Common use of Construction Administration Phase Clause in Contracts

Construction Administration Phase. A.3.1 If the scope of work calls for construction administration services, the following shall apply: A.3.2 The Consultant shall visit the site at scheduled intervals appropriate to the stage of construction of the Project to become generally familiar with the quality and progress of the construction work that has been completed and to determine, in general, if the construction work is being performed in a manner indicating that, when completed, the work will be in accordance with the contract documents. The Consultant shall not be required to make continuous and/or exhaustive on-site inspections to check the quality or the quantity of the construction work. On the basis of the on- site observations, the Consultant shall keep the Owner informed of the progress and quality of the construction work in order to endeavor to guard the Owner against defects and deficiencies in the work. A.3.3 At all times the Consultant shall have access to the work to determine if it is proceeding in accordance with the Contract documents. However, neither the Consultant nor its sub-consultants shall have control over or be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work; these are solely the Construction Contractor’s obligations under the contracts for construction. The Consultant shall not be responsible for Construction Contractor’s schedules or failure to carry out the work in accordance with the contract documents. Except as otherwise provided in this AGREEMENT, the Consultant shall not have control over or charge of acts and omissions of the contractor’s, construction subcontractors, or their agents or employees, or any other persons performing the work. A.3.4 Based on the Consultant’s observations and evaluations of the construction contractor’s Applications for Payment, the Consultant shall certify the amounts due to the construction contractor’s. The Consultant’s certification of payment shall constitute a representation to the Owner, based on the Consultant’s observations at the site as provided above, and the data contained in the construction contractor’s Applications for Payment, that the construction contractor’s work on the project has progressed to the point indicated and the quality of the construction work is generally in accordance with the contract documents. The former representations are subject to an evaluation of the construction work for conformance with the contract documents upon substantial completion, to results of subsequent tests prior to completion and specific qualifications expressed by the Consultant. The issuance of Certificate of Payment shall further constitute a representation that the construction contractor’s subcontractors for the project are entitled to payment in the amount certified. Issuance of Certificates of Payments are not a representation that the Consultant has (1) made continuous and exhaustive inspections to check the quality or quantity of work, (2) reviewed the construction contractor’s construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from construction contractor’s subcontractors and material suppliers and other data requested by the Owner to substantiate construction contractor’s right to payment or (4) ascertained how and for what purpose the construction contractor’s has used money previously paid on account of contract sum. These are the construction contractor’s responsibilities under the contracts for construction. A.3.5 Within ten (10) working days of the date that it receives a change order request from the Owner, the Consultant shall evaluate and make specific written recommendations, including verification of costs, on all contractor change orders that relate to the execution and progress of the work and on all matters or questions related thereto and, upon notification, shall attend and actively participate at administrative hearings or settlement conferences in connection with such change orders. If the nature of the work described in the change order is complex, the Owner representative may grant the Consultant additional time, if requested in writing by the Consultant, to evaluate the change order. A.3.6 The Consultant shall have the authority to reject construction work on the project that does not conform to the contract documents. In such cases the Consultant will advise the Owner of the rejection. Whenever the Consultant considers it necessary or advisable for implementation of the intent of the contract documents, the Consultant will have the authority to require additional inspection or testing of the work in accordance with the contract documents, whether or not such work is fabricated, installed or completed. However, neither the authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall create a duty or responsibility of or by the Consultant to the construction contractor’s construction subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the construction work on the project. A.3.7 The Consultant shall review and approve or take other appropriate action upon the construction contractor’s submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. The Consultant’s action shall be taken with such reasonable promptness as to cause no delay on the construction work on the project, while allowing for sufficient time in the Consultant’s professional judgment for adequate review. Since it is the construction contractor’s responsibility to do so under the contracts for construction, review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation and performance of equipment or systems designed by the construction contractor’s. Unless otherwise provided in this AGREEMENT, these remain the responsibility of the construction contractor’s to the extent required by the contract documents. The Consultant’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, manners, methods, techniques, sequences or procedures. The consultant’s approval of specific items shall not indicate approval of an assembly of which the item is component. When professional certification of performance characteristics of materials, systems or equipment is required by the contract documents, the Consultant shall be entitled to rely upon such certifications to establish that the materials, systems, or equipment will meet performance criteria required by the contract documents. A.3.8 The Consultant’s responsibilities for Construction Administration commences with the award of the construction contract and terminates at the earlier of the issuance to the Contractor of a Final Certificate of Payment or sixty (60) working days after the date of substantial completion of the construction work.

Construction Administration Phase. A.3.1 If The Construction Administration Phase will commence with the scope award of work calls the Construction Contract and will terminate one year after the date of Substantial Completion. 1. The ARCHITECT/ENGINEER will provide administration of the Construction Contract as set forth in Section I, Article 1.1.6 of this Agreement, and in the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997, as modified by the OWNER, current as of the date of this Agreement, and incorporated into this agreement by reference, unless otherwise provided in this agreement. 2. The ARCHITECT/ENGINEER will advise and consult with the OWNER during the Construction Administration Phase. The ARCHITECT/ENGINEER will have authority to act on behalf of the OWNER only to the extent provided in this Agreement, and in the General and Supplementary Conditions specified above, unless otherwise modified in writing. 3. A registered architect and/or registered engineer, or other similarly qualified bona fide employee of the ARCHITECT/ENGINEER approved in writing by the OWNER, representing the ARCHITECT/ENGINEER will make not less than one visit to the project site each with the OWNER'S REPRESENTATIVE and will attend a construction administration servicesprogress meeting during the progress of construction with the OWNER'S REPRESENTATIVE and the CONTRACTOR at a time mutually agreed upon between the OWNER'S REPRESENTATIVE, the following shall apply: A.3.2 The Consultant shall visit CONTRACTOR and the site at scheduled intervals appropriate to the stage of construction of the Project to become generally familiar with the quality and progress of the construction work that has been completed and to determine, in general, if the construction work is being performed in a manner indicating that, when completed, the work will be in accordance with the contract documents. The Consultant shall not be required to make continuous and/or exhaustive on-site inspections to check the quality or the quantity of the construction workARCHITECT/ENGINEER. On the basis of the on- on-site observations, the Consultant shall keep the Owner informed of the progress and quality of the construction work in order to ARCHITECT/ENGINEER will endeavor to guard the Owner OWNER against defects and deficiencies in the workWork and will assist the OWNER in obtaining faithful performance of the Contract Documents. A.3.3 At all times the Consultant shall have access to the work to determine if it is proceeding in accordance with the Contract documents4. However, neither the Consultant nor its sub-consultants shall The ARCHITECT/ENGINEER will not be responsible for and will not have control over or be responsible for charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work; these are solely the Construction Contractor’s obligations under the contracts for constructionWork. The Consultant shall ARCHITECT/ENGINEER will not be responsible for Construction Contractor’s the CONTRACTOR’S schedules or failure to carry out the work Work in accordance with the contract documentsContract Documents. Except as otherwise provided in this AGREEMENT, the Consultant shall The ARCHITECT/ENGINEER will not have control over or charge of acts and or omissions of the contractor’sCONTRACTOR, construction subcontractorsSubcontractors, or their agents or employees, or of any other persons performing portions of the workWork. The ARCHITECT/ENGINEER will not be responsible for the performance by the CONTRACTOR of the services required by the CONTRACTOR’S agreement with the OWNER. A.3.4 Based on 5. The ARCHITECT/ENGINEER will at all times have access to the Consultant’s observations Work wherever it is in preparation or progress. 6. The ARCHITECT/ENGINEER will not determine the amounts owing to the CONTRACTOR and evaluations will not issue Certificates for Payment. 7. The ARCHITECT/ENGINEER will advise the OWNER in matters relating to rejection of Work that does not generally conform to the Contract Documents in writing. Whenever the ARCHITECT/ENGINEER, in his/her reasonable opinion, considers it necessary or advisable to ensure the proper implementation of the construction contractor’s Applications for Payment, the Consultant shall certify the amounts due to the construction contractor’s. The Consultant’s certification of payment shall constitute a representation to the Owner, based on the Consultant’s observations at the site as provided above, and the data contained in the construction contractor’s Applications for Payment, that the construction contractor’s work on the project has progressed to the point indicated and the quality intent of the construction work is generally Contract Documents, ARCHITECT/ENGINEER will advise the OWNER to require special inspection or testing of the Work in accordance with the contract documentsprovisions of the Contract Documents whether or not such Work be then fabricated, installed or completed. 8. The former representations are subject to an evaluation ARCHITECT/ENGINEER, concurrently with the OWNER, will review required Shop Drawings, Product Data, Samples and other submissions of the construction work CONTRACTOR for conformance with the contract documents upon substantial completion, to results design concept of subsequent tests prior to completion the Work and specific qualifications expressed by for general compliance with the Consultant. The issuance of Certificate of Payment shall further constitute a representation that the construction contractor’s subcontractors for the project are entitled to payment information given in the amount certifiedContract Documents. Issuance On submittals in which the OWNER and ARCHITECT/ENGINEER disagree, the OWNER will have the final decision in regard to aesthetics, cost, or efficiency of Certificates of Payments are not a representation the Work, products, materials or other submissions on the condition that it meets or exceeds the Consultant has specification criteria in the Contract Documents. a. The ARCHITECT/ENGINEER will then be responsible for furnishing one (1) made continuous reviewed and exhaustive inspections stamped copy to check the quality or quantity of work, (2) OWNER for filing. All other copies will be returned to the Contractor. b. The ARCHITECT/ENGINEER will then be responsible for furnishing reviewed and stamped copies to the construction contractor’s construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from construction contractor’s subcontractors OWNER for filing and material suppliers distribution to CONTRACTOR. 9. The ARCHITECT/ENGINEER will prepare data for Change Orders and other data requested Construction Change Directives as required by the Owner to substantiate construction contractor’s right to payment or (4) ascertained how OWNER. The ARCHITECT/ENGINEER will receive a copy of all executed Change Orders and for what purpose Construction Change Directives prepared by the construction contractor’s has used money previously paid on account of contract sum. These are the construction contractor’s responsibilities under the contracts for constructionOWNER. A.3.5 Within ten (10. The ARCHITECT/ENGINEER will assist the OWNER and the CONTRACTOR in determining the date or dates of Substantial Completion and Final Completion. The ARCHITECT/ENGINEER will receive and review written guarantees and related documents assembled by the CONTRACTOR and assist in the preparation of a Certificate(s) working days of Substantial Completion. 11. The ARCHITECT/ENGINEER will be, in the first instance, the interpreter of the date that it receives a change order request requirements of the Contract Documents and the impartial judge of the performance thereunder by both the OWNER and CONTRACTOR. Interpretations and decisions of the ARCHITECT/ENGINEER will be consistent with the intent of and reasonably inferable from the Owner, the Consultant shall evaluate Contract Documents and will be in written or graphic form. The ARCHITECT/ENGINEER will make specific written recommendations, including verification of costs, recommendations on all contractor change orders that relate claims of the OWNER or CONTRACTOR relating to the execution and progress of the work Work and on all other matters or questions related thereto and, upon notification, shall attend in a timely manner. 12. The ARCHITECT/ENGINEER will assist the OWNER and actively participate at administrative hearings or settlement conferences in connection with such change orders. If the nature of the work described CONTRACTOR in the change order is complexpreparation of a list of deficiencies, the Owner representative may grant the Consultant additional time, if requested in writing by the Consultantor a "punch list", to evaluate be attached to the change orderCertificate(s) of Substantial Completion. A.3.6 13. The Consultant shall have ARCHITECT/ENGINEER will assist in commissioning the authority to reject construction work on building and instructing the project that does not conform to the contract documents. In such cases the Consultant will advise the Owner of the rejection. Whenever the Consultant considers it necessary or advisable for implementation of the intent of the contract documents, the Consultant will have the authority to require additional inspection or testing of the work in accordance with the contract documents, whether or not such work is fabricated, installed or completed. However, neither the authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall create a duty or responsibility of or by the Consultant to the construction contractor’s construction subcontractors, material OWNER'S operation and equipment suppliers, their agents or employees or other persons performing portions of the construction work on the project. A.3.7 The Consultant shall review and approve or take other appropriate action upon the construction contractor’s submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed maintenance personnel in the contract documents. The Consultant’s action shall be taken with such reasonable promptness as to cause no delay on the construction work on the projectinitial "start-up" of mechanical, while allowing for sufficient time in the Consultant’s professional judgment for adequate review. Since it is the construction contractor’s responsibility to do so under the contracts for construction, review of such submittals is not conducted for the purpose of determining the accuracy electrical and completeness of other details such as dimensions and quantities or for substantiating instructions for installation and performance of special equipment or systems designed by the construction contractor’s. Unless otherwise provided in this AGREEMENT, these remain the responsibility of the construction contractor’s to the extent required by the contract documents. The Consultant’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, manners, methods, techniques, sequences or procedures. The consultant’s approval of specific items shall not indicate approval of an assembly of which the item is component. When professional certification of performance characteristics of materials, systems or equipment is required by the contract documents, the Consultant shall be entitled to rely upon such certifications to establish that the materials, systems, or equipment will meet performance criteria required by the contract documents. A.3.8 The Consultant’s responsibilities for Construction Administration commences with the award of the construction contract and terminates at the earlier of the issuance to the Contractor of a Final Certificate of Payment or sixty (60) working days after the date of substantial completion of the construction work.

Construction Administration Phase. A.3.1 If the a project scope of work calls for assignment includes construction administration services, the following shall apply: A.3.2 The Consultant shall visit the site at scheduled intervals appropriate to the stage of construction of the Project to become generally familiar with the quality and progress of the construction work that has been completed and to determine, in general, if the construction work is being performed in a manner indicating that, when completed, the work will be in accordance with the contract documents. The Consultant shall not be required to make continuous and/or exhaustive on-site inspections to check the quality or the quantity of the construction work. On the basis of the on- site observations, the Consultant shall keep the Owner informed of the progress and quality of the construction work in order to endeavor to guard the Owner against defects and deficiencies in the work. A.3.3 At all times the Consultant shall have access to the work to determine if it is proceeding in accordance with the Contract documents. However, neither the Consultant nor its sub-consultants shall have control over or be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work; these are solely the Construction Contractor’s obligations under the contracts for construction. The Consultant shall not be responsible for Construction Contractor’s schedules or failure to carry out the work in accordance with the contract documents. Except as otherwise provided in this AGREEMENT, the Consultant shall not have control over or charge of acts and omissions of the contractor’s, construction subcontractors, or their agents or employees, or any other persons performing the work. A.3.4 Based on the Consultant’s observations and evaluations of the construction contractor’s Applications for Payment, the Consultant shall certify the amounts due to the construction contractor’scontractor(s). The Consultant’s certification of payment shall constitute a representation to the Owner, based on the Consultant’s observations at the site as provided aboveproject site, and the data contained in the construction contractor’s Applications for Payment, that the construction contractor’s work on the project has progressed to the point indicated and the quality of the construction work is generally in accordance with the contract documents. The former representations are subject to an evaluation of the construction work for conformance with the contract documents upon substantial completion, to results of subsequent tests prior to completion and specific qualifications expressed by the Consultant. The issuance of Certificate of Payment shall further constitute a representation that the construction contractor’s subcontractors for the project are entitled to payment in the amount certified. Issuance of Certificates of Payments are not a representation that the Consultant has (1) made continuous and exhaustive inspections to check the quality or quantity of work, (2) reviewed the construction contractor’s construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from construction contractor’s subcontractors and material suppliers and other data requested by the Owner to substantiate construction contractor’s right to payment or (4) ascertained how and for what purpose the construction contractor’s has used money previously paid on account of contract sum. These are the construction contractor’s responsibilities under the contracts for construction. A.3.5 Within ten (10) working days of the date that it receives a change order request from the Owner, the Consultant shall evaluate and make specific written recommendations, including verification of costs, on all contractor change orders that relate to the execution and progress of the work and on all matters or questions related thereto and, upon notification, shall attend and actively participate at administrative hearings or settlement conferences in connection with such change orders. If the nature of the work described in the change order is complex, the Owner representative may grant the Consultant additional time, if requested in writing by the Consultant, to evaluate the change order. A.3.6 The Consultant shall have the authority to reject construction work on the a project that does not conform to the contract documents. In such cases the Consultant will advise the Owner of the rejection. Whenever the Consultant considers it necessary or advisable for implementation of the intent of the contract documents, the Consultant will have the authority to require additional inspection or testing of the work in accordance with the contract documents, whether or not such work is fabricated, installed or completed. However, neither the authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall create a duty or responsibility of or by the Consultant to the construction contractor’s construction subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the construction work on the project. A.3.7 The Consultant shall review and approve or take other appropriate action upon the construction contractor’s submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. The Consultant’s action shall be taken with such reasonable promptness as to cause no delay on the construction work on the project, while allowing for sufficient time in the Consultant’s professional judgment for adequate review. Since it is the construction contractor’s responsibility to do so under the contracts for construction, review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation and performance of equipment or systems designed by the construction contractor’s. Unless otherwise provided in this AGREEMENT, these remain the responsibility of the construction contractor’s to the extent required by the contract documents. The Consultant’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, manners, methods, techniques, sequences or procedures. The consultant’s approval of specific items shall not indicate approval of an assembly of which the item is component. When professional certification of performance characteristics of materials, systems or equipment is required by the contract documents, the Consultant shall be entitled to rely upon such certifications to establish that the materials, systems, or equipment will meet performance criteria required by the contract documents. A.3.8 The Consultant’s responsibilities for Construction Administration commences with the award of the construction contract by the Owner and terminates at the earlier of the issuance to the Contractor of a Final Certificate of Payment or sixty (60) working days after the date of substantial completion of the construction work.

Construction Administration Phase. A.3.1 If The Construction Administration Phase will commence with the scope award of work calls the Construction Contract and will terminate one year after the date of Substantial Completion. 1. The ARCHITECT/ENGINEER will provide administration of the Construction Contract as set forth in Section I, Article 1.1.6 of this Agreement, and in the General Conditions of the Contract for Construction, as modified by the OWNER (the “Modified General Conditions”), current as of the date of this Agreement, and incorporated into this agreement by reference, unless otherwise provided in this agreement. 2. The ARCHITECT/ENGINEER will advise and consult with the OWNER during the Construction Administration Phase. The ARCHITECT/ENGINEER will have authority to act on behalf of the OWNER only to the extent provided in this Agreement, and in the General and Supplementary Conditions specified above, unless otherwise modified in writing. 3. A registered architect and/or registered engineer, or other similarly qualified bona fide employee of the ARCHITECT/ENGINEER approved in writing by the OWNER, representing the ARCHITECT/ENGINEER will make not less than one visit to the project site each with the OWNER'S REPRESENTATIVE and will attend a construction administration servicesprogress meeting during the progress of construction with the OWNER'S REPRESENTATIVE and the CONTRACTOR at a time mutually agreed upon between the OWNER'S REPRESENTATIVE, the following shall apply: A.3.2 The Consultant shall visit CONTRACTOR and the site at scheduled intervals appropriate to the stage of construction of the Project to become generally familiar with the quality and progress of the construction work that has been completed and to determine, in general, if the construction work is being performed in a manner indicating that, when completed, the work will be in accordance with the contract documents. The Consultant shall not be required to make continuous and/or exhaustive on-site inspections to check the quality or the quantity of the construction workARCHITECT/ENGINEER. On the basis of the on- on-site observations, the Consultant shall keep the Owner informed of the progress and quality of the construction work in order to ARCHITECT/ENGINEER will endeavor to guard the Owner OWNER against defects and deficiencies in the workWork and will assist the OWNER in obtaining faithful performance of the Contract Documents. A.3.3 At all times the Consultant shall have access to the work to determine if it is proceeding in accordance with the Contract documents4. However, neither the Consultant nor its sub-consultants shall The ARCHITECT/ENGINEER will not be responsible for and will not have control over or be responsible for charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work; these are solely the Construction Contractor’s obligations under the contracts for constructionWork. The Consultant shall ARCHITECT/ENGINEER will not be responsible for Construction Contractor’s the CONTRACTOR’S schedules or failure to carry out the work Work in accordance with the contract documentsContract Documents. Except as otherwise provided in this AGREEMENT, the Consultant shall The ARCHITECT/ENGINEER will not have control over or charge of acts and or omissions of the contractor’sCONTRACTOR, construction subcontractorsSubcontractors, or their agents or employees, or of any other persons performing portions of the workWork. The ARCHITECT/ENGINEER will not be responsible for the performance by the CONTRACTOR of the services required by the CONTRACTOR’S agreement with the OWNER. A.3.4 Based on 5. The ARCHITECT/ENGINEER will at all times have access to the Consultant’s observations Work wherever it is in preparation or progress. 6. The ARCHITECT/ENGINEER will not determine the amounts owing to the CONTRACTOR and evaluations will not issue Certificates for Payment. 7. The ARCHITECT/ENGINEER will advise the OWNER in matters relating to rejection of Work that does not generally conform to the Contract Documents in writing. Whenever the ARCHITECT/ENGINEER, in his/her reasonable opinion, considers it necessary or advisable to ensure the proper implementation of the construction contractor’s Applications for Payment, the Consultant shall certify the amounts due to the construction contractor’s. The Consultant’s certification of payment shall constitute a representation to the Owner, based on the Consultant’s observations at the site as provided above, and the data contained in the construction contractor’s Applications for Payment, that the construction contractor’s work on the project has progressed to the point indicated and the quality intent of the construction work is generally Contract Documents, ARCHITECT/ENGINEER will advise the OWNER to require special inspection or testing of the Work in accordance with the contract documentsprovisions of the Contract Documents whether or not such Work be then fabricated, installed or completed. 8. The former representations are subject to an evaluation ARCHITECT/ENGINEER, concurrently with the OWNER, will review required Shop Drawings, Product Data, Samples and other submissions of the construction work CONTRACTOR for conformance with the contract documents upon substantial completion, to results design concept of subsequent tests prior to completion the Work and specific qualifications expressed by for general compliance with the Consultant. The issuance of Certificate of Payment shall further constitute a representation that the construction contractor’s subcontractors for the project are entitled to payment information given in the amount certifiedContract Documents. Issuance On submittals in which the OWNER and ARCHITECT/ENGINEER disagree, the OWNER will have the final decision in regard to aesthetics, cost, or efficiency of Certificates of Payments are not a representation the Work, products, materials or other submissions on the condition that it meets or exceeds the Consultant has specification criteria in the Contract Documents. a. The ARCHITECT/ENGINEER will then be responsible for furnishing one (1) made continuous reviewed and exhaustive inspections stamped copy to check the quality or quantity of work, (2) OWNER for filing. All other copies will be returned to the Contractor. b. The ARCHITECT/ENGINEER will then be responsible for furnishing reviewed and stamped copies to the construction contractor’s construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from construction contractor’s subcontractors OWNER for filing and material suppliers distribution to CONTRACTOR. 9. The ARCHITECT/ENGINEER will prepare data for Change Orders and other data requested Construction Change Directives as required by the Owner to substantiate construction contractor’s right to payment or (4) ascertained how OWNER. The ARCHITECT/ENGINEER will receive a copy of all executed Change Orders and for what purpose Construction Change Directives prepared by the construction contractor’s has used money previously paid on account of contract sum. These are the construction contractor’s responsibilities under the contracts for constructionOWNER. A.3.5 Within ten (10. The ARCHITECT/ENGINEER will assist the OWNER and the CONTRACTOR in determining the date or dates of Substantial Completion and Final Completion. The ARCHITECT/ENGINEER will receive and review written guarantees and related documents assembled by the CONTRACTOR and assist in the preparation of a Certificate(s) working days of Substantial Completion. 11. The ARCHITECT/ENGINEER will be, in the first instance, the interpreter of the date that it receives a change order request requirements of the Contract Documents and the impartial judge of the performance thereunder by both the OWNER and CONTRACTOR. Interpretations and decisions of the ARCHITECT/ENGINEER will be consistent with the intent of and reasonably inferable from the Owner, the Consultant shall evaluate Contract Documents and will be in written or graphic form. The ARCHITECT/ENGINEER will make specific written recommendations, including verification of costs, recommendations on all contractor change orders that relate claims of the OWNER or CONTRACTOR relating to the execution and progress of the work Work and on all other matters or questions related thereto and, upon notification, shall attend in a timely manner. 12. The ARCHITECT/ENGINEER will assist the OWNER and actively participate at administrative hearings or settlement conferences in connection with such change orders. If the nature of the work described CONTRACTOR in the change order is complexpreparation of a list of deficiencies, the Owner representative may grant the Consultant additional time, if requested in writing by the Consultantor a "punch list", to evaluate be attached to the change orderCertificate(s) of Substantial Completion. A.3.6 13. The Consultant shall have ARCHITECT/ENGINEER will assist in commissioning the authority to reject construction work on building instructing the project that does not conform to the contract documents. In such cases the Consultant will advise the Owner of the rejection. Whenever the Consultant considers it necessary or advisable for implementation of the intent of the contract documents, the Consultant will have the authority to require additional inspection or testing of the work in accordance with the contract documents, whether or not such work is fabricated, installed or completed. However, neither the authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall create a duty or responsibility of or by the Consultant to the construction contractor’s construction subcontractors, material OWNER'S operation and equipment suppliers, their agents or employees or other persons performing portions of the construction work on the project. A.3.7 The Consultant shall review and approve or take other appropriate action upon the construction contractor’s submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed maintenance personnel in the contract documents. The Consultant’s action shall be taken with such reasonable promptness as to cause no delay on the construction work on the projectinitial "start-up" of mechanical, while allowing for sufficient time in the Consultant’s professional judgment for adequate review. Since it is the construction contractor’s responsibility to do so under the contracts for construction, review of such submittals is not conducted for the purpose of determining the accuracy electrical and completeness of other details such as dimensions and quantities or for substantiating instructions for installation and performance of special equipment or systems designed by the construction contractor’s. Unless otherwise provided in this AGREEMENT, these remain the responsibility of the construction contractor’s to the extent required by the contract documents. The Consultant’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, manners, methods, techniques, sequences or procedures. The consultant’s approval of specific items shall not indicate approval of an assembly of which the item is component. When professional certification of performance characteristics of materials, systems or equipment is required by the contract documents, the Consultant shall be entitled to rely upon such certifications to establish that the materials, systems, or equipment will meet performance criteria required by the contract documents. A.3.8 The Consultant’s responsibilities for Construction Administration commences with the award of the construction contract and terminates at the earlier of the issuance to the Contractor of a Final Certificate of Payment or sixty (60) working days after the date of substantial completion of the construction work.

Construction Administration Phase. A.3.1 If The Construction Administration Phase will commence with the scope award of work calls the Construction Contract and will terminate one year after the date of Substantial Completion. 1. The ARCHITECT/ENGINEER will provide administration of the Construction Contract as set forth in Section I, Article 1.1.6 of this Agreement, and in the General Conditions of the Contract for Construction, as modified by the OWNER (the “Modified General Conditions”), current as of the date of this Agreement, and incorporated into this agreement by reference, unless otherwise provided in this agreement. 2. The ARCHITECT/ENGINEER will advise and consult with the OWNER during the Construction Administration Phase. The ARCHITECT/ENGINEER will have authority to act on behalf of the OWNER only to the extent provided in this Agreement, and in the General and Supplementary Conditions specified above, unless otherwise modified in writing. 3. A registered architect and/or registered engineer, or other similarly qualified bona fide employee of the ARCHITECT/ENGINEER approved in writing by the OWNER, representing the ARCHITECT/ENGINEER will make not less than one visit to the project site each with the OWNER'S REPRESENTATIVE and will attend a construction administration servicesprogress meeting during the progress of construction with the OWNER'S REPRESENTATIVE and the CONTRACTOR at a time mutually agreed upon between the OWNER'S REPRESENTATIVE, the following shall apply: A.3.2 The Consultant shall visit CONTRACTOR and the site at scheduled intervals appropriate to the stage of construction of the Project to become generally familiar with the quality and progress of the construction work that has been completed and to determine, in general, if the construction work is being performed in a manner indicating that, when completed, the work will be in accordance with the contract documents. The Consultant shall not be required to make continuous and/or exhaustive on-site inspections to check the quality or the quantity of the construction workARCHITECT/ENGINEER. On the basis of the on- on-site observations, the Consultant shall keep the Owner informed of the progress and quality of the construction work in order to ARCHITECT/ENGINEER will endeavor to guard the Owner OWNER against defects and deficiencies in the workWork and will assist the OWNER in obtaining faithful performance of the Contract Documents. A.3.3 At all times the Consultant shall have access to the work to determine if it is proceeding in accordance with the Contract documents4. However, neither the Consultant nor its sub-consultants shall The ARCHITECT/ENGINEER will not be responsible for and will not have control over or be responsible for charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work; these are solely the Construction Contractor’s obligations under the contracts for constructionWork. The Consultant shall ARCHITECT/ENGINEER will not be responsible for Construction Contractor’s the CONTRACTOR’S schedules or failure to carry out the work Work in accordance with the contract documentsContract Documents. Except as otherwise provided in this AGREEMENT, the Consultant shall The ARCHITECT/ENGINEER will not have control over or charge of acts and or omissions of the contractor’sCONTRACTOR, construction subcontractorsSubcontractors, or their agents or employees, or of any other persons performing portions of the workWork. The ARCHITECT/ENGINEER will not be responsible for the performance by the CONTRACTOR of the services required by the CONTRACTOR’S agreement with the OWNER. A.3.4 Based on 5. The ARCHITECT/ENGINEER will at all times have access to the Consultant’s observations Work wherever it is in preparation or progress. 6. The ARCHITECT/ENGINEER will not determine the amounts owing to the CONTRACTOR and evaluations will not issue Certificates for Payment. 7. The ARCHITECT/ENGINEER will advise the OWNER in matters relating to rejection of Work that does not generally conform to the Contract Documents in writing. Whenever the ARCHITECT/ENGINEER, in his/her reasonable opinion, considers it necessary or advisable to ensure the proper implementation of the construction contractor’s Applications for Payment, the Consultant shall certify the amounts due to the construction contractor’s. The Consultant’s certification of payment shall constitute a representation to the Owner, based on the Consultant’s observations at the site as provided above, and the data contained in the construction contractor’s Applications for Payment, that the construction contractor’s work on the project has progressed to the point indicated and the quality intent of the construction work is generally Contract Documents, ARCHITECT/ENGINEER will advise the OWNER to require special inspection or testing of the Work in accordance with the contract documentsprovisions of the Contract Documents whether or not such Work be then fabricated, installed or completed. 8. The former representations are subject to an evaluation ARCHITECT/ENGINEER, concurrently with the OWNER, will review required Shop Drawings, Product Data, Samples and other submissions of the construction work CONTRACTOR for conformance with the contract documents upon substantial completion, to results design concept of subsequent tests prior to completion the Work and specific qualifications expressed by for general compliance with the Consultant. The issuance of Certificate of Payment shall further constitute a representation that the construction contractor’s subcontractors for the project are entitled to payment information given in the amount certifiedContract Documents. Issuance On submittals in which the OWNER and ARCHITECT/ENGINEER disagree, the OWNER will have the final decision in regard to aesthetics, cost, or efficiency of Certificates of Payments are not a representation the Work, products, materials or other submissions on the condition that it meets or exceeds the Consultant has specification criteria in the Contract Documents. a. The ARCHITECT/ENGINEER will then be responsible for furnishing one (1) made continuous reviewed and exhaustive inspections stamped copy to check the quality or quantity of work, (2) OWNER for filing. All other copies will be returned to the Contractor. b. The ARCHITECT/ENGINEER will then be responsible for furnishing reviewed and stamped copies to the construction contractor’s construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from construction contractor’s subcontractors OWNER for filing and material suppliers distribution to CONTRACTOR. 9. The ARCHITECT/ENGINEER will prepare data for Change Orders and other data requested Construction Change Directives as required by the Owner to substantiate construction contractor’s right to payment or (4) ascertained how OWNER. The ARCHITECT/ENGINEER will receive a copy of all executed Change Orders and for what purpose Construction Change Directives prepared by the construction contractor’s has used money previously paid on account of contract sum. These are the construction contractor’s responsibilities under the contracts for constructionOWNER. A.3.5 Within ten (10. The ARCHITECT/ENGINEER will assist the OWNER and the CONTRACTOR in determining the date or dates of Substantial Completion and Final Completion. The ARCHITECT/ENGINEER will receive and review written guarantees and related documents assembled by the CONTRACTOR and assist in the preparation of a Certificate(s) working days of Substantial Completion. 11. The ARCHITECT/ENGINEER will be, in the first instance, the interpreter of the date that it receives a change order request requirements of the Contract Documents and the impartial judge of the performance thereunder by both the OWNER and CONTRACTOR. Interpretations and decisions of the ARCHITECT/ENGINEER will be consistent with the intent of and reasonably inferable from the Owner, the Consultant shall evaluate Contract Documents and will be in written or graphic form. The ARCHITECT/ENGINEER will make specific written recommendations, including verification of costs, recommendations on all contractor change orders that relate claims of the OWNER or CONTRACTOR relating to the execution and progress of the work Work and on all other matters or questions related thereto and, upon notification, shall attend in a timely manner. 12. The ARCHITECT/ENGINEER will assist the OWNER and actively participate at administrative hearings or settlement conferences in connection with such change orders. If the nature of the work described CONTRACTOR in the change order is complexpreparation of a list of deficiencies, the Owner representative may grant the Consultant additional time, if requested in writing by the Consultantor a "punch list", to evaluate be attached to the change orderCertificate(s) of Substantial Completion. A.3.6 13. The Consultant shall have ARCHITECT/ENGINEER will assist in commissioning the authority to reject construction work on building and instructing the project that does not conform to the contract documents. In such cases the Consultant will advise the Owner of the rejection. Whenever the Consultant considers it necessary or advisable for implementation of the intent of the contract documents, the Consultant will have the authority to require additional inspection or testing of the work in accordance with the contract documents, whether or not such work is fabricated, installed or completed. However, neither the authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall create a duty or responsibility of or by the Consultant to the construction contractor’s construction subcontractors, material OWNER'S operation and equipment suppliers, their agents or employees or other persons performing portions of the construction work on the project. A.3.7 The Consultant shall review and approve or take other appropriate action upon the construction contractor’s submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed maintenance personnel in the contract documents. The Consultant’s action shall be taken with such reasonable promptness as to cause no delay on the construction work on the projectinitial "start-up" of mechanical, while allowing for sufficient time in the Consultant’s professional judgment for adequate review. Since it is the construction contractor’s responsibility to do so under the contracts for construction, review of such submittals is not conducted for the purpose of determining the accuracy electrical and completeness of other details such as dimensions and quantities or for substantiating instructions for installation and performance of special equipment or systems designed by the construction contractor’s. Unless otherwise provided in this AGREEMENT, these remain the responsibility of the construction contractor’s to the extent required by the contract documents. The Consultant’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, manners, methods, techniques, sequences or procedures. The consultant’s approval of specific items shall not indicate approval of an assembly of which the item is component. When professional certification of performance characteristics of materials, systems or equipment is required by the contract documents, the Consultant shall be entitled to rely upon such certifications to establish that the materials, systems, or equipment will meet performance criteria required by the contract documents. A.3.8 The Consultant’s responsibilities for Construction Administration commences with the award of the construction contract and terminates at the earlier of the issuance to the Contractor of a Final Certificate of Payment or sixty (60) working days after the date of substantial completion of the construction work.

Construction Administration Phase. A.3.1 If 1. The Construction Administration Phase will commence with the scope award of work calls the Construction contract and will terminate with the final acceptance by the owner. 2. The Consultant shall provide for construction administration servicesAdministration, of the following Construction Phase as set forth in the Southeast Missouri State University Standard General Conditions. 3. The Consultant, during Construction Administration, shall apply:advise and consult with the Owner and shall have authority to act on behalf of the Owner only to the extent provided in the General Conditions unless otherwise modified in writing. A.3.2 4. The Consultant shall at all times have access to the Work. 5. The Consultant shall visit the project site at scheduled intervals appropriate to the stage of construction of the Project to become generally familiar as necessary, essentially in accord with the quality and progress of the construction work that has been completed and following schedule, to determine, in general, determine if the construction work is being performed in a manner indicating that, when completed, the work will be proceeding in accordance with the contract documents. The Consultant shall not be Construction Documents and to answer all questions pertaining to the Work as described in Construction Documents and required to make continuous and/or exhaustive on-the project complete. The site inspections to check the quality or the quantity of the construction work. On visits shall be performed not less than once per month and on the basis of the on- site observations, the Consultant shall keep submit to the Owner informed a written progress and observation report summarizing each visit and presenting the current status of the progress Project with regard to pending changes, design or construction problems and quality of scheduled variations. All observations, including those specified to be performed by the construction work in order to endeavor to guard the Owner against defects and deficiencies Consultant in the work. A.3.3 At Contract Documents and all times clarifications required shall be scheduled, performed and issued in a manner to prevent delay to the Contractor. The Consultant shall have access to the work to determine if it is proceeding in accordance with the Contract documents. However, neither the Consultant nor its sub-consultants shall have control over or not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work; these are solely the Construction Contractor’s obligations under the contracts for construction. The Consultant Work, and he shall not be responsible for Construction the Contractor’s schedules or failure to carry out the work Work in accordance with the contract documentsConstruction Documents. Except as otherwise provided in this AGREEMENTNor shall he be responsible for the acts or omissions of the Contractor or Subcontractors, or any other person performing the Work. 6. Based on such observations at the site and on the Contractor's written request for payment, the Consultant shall not have control over or charge of acts determine the amount owing to the Contractor and omissions of the contractor’sshall certify requests for payment in such amounts, construction subcontractors, or their agents or employees, or any other persons performing the work. A.3.4 Based on the Consultant’s observations and evaluations of the construction contractor’s Applications for Payment, the Consultant shall certify the amounts due to the construction contractor’s. The Consultant’s certification of payment shall constitute a representation to the Owner, based on the Consultant’s observations at the site as provided above, and the data contained in the construction contractor’s Applications for Payment, basis that the construction contractor’s work on the project Work has progressed to the point indicated indicated; and that to the best of the Consultant's knowledge, information and belief, the quality of the construction work Work is generally in accordance with the contract documentsConstruction Documents. The former representations are subject Such certification shall not be deemed to an evaluation of the construction work for conformance with the contract documents upon substantial completion, to results of subsequent tests prior to completion and specific qualifications expressed by the Consultant. The issuance of Certificate of Payment shall further constitute a representation that the construction contractor’s subcontractors for the project are entitled to payment in the amount certified. Issuance of Certificates of Payments are not a representation represent that the Consultant has (1) made continuous and exhaustive inspections any examination to check the quality or quantity of work, (2) reviewed the construction contractor’s construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from construction contractor’s subcontractors and material suppliers and other data requested by the Owner to substantiate construction contractor’s right to payment or (4) ascertained ascertain how and for what purpose the construction contractor’s Contractor has used money previously paid on account of contract sum. These are the construction contractor’s responsibilities under the contracts for constructionmoneys paid. A.3.5 Within ten (10) working days 7. The Consultant shall, in the first instance, be the interpreter of the date that it receives a change order request from the Owner, the Consultant shall evaluate and make specific written recommendations, including verification of costs, on all contractor change orders that relate to the execution and progress requirements of the work and on all matters or questions related thereto andConstruction Documents. However, upon notification, this paragraph shall attend and actively participate at administrative hearings or settlement conferences in connection with such change orders. If no way abrogate the nature provisions of the work described in the change order is complex, the Owner representative may grant the Consultant additional time, if requested in writing by the Consultant, to evaluate the change orderArticle XIV of this agreement. A.3.6 8. The Consultant shall have the authority to reject construction work on the project that may recommend rejection of Work which does not conform to the contract documents. In such cases the Consultant will advise the Owner of the rejectionConstruction Documents. Whenever the Consultant considers it necessary or advisable for implementation to confirm the requirements of the intent Construction Documents, he may request approval of the contract documents, the Consultant will have the authority to require additional Owner for special inspection or testing of the work in accordance with the contract documents, whether or not such work is fabricated, installed or completed. However, neither the authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall create a duty or responsibility of or by the Consultant to the construction contractor’s construction subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the construction work on the projectand/or testing. A.3.7 9. The Consultant shall review and approve or take other appropriate action upon the construction contractor’s submittals such as shop drawings, product data and samples, but only for and other information request or submissions of the limited purpose of checking Contractor for conformance with information given and the design concept expressed of the Project and for compliance with the information given in the contract documentsConstruction Documents and shall respond to and return said items to the Contractor within fourteen (14) consecutive calendar days of receipt thereof. 10. The Consultant’s action Consultant shall review and process Change Order Requests in accordance with the form and procedures prescribed by the Owner. 11. All substitutions must be taken coordinated with such reasonable promptness the Owner as to cause no delay on the construction work on the project, while allowing for sufficient time required in the Consultant’s professional judgment for adequate reviewSoutheast Missouri State University Standard General Conditions prior to the Consultants approval. 12. Since it is During the construction contractor’s responsibility to do so under the contracts for construction, review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation and performance of equipment or systems designed by the construction contractor’s. Unless otherwise provided in this AGREEMENT, these remain the responsibility warranty period of the construction contractor’s to the extent required by the contract documents. The Consultant’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, manners, methods, techniques, sequences or procedures. The consultant’s approval of specific items shall not indicate approval of an assembly of which the item is component. When professional certification of performance characteristics of materials, systems or equipment is required by the contract documentsConstruction Contract(s), the Consultant shall be entitled work with the Owner to rely upon such certifications to establish secure correction of any defects that the materials, systems, or equipment will meet performance criteria required become apparent. Services provided by the contract documents. A.3.8 The Consultant during this period shall be provided at no cost to the Owner if said services are necessary to correct defects in the Work resulting from errors or omissions in the design prepared by the Consultant’s responsibilities for Construction Administration commences with . However, if such services are provided to correct defects resulting from defective material or poor workmanship provided by the award contractor, said services shall be considered Additional Services and the consultant compensated accordingly, provided such services have been previously authorized in writing by the Owner. In addition, the Consultant and his architectural or engineering consultants, as applicable, shall perform an inspection of the construction contract and terminates at the earlier project eight to ten months after start of the issuance warranty period. A written report of the specific results shall be submitted to the Contractor of a Final Certificate of Payment or sixty (60) working Owner within 30 days after the date of substantial completion of the construction workinspection.

Construction Administration Phase. A.3.1 If the scope of approved work order assignment calls for construction administration services, the following shall apply: A.3.2 The Consultant shall visit the site at scheduled intervals appropriate to the stage of construction of the Project to become generally familiar with the quality and progress of the construction work that has been completed and to determine, in general, if the construction work is being performed in a manner indicating thatthat , when completed, the work will be in accordance with the contract documents. The Consultant shall not be required to make continuous and/or exhaustive on-site inspections to check the quality or the quantity of the construction work. On the basis of the on- site observations, the Consultant shall keep the Owner Client Agency informed of the progress and quality of the construction work in order to endeavor to guard the Client Agency and Owner against defects and deficiencies in the work. A.3.3 At all times the Consultant shall have access to the work to determine if it is proceeding in accordance with the Contract documentsDocuments. However, neither the Consultant nor its sub-consultants Sub- Consultants shall have control over or be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work; these are solely the Construction Contractor’s obligations under the contracts for construction. The Consultant shall not be responsible for Construction Contractor’s schedules or failure to carry out the work in accordance with the contract documentsContract Documents. Except as otherwise provided in this AGREEMENT, the Consultant shall not have control over or charge of acts and omissions of the contractorContractor’s, construction subcontractorsConstruction Subcontractors, or their agents or employees, or any other persons performing the work. A.3.4 Based on the Consultant’s observations and evaluations of the construction contractorConstruction Contractor’s Applications for Payment, the Consultant shall certify the amounts due to the construction contractorConstruction Contractor’s. The Consultant’s certification of payment Payment shall constitute a representation to the OwnerOwner and Client Agency , based on the Consultant’s observations at the site as provided above, and the data contained in the construction contractorConstruction Contractor’s Applications for Payment, that the construction contractorConstruction Contractor’s work on the project Project has progressed to the point indicated and the quality of the construction work is generally in accordance with the contract documentsContract Documents. The former representations are subject to an evaluation of the construction work for conformance with the contract documents Contract Documents upon substantial completion, to results of subsequent tests prior to completion and specific qualifications expressed by the Consultant. The issuance of Certificate of Payment shall further constitute a representation that the construction contractorConstruction Contractor’s subcontractors for the project Project are entitled to payment in the amount certified. Issuance of Certificates of Payments are not a representation that the Consultant has (1) made continuous and exhaustive inspections to check the quality or quantity of work, (2) reviewed the construction contractorConstruction Contractor’s construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from construction contractor’s subcontractors Construction Subcontractors and material suppliers and other data requested by the Owner to substantiate construction contractorConstruction Contractor’s right to payment or (4) ascertained how and for what purpose the construction contractorConstruction Contractor’s has have used money previously paid on account of contract Contract sum. These are the construction contractorConstruction Contractor’s responsibilities under the contracts for construction. A.3.5 Within ten (10) working days of the date that it receives a change order request from the OwnerClient Agency, the Consultant shall evaluate and make specific written recommendations, including verification of costs, on all contractor Contractor change orders that relate to the execution and progress of the work and on all matters or questions related thereto and, upon notification, shall attend and actively participate at administrative hearings or settlement conferences in connection with such change orders. If the nature of the work described in the change order is complex, the Owner representative Client Agency Representative may grant the Consultant additional time, if requested in writing by the Consultant, to evaluate the change order. A.3.6 The Consultant shall have the authority to reject construction work on the project that does not conform to the contract documentsContract Documents. In such cases the Consultant will advise the Owner Client Agency Representative of the rejection. Whenever the Consultant considers it necessary or advisable for implementation of the intent of the contract documentsContract Documents, the Consultant will have the authority to require additional inspection or testing of the work in accordance with the contract documentsContract Documents, whether or not such work is fabricated, installed or completed. However, neither the authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall create a duty or responsibility of or by the Consultant to the construction contractor’s construction subcontractorsConstruction Contractor’s, Construction Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the construction work on the projectProject. A.3.7 The Consultant shall review and approve or take other appropriate action upon the construction contractorConstruction Contractor’s submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documentsContract Documents. The Consultant’s action shall be taken with such reasonable promptness as to cause no delay on the construction work on the projectProject, while allowing for sufficient time in the Consultant’s professional judgment for adequate review. Since it is the construction contractorConstruction Contractor’s responsibility to do so under the contracts for construction, review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation and performance of equipment or systems designed by the construction contractorConstruction Contractor’s. Unless otherwise provided in this AGREEMENT, these remain the responsibility of the construction contractorConstruction Contractor’s to the extent required by the contract documentsContract Documents. The Consultant’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, manners, methods, techniques, sequences or procedures. The consultant’s approval of specific items shall not indicate approval of an assembly of which the item is component. When professional certification of performance characteristics of materials, systems or equipment is required by the contract documentsContract Documents, the Consultant shall be entitled to rely upon such certifications to establish that the materials, systems, or equipment will meet performance criteria required by the contract documentsContract Documents. A.3.8 The Consultant’s responsibilities for Construction Administration commences with the award of the construction contract and terminates at the earlier of the issuance to the Contractor of a Final Certificate of Payment or sixty (60) working days after the date of substantial completion of the construction work.

Construction Administration Phase. A.3.1 If 1.5.1 The Construction Administration Phase will commence with the scope award of work calls the Construction Contract and will terminate with final acceptance by the Owner's Representative. 1.5.2 The Consultant, as Designer, shall provide for construction administration services, Administration of the following Construction Phase as set forth in the State of Missouri Standard General Conditions. 1.5.3. The Consultant shall apply:advise and consult with the Owner's Representative and shall have authority to act on the behalf of the Owner to the extent provided the Designer in the General Conditions unless otherwise modified in writing. A.3.2 1.5.4. The Consultant shall at all times have access to the Work. 1.5.5. The Consultant shall visit the Project site at scheduled intervals appropriate as often as necessary to the stage of construction of the Project to become generally familiar with the quality and progress of the construction work satisfy him/herself that has been completed and to determine, in general, if the construction work is being performed in a manner indicating that, when completed, the work will be in accordance with the contract documents. The Consultant shall not be required to make continuous and/or exhaustive on-site inspections to check the quality or the quantity of the construction work. On the basis of the on- site observations, the Consultant shall keep the Owner informed of the progress and quality of the construction work in order to endeavor to guard the Owner against defects and deficiencies in the work. A.3.3 At all times the Consultant shall have access to the work to determine if it is proceeding in accordance with the Contract documentsdrawings and specifications and as necessary to discharge all the Designer’s responsibilities in the Construction Documents. HoweverAt a minimum this includes; a pre- construction meeting, neither one progress meeting per month during the construction period, a substantial completion inspection, a final inspection, and any other visits required by the construction documents for milestone events. Within one week of the preconstruction meeting, the Consultant nor its sub-consultants shall have control over provide to the Owner an anticipated schedule of visits based on construction milestones, periodic intervals or both. For each site visit made, the Consultant shall submit to the Owner’s Representative a written progress and observation report summarizing each visit and presenting the current status of the Project with regard to pending changes, design or construction problems and schedule variations. The Consultant shall note in the heading of the report the reason for the visits, i.e., included in the initial schedule, at the Owner’s request, or other additional site visits at no cost to the Owner. Other additional site visits necessitated by the Consultant’s error, omission, unauthorized changes or negligence, shall be accomplished without additional cost to the Owner. All observations, including those specified to be performed by the Designer in the Contract Documents and all clarifications required, shall be scheduled, performed and issued in a manner to prevent delay to the Contractor. The Consultant shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work; these are solely Work, and the Construction Contractor’s obligations under the contracts for construction. The Consultant shall not be responsible for Construction the Contractor’s schedules or failure to carry out the work Work in accordance with the contract documentsConstruction Documents, nor for the acts or omissions of the Contractor or Subcontractors, or any other person performing work. Except as otherwise provided in this AGREEMENTHowever, the Consultant shall report practices which are not have control over or charge of acts and omissions in the best interest of the contractor’sOwner with regard to cost, construction subcontractorsschedule, or their agents or employees, or any other persons performing etc. to the workOwner’s Representative. A.3.4 1.5.6. Based on such observations at the Consultant’s observations site on the approved Contractor's construction schedule, and evaluations of on the construction contractor’s Applications Contractor's written request for Paymentpayment, the Consultant shall certify determine the amounts due amount owed to the construction contractor’sContractor and shall certify requests for payment in such amounts. The Consultant’s certification Consultant shall recommend payment on the basis of payment shall constitute a representation Work complete to date; and that to the Owner, based on best of the Consultant’s observations at the site as provided above's knowledge, information and the data contained in the construction contractor’s Applications for Paymentbelief, that the construction contractor’s work on the project has progressed to the point indicated and the quality of the construction work Work is generally in accordance with the contract documentsConstruction Documents. The former representations are subject Such certification shall not be deemed to an evaluation of the construction work for conformance with the contract documents upon substantial completion, to results of subsequent tests prior to completion and specific qualifications expressed by the Consultant. The issuance of Certificate of Payment shall further constitute a representation that the construction contractor’s subcontractors for the project are entitled to payment in the amount certified. Issuance of Certificates of Payments are not a representation represent that the Consultant has (1) made continuous and exhaustive inspections any examination to check the quality or quantity of work, (2) reviewed the construction contractor’s construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from construction contractor’s subcontractors and material suppliers and other data requested by the Owner to substantiate construction contractor’s right to payment or (4) ascertained ascertain how and for what purpose the construction contractor’s Contractor has used money previously paid on account of contract sum. These are the construction contractor’s responsibilities under the contracts for constructionmoneys paid. A.3.5 Within ten (10) working days of the date that it receives a change order request from the Owner, the Consultant shall evaluate and make specific written recommendations, including verification of costs, on all contractor change orders that relate to the execution and progress of the work and on all matters or questions related thereto and, upon notification, shall attend and actively participate at administrative hearings or settlement conferences in connection with such change orders1.5.7. If the nature of the work described in the change order is complex, the Owner representative may grant the Consultant additional time, if requested in writing by the Consultant, to evaluate the change order. A.3.6 The Consultant shall have act as the authority to reject construction work on initial interpreter of the project that requirements of the Construction Documents. However, this paragraph shall in no way abrogate the provisions of Article IV of this Agreement. 1.5.8. The Consultant may recommend rejection of Work which does not conform to the contract documents. In such cases the Consultant will advise the Owner of the rejectionConstruction Documents. Whenever the Consultant considers it necessary or advisable for implementation to confirm the requirements of the intent Construction Documents, he may request approval of the contract documents, the Consultant will have the authority to require additional Owner's Representative for special inspection or testing of the work in accordance with the contract documents, whether or not such work is fabricated, installed or completed. However, neither the authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall create a duty or responsibility of or by the Consultant to the construction contractor’s construction subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the construction work on the projectand/or testing. A.3.7 1.5.9. The Consultant shall review and approve or take other appropriate action upon the construction contractor’s submittals such as shop drawings, product data and samples, but only for and other information request or submissions of the limited purpose of checking Contractor for conformance with information given and the design concept expressed of the Project and for compliance with the information given in the Construction Documents. The Consultant shall respond to and return said items to the Contractor within ten (10) consecutive working days of receipt thereof. 1.5.10. The Consultant shall prepare Change Order Requests in accordance with the form and procedures prescribed by the Owner's Representative. The Consultant shall provide a detailed construction cost estimate for each Change Order Request. 1.5.11. The Consultant must recommend approval or disapproval of all Contractor requests for substitutions as required in the contract documentsGeneral Conditions. 1.5.12. The Consultant’s action shall be taken with such reasonable promptness as to cause no delay on During the construction work on the project, while allowing for sufficient time in the Consultant’s professional judgment for adequate review. Since it is the construction contractor’s responsibility to do so under the contracts for construction, review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation and performance of equipment or systems designed by the construction contractor’s. Unless otherwise provided in this AGREEMENT, these remain the responsibility warranty period of the construction contractor’s to the extent required by the contract documents. The Consultant’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, manners, methods, techniques, sequences or procedures. The consultant’s approval of specific items shall not indicate approval of an assembly of which the item is component. When professional certification of performance characteristics of materials, systems or equipment is required by the contract documentsConstruction Contract(s), the Consultant shall be entitled on request work with the Owner's Representative to rely upon such certifications to establish secure correction of any defects that the materials, systems, or equipment will meet performance criteria required become apparent. Services provided by the contract documents. A.3.8 The Consultant’s responsibilities for Construction Administration commences with Consultant during the award of the construction contract and terminates warranty period shall be provided at the earlier of the issuance no cost to the Contractor of a Final Certificate of Payment Owner if said services are necessary to correct defects in the Work resulting from errors or sixty (60) working days after omissions in the date of substantial completion of design prepared by the construction workConsultant. However, if such services are provided to correct defects resulting from defective material or poor workmanship provided by the Contractor, said services shall be considered Consultant Change orders and the Consultant compensated accordingly provided such services have been previously authorized in writing by the Owner's Representative.

Construction Administration Phase. A.3.1 If 1.5.1. The Construction Administration Phase will commence with the scope award of work calls the Construction Contract and will terminate with final acceptance by the Owner's Representative. 1.5.2. The Consultant, as Designer, shall provide for construction administration services, Administration of the following Construction Phase as set forth in the State of Missouri Standard General Conditions. 1.5.3. The Consultant shall apply:advise and consult with the Owner's Representative and shall have authority to act on the behalf of the Owner to the extent provided the Designer in the General Conditions unless otherwise modified in writing. A.3.2 1.5.4. The Consultant shall at all times have access to the Work. 1.5.5. The Consultant shall visit the Project site at scheduled intervals appropriate as often as necessary to the stage of construction of the Project to become generally familiar with the quality and progress of the construction work satisfy him/herself that has been completed and to determine, in general, if the construction work is being performed in a manner indicating that, when completed, the work will be in accordance with the contract documents. The Consultant shall not be required to make continuous and/or exhaustive on-site inspections to check the quality or the quantity of the construction work. On the basis of the on- site observations, the Consultant shall keep the Owner informed of the progress and quality of the construction work in order to endeavor to guard the Owner against defects and deficiencies in the work. A.3.3 At all times the Consultant shall have access to the work to determine if it is proceeding in accordance with the Contract documentsdrawings and specifications and as necessary to discharge all the Designer’s responsibilities in the Construction Documents. HoweverAt a minimum this includes; a pre- construction meeting, neither one progress meeting per month during the construction period, a substantial completion inspection, a final inspection, and any other visits required by the construction documents for milestone events. Within one week of the preconstruction meeting, the Consultant nor its sub-consultants shall have control over provide to the Owner an anticipated schedule of visits based on construction milestones, periodic intervals or both. For each site visit made, the Consultant shall submit to the Owner’s Representative a written progress and observation report summarizing each visit and presenting the current status of the Project with regard to pending changes, design or construction problems and schedule variations. The Consultant shall note in the heading of the report the reason for the visits, i.e., included in the initial schedule, at the Owner’s request, or other additional site visits at no cost to the Owner. Other additional site visits necessitated by the Consultant’s error, omission, unauthorized changes or negligence, shall be accomplished without additional cost to the Owner. All observations, including those specified to be performed by the Designer in the Contract Documents and all clarifications required, shall be scheduled, performed and issued in a manner to prevent delay to the Contractor. The Consultant shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work; these are solely Work, and the Construction Contractor’s obligations under the contracts for construction. The Consultant shall not be responsible for Construction the Contractor’s schedules or failure to carry out the work Work in accordance with the contract documentsConstruction Documents, nor for the acts or omissions of the Contractor or Subcontractors, or any other person performing work. Except as otherwise provided in this AGREEMENTHowever, the Consultant shall report practices which are not have control over or charge of acts and omissions in the best interest of the contractor’sOwner with regard to cost, construction subcontractorsschedule, or their agents or employees, or any other persons performing etc. to the workOwner’s Representative. A.3.4 1.5.6. Based on such observations at the Consultant’s observations site on the approved Contractor's construction schedule, and evaluations of on the construction contractor’s Applications Contractor's written request for Paymentpayment, the Consultant shall certify determine the amounts due amount owed to the construction contractor’sContractor and shall certify requests for payment in such amounts. The Consultant’s certification Consultant shall recommend payment on the basis of payment shall constitute a representation Work complete to date; and that to the Owner, based on best of the Consultant’s observations at the site as provided above's knowledge, information and the data contained in the construction contractor’s Applications for Paymentbelief, that the construction contractor’s work on the project has progressed to the point indicated and the quality of the construction work Work is generally in accordance with the contract documentsConstruction Documents. The former representations are subject Such certification shall not be deemed to an evaluation of the construction work for conformance with the contract documents upon substantial completion, to results of subsequent tests prior to completion and specific qualifications expressed by the Consultant. The issuance of Certificate of Payment shall further constitute a representation that the construction contractor’s subcontractors for the project are entitled to payment in the amount certified. Issuance of Certificates of Payments are not a representation represent that the Consultant has (1) made continuous and exhaustive inspections any examination to check the quality or quantity of work, (2) reviewed the construction contractor’s construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from construction contractor’s subcontractors and material suppliers and other data requested by the Owner to substantiate construction contractor’s right to payment or (4) ascertained ascertain how and for what purpose the construction contractor’s Contractor has used money previously paid on account of contract sum. These are the construction contractor’s responsibilities under the contracts for constructionmoneys paid. A.3.5 Within ten (10) working days of the date that it receives a change order request from the Owner, the Consultant shall evaluate and make specific written recommendations, including verification of costs, on all contractor change orders that relate to the execution and progress of the work and on all matters or questions related thereto and, upon notification, shall attend and actively participate at administrative hearings or settlement conferences in connection with such change orders1.5.7. If the nature of the work described in the change order is complex, the Owner representative may grant the Consultant additional time, if requested in writing by the Consultant, to evaluate the change order. A.3.6 The Consultant shall have act as the authority to reject construction work on initial interpreter of the project that requirements of the Construction Documents. However, this paragraph shall in no way abrogate the provisions of Article IV of this Agreement. 1.5.8. The Consultant may recommend rejection of Work which does not conform to the contract documents. In such cases the Consultant will advise the Owner of the rejectionConstruction Documents. Whenever the Consultant considers it necessary or advisable for implementation to confirm the requirements of the intent Construction Documents, he may request approval of the contract documents, the Consultant will have the authority to require additional Owner's Representative for special inspection or testing of the work in accordance with the contract documents, whether or not such work is fabricated, installed or completed. However, neither the authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall create a duty or responsibility of or by the Consultant to the construction contractor’s construction subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the construction work on the projectand/or testing. A.3.7 1.5.9. The Consultant shall review and approve or take other appropriate action upon the construction contractor’s submittals such as shop drawings, product data and samples, but only for and other information request or submissions of the limited purpose of checking Contractor for conformance with information given and the design concept expressed of the Project and for compliance with the information given in the Construction Documents. The Consultant shall respond to and return said items to the Contractor within ten (10) consecutive working days of receipt thereof. 1.5.10. The Consultant shall prepare Change Order Requests in accordance with the form and procedures prescribed by the Owner's Representative. The Consultant shall provide a detailed construction cost estimate for each Changer Order Request. 1.5.11. The Consultant must recommend approval or disapproval of all Contractor requests for substitutions as required in the contract documentsGeneral Conditions. 1.5.12. The Consultant’s action shall be taken with such reasonable promptness as to cause no delay on During the construction work on the project, while allowing for sufficient time in the Consultant’s professional judgment for adequate review. Since it is the construction contractor’s responsibility to do so under the contracts for construction, review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation and performance of equipment or systems designed by the construction contractor’s. Unless otherwise provided in this AGREEMENT, these remain the responsibility warranty period of the construction contractor’s to the extent required by the contract documents. The Consultant’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, manners, methods, techniques, sequences or procedures. The consultant’s approval of specific items shall not indicate approval of an assembly of which the item is component. When professional certification of performance characteristics of materials, systems or equipment is required by the contract documentsConstruction Contract(s), the Consultant shall be entitled on request work with the Owner's Representative to rely upon such certifications to establish secure correction of any defects that the materials, systems, or equipment will meet performance criteria required become apparent. Services provided by the contract documents. A.3.8 The Consultant’s responsibilities for Construction Administration commences with Consultant during the award of the construction contract and terminates warranty period shall be provided at the earlier of the issuance no cost to the Contractor of a Final Certificate of Payment Owner if said services are necessary to correct defects in the Work resulting from errors or sixty (60) working days after omissions in the date of substantial completion of design prepared by the construction workConsultant. However, if such services are provided to correct defects resulting from defective material or poor workmanship provided by the Contractor, said services shall be considered Consultant Change orders and the Consultant compensated accordingly provided such services have been previously authorized in writing by the Owner's Representative.