutes. Upon satisfactory completion of the punch list the Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to the ContractorDesign-Build Firm. The Consultant shall obtain from the Contractor upon Upon satisfactory completion of all items on the punch list all necessary closeout documentation from shall be submitted by the ContractorDesign-Build Firm, including but not limited to all guarantees, operating and maintenance manuals for equipment, releases of liens/claims and such other documents and certificates as may be required by applicable codes, law, and the contract, and deliver them to the City Contract before final acceptance shall be issued to the ContractorDesign-Build Firm. A2.06-11 10.3.11 The Consultant shall monitor review the Design-Build Firm’s “as built” drawings and provide assistance in obtaining submit them to the Contractor's compliance with the its contract relative to 1) initial instruction of City's personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems and 3) final clean-up of the Project to assure a smooth transition from construction to occupancy City upon approval by the CityConsultant. The Design-Build Firm is responsible for preparing the “as built” drawings. A2.0610.3.12 The Design-12 The Consultant Build Firm shall furnish to the City the original documents, including drawings, revised to “as-built" conditions based on information furnished by the Contractor; survey, and specific conditionconditions. In preparing the "as-builtRecord Set" documents the Consultant shall rely on the accuracy of the information provided by the Contractor, including the Contractor's record drawings. Any certifications any certification required under this Agreement Contract including the contents of “as-built” documents are is conditioned upon the accuracy of the information and documents provided by the construction contractor. Transfer of changes made by “Change Authorization”, “Change Order”, “Request for Information”, substitution approvals, or other clarifications will be the Consultant's responsibility to incorporate into the "asDesign-built" and record documents. Changes made in the field to suit field conditions, or otherwise made by the Contractor for its convenience shall be marked by the Contractor on the "Field Record Set" and transferred to the original contract documents by the ConsultantBuild Firm. The original documents as well as the "Field Record Set" shall become the property of the City. A reproducible set of all other final documents will be furnished to the City free of charge by the Consultant. A2.06Design-13 The Consultant shall review the Contractor’s “as built” drawings and submit them to the City upon approval by the ConsultantBuild Firm. The Contractor is responsible for preparing the “as built” drawings. A2.06Design-14 The Consultant Build Firm shall furnish to the City a simplified site plan and floor plan(s) reflecting one complete set of "as-built" conditions with graphic scale and north arrow. Plans must show room namesRecord Set Drawings", room numbers, overall dimensions, square footage of each floor and all fonts used in Auto CADD Version 2000 or such other format acceptable to the drawings. Two sets of drawings shall be furnished on 24" x 36" sheets and one electronic copyCity. A2.06-15 The Consultant shall assist the City in the completion of the Contractor's performance evaluation during construction work and upon final completion of the Project.

ADMINISTRATION OF THE CONSTRUCTION CONTRACT. A2.06-1 The Construction Phase will begin with the award issuance of the construction contract NTP to the chosen Contractor and will end when the Consultant has provided to the City all post construction documents, including Contractor As-Built drawings, the Consultant's record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of Occupancy have been delivered to the City and the City approves the final payment to the Consultant. During this period, the Consultant shall provide administration of the construction contract as provided by this Agreement, and as provided by law. A2.06-2 The Consultant, as the representative of the City during the Construction Phase, shall advise and consult with the City and shall have the authority to act on behalf of the City to the extent provided in the General Conditions and the Supplementary Conditions of the construction contract and their Agreement with the City. A2.06-3 The Consultant and respective Sub-consultants Subconsultants shall visit the site to conduct field observations, at a minimum on a weekly basis, and at all key construction events; events to ascertain the progress of the Project Project, and shall visit the site as appropriate to conduct field inspections to ascertain the progress of the Project and determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Consultant shall provide any site visits necessary for certification if required by the authorities having jurisdiction. Threshold inspection shall be provided by the Consultant at no additional cost to the City. The Consultant shall report on the progress the Work, including any defects and deficiencies that may be observed in the Work. The Consultant and/or Sub-consultants Subconsultants will not be required to make extensive inspections or provide continuous daily on-on- site inspections to check the quality or quantity of the Work unless otherwise set forth in this Agreement. The Consultant will be responsible for writing and distributing minutes of all meetings and field inspections report from all meetings it is asked to attend, as well as the distribution of the minutes. The Consultant and Sub-consultants Subconsultants will not be held responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. The Consultant and his/her Sub-consultants will not be held responsible for the Contractor's or subcontractorsSubcontractors', or any of their agents' or employees' failure to perform the work in accordance with the contract unless such failure of performance results from the Consultant's acts or omissions. A2.06-4 The Consultant shall furnish the City with a written report of all observations of the Work made by the Consultant and require all Sub-consultants Subconsultants to do same during each visit to the Project. The Consultant shall also note the general status and progress of the Work, Work on forms furnished by the City, and . The Consultant shall submit them the reports in a timely manner. The Consultant and the Sub-consultants Subconsultants shall ascertain that the Work is acceptable to the City. The Consultant shall assist the City in ensuring that the Contractor is making timely, accurate, and complete notations on the "as-as- built" drawings. Copies of the field reports shall be attached to the monthly Professional Services payment request for construction administration services. The Consultant's failure to provide written reports of all site visits or minutes of meeting meetings shall result in the rejection of payment requests and may result in a proportional reduction in Construction Administration fees paid to the Consultant. A2.06-5 Based on observations at the site and consultation with the City, the Consultant shall determine the amount due to the Contractor based on the pay for performance milestones and shall recommend approval of such amount amounts as appropriate. This recommendation shall constitute a representation by the Consultant to the City that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that, the quality of the Work is in accordance with the contract and the Contractor is entitled to the amount stated on the requisition subject to; : 1. A detailed evaluation of the Work for conformance with the contract upon substantial completion; ; 2. The results of any subsequent tests required by the contract; ; 3. Minor deviations from the contract correctable prior to completion; ; 4. Any specific qualifications stated in the payment certificate and further that the Contractor is entitled to payment in the amount agreed upon at a requisition site meeting or as stated on the requisition. Prior to recommending payment to the Contractor, the Consultant will prepare a written statement to the City on the status of the Work relative to the Construction Schedule, which shall be attached to the Contractor's Requisition. Such statement shall be prepared immediately following the requisition field meeting and shall not be cause for delay in timely payment to the Contractor. By recommending approval of a Payment Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used money paid on account of the Construction Contract Sum. A2.06-6 The Consultant shall be the interpreter of the requirements of the Contract Documents and the judge of the performance there underthereunder. The Consultant shall render interpretations necessary for the proper execution or progress of the Work upon written request of either the City or the Contractor, and shall render written decisions, within a maximum of ten (10) calendar days, on all claims, disputes and other matters in question between the City and the Contractor relating to the execution or progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from, the Contract Documents and shall be in written or graphic form. A2.06-7 The Consultant shall have the authority to recommend rejection of Work, Work which does not conform to the Contract Documents. Whenever, in his/her their reasonable opinion, the Consultant considers it necessary or advisable to insure compliance with the Contract Documents, the Consultant will have the authority to recommend special inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has been fabricated and/or delivered to the Project, or installed and completed. A2.06-8 The Consultant shall promptly review and approve, reject or take action on shop drawings, samples, RFIs and other submissions of the Contractor. Changes or substitutions to the Contract Documents construction documents shall not be authorized without concurrence of the City's Project Manager and/or Director of Capital ImprovementsOCI. The Consultant shall have a maximum of ten (10) calendar days from receipt of shop drawings, samples, RFI’s or other submittals by the Contractor, to return the shop drawings or submittals to the Contractor with comments indicating either approval or disapproval. The Consultant shall provide the Contractor with a detailed written explanation as to the basis for rejection. Consultant shall have five (5) calendar days to review contractor payment applications to ensure the City complies with Florida Statute §Section 218.70. . A2.06-9 The Consultant shall initiate and prepare required documentation for changes as required by the Consultants Consultant’s own observations or as requested by the City, and shall review and recommend action on proposed changes. Where the Contractor submits a request for Change Order or Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit to the City, his/her their recommendation or proposed action along with an analysis and/or study supporting such recommendation. A2.06-10 The Consultant shall examine the Work upon receipt of the Contractor's request for substantial completion inspection of the Project and shall, prior to occupancy by the City, recommend execution of a "Certificate of Acceptance for Substantial Completion after first ascertaining that the Project is substantially complete in accordance with the contract requirements. The Consultant shall in conjunction with representatives of the City and the Contractor prepare a punch list of any defects and discrepancies in the Work required to be corrected by the Contractor in accordance with Section 218.735, Florida Statutes. Upon satisfactory completion of the punch list the Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to the Contractor. The Consultant shall obtain from the Contractor upon satisfactory completion of all items on the punch list all necessary closeout documentation from the Contractor, including but not limited to all guarantees, operating and maintenance manuals for equipment, releases of liens/claims and such other documents and certificates as may be required by applicable codes, law, and the contract, and deliver them to the City before final acceptance shall be issued to the Contractor. A2.06-11 The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance with the its contract relative to 1) initial instruction of City's personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems and 3) final clean-up of the Project to assure a smooth transition from construction to occupancy by the City. A2.06-12 The Consultant shall furnish to the City the original documents, including drawings, revised to “as-built" conditions based on information furnished by the Contractor; survey, and specific condition. In preparing the "as-built" documents the Consultant shall rely on the accuracy of the information provided by the Contractor, including the Contractor's record drawings. Any certifications required under this Agreement including the contents of “as-built” documents are conditioned upon the accuracy of the information and documents provided by the construction contractor. Transfer of changes made by “Change Authorization”, “Change Order”, “Request for Information”, substitution approvals, or other clarifications will be the Consultant's responsibility to incorporate into the "as-built" and record documents. Changes made in the field to suit field conditions, or otherwise made by the Contractor for its convenience shall be marked by the Contractor on the "Field Record Set" and transferred to the original contract documents by the Consultant. The original documents as well as the "Field Record Set" shall become the property of the City. A reproducible set of all other final documents will be furnished to the City free of charge by the Consultant. A2.06-13 The Consultant shall review the Contractor’s “as built” drawings and submit them to the City upon approval by the Consultant. The Contractor is responsible for preparing the “as built” drawings. A2.06-14 The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting "as-built" conditions with graphic scale and north arrow. Plans must show room names, room numbers, overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of drawings shall be furnished on 24" x 36" sheets and one electronic copy. A2.06-15 The Consultant shall assist the City in the completion of the Contractor's performance evaluation during construction work and upon final completion of the Project.

ADMINISTRATION OF THE CONSTRUCTION CONTRACT. A2.06-1 The Construction Phase will shall begin with the award issuance of the construction contract NTP and will shall end when the Consultant has provided to the City Omni CRA all post construction documents, including Contractor As-Built drawings, the Consultant's record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of Occupancy have been delivered to the City Omni CRA and the City Omni CRA approves the final payment to the Consultant. During this period, the Consultant shall provide administration of the construction contract as provided by this Agreement, and as provided by law. A2.06-2 The Consultant, as the representative of the City Omni CRA during the Construction Phase, shall advise and consult with the City Omni CRA and shall have the authority to act on behalf of the City Omni CRA to the extent provided in the General Conditions and the Supplementary Conditions of the construction contract and their Agreement with the CityOmni CRA. A2.06-3 The Consultant and respective Sub-consultants Consultant, as the representative of the Omni CRA during the Construction Phase shall visit the Project site to conduct field observations, at a minimum on a weekly basis, and at all key construction events; events to ascertain the progress of the Project Project, and shall visit the site as appropriate to conduct field inspections to ascertain the progress of the Project and determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Consultant shall provide any site visits necessary for certification if required by the authorities having jurisdiction. Threshold inspection shall be provided by the Consultant at no additional cost to the CityOmni CRA. The Consultant shall report on the progress of the Work, including any defects and deficiencies that may be observed in the Work. The Consultant and/or Sub-consultants will not be required to make extensive inspections or provide continuous daily on-site inspections to check the quality or quantity of the Work unless otherwise set forth in this Agreement. The Consultant will shall be responsible for writing and distributing minutes of all meetings and field inspections report it is asked to attend, as well as the distribution of the minutes. The Consultant and Sub-consultants will not be held responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. The Consultant and his/her Sub-consultants will not be held responsible for the Contractor's or subcontractors', or any of their agents' or employees' failure to perform the work in accordance with the contract unless such failure of performance results from the Consultant's acts or omissions. A2.06-4 The Consultant shall furnish the City Omni CRA with a written report of all observations of the Work made by the Consultant and require all Sub-consultants Subconsultants to do the same during each visit to the Project. The Consultant shall also note the general status and progress of the Work, Work on forms furnished by the City, and Omni CRA. The Consultant shall submit them the reports in a timely manner. The Consultant and the Sub-consultants Subconsultants shall ascertain that the Work is acceptable to the CityOmni CRA. The Consultant shall assist the City Omni CRA in ensuring that the Contractor is making timely, accurate, and complete notations on the "as-built" drawings. Copies of the field reports shall be attached to the monthly Professional Services payment request for construction administration services. The Consultant's failure to provide written reports of all site visits or minutes of meeting meetings shall result in the rejection of payment requests and may result in a proportional reduction in Construction Administration fees paid to the Consultant. A2.06-5 Based on observations at the Project site and consultation with the CityOmni CRA, the Consultant shall determine the amount due to the Contractor based on the pay for performance milestones and shall recommend approval of such amount as appropriate. This recommendation shall constitute a representation by the Consultant to the City Omni CRA that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated indicated, and that, that the quality of the Work is in accordance with the contract and the Contractor is entitled to amount stated on the requisition subject to; : A detailed evaluation of the Work for conformance with the contract upon substantial completion; The results of any subsequent tests required by the contract; Minor deviations from the contract correctable prior to completion; and Any specific qualifications stated in the payment certificate and further that the Contractor is entitled to payment in the amount agreed upon at a requisition site meeting or as stated on the requisition. Prior to recommending payment to the Contractor, the Consultant will shall prepare a written statement to the City Omni CRA on the status of the Work relative to the Construction Schedule, which shall be attached to the Contractor's Requisition. Such statement shall be prepared immediately following the requisition field meeting and shall not be cause for delay in timely payment to the Contractor. By recommending approval of a Payment Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used money paid on account of the Construction Contract Sum. A2.06-6 The Consultant shall be the interpreter of the requirements of the Contract Documents and the judge of the performance there underthereunder. The Consultant shall render interpretations necessary for the proper execution or progress of the Work upon written request of either the City Omni CRA or the Contractor, and shall render written decisions, within maximum of ten (10) calendar days, on all claims, disputes and other matters in question between the City Omni CRA and the Contractor relating to the execution or progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from, the Contract Documents and shall be in written or graphic form. A2.06-7 The Consultant shall have the authority to recommend rejection of Work, which does not conform conform, to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers it necessary or advisable to insure compliance with the Contract Documents, the Consultant will have the authority to recommend special inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has been fabricated and/or delivered to the Project, or installed and completed. A2.06-8 The Consultant shall promptly review and approve, reject or take action on shop drawings, samples, RFIs and other submissions of the Contractor. Changes or substitutions to the Contract Documents construction documents shall not be authorized without concurrence of the CityOmni CRA's Project Manager and/or Director of Capital ImprovementsExecutive Director. The Consultant shall have a maximum of ten (10) calendar days from receipt of shop drawings, samples, RFI’s or other submittals by the Contractor, to return the shop drawings or submittals to the Contractor with comments indicating either approval or disapproval. The Consultant shall provide the Contractor with a detailed written explanation as to the basis for rejection. Consultant shall have five (5) calendar days to review contractor payment applications to ensure the City Omni CRA complies with Florida Statute §218.70. A2.06-9 The Consultant shall initiate and prepare required documentation for changes as required by the Consultants Consultant’s own observations or as requested by the CityOmni CRA, and shall review and recommend action on proposed changes. Where the Contractor submits a request for Change Order or Change Proposal request, the Consultant shall, within ten (10) calendar days, review and submit to the CityOmni CRA, his/her recommendation or proposed action along with an analysis and/or study supporting such recommendation. A2.06-10 The Consultant shall examine the Work upon receipt of the Contractor's request for substantial completion inspection of the Project and shall, prior to occupancy by the CityOmni CRA, recommend execution of a "Certificate of Acceptance for Substantial Completion Completion” after first ascertaining that the Project is substantially complete in accordance with the contract requirements. The Consultant shall in conjunction with representatives of the City Omni CRA and the Contractor prepare a punch punch-list of any defects and discrepancies in the Work required to be corrected by the Contractor in accordance with Section Florida Statute 218.735, Florida Statutes. Upon satisfactory completion of the punch list punch-list, the Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to the Contractor. The Consultant shall obtain from the Contractor upon satisfactory completion of all items on the punch list punch-list, all necessary closeout close-out documentation from the Contractor, Contractor including but not limited to all guarantees, operating and maintenance manuals for equipment, releases of liens/claims and such other documents and certificates as may be required by applicable codes, law, and the contract, and deliver them to the City Omni CRA before final acceptance shall be issued to the Contractor. A2.06-11 The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance with the its contract relative to 1) initial instruction of CityOmni CRA's personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems and 3) final clean-up of the Project to assure a smooth transition from construction to occupancy by the CityOmni CRA. A2.06-12 The Consultant shall review the Contractor’s “as built” drawings and submit them to the Omni CRA upon approval by the Consultant. The Contractor is responsible for preparing the “as built” drawings. A2.06-13 The Consultant shall furnish to the City Omni CRA the original documents, including drawings, revised to “as-built" conditions based on information furnished by the Contractor; survey, and specific condition. In preparing the "as-built“Record Set" documents of drawings and other documents, the Consultant shall rely on the accuracy of the information provided by the Contractor, including the Contractor's record drawings. Any certifications certification required under this Agreement including the contents of “as-built” documents are is conditioned upon the accuracy of the information and documents provided by the construction contractorContractor. Transfer of changes made by “Change Authorization”, ,” “Change Order”, ,” “Request for Information”, ,” substitution approvals, or other clarifications will shall be the Consultant's responsibility to incorporate into the "as-builtRecord Set" of drawings and other record documents. Changes made in the field to suit field conditions, or otherwise made by the Contractor for its convenience convenience, shall be marked by the Contractor on the "Field Record Set" and transferred to the original contract documents by the Consultant. The original documents documents, as well as the "Field Record Set" shall become the property of the CityOmni CRA. A reproducible set of all other final documents will shall be furnished to the City Omni CRA free of charge by the Consultant. A2.06-13 . The Consultant shall review the Contractor’s “as built” drawings and submit them furnish to the City upon approval by Omni CRA one complete set of "Record Set Drawings,” in Auto CADD (computer-aided design and drafting) Version 2000 or such other format acceptable to the Consultant. The Contractor is responsible for preparing the “as built” drawingsOmni CRA. A2.06-14 The Consultant shall furnish to the City Omni CRA a simplified site plan and floor plan(s) reflecting "as-built" conditions with graphic scale and north arrow. Plans must show room names, room numbers, overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of drawings shall be furnished on 24" x 36" sheets and one electronic copy. A2.06-15 The Consultant shall assist the City Omni CRA in the completion of the Contractor's performance evaluation during construction work and upon final completion of the Project.