Common use of Construction Administration Clause in Contracts

Construction Administration. 2.8.1 Professional's responsibility to provide Construction Administration Services commences with Owner's execution of the Construction Management Agreement and such responsibility shall continue until Final Completion of the Project. 2.8.2 Professional shall carry out its Construction Administration Services as set forth in: (a) this Section 2.8, (b) the Agreement for Construction Management Services between Owner and Construction Manager (“CM Agreement”) and (c) the UCF Professional Services Guide. To the extent the terms of this Agreement, the CM Agreement and the UCF Professional Services Guide, are inconsistent with the terms of this Agreement, the terms of this Agreement shall govern. 2.8.3 Duties, responsibilities and limitations of authority of Professional shall not be restricted, modified or extended without written agreement of Owner and Professional. 2.8.4 Professional shall be a representative of, and shall advise and consult with, Owner during construction until final payment to Construction Manager is made. Professional shall have authority to act on behalf of Owner only to the extent provided in this Agreement. 2.8.5 Professional shall attend weekly scheduled construction meetings at the Project Site and shall provide such representation as may be required to fulfill the intent and interpretation of the Construction Documents for the Project. Professional’s consultants shall attend weekly scheduled construction meetings at the Project Site during the periods of time when Work that is subject of their design documents is being coordinated and installed. In addition, Professional and Professional’s consultants shall meet on site or at a location designated by the Owner as required to resolve any conflicts arising from errors, omissions, and deficiencies in the Project at no additional cost to the Owner. On the basis of on-site observations as an architect or as an engineer, as applicable, Professional and Professional’s consultants shall keep Owner informed of the progress and quality of the Work and shall guard Owner against defects and deficiencies in the Work. 2.8.6 Professional shall not have control over, or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. 2.8.7 Professional shall at all times have access to the Work wherever it is in preparation or progress. 2.8.8 Professional shall keep Owner apprised of all contacts and/or communications between Professional and Construction Manager. Professional shall copy Owner on all correspondence between Professional and Construction Manager. 2.8.9 Prior to Construction Manager’s first application for payment, Professional and Professional’s consultants shall review Construction Manager’s schedule of values and advise Owner in writing of any recommended adjustments. 2.8.10 Based on Professional's observations and evaluations of Construction Manager’s applications for payment, Professional shall review and certify the amounts due Construction Manager. Professional's certification for payment shall constitute a representation to Owner, based on Professional's observations at the Project Site and on the data comprising Construction Manager’s application for payment, that the Work has progressed to the point indicated and that, to the best of Professional's knowledge, information and belief, the quality of the Work is in accordance with the Construction Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Construction Documents upon Architect’s Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Construction Documents correctable prior to completion and to specific qualifications expressed by Professional. The issuance of a certificate or recommendation for payment shall further constitute a representation that Construction Manager is entitled to payment in the amount certified or recommended. 2.8.11 Professional shall promptly notify Owner in writing of any Work Professional observes which does not conform to the Construction Documents. Whenever Professional considers it necessary or advisable for implementation of the intent of the Construction Documents, Professional will have authority to require additional inspection or testing of the Work in accordance with the provisions of the CM Agreement, whether or not such Work is fabricated, installed or completed. However, neither this authority of Professional nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of Professional to Construction Manager, its subcontractors, material and equipment suppliers, any of their agents or employees or other persons performing portions of the Work. 2.8.12 Professional shall review Construction Manager’s submittal and procurement schedule, which shall be required to include shop drawings, product data, samples, warrantees, and other submittals required by Contract Documents, in tabular form which shall be required to indicate Specification section number and section name (CSI Format). 2.8.13 Professional shall review, certify, approve, reject or take other appropriate action upon Construction Manager's requests for information and submittals, such as shop drawings, product data and samples. Professional shall not approve any submittals unless such submittals conform to: (a) the Facilities Program, OPR, and BOD; (b) the Construction Documents; (c) Owner’s total budgeted Construction Cost; (d) the UCF Design and Construction Standards; and (e) Applicable Laws and other requirements authorities having jurisdiction. In the event the UCF Design and Construction Standards exceed applicable legal requirements, the stricter or greater UCF Design and Construction Standards shall govern. Professional's review shall be completed, and response shall be delivered simultaneously to Construction Manager and Owner, within the time specified for such review and response in the Project schedule or in a submittal schedule approved by Owner and, if no such time is specified, with such promptness so that all Work can be performed without delay and all products or materials may be ordered or fabricated with sufficient time to meet the Project schedule. Professional shall maintain a master file of all 2.8.14 Professional shall promptly review: (a) claims for extra compensation or extensions of time from Construction Manager, and (b) proposed (i) substitutions, (ii) value engineering suggestions and (iii) change orders to the CM Agreement, and make written recommendations to Owner concerning such claims and proposals. Additionally, Professional shall provide Owner all applicable documentation pursuant to above noted claims and proposals at no additional cost to Owner. 2.8.15 Professional shall review and advise Owner concerning change orders and construction change directives and, if required, prepare supporting documentation, data, and supplemental drawings required in connection with Owner approved change orders and construction change directives. 2.8.16 Professional shall conduct inspections to determine the date or dates of Architect’s Substantial Completion and Final Completion, shall receive and forward to Owner for Owner's review and records, written warranties and related documents required by the CM Agreement and assembled by Construction Manager, and shall issue a final certificate or recommendation for payment upon compliance by Construction Manager with the requirements of the CM Agreement. 2.8.17 Professional's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the construction documents, and if concurred with by Owner. 2.8.18 Professional shall prepare record drawings at Project completion, including original “red lined” set and corrected AutoCAD files on recorded CD or DVD. These drawings shall include changes made to the Construction Documents, including changes made by change orders, construction change directives, and addenda to the Construction Documents. 2.8.19 Professional shall perform all of its required services relating to Architect’s Substantial Completion and Final Completion in accordance with Owner’s then current policies, procedures and standards.

Construction Administration. 2.8.1 Professional's responsibility to provide Construction Administration Services commences with Owner's execution of the Construction Management Agreement and such responsibility shall continue until Final Completion of the Project. 2.8.2 . Professional shall carry out its Construction Administration Services as set forth in: (a) this Section 2.8, (b) the Agreement for Construction Management Services between Owner and Construction Manager (“CM Agreement”) and (c) the UCF Professional Services Guide. To the extent the terms of this Agreement, the CM Agreement and the UCF Professional Services Guide, are inconsistent with the terms of this Agreement, the terms of this Agreement shall govern. 2.8.3 . Duties, responsibilities and limitations of authority of Professional shall not be restricted, modified or extended without written agreement of Owner and Professional. 2.8.4 . Professional shall be a representative of, and shall advise and consult with, Owner during construction until final payment to Construction Manager is made. Professional shall have authority to act on behalf of Owner only to the extent provided in this Agreement. 2.8.5 . Professional shall attend weekly scheduled construction meetings at the Project Site and shall provide such representation as may be required to fulfill the intent and interpretation of the Construction Documents for the Project. Professional’s consultants shall attend weekly scheduled construction meetings at the Project Site during the periods of time when Work that is subject of their design documents is being coordinated and installed. In addition, Professional and Professional’s consultants shall meet on site or at a location designated by the Owner as required to resolve any conflicts arising from errors, omissions, and deficiencies in the Project at no additional cost to the Owner. On the basis of on-site observations as an architect or as an engineer, as applicable, Professional and Professional’s consultants shall keep Owner informed of the progress and quality of the Work and shall guard Owner against defects and deficiencies in the Work. 2.8.6 . Professional shall not have control over, or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. 2.8.7 , since these are solely Construction Manager’s responsibility under the CM Agreement. Professional shall not be responsible for Construction Manager’s schedules or failure to carry out the Work in accordance with the Construction Documents. Professional shall not have control over or charge of acts or omissions of Construction Manager, its subcontractors, or any of their agents or employees, or of any other persons performing portions of the Work. Professional shall at all times have access to the Work wherever it is in preparation or progress. 2.8.8 . Professional shall keep Owner apprised of all contacts and/or communications between Professional and Construction Manager. Professional shall copy Owner on all correspondence between Professional and Construction Manager. 2.8.9 . Prior to Construction Manager’s first application for payment, Professional and Professional’s consultants shall review Construction Manager’s schedule of values and advise Owner in writing of any recommended adjustments. 2.8.10 . Based on Professional's observations and evaluations of Construction Manager’s applications for payment, Professional shall review and certify the amounts due Construction Manager. Professional's certification for payment shall constitute a representation to Owner, based on Professional's observations at the Project Site and on the data comprising Construction Manager’s application for payment, that the Work has progressed to the point indicated and that, to the best of Professional's knowledge, information and belief, the quality of the Work is in accordance with the Construction Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Construction Documents upon Architect’s Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Construction Documents correctable prior to completion and to specific qualifications expressed by Professional. The issuance of a certificate or recommendation for payment shall further constitute a representation that Construction Manager is entitled to payment in the amount certified or recommended. 2.8.11 . Professional shall promptly notify Owner in writing of any Work Professional observes which does not conform to the Construction Documents. Whenever Professional considers it necessary or advisable for implementation of the intent of the Construction Documents, Professional will have authority to require additional inspection or testing of the Work in accordance with the provisions of the CM AgreementAgreement , whether or not such Work is fabricated, installed or completed. However, neither this authority of Professional nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of Professional to Construction Manager, its subcontractors, material and equipment suppliers, any of their agents or employees or other persons performing portions of the Work. 2.8.12 . Professional shall review Construction Manager’s submittal and procurement schedule, which shall be required to include shop drawings, product data, samples, warrantees, and other submittals required by Contract Documents, in tabular form which shall be required to indicate Specification section number and section name (CSI Format). 2.8.13 . Professional shall review, certify, approve, reject or take other appropriate action upon Construction Manager's requests for information and submittals, such as shop drawings, product data and samples. Professional shall not approve any submittals unless such submittals conform to: (a) the Facilities Program, OPR, and BOD; (b) the Construction Documents; (c) Owner’s total budgeted Construction Cost; (d) the UCF Design and Construction Standards; and (e) Applicable Laws and other requirements authorities having jurisdiction. In the event the UCF Design and Construction Standards exceed applicable legal requirements, the stricter or greater UCF Design and Construction Standards shall govern. Professional's review shall be completed, and response shall be delivered simultaneously to Construction Manager and Owner, within the time specified for such review and response in the Project schedule or in a submittal schedule approved by Owner and, if no such time is specified, with such promptness so that all Work can be performed without delay and all products or materials may be ordered or fabricated with sufficient time to meet the Project schedule. Professional shall maintain a master file of all 2.8.14 all requests for information and submittals, including submittal register, made to Professional, with duplicates for Owner. Professional shall promptly review: (a) claims for extra compensation or extensions of time from Construction Manager, and (b) proposed (i) substitutions, (ii) value engineering suggestions and (iii) change orders to the CM Agreement, and make written recommendations to Owner concerning such claims and proposals. Additionally, Professional shall provide Owner all applicable documentation pursuant to above noted claims and proposals at no additional cost to Owner. 2.8.15 . Professional shall review and advise Owner concerning change orders and construction change directives and, if required, prepare supporting documentation, data, and supplemental drawings required in connection with Owner approved change orders and construction change directives. 2.8.16 . Professional shall conduct inspections to determine the date or dates of Architect’s Substantial Completion and Final Completion, shall receive and forward to Owner for Owner's review and records, written warranties and related documents required by the CM Agreement and assembled by Construction Manager, and shall issue a final certificate or recommendation for payment upon compliance by Construction Manager with the requirements of the CM Agreement. 2.8.17 . Professional shall interpret and render initial decisions on matters concerning performance of Owner and Construction Manager under the requirements of the CM Agreement on written request of either Owner or Construction Manager. Professional's response to such request shall be made within fifteen (15) days of receipt of such a request. Interpretations and decisions of Professional shall be consistent with the intent of, and reasonably inferable from, the Construction Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, Professional shall endeavor to secure faithful performance by both Owner and Construction Manager and shall not show partiality to either. Professional's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the construction documents, and if concurred with by Owner. 2.8.18 . Professional shall prepare record drawings at Project completion, including original “red lined” set and corrected AutoCAD files on recorded CD or DVD. These drawings shall include changes made to the Construction Documents, including changes made by change orders, construction change directives, and addenda to the Construction Documents. 2.8.19 . Professional shall perform all of its required services relating to Architect’s Substantial Completion and Final Completion in accordance with Owner’s then current policies, procedures and standards.

Construction Administration. 2.8.1 Professional's responsibility to provide Construction Administration Services commences with Owner's execution of the Construction Management Contractor’s Agreement and such responsibility shall continue until Final Completion of the Project. 2.8.2 Professional shall carry out its Construction Administration Services as set forth in: (a) this Section Paragraph 2.8, and (b) the Agreement for Construction Management Services between Owner and Construction Manager (“CM Agreement”) and (c) the UCF Professional Services Guide. To the extent the terms of this Agreement, the CM Agreement and the UCF Professional Services Guide, Guide are inconsistent with the terms of this Agreement, the terms of this Agreement shall govern. 2.8.3 Duties, responsibilities and limitations of authority of Professional shall not be restricted, modified or extended without written agreement of Owner and Professional. 2.8.4 Professional shall be a representative of, and shall advise and consult with, Owner during construction until final payment to Construction Manager is madeconstruction. Professional shall have authority to act on behalf of Owner only to the extent provided in this Agreement. 2.8.5 Professional shall attend weekly scheduled construction meetings at the Project Site and shall provide such representation as may be required to fulfill the intent and interpretation of the Construction Documents for the Project. Professional’s consultants shall attend weekly scheduled construction meetings at the Project Site during the periods of time when Work that is subject of their design documents is being coordinated and installed. In addition, Professional and Professional’s consultants shall meet on site or at a location designated by the Owner as required to resolve any conflicts arising from errors, omissions, and deficiencies in the Project at no additional cost to the Owner. On the basis of on-site observations as an architect or as an engineer, as applicable, Professional and Professional’s consultants shall keep Owner informed of the progress and quality of the Work and shall guard Owner against defects and deficiencies in the Work. 2.8.6 Professional shall not have control over, or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. 2.8.7 Professional shall at all times have access to the Work wherever it is in preparation or progress. 2.8.8 Professional shall keep Owner apprised of all contacts and/or communications between Professional and Construction ManagerContractor. Professional shall copy Owner on all correspondence between Professional and Construction ManagerContractor. 2.8.9 Where Owner has selected a Construction Manager for the Project: 2.8.9.1 Prior to Construction Manager’s first application for payment, Professional and Professional’s consultants shall review Construction Manager’s schedule of values and advise Owner in writing of any recommended adjustments. 2.8.10 2.8.9.2 Based on Professional's observations and evaluations of Construction Manager’s applications for payment, Professional shall review and certify the amounts due Construction Manager. Professional's certification for payment shall constitute a representation to Owner, based on Professional's observations at the Project Site and on the data comprising Construction Manager’s application for payment, that the Work has progressed to the point indicated and that, to the best of Professional's knowledge, information and belief, the quality of the Work is in accordance with the Construction Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Construction Documents upon Architect’s Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Construction Documents correctable prior to completion and to specific qualifications expressed by Professional. The issuance of a certificate or recommendation for payment shall further constitute a representation that Construction Manager is entitled to payment in the amount certified or recommended. 2.8.11 Professional shall promptly notify Owner in writing of any Work Professional observes which does not conform to the Construction Documents. Whenever Professional considers it necessary or advisable for implementation of the intent of the Construction Documents, Professional will have authority to require additional inspection or testing of the Work in accordance with the provisions of the CM Agreement, whether or not such Work is fabricated, installed or completed. However, neither this authority of Professional nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of Professional to Construction Manager, its subcontractors, material and equipment suppliers, any of their agents or employees or other persons performing portions of the Work. 2.8.12 2.8.9.3 Professional shall review Construction Manager’s submittal and procurement schedule, which shall be required to include shop drawings, product data, samples, warrantees, and other submittals required by Contract Documents, in tabular form which shall be required to indicate Specification section number and section name (CSI Format). 2.8.13 2.8.9.4 Professional shall review, certify, approve, reject or take other appropriate action upon Construction Manager's requests for information and submittals, such as shop drawings, product data and samples. Professional shall not approve any submittals unless such submittals conform to: (a) the Facilities Program, OPR, and BOD; (b) the Construction Documents; (c) Owner’s total budgeted Construction Cost; (d) the UCF Design and Construction Standards; and (e) Applicable Laws and other requirements authorities having jurisdiction. In the event the UCF Design and Construction Standards exceed applicable legal requirements, the stricter or greater UCF Design and Construction Standards shall govern. Professional's review shall be completed, and response shall be delivered simultaneously to Construction Manager and to Owner, within the time specified for such review and response in the Project schedule or in a submittal schedule approved by Owner and, if no such time is specified, with such promptness so that all Work can be performed without delay and all products or materials may be ordered or fabricated with sufficient time to meet the Project schedule. with 2.8.9.5 Professional shall maintain interpret and render initial decisions on matters concerning performance of Owner and Construction Manager under the requirements of the construction agreement on written request of either Owner or Construction Manager. Professional's response to such request shall be made within fifteen (15) days of receipt of such a master file request. Interpretations and decisions of allProfessional shall be consistent with the intent of, and reasonably inferable from, the Construction Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, Professional shall endeavor to secure faithful performance by both Owner and Construction Manager and shall not show partiality to either. 2.8.14 2.8.10 Professional shall promptly notify Owner in writing of any Work Professional observes which does not conform to the Construction Documents. Whenever Professional considers it necessary or advisable for implementation of the intent of the Construction Documents, Professional will have authority to require additional inspection or testing of the Work, whether or not such Work is fabricated, installed or completed. However, neither this authority of Professional, nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of Professional to Contractor, its subcontractors, material and equipment suppliers, any of their agents or employees or other persons performing portions of the Work. 2.8.11 Professional shall promptly review: (a) claims for extra compensation or extensions of time from Construction ManagerContractor, and (b) proposed (i) substitutions, (ii) value engineering suggestions and (iii) change orders to the CM Agreementorders, and make written recommendations to Owner concerning such claims and proposals. Additionally, Professional shall provide Owner all applicable documentation pursuant to above noted claims and proposals at no additional cost to Owner. 2.8.15 Professional shall review and advise Owner concerning change orders and construction change directives and, if required, prepare supporting documentation, data, and supplemental drawings required in connection with Owner approved change orders and construction change directives. 2.8.16 2.8.12 Professional shall conduct inspections to determine the date or dates of Architect’s Substantial Completion and Final Completion, shall receive and forward to Owner for Owner's review and records, written warranties and related documents required by the CM Contractor’s Agreement and assembled by Construction ManagerContractor, and shall and, when applicable, issue a final certificate or recommendation for payment upon compliance by Construction Manager Contractor with the requirements of the CM Agreementconstruction agreement. 2.8.17 2.8.13 Professional's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the construction documents, and if concurred with by Owner. 2.8.18 2.8.14 Professional shall prepare record drawings at Project completion, including original “red lined” set and corrected AutoCAD files on recorded CD or DVD. These drawings shall include changes made to the Construction Documents, including changes made by change orders, construction change directives, and addenda to the Construction Documents.These 2.8.19 2.8.15 Professional shall perform all of its required services relating to Architect’s Substantial Completion and Final Completion in accordance with Owner’s then current policies, procedures and standards. 2.8.16 Professional shall provide Owner with professional photographs of the completed Project, for use by Owner without credit to the photographer. Owner shall be entitled to digital copies of all said photographs taken of the Project.

Construction Administration. 2.8.1 Professional's responsibility to provide Construction Administration Services commences with Owner's execution of the Construction Management Contractor’s Agreement and such responsibility shall continue until Final Completion of the Project. 2.8.2 Professional shall carry out its Construction Administration Services as set forth in: (a) this Section 2.8, and (b) the Agreement for Construction Management Services between Owner and Construction Manager (“CM Agreement”) and (c) the UCF Professional Services Guide. To the extent the terms of this Agreement, the CM Agreement and the UCF Professional Services Guide, Guide are inconsistent with the terms of this Agreement, the terms of this Agreement shall govern. 2.8.3 Duties, responsibilities and limitations of authority of Professional shall not be restricted, modified or extended without written agreement of Owner and Professional. 2.8.4 Professional shall be a representative of, and shall advise and consult with, Owner during construction until final payment to Construction Manager is madeconstruction. Professional shall have authority to act on behalf of Owner only to the extent provided in this Agreement. 2.8.5 Professional shall attend weekly scheduled construction meetings at the Project Site and shall provide such representation as may be required to fulfill the intent and interpretation of the Construction Documents for the Project. Professional’s consultants shall attend weekly scheduled construction meetings at the Project Site during the periods of time when Work that is subject of their design documents is being coordinated and installed. In addition, Professional and Professional’s consultants shall meet on site or at a location designated by the Owner as required to resolve any conflicts arising from errors, omissions, and deficiencies in the Project at no additional cost to the Owner. On the basis of on-site observations as an architect or as an engineer, as applicable, Professional and Professional’s consultants shall keep Owner informed of the progress and quality of the Work and shall guard Owner against defects and deficiencies in the Work. 2.8.6 Professional shall not have control over, or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. 2.8.7 Professional shall at all times have access to the Work wherever it is in preparation or progress. 2.8.8 Professional shall keep Owner apprised of all contacts and/or communications between Professional and Construction ManagerContractor. Professional shall copy Owner on all correspondence between Professional and Construction ManagerContractor. 2.8.9 Prior Where Owner has selected a Construction Manager for the project, prior to Construction Manager’s first application for paymentProgress Payment Application, Professional and Professional’s consultants shall review Construction Manager’s schedule of values and advise Owner in writing of any recommended adjustments. 2.8.10 Based Where Owner has selected a Construction Manager for the Project, and based on Professional's observations and evaluations of Construction Manager’s applications for paymentProgress Payment Application, Professional shall review and certify the amounts due Construction Manager. Professional's certification for payment shall constitute a representation to Owner, based on Professional's observations at the Project Site and on the data comprising Construction Manager’s application for paymentProgress Payment Application, that the Work has progressed to the point indicated and that, to the best of Professional's knowledge, information and belief, the quality of the Work is in accordance with the Construction Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Construction Documents upon Architect’s Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Construction Documents correctable prior to completion and to specific qualifications expressed by Professional. The issuance of a certificate or recommendation for payment shall further constitute a representation that Construction Manager is entitled to payment in the amount certified or recommended. 2.8.11 Professional shall promptly notify Owner in writing of any Work Professional observes which does not conform to the Construction Documents. Whenever Professional considers it necessary or advisable for implementation of the intent of the Construction Documents, Professional will have authority to require additional inspection or testing of the Work in accordance with the provisions of the CM AgreementWork, whether or not such Work is fabricated, installed or completed. However, neither this authority of Professional Professional, nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of Professional to Construction ManagerContractor, its subcontractors, material and equipment suppliers, any of their agents or employees or other persons performing portions of the Work. 2.8.12 Where Owner has selected a Construction Manager for the Project, Professional shall review Construction Manager’s submittal and procurement schedule, which shall be required to include shop drawings, product data, samples, warrantees, and other submittals required by Contract Documents, in tabular form which shall be required to indicate Specification section number and section name (CSI Format). 2.8.13 Professional shall review, certify, approve, reject or take other appropriate action upon Construction Manager's requests for information and submittals, such as shop drawings, product data and samples. Professional shall not approve any submittals unless such submittals conform to: (a) the Facilities Building Program, OPR, and BOD; (b) the Construction Documents; (c) Owner’s total budgeted Construction Cost; (d) the UCF Design and Construction Owner’s Standards; and (e) Applicable Laws and other requirements authorities having jurisdiction. In the event the UCF Design and Construction Standards exceed applicable legal requirements, the stricter or greater UCF Design and Construction Standards shall govern. Professional's review shall be completed, and response shall be delivered simultaneously to Construction Manager and to Owner, within the time specified for such review and response in the Project schedule or in a submittal schedule approved by Owner and, if no such time is specified, with such promptness so that all Work can be performed without delay and all products or materials may be ordered or fabricated with sufficient time to meet the Project schedule. Professional shall maintain a master file of allall requests for information and submittals, including submittal register, made to Professional, with duplicates for Owner. 2.8.14 Professional shall promptly review: (a) claims for extra compensation or extensions of time from Construction ManagerContractor, and (b) proposed (i) substitutions, (ii) value engineering suggestions and (iii) change orders to the CM Agreementorders, and make written recommendations to Owner concerning such claims and proposals. Additionally, Professional shall provide Owner all applicable documentation pursuant to above noted claims and proposals at no additional cost to Owner. 2.8.15 Professional shall review and advise Owner concerning change orders and construction change directives and, if required, prepare supporting documentation, data, and supplemental drawings required in connection with Owner approved change orders and construction change directives. 2.8.16 Professional shall conduct inspections to determine the date or dates of Architect’s Substantial Completion and Final Completion, shall receive and forward to Owner for Owner's review and records, written warranties and related documents required by the CM Agreement Contract Documents and assembled by Construction ManagerContractor, and shall and, where applicable, issue a final certificate or recommendation for payment upon compliance by Construction Manager with the requirements of the CM AgreementContract Documents. 2.8.16 Where Owner has selected a Construction Manager for the Project, Professional shall interpret and render initial decisions on matters concerning performance of Owner and Construction Manager under the requirements of the Contract Documents on written request of either Owner or Construction Manager. Professional's response to such request shall be made within fifteen (15) days of receipt of such a request. Interpretations and decisions of Professional shall be consistent with the intent of, and reasonably inferable from, the Construction Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, Professional shall endeavor to secure faithful performance by both Owner and Construction Manager and shall not show partiality to either. 2.8.17 Professional's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the construction documents, and if concurred with by Owner. 2.8.18 Professional shall prepare record drawings at Project completion, including original “red lined” set and corrected AutoCAD files on recorded CD or DVDfiles, and upload in Owner’s project management system. These drawings shall include changes made to the Construction Documents, including changes made by change orders, construction change directives, and addenda to the Construction Documents. 2.8.19 Professional shall perform all of its required services relating to Architect’s Substantial Completion and Final Completion in accordance with Owner’s then current policies, procedures and standards.

Construction Administration. 2.8.1 Professional's responsibility to provide Construction Administration Services commences with Owner's execution of the Construction Management Agreement and such responsibility shall continue until Final Completion of the Project. 2.8.2 Professional shall carry out its Construction Administration Services as set forth in: (a) this Section 2.8, (b) the Agreement for Construction Management Services between Owner and Construction Manager (“CM Agreement”) and (c) the UCF Professional Services Guide. To the extent the terms of this Agreement, the CM Agreement and the UCF Professional Services Guide, are inconsistent with the terms of this Agreement, the terms of this Agreement shall govern. 2.8.3 Duties, responsibilities and limitations of authority of Professional shall not be restricted, modified or extended without written agreement of Owner and Professional. 2.8.4 Professional shall be a representative of, and shall advise and consult with, Owner during construction until final payment to Construction Manager is made. Professional shall have authority to act on behalf of Owner only to the extent provided in this AgreementthisAgreement. 2.8.5 Professional shall attend weekly scheduled construction meetings at the Project Site and shall provide such representation as may be required to fulfill the intent and interpretation of the Construction Documents for the Project. Professional’s consultants shall attend weekly scheduled construction meetings at the Project Site during the periods of time when Work that is subject of their design documents is being coordinated and installed. In addition, Professional and Professional’s consultants shall meet on site or at a location designated by the Owner as required to resolve any conflicts arising from errors, omissions, and deficiencies in the Project at no additional cost to the Owner. On the basis of on-Based on on- site observations as an architect or as an engineer, as applicable, Professional and Professional’s consultants shall keep Owner informed of the progress and quality of the Work and shall guard Owner against defects and deficiencies in the Work. 2.8.6 Professional shall not have control over, or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. 2.8.7 Professional shall at all times have access to the Work wherever it is in preparation or progress. 2.8.8 Professional shall keep Owner apprised of all contacts and/or communications between Professional and Construction Manager. Professional shall copy Owner on all correspondence between Professional and Construction Manager. 2.8.9 Prior to Construction Manager’s first application for paymentinvoice, Professional and Professional’s consultants shall review Construction Manager’s schedule of values and advise andadvise Owner in writing of any recommended adjustments. 2.8.10 Based on Professional's observations and evaluations of Construction Manager’s applications for paymentinvoice, Professional shall review and certify verify the amounts due Construction Manager. Professional's certification for payment shall constitute a representation to Owner, based on Professional's observations at the Project Site and on the data comprising Construction Manager’s application for payment, that the Work has progressed to the point indicated and that, to the best of Professional's knowledge, information and belief, the quality of the Work is in accordance with the Construction Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Construction Documents upon Architect’s Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Construction Documents correctable prior to completion and to specific qualifications expressed by Professional. The issuance of a certificate or recommendation for payment shall further constitute a representation that Construction Manager is entitled to payment in the amount certified or recommended.Construction 2.8.11 Professional shall promptly notify Owner in writing of any Work Professional observes which does not conform to the Construction Documents. Whenever Professional considers it necessary or advisable for implementation of the intent of the Construction Documents, Professional will have authority to require additional inspection or testing of the Work in accordance with the provisions of the CM Agreement, whether or not such Work is fabricated, installed or completed. However, neither this authority of Professional nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of Professional to Construction Manager, its subcontractors, material and equipment suppliers, any of their agents or employees or other persons performing portions of the Work. 2.8.12 Professional shall review Construction Manager’s submittal and procurement schedule, which shall be required to include shop drawings, product data, samples, warrantees, and other submittals required by Contract Documents, in tabular form which shall be required to indicate Specification section number and section name (CSI Format). 2.8.13 Professional shall review, certify, approve, reject or take other appropriate action upon Construction Manager's requests for information and submittals, such as shop drawingsshopdrawings, product data and samples. Professional shall not approve any submittals unless such submittals conform to: (a) the Facilities Building Program, OPR, and BOD; (b) the Construction Documents; (c) Owner’s total budgeted Construction Cost; (d) the UCF Design and Construction Standards; and (e) Applicable Laws and other requirements authorities having jurisdiction. In the event the UCF Design and Construction Standards exceed applicable legal requirements, the stricter or greater UCF Design and Construction Standards shall govern. Professional's review shall be completed, and response shall be delivered simultaneously to Construction Manager and Owner, within the time specified for such review and response in the Project schedule or in a submittal schedule approved by Owner and, if no such time is specified, with such promptness so that all Work can be performed without delay and all products or materials may be ordered or fabricated with sufficient time to meet the Project schedule. Professional shall maintain a master file of all 2.8.14 Professional shall promptly review: (a) claims for extra compensation or extensions of time from Construction Manager, and (b) proposed (i) substitutions, (ii) value engineering suggestions and (iii) change orders to the CM Agreement, and make written recommendations to Owner concerning such claims and proposals. Additionally, Professional shall provide Owner all applicable documentation pursuant to above noted claims and proposals at no additional cost to Owner.value 2.8.15 Professional shall review and advise Owner concerning change orders and construction change directives and, if required, prepare supporting documentation, data, and supplemental drawings required in connection with Owner approved change orders and construction change directives. 2.8.16 Professional shall conduct inspections to determine the date or dates of Architect’s Substantial Completion and Final Completion, shall receive and forward to Owner for Owner's review and records, written warranties and related documents required by the CM Agreement and assembled by Construction Manager, and shall issue a final certificate or recommendation for payment upon compliance by Construction Manager with the requirements of the CM Agreement. 2.8.17 Professional shall interpret and render initial decisions on matters concerning performance of Owner and Construction Manager under the requirements of the CM Agreement on written request of either Owner or Construction Manager. Professional's response to such request shall be made within fifteen (15) days of receipt of such a request. Interpretations and decisions of Professional shall be consistent with the intent of, and reasonably inferable from, the Construction Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, Professional shall endeavor to secure faithful performance by both Owner and Construction Manager and shall not show partiality to either. Interpretations and decisions of Professional shall be consistent with the intent of, and reasonably inferable from, the Construction Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, Professional shall endeavor to secure faithful performance by both Owner and Construction Manager and shall not show partiality to either. 2.8.18 Professional's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the construction documents, and if concurred with by Owner. 2.8.18 2.8.19 Professional shall prepare record drawings at Project completion, including original “red lined” set and corrected AutoCAD files on recorded CD or DVDand upload in Owner’s project management system. These drawings shall include changes made to the Construction Documents, including changes made by change orders, construction change directives, and addenda to the Construction Documents.Construction 2.8.19 2.8.20 Professional shall perform all of its required services relating to Architect’s Substantial Completion, Owner’s Substantial Completion and Final Completion in accordance with Owner’s then current policies, procedures and standards. 2.8.21 Professional shall perform all of its required services relating to final completion of construction deliverables in accordance with the UCF Professional Services Guide. 2.8.22 Professional shall respond to Owner’s requests to review design and construction issues during the construction warranty period; coordinate and participate in the end of the warranty period inspection in accordance with the UCF Professional Services Guide; and produce a summary report documenting deficiencies, problems, or other outstanding items. 2.8.23 Professional shall provide Owner with professional photographs of the completed Project, for use by Owner without credit to the photographer. Owner shall be entitled to digital copies of all said photographs taken of the Project.

Construction Administration. 2.8.1 Professional's responsibility to provide Construction Administration Services commences with Owner's execution of the Construction Management Agreement and such responsibility shall continue until Final Completion of the Project. 2.8.2 Professional shall carry out its Construction Administration Services as set forth in: (a) this Section 2.8, (b) the Agreement for Construction Management Services between Owner and Construction Manager (“CM Agreement”) and (c) the UCF Professional Services Guide. To the extent the terms of this Agreement, the CM Agreement and the UCF Professional Services Guide, are inconsistent with the terms of this Agreement, the terms of this Agreement shall govern. 2.8.3 Duties, responsibilities and limitations of authority of Professional shall not be restricted, modified or extended without written agreement of Owner and Professional. 2.8.4 Professional shall be a representative of, and shall advise and consult with, Owner during construction until final payment to Construction Manager is made. Professional shall have authority to act on behalf of Owner only to the extent provided in this Agreement. 2.8.5 Professional shall attend weekly scheduled construction meetings at the Project Site and shall provide such representation as may be required to fulfill the intent and interpretation of the Construction Documents for the Project. Professional’s consultants shall attend weekly scheduled construction meetings at the Project Site during the periods of time when Work that is subject of their design documents is being coordinated and installed. In addition, Professional and Professional’s consultants shall meet on site or at a location designated by the Owner as required to resolve any conflicts arising from errors, omissions, and deficiencies in the Project at no additional cost to the Owner. On the basis of on-site observations as an architect or as an engineer, as applicable, Professional and Professional’s consultants shall keep Owner informed of the progress and quality of the Work and shall guard Owner against defects and deficiencies in the Work.basis 2.8.6 Professional shall not have control over, or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. 2.8.7 Professional shall at all times have access to the Work wherever it is in preparation or progress. 2.8.8 Professional shall keep Owner apprised of all contacts and/or communications between Professional and Construction Manager. Professional shall copy Owner on all correspondence between Professional and Construction Manager. 2.8.9 Prior to Construction Manager’s first application for payment, Professional and Professional’s consultants shall review Construction Manager’s schedule of values and advise Owner in writing of any recommended adjustments. 2.8.10 Based on Professional's observations and evaluations of Construction Manager’s applications for payment, Professional shall review and certify the amounts due Construction Manager. Professional's certification for payment shall constitute a representation to Owner, based on Professional's observations at the Project Site and on the data comprising Construction Manager’s application for payment, that the Work has progressed to the point indicated and that, to the best of Professional's knowledge, information and belief, the quality of the Work is in accordance with the Construction Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Construction Documents upon Architect’s Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Construction Documents correctable prior to completion and to specific qualifications expressed by Professional. The issuance of a certificate or recommendation for payment shall further constitute a representation that Construction Manager is entitled to payment in the amount certified or recommended. 2.8.11 Professional shall promptly notify Owner in writing of any Work Professional observes which does not conform to the Construction Documents. Whenever Professional considers it necessary or advisable for implementation of the intent of the Construction Documents, Professional will have authority to require additional inspection or testing of the Work in accordance with the provisions of the CM Agreement, whether or not such Work is fabricated, installed or completed. However, neither this authority of Professional nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of Professional to Construction Manager, its subcontractors, material and equipment suppliers, any of their agents or employees or other persons performing portions of the Work. 2.8.12 Professional shall review Construction Manager’s submittal and procurement schedule, which shall be required to include shop drawings, product data, samples, warrantees, and other submittals required by Contract Documents, in tabular form which shall be required to indicate Specification section number and section name (CSI Format). 2.8.13 Professional shall review, certify, approve, reject or take other appropriate action upon Construction Manager's requests for information and submittals, such as shop drawings, product data and samples. Professional shall not approve any submittals unless such submittals conform to: (a) the Facilities Program, OPR, and BOD; (b) the Construction Documents; (c) Owner’s total budgeted Construction Cost; (d) the UCF Design and Construction Standards; and (e) Applicable Laws and other requirements authorities having jurisdiction. In the event the UCF Design and Construction Standards exceed applicable legal requirements, the stricter or greater UCF Design and Construction Standards shall govern. Professional's review shall be completed, and response shall be delivered simultaneously to Construction Manager and Owner, within the time specified for such review and response in the Project schedule or in a submittal schedule approved by Owner and, if no such time is specified, with such promptness so that all Work can be performed without delay and all products or materials may be ordered or fabricated with sufficient time to meet the Project schedule. Professional shall maintain a master file of allall requests for information and submittals, including submittal register, made to Professional, with duplicates for Owner. 2.8.14 Professional shall promptly review: (a) claims for extra compensation or extensions of time from Construction Manager, and (b) proposed (i) substitutions, (ii) value engineering suggestions and (iii) change orders to the CM Agreement, and make written recommendations to Owner concerning such claims and proposals. Additionally, Professional shall provide Owner all applicable documentation pursuant to above noted claims and proposals at no additional cost to Owner. 2.8.15 Professional shall review and advise Owner concerning change orders and construction change directives and, if required, prepare supporting documentation, data, and supplemental drawings required in connection with Owner approved change orders and construction change directives. 2.8.16 Professional shall conduct inspections to determine the date or dates of Architect’s Substantial Completion and Final Completion, shall receive and forward to Owner for Owner's review and records, written warranties and related documents required by the CM Agreement and assembled by Construction Manager, and shall issue a final certificate or recommendation for payment upon compliance by Construction Manager with the requirements of the CM Agreement. 2.8.17 Professional's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the construction documents, and if concurred with by Owner. 2.8.18 Professional shall prepare record drawings at Project completion, including original “red lined” set and corrected AutoCAD files on recorded CD or DVD. These drawings shall include changes made to the Construction Documents, including changes made by change orders, construction change directives, and addenda to the Construction Documents. 2.8.19 Professional shall perform all of its required services relating to Architect’s Substantial Completion and Final Completion in accordance with Owner’s then current policies, procedures and standards.

Construction Administration. 2.8.1 Professional's responsibility to provide Construction Administration Services commences with Owner's execution of the Construction Management Agreement and such responsibility shall continue until Final Completion of the Project. 2.8.2 . Professional shall carry out its Construction Administration Services as set forth in: (a) this Section 2.8, (b) the Agreement for Construction Management Services between Owner and Construction Manager (“CM Agreement”) and (c) the UCF Professional Services Guide. To the extent the terms of this Agreement, the CM Agreement and the UCF Professional Services Guide, are inconsistent with the terms of this Agreement, the terms of this Agreement shall govern. 2.8.3 . Duties, responsibilities and limitations of authority of Professional shall not be restricted, modified or extended without written agreement of Owner and Professional. 2.8.4 . Professional shall be a representative of, and shall advise and consult with, Owner during construction until final payment to Construction Manager is made. Professional shall have authority to act on behalf of Owner only to the extent provided in this Agreement. 2.8.5 . Professional shall attend weekly scheduled construction meetings at the Project Site and shall provide such representation as may be required to fulfill the intent and interpretation of the Construction Documents for the Project. Professional’s consultants shall attend weekly scheduled construction meetings at the Project Site during the periods of time when Work that is subject of their design documents is being coordinated and installed. In addition, Professional and Professional’s consultants shall meet on site or at a location designated by the Owner as required to resolve any conflicts arising from errors, omissions, and deficiencies in the Project at no additional cost to the Owner. On the basis of on-site observations as an architect or as an engineer, as applicable, Professional and Professional’s consultants shall keep Owner informed of the progress and quality of the Work and shall guard Owner against defects and deficiencies in the Work. 2.8.6 . Professional shall not have control over, or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. 2.8.7 . Professional shall at all times have access to the Work wherever it is in preparation or progress. 2.8.8 . Professional shall keep Owner apprised of all contacts and/or communications between Professional and Construction Manager. Professional shall copy Owner on all correspondence between Professional and Construction Manager. 2.8.9 . Prior to Construction Manager’s first application for paymentProgress Payment Application, Professional and Professional’s consultants shall review Construction Manager’s schedule of values and advise Owner in writing of any recommended adjustments. 2.8.10 . Based on Professional's observations and evaluations of Construction Manager’s applications for paymentProgress Payment Application, Professional shall review and certify the amounts due Construction Manager. Professional's certification for payment shall constitute a representation to Owner, based on Professional's observations at the Project Site and on the data comprising Construction Manager’s application for paymentProgress Payment Application, that the Work has progressed to the point indicated and that, to the best of Professional's knowledge, information and belief, the quality of the Work is in accordance with the Construction Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Construction Documents upon Architect’s Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Construction Documents correctable prior to completion and to specific qualifications expressed by Professional. The issuance of a certificate or recommendation for payment shall further constitute a representation that Construction Manager is entitled to payment in the amount certified or recommended. 2.8.11 . Professional shall promptly notify Owner in writing of any Work Professional observes which does not conform to the Construction Documents. Whenever Professional considers it necessary or advisable for implementation of the intent of the Construction Documents, Professional will have authority to require additional inspection or testing of the Work in accordance with the provisions of the CM Agreement, whether or not such Work is fabricated, installed or completed. However, neither this authority of Professional nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of Professional to Construction Manager, its subcontractors, material and equipment suppliers, any of their agents or employees or other persons performing portions of the Work. 2.8.12 . Professional shall review Construction Manager’s submittal and procurement schedule, which shall be required to include shop drawings, product data, samples, warrantees, and other submittals required by Contract Documents, in tabular form which shall be required to indicate Specification section number and section name (CSI Format). 2.8.13 . Professional shall review, certify, approve, reject or take other appropriate action upon Construction Manager's requests for information and submittals, such as shop drawings, product data and samples. Professional shall not approve any submittals unless such submittals conform to: (a) the Facilities Program, OPR, and BOD; (b) the Construction Documents; (c) Owner’s total budgeted Construction Cost; (d) the UCF Design and Construction Standards; and (e) Applicable Laws and other requirements authorities having jurisdiction. In the event the UCF Design and Construction Standards exceed applicable legal requirements, the stricter or greater UCF Design and Construction Standards shall govern. Professional's review shall be completed, and response shall be delivered simultaneously to Construction Manager and Owner, within the time specified for such review and response in the Project schedule or in a submittal schedule approved by Owner and, if no such time is specified, with such promptness so that all Work can be performed without delay and all products or materials may be ordered or fabricated with sufficient time to meet the Project schedule. Professional shall maintain a master file of all 2.8.14 all requests for information and submittals, including submittal register, made to Professional, with duplicates for Owner. Professional shall promptly review: (a) claims for extra compensation or extensions of time from Construction Manager, and (b) proposed (i) substitutions, (ii) value engineering suggestions and (iii) change orders to the CM Agreement, and make written recommendations to Owner concerning such claims and proposals. Additionally, Professional shall provide Owner all applicable documentation pursuant to above noted claims and proposals at no additional cost to Owner. 2.8.15 . Professional shall review and advise Owner concerning change orders and construction change directives and, if required, prepare supporting documentation, data, and supplemental drawings required in connection with Owner approved change orders and construction change directives. 2.8.16 . Professional shall conduct inspections to determine the date or dates of Architect’s Substantial Completion and Final Completion, shall receive and forward to Owner for Owner's review and records, written warranties and related documents required by the CM Agreement and assembled by Construction Manager, and shall issue a final certificate or recommendation for payment upon compliance by Construction Manager with the requirements of the CM Agreement. 2.8.17 . Professional shall interpret and render initial decisions on matters concerning performance of Owner and Construction Manager under the requirements of the CM Agreement on written request of either Owner or Construction Manager. Professional's response to such request shall be made within fifteen (15) days of receipt of such a request. Interpretations and decisions of Professional shall be consistent with the intent of, and reasonably inferable from, the Construction Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, Professional shall endeavor to secure faithful performance by both Owner and Construction Manager and shall not show partiality to either. Interpretations and decisions of Professional shall be consistent with the intent of, and reasonably inferable from, the Construction Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, Professional shall endeavor to secure faithful performance by both Owner and Construction Manager and shall not show partiality to either. Professional's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the construction documents, and if concurred with by Owner. 2.8.18 . Professional shall prepare record drawings at Project completion, including original “red lined” set and corrected AutoCAD files on recorded CD or DVDand upload in Owner’s project management system. These drawings shall include changes made to the Construction Documents, including changes made by change orders, construction change directives, and addenda to the Construction Documents. 2.8.19 . Professional shall perform all of its required services relating to Architect’s Substantial Completion, Owner’s Substantial Completion and Final Completion in accordance with Owner’s then current policies, procedures and standards. Professional shall perform all of its required services relating to final completion of construction deliverables in accordance with the UCF Professional Services Guide. Professional shall respond to Owner’s requests to review design and construction issues during the construction warranty period; coordinate and participate in the end of the warranty period inspection in accordance with the UCF Professional Services Guide; and produce a summary report documenting deficiencies, problems, or other outstanding items. Professional shall provide Owner with professional photographs of the completed Project, for use by Owner without credit to the photographer. Owner shall be entitled to digital copies of all said photographs taken of the Project.

Construction Administration. 2.8.1 Professional's responsibility to provide Construction Administration Services commences with Owner's execution of the Construction Management Agreement and such responsibility shall continue until Final Completion of the Project. 2.8.2 Professional shall carry out its Construction Administration Services as set forth in: (a) this Section Paragraph 2.8, (b) the Agreement for Construction Management Services between Owner and Construction Manager (“CM Agreement”) and (c) the UCF Design and Professional Services Guide. To the extent the terms of this Agreement, the CM Agreement for Construction Management Services, and the UCF Design and Professional Services Guide, are inconsistent with the terms of this Agreement, the terms of this Agreement shall govern. 2.8.3 Duties, responsibilities and limitations of authority of Professional shall not be restricted, modified or extended without written agreement of Owner and Professional. 2.8.4 Professional shall be a representative of, and shall advise and consult with, Owner during construction until final payment to Construction Manager is made. Professional shall have authority to act on behalf of Owner only to the extent provided in this Agreement. 2.8.5 Professional shall attend weekly scheduled construction meetings at the Project Site and shall provide such representation as may be required to fulfill the intent and interpretation of the Construction Documents for the Project. Professional’s consultants shall attend weekly scheduled construction meetings at the Project Site during the periods of time when Work that is subject of their design documents is being coordinated and installed. In addition, Professional and Professional’s consultants shall meet on site or at a location designated by the Owner as required to resolve any conflicts arising from errors, omissions, and deficiencies in the Project at no additional cost to the Owner. On the basis of on-site observations as an architect or as an engineer, as applicable, Professional and Professional’s consultants shall keep Owner informed of the progress and quality of the Work and shall guard Owner against defects and deficiencies in the Work. 2.8.6 Professional shall not have control over, or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely Construction Manager’s responsibility under the Construction Management Agreement. Professional shall not be responsible for Construction Manager’s schedules or failure to carry out the Work in accordance with the Construction Documents. Professional shall not have control over or charge of acts or omissions of Construction Manager, its subcontractors, or any of their agents or employees, or of any other persons performing portions of the Work. 2.8.7 Professional shall at all times have access to the Work wherever it is in preparation or progress. 2.8.8 Professional shall keep Owner apprised of all contacts and/or communications between Professional and Construction Manager. Professional shall copy Owner on all correspondence between Professional and Construction Manager. 2.8.9 Prior to Construction Manager’s first application for payment, Professional and Professional’s consultants shall review Construction Manager’s schedule of values and advise Owner in writing of any recommended adjustments. 2.8.10 Based on Professional's observations and evaluations of Construction Manager’s applications for payment, Professional shall review and certify the amounts due Construction Manager. Professional's certification for payment shall constitute a representation to Owner, based on Professional's observations at the Project Site and on the data comprising Construction Manager’s application for payment, that the Work has progressed to the point indicated and that, to the best of Professional's knowledge, information and belief, the quality of the Work is in accordance with the Construction Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Construction Documents upon Architect’s Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Construction Documents correctable prior to completion and to specific qualifications expressed by Professional. The issuance of a certificate or recommendation for payment shall further constitute a representation that Construction Manager is entitled to payment in the amount certified or recommended.’s 2.8.11 Professional shall promptly notify Owner in writing of any Work Professional observes which does not conform to the Construction Documents. Whenever Professional considers it necessary or advisable for implementation of the intent of the Construction Documents, Professional will have authority to require additional inspection or testing of the Work in accordance with the provisions of the CM Construction Management Agreement, whether or not such Work is fabricated, installed or completed. However, neither this authority of Professional nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of Professional to Construction Manager, its subcontractors, material and equipment suppliers, any of their agents or employees or other persons performing portions of the Work. 2.8.12 Professional shall review Construction Manager’s submittal and procurement schedule, which shall be required to include shop drawings, product data, samples, warrantees, and other submittals required by Contract Documents, in tabular form which shall be required to indicate Specification section number and section name (CSI Format). 2.8.13 Professional shall review, certify, approve, reject or take other appropriate action upon Construction Manager's requests for information and submittals, such as shop drawings, product data and samples. Professional shall not approve any submittals unless such submittals conform to: (a) the Facilities Program, OPR, and BOD; (b) the Construction Documents; (c) Owner’s total budgeted Construction Cost; (d) the UCF Design and Construction Standards; and (e) Applicable Laws and other requirements authorities having jurisdiction. In the event the UCF Design and Construction Standards exceed applicable legal requirements, the stricter or greater UCF Design and Construction Standards shall govern. Professional's review shall be completed, and response shall be delivered simultaneously to Construction Manager and Owner, within the time specified for such review and response in the Project schedule or in a submittal schedule approved by Owner and, if no such time is specified, with such promptness so that all Work can be performed without delay and all products or materials may be ordered or fabricated with sufficient time to meet the Project schedule. Professional shall maintain a master file of allall requests for information and submittals, including submittal register, made to Professional, with duplicates for Owner. 2.8.14 Professional shall promptly review: (a) claims for extra compensation or extensions of time from Construction Manager, and (b) proposed (i) substitutions, (ii) value engineering suggestions and (iii) change orders to the CM Agreement, and make written recommendations to Owner concerning such claims and proposals. Additionally, Professional shall provide Owner all applicable documentation pursuant to above noted claims and proposals at no additional cost to Owner. 2.8.15 Professional shall review and advise Owner concerning change orders and construction change directives and, if required, prepare supporting documentation, data, and supplemental drawings required in connection with Owner approved change orders and construction change directives. 2.8.16 Professional shall conduct inspections to determine the date or dates of Architect’s Substantial Completion and Final Completion, shall receive and forward to Owner for Owner's review and records, written warranties and related documents required by the CM Agreement and assembled by Construction Manager, and shall issue a final certificate or recommendation for payment upon compliance by Construction Manager with the requirements of the CM Agreement. 2.8.17 Professional's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the construction documents, and if concurred with by Owner. 2.8.18 Professional shall prepare record drawings at Project completion, including original “red lined” set and corrected AutoCAD files on recorded CD or DVD. These drawings shall include changes made to the Construction Documents, including changes made by change orders, construction change directives, and addenda to the Construction Documents. 2.8.19 Professional shall perform all of its required services relating to Architect’s Substantial Completion and Final Completion in accordance with Owner’s then current policies, procedures and standards.