Common use of CONSULTANT’S RESPONSIBILITIES Clause in Contracts

CONSULTANT’S RESPONSIBILITIES. 6.1 CONSULTANT shall designate a project manager for the performance of the Services. 6.2 CONSULTANT shall perform the Services as an independent contractor and not as CLIENT’s agent or employee. CONSULTANT shall be solely responsible for the compensation, benefits, contributions and taxes, if any, of its employees and agents. 6.3 The standard of care applicable to CONSULTANT’s Services will be the degree of skill and diligence normally employed by professional consultants performing the same or similar services at the time and location said Services are performed. CONSULTANT will re-perform any Services not meeting this standard without additional compensation. 6.4 CONSULTANT may, during the course of its Services, prepare opinions of the probable cost of construction. CLIENT acknowledges, however, that CONSULTANT has no control over costs of labor, materials, competitive bidding environments and procedures, unknown field conditions, financial and/or market conditions or other factors affecting the cost of the construction and the operation of the facilities, all of which are beyond CONSULTANT’s control and are unavoidably in a state of change. CLIENT therefore acknowledges that CONSULTANT cannot and does not make any warranty, promise, or representation, either express or implied, that proposals, bids, opinions of probable construction costs, or cost of operation or maintenance will not vary substantially from its probable cost estimates. 6.5 When CONSULTANT provides on-site monitoring personnel during construction as part of its Services, the on-site monitoring personnel will notify CLIENT of any observed defects in the Work; will otherwise make reasonable efforts to guard CLIENT against defects and deficiencies in the work of the contractor(s) and will help to determine if the provisions of the contract documents are being fulfilled. Providing on-site monitoring personnel will not, however, cause CONSULTANT to be responsible for those duties and responsibilities which belong to the construction contractor, and which include, but are not limited to, full responsibility for the means, methods, techniques, sequences and progress of construction, the health and safety precautions incidental thereto, and for performing the construction in accordance with the contract documents. 6.6 In addition to or in lieu of on-site personnel, CONSULTANT’s off-site staff may periodically visit the Project site as part of its Services. Such periodic visits and any observations made by CONSULTANT during such periodic visits shall not make CONSULTANT responsible for, nor relieve the construction contractor of the sole responsibility for all construction means, methods, techniques, sequences, and progress of construction, and the health and safety precautions incidental thereto, and for performing the construction in accordance with the contract documents. 6.7 If the Services involve a construction phase of the Project, CLIENT shall require all construction contractor covered by the CLIENT’s contracts related to the Project, to defend, indemnify and hold CONSULTANT harmless to the same extent that the contractor is obligated to defend, indemnify and hold CLIENT harmless and also require the contractor to add CONSULTANT as an additional insured on the contractor’s Commercial General Liability and Auto Liability insurance policies applicable to the Project. CLIENT shall also require the construction contractor to assume sole and complete responsibility for Project site health and safety during the course of construction, including but not limited to the safety of all persons and property related to the Project.

CONSULTANT’S RESPONSIBILITIES. 6.1 9.1 The CONSULTANT shall designate a project manager for shall, when so directed and authorized by the performance of CITY, assist the Services. 6.2 CONSULTANT shall perform the Services as an independent contractor and not as CLIENT’s agent or employee. CONSULTANT shall be solely responsible for the compensation, benefits, contributions and taxes, if any, of its employees and agents. 6.3 The standard of care applicable to CONSULTANT’s Services will be the degree of skill and diligence normally employed by professional consultants performing the same or similar services at the time and location said Services are performed. CONSULTANT will re-perform any Services not meeting this standard without additional compensation. 6.4 CONSULTANT may, during the course of its Services, prepare opinions of the probable cost of construction. CLIENT acknowledges, however, that CONSULTANT has no control over costs of labor, materials, competitive bidding environments and procedures, unknown field conditions, financial and/or market conditions or other factors affecting the cost of the construction and the operation of the facilities, all of which are beyond CONSULTANT’s control and are unavoidably CITY in a state of change. CLIENT therefore acknowledges that CONSULTANT cannot and does not make any warranty, promise, or representation, either express or implied, that proposals, bids, opinions of probable estimating construction costs, reviewing proposals, and assist in awarding contracts for design or cost of operation or maintenance will not vary substantially from its probable cost estimatesconstruction. If requested, the CONSULTANT shall review and analyze the proposals received by the CITY, and shall make a recommendation for any award based on CITY's Purchasing Ordinance. 6.5 When 9.2 The CONSULTANT provides onshall attend conferences or meeting as requested by CITY and as approved by Task Orders. 9.3 Should the lowest responsible, responsive proposal exceed the Final Statement of Probable Construction Costs by less than 10%, CONSULTANT, at no additional cost to the CITY, shall meet with the CITY's representatives and work to reduce costs to bring the Original Contract Price within the Final Statement of Probable Construction Costs. Should the lowest responsible, responsive proposal exceed the Final Statement of Probable Construction Costs by 10% or more, CONSULTANT shall, at the CITY's direction, redesign each Project and/or work with the CITY to reduce the costs to within the Final Statement of Probable Construction Costs at no additional expense to the CITY. If negotiations between the CITY and the CONSULTANT have not commenced within three months after completion of the final design phase, or if industry-site monitoring personnel during wide prices are changed because of unusual or unanticipated events affecting the general level of prices or times of delivery in the construction as part of its Servicesindustry, the on-site monitoring personnel will notify CLIENT of any observed defects in the Work; will otherwise make reasonable efforts to guard CLIENT against defects and deficiencies in the work of the contractor(s) and will help to determine if the provisions of the contract documents are being fulfilled. Providing on-site monitoring personnel will not, however, cause CONSULTANT to established Construction Cost Limit may be responsible for those duties and responsibilities which belong to the construction contractor, and which include, but are not limited to, full responsibility for the means, methods, techniques, sequences and progress of construction, the health and safety precautions incidental thereto, and for performing the construction adjusted in accordance with the contract applicable change in the Construction Cost Index for Twenty Cities from the date of completion of the final design phase and the date on which proposals are sought, as published monthly in "Engineering News Record". If each Project scope and design is expanded by the CITY after the CONSULTANT renders the estimated Construction Cost of the Plans and Specifications, the CONSULTANT shall not be responsible for any redesign without compensation. 9.4 The CONSULTANT may be requested to provide the CITY with a list of recommended, prospective proposers. 9.5 The CONSULTANT shall attend all pre-proposal conferences. 9.6 The CONSULTANT shall recommend any addenda, through the Contract Administrator, as appropriate to clarify, correct, or change proposal documents. 6.6 In addition to 9.7 If pre-qualification of proposers is required as set forth in the request for proposal, CONSULTANT shall assist the CITY, if requested, in developing qualification criteria, review qualifications and recommend acceptance or in lieu of on-site personnel, CONSULTANT’s off-site staff may periodically visit the Project site as part of its Services. Such periodic visits and any observations made by CONSULTANT during such periodic visits shall not make CONSULTANT responsible for, nor relieve the construction contractor rejection of the sole responsibility for all construction meansproposers. If requested, methodsCONSULTANT shall evaluate proposals and proposers, techniquesand make recommendations regarding any award by the CITY. 9.8 The CITY shall make decisions on claims regarding interpretation of the Construction Documents, sequences, and on other matters relating to the execution and progress of construction, the work after receiving a recommendation from the CONSULTANT. The CONSULTANT may also assist in approving progress payments to the Contractor based on each Project Schedule of Values and the health and safety precautions incidental thereto, and for performing the construction in accordance with the contract documentspercentage of work completed. 6.7 If 9.9 The CITY shall maintain a record of all Change Orders which shall be categorized according to the Services involve a construction phase various types, causes, etc. that it may be determined are useful or necessary for its purpose. Among those shall be Change Orders identified as architectural/engineering Errors or Omissions. 9.9.1 Unless otherwise agreed by both parties in writing, it is specifically agreed that any change to the work identified as an Error on the part of the CONSULTANT shall be considered for purposes of this Agreement to be an additional cost to the CITY which would not be incurred without the Error. 9.9.2 Unless otherwise agreed by both parties in writing, it is further specifically agreed for purposes of this Agreement that fifteen percent (15%) of the cost of Change Orders for any item categorized as an Omission shall be considered an additional cost to the CITY which would not be incurred without the Omission. So long as the total of those two numbers (Change Order costs of Errors plus fifteen percent (15%) of Omissions) remains less than two percent (2%) of the total Construction Cost of the Project, CLIENT the CITY shall require all construction contractor covered by the CLIENT’s contracts related not look to the ProjectCONSULTANT for reimbursement for Errors and Omissions. 9.9.3 Should the sum of the two as defined above (cost of Errors plus fifteen percent (15%) of the cost of Omissions) exceed two percent (2%) of the Construction Cost, to defend, indemnify the CITY shall recover the full and hold CONSULTANT harmless total additional cost to the same extent CITY as a result of CONSULTANT’s Errors and Omissions from the CONSULTANT, that being defined as the contractor is obligated cost of Errors plus fifteen percent (15%) of the cost of Omissions above two percent (2%) of the Construction Cost. 9.9.4 To obtain such recovery, the CITY shall deduct from the CONSULTANT‘s fee a sufficient amount to defend, indemnify and hold CLIENT harmless and also require the contractor to add CONSULTANT as an recover all such additional insured on the contractor’s Commercial General Liability and Auto Liability insurance policies applicable cost to the Project. CLIENT shall also require CITY. 9.9.5 In executing this Agreement, the construction contractor to assume sole CONSULTANT acknowledges acceptance of these calculations and complete responsibility for Project site health and safety during the course of construction, including but not limited to the safety CITY’s right to recover same as stated above. The recovery of all persons and property related additional costs to the ProjectCITY under this paragraph shall not limit or preclude recovery for other separate and/or additional damages which the CITY may otherwise incur. 9.9.6 The Contract Administrator’s decision as to whether a Change Order is caused by an Error or caused by an Omission, taking into consideration industry standards, shall be final and binding on both parties for amounts in the aggregate under $100,000 per project, subject to Section 8.3. In the event of a dispute in an amount over $100,000, the parties agree to use their best efforts to settle such dispute. To this effect, they shall consult and negotiate with each other, in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of sixty (60) days, then upon notice to the other, either party may commence litigation to resolve the dispute in Broward County, Florida.

CONSULTANT’S RESPONSIBILITIES. 6.1 10.1 The CONSULTANT, following the CITY’s approval of the Construction Documents and of the Final Statement of Probable Construction Costs, shall, when so directed and authorized by the CITY, assist the CITY in estimating construction costs, reviewing proposals, and assist in awarding contracts for construction. If requested, CONSULTANT shall designate review and analyze the proposals received by the CITY and shall make a project manager recommendation for any award based on the performance City of the ServicesFort Lauderdale Procurement Ordinance. 6.2 CONSULTANT shall perform the Services as an independent contractor and not as CLIENT’s agent 10.2 Estimates, opinions of probable construction or employee. CONSULTANT shall be solely responsible for the compensationimplementation costs, benefitsfinancial evaluations, contributions and taxes, if any, of its employees and agents. 6.3 The standard of care applicable to CONSULTANT’s Services will be the degree of skill and diligence normally employed feasibility studies or economic analyses prepared by professional consultants performing the same or similar services at the time and location said Services are performed. CONSULTANT will re-perform any Services not meeting this standard without additional compensation. 6.4 CONSULTANT may, during the course of represent its Services, prepare opinions of the probable cost of constructionbest judgment based on its experience and available information. CLIENT acknowledges, however, The CITY recognizes that CONSULTANT has no control over costs of labor, materials, competitive bidding environments and procedures, unknown field conditions, financial and/or equipment or services furnished by others or over market conditions or CONSULTANT’s methods of determining prices, and that any evaluation of a facility to be constructed or work to be performed is speculative. Accordingly, CONSULTANT does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by CONSULTANT. 10.3 In the event that the lowest “best value” bid, as such term is used in the City of Fort Lauderdale Procurement Code, excluding any alternate bid items (“base bid”), exceeds the Estimated Construction Cost for a project by more than ten percent (10%), CONSULTANT shall explain, in writing, the reasons why the bids or proposals exceeded the ten percent (10%) factor following the analysis of all base bids. In such a circumstance, the CITY may at its sole discretion, exercise any one or more of the following options: • CONSULTANT shall be required to amend at the sole cost and expense of CONSULTANT, the Construction Drawings, Technical Specifications and Supplemental Conditions to enable the project to conform to a maximum of ten (10%) above the Estimated Construction Costs of the project, such amendments to be subject to the written final acceptance and approval of same by the CITY; • CONSULTANT shall be required to provide at the cost and expense of CONSULTANT re-bidding services and related items (including costs associated with regulatory review and approval of revised documents) as many times as requested by the CITY until the base bid of at least one “best value” bid falls within the factor of ten (10%) of the Estimated Construction Cost of the project; • The CITY may approve an increase in the Estimated Construction Cost of the Project; • The CITY may reject all bids or proposals and may authorize re-bidding; • The CITY may if permitted, approve a renegotiation of the Project within a reasonable time; • The CITY may abandon the project and terminate CONSULTANT’s work authorization and Services for the Project; or • The CITY may select as many deductive alternatives as may be necessary to bring the award within ten percent (10%) of the Estimated Construction Costs of the Project. It is expressly understood and agreed that the redesigning services required to keep the Project within 10% of the Estimated Construction Cost shall not be considered additional services and CONSULTANT agrees that it shall not seek compensation from the CITY for such Services. 10.4 The CONSULTANT may be requested to provide the CITY with a list of recommended, prospective proposers. 10.5 The CONSULTANT may be asked to attend all pre-bid / proposal conferences. 10.6 The CONSULTANT shall recommend any addenda, through the Contract Administrator, as appropriate to clarify, correct, or change proposal /bid documents. 10.7 If pre-qualification of proposers is required as set forth in the request for proposal, CONSULTANT shall assist the CITY, if requested, in developing qualification criteria, review qualifications and recommend acceptance or rejection of the proposers. If requested, CONSULTANT shall evaluate proposals and proposers, and make recommendations regarding any award by the CITY. 10.8 The CITY shall make decisions on claims regarding interpretation of the Construction Documents, and on other factors affecting matters relating to the execution and progress of the work after receiving a recommendation from C O N S U L T A N T . CONSULTANT may also assist in approving progress payments to the Contractor based on each Project Schedule of Values and the percentage of work completed. 10.9 The CITY shall maintain a record of all Change Orders which shall be categorized according to the various types, causes, etc. that it may be determined are useful or necessary for its purpose. Among those shall be Change Orders identified as architectural/engineering Errors or Omissions. 10.9.1 Unless otherwise agreed by both P arties in writing, it is specifically agreed that any change to the work identified as an Error on the part of CONSULTANT shall be considered for purposes of this Agreement to be an additional cost to the CITY which would not be incurred without the Error. Errors on the part of the CONSULTANT shall be rectified by the CONSULTANT with no additional cost to the CITY. 10.9.2 Unless otherwise agreed by both Parties in writing, it is further specifically agreed for purposes of this Agreement that fifteen percent (15%) of the cost of Change Orders for any item categorized as an Omission shall be considered an additional cost to the construction and CITY which would not be incurred without the operation Omission. So long as the total of those two numbers (Change Order costs of Errors plus fifteen percent (15%) of Omissions) remains less than two percent (2%) of the facilities, all of which are beyond CONSULTANT’s control and are unavoidably in a state of change. CLIENT therefore acknowledges that CONSULTANT cannot and does not make any warranty, promise, or representation, either express or implied, that proposals, bids, opinions of probable construction costs, or cost of operation or maintenance will not vary substantially from its probable cost estimates. 6.5 When CONSULTANT provides on-site monitoring personnel during construction as part of its Services, the on-site monitoring personnel will notify CLIENT of any observed defects in the Work; will otherwise make reasonable efforts to guard CLIENT against defects and deficiencies in the work of the contractor(s) and will help to determine if the provisions of the contract documents are being fulfilled. Providing on-site monitoring personnel will not, however, cause CONSULTANT to be responsible for those duties and responsibilities which belong to the construction contractor, and which include, but are not limited to, full responsibility for the means, methods, techniques, sequences and progress of construction, the health and safety precautions incidental thereto, and for performing the construction in accordance with the contract documents. 6.6 In addition to or in lieu of on-site personnel, CONSULTANT’s off-site staff may periodically visit the Project site as part of its Services. Such periodic visits and any observations made by CONSULTANT during such periodic visits shall not make CONSULTANT responsible for, nor relieve the construction contractor of the sole responsibility for all construction means, methods, techniques, sequences, and progress of construction, and the health and safety precautions incidental thereto, and for performing the construction in accordance with the contract documents. 6.7 If the Services involve a construction phase total Construction Cost of the Project, CLIENT the CITY shall require all construction contractor covered by not look to CONSULTANT for reimbursement for Errors and Omissions. 10.9.3 Should the CLIENT’s contracts related sum of the two as defined above (cost of Errors plus fifteen percent (15%) of the cost of Omissions) exceed two percent (2%) of the Construction Cost, the CITY shall recover the full and total additional cost to the ProjectCITY as a result of CONSULTANT’s Errors and Omissions from CONSULTANT, that being defined as the cost of Errors plus fifteen percent (15%) of the cost of Omissions above two percent (2%) of the Construction Cost. 10.9.4 To obtain such recovery, the CITY shall deduct from C O N S U L T A N T ’s fee a sufficient amount to defend, indemnify and hold CONSULTANT harmless recover all such additional cost to the same extent that the contractor is obligated to defendCITY. 10.9.5 In executing this Agreement, indemnify CONSULTANT acknowledges acceptance of these calculations and hold CLIENT harmless and also require the contractor to add CONSULTANT as an additional insured on the contractor’s Commercial General Liability and Auto Liability insurance policies applicable to the ProjectCITY’s right to recover same as stated above. CLIENT shall also require the construction contractor to assume sole and complete responsibility for Project site health and safety during the course The recovery of construction, including but not limited additional costs to the safety CITY under this paragraph shall not limit or preclude recovery for other separate and/or additional damages which the CITY may otherwise incur. 10.9.6 The Contract Administrator’s decision as to whether a Change Order is caused by an Error or caused by an Omission, taking into consideration industry standards, shall be final and binding on both Parties for amounts in the aggregate under $100,000 per project, subject to Section 9.3. In the event of all persons a dispute in an amount over $100,000, the P arties agree to use their best efforts to settle such dispute. To this effect, they shall consult and property related negotiate with each other, in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If they do not reach such solution within a period of sixty (60) days, then upon notice to the Projectother, either Party may commence litigation to resolve the dispute in Broward County, Florida.

CONSULTANT’S RESPONSIBILITIES. 6.1 CONSULTANT shall designate a project manager for 9.1 The CONSULTANT, following the performance CITY’s approval of the Services. 6.2 CONSULTANT shall perform the Services as an independent contractor Construction Documents and not as CLIENT’s agent or employee. CONSULTANT shall be solely responsible for the compensation, benefits, contributions and taxes, if any, of its employees and agents. 6.3 The standard of care applicable to CONSULTANT’s Services will be the degree of skill and diligence normally employed by professional consultants performing the same or similar services at the time and location said Services are performed. CONSULTANT will re-perform any Services not meeting this standard without additional compensation. 6.4 CONSULTANT may, during the course of its Services, prepare opinions of the probable cost Final Statement of construction. CLIENT acknowledgesProbable Construction Costs, howevershall, that CONSULTANT has no control over costs of laborwhen so directed and authorized by the CITY, materials, competitive bidding environments and procedures, unknown field conditions, financial and/or market conditions or other factors affecting assist the cost of the construction and the operation of the facilities, all of which are beyond CONSULTANT’s control and are unavoidably CITY in a state of change. CLIENT therefore acknowledges that CONSULTANT cannot and does not make any warranty, promise, or representation, either express or implied, that proposals, bids, opinions of probable estimating construction costs, or cost of operation or maintenance will not vary substantially from its probable cost estimatesreviewing proposals, and assist in awarding contracts for construction. If requested, the CONSULTANT shall review and analyze the proposals received by the CITY, and shall make a recommendation for any award based on CITY's Purchasing Ordinance. 6.5 When 9.2 Should the lowest responsible, responsive proposal exceed the Final Statement of Probable Construction Costs by less than 10%, CONSULTANT, at no additional cost to the CITY, shall meet with the CITY's representatives and work to reduce costs to bring the Original Contract Price within the Final Statement of Probable Construction Costs. Should the lowest responsible, responsive proposal exceed the Final Statement of Probable Construction Costs by 10% or more, CONSULTANT provides onshall, at the CITY's direction, redesign each Project and/or work with the CITY to reduce the costs to within the Final Statement of Probable Construction Costs at no additional expense to the CITY. If negotiations between the CITY and the CONSULTANT have not commenced within three months after completion of the final design phase, or if industry-site monitoring personnel during wide prices are changed because of unusual or unanticipated events affecting the general level of prices or times of delivery in the construction as part of its Servicesindustry, the on-site monitoring personnel will notify CLIENT of any observed defects in the Work; will otherwise make reasonable efforts to guard CLIENT against defects and deficiencies in the work of the contractor(s) and will help to determine if the provisions of the contract documents are being fulfilled. Providing on-site monitoring personnel will not, however, cause CONSULTANT to established Construction Cost Limit may be responsible for those duties and responsibilities which belong to the construction contractor, and which include, but are not limited to, full responsibility for the means, methods, techniques, sequences and progress of construction, the health and safety precautions incidental thereto, and for performing the construction adjusted in accordance with the contract applicable change in the Construction Cost Index for Twenty Cities from the date of completion of the final design phase and the date on which proposals are sought, as published monthly in "Engineering News Record". If each Project scope and design is expanded by the CITY after the CONSULTANT renders the estimated Construction Cost of the Plans and Specifications, the CONSULTANT shall not be responsible for any redesign without compensation. 9.3 The CONSULTANT shall provide the CITY with a list of recommended, prospective proposers. 9.4 The CONSULTANT shall attend all pre-proposal conferences. 9.5 The CONSULTANT shall recommend any addenda, through the Contract Administrator, as appropriate to clarify, correct, or change proposal documents. 6.6 In addition to 9.6 If pre-qualification of proposers is required as set forth in the request for proposal, CONSULTANT shall assist the CITY, if requested, in developing qualification criteria, review qualifications and recommend acceptance or in lieu of on-site personnel, CONSULTANT’s off-site staff may periodically visit the Project site as part of its Services. Such periodic visits and any observations made by CONSULTANT during such periodic visits shall not make CONSULTANT responsible for, nor relieve the construction contractor rejection of the sole responsibility for all construction meansproposers. If requested, methodsCONSULTANT shall evaluate proposals and proposers, techniquesand make recommendations regarding any award by the CITY. 9.7 The CITY shall make decisions on claims regarding interpretation of the Construction Documents, sequences, and on other matters relating to the execution and progress of construction, the work after receiving a recommendation from the CONSULTANT. The CONSULTANT may also assist in approving progress payments to the Contractor based on each Project Schedule of Values and the health and safety precautions incidental thereto, and for performing the construction in accordance with the contract documentspercentage of work completed. 6.7 If 9.8 The CITY shall maintain a record of all Change Orders which shall be categorized according to the Services involve a construction phase various types, causes, etc., that it may be determined are useful or necessary for its purpose. Among those shall be Change Orders identified as architectural/engineering Errors or Omissions. 9.8.1 Unless otherwise agreed by both parties in writing, it is specifically agreed that any change to the work identified as an Error on the part of the CONSULTANT shall be considered for purposes of this Agreement to be an additional cost to the CITY which would not be incurred without the Error. 9.8.2 Unless otherwise agreed by both parties in writing, it is further specifically agreed for purposes of this Agreement that fifteen percent (15%) of the cost of Change Orders for any item categorized as an Omission shall be considered an additional cost to the CITY which would not be incurred without the Omission. So long as the total of those two numbers (Change Order costs of Errors plus fifteen percent (15%) of Omissions) remains less than two percent (2%) of the total Construction Cost of the Project, CLIENT the CITY shall require all construction contractor covered by the CLIENT’s contracts related not look to the ProjectCONSULTANT for reimbursement for Errors and Omissions. 9.8.3 Should the sum of the two as defined above (cost of Errors plus fifteen percent (15%) of the cost of Omissions) exceed two percent (2%) of the Construction Cost, to defend, indemnify the CITY shall recover the full and hold CONSULTANT harmless total additional cost to the same extent CITY as a result of CONSULTANT’s Errors and Omissions from the CONSULTANT, that being defined as the contractor is obligated cost of Errors plus fifteen percent (15%) of the cost of Omissions above two percent (2%) of the Construction Cost. 9.8.4 To obtain such recovery, the CITY shall deduct from the CONSULTANT‘s fee a sufficient amount to defend, indemnify and hold CLIENT harmless and also require the contractor to add CONSULTANT as an recover all such additional insured on the contractor’s Commercial General Liability and Auto Liability insurance policies applicable cost to the Project. CLIENT shall also require CITY. 9.8.5 In executing this Agreement, the construction contractor to assume sole CONSULTANT acknowledges acceptance of these calculations and complete responsibility for Project site health and safety during the course of construction, including but not limited to the safety CITY’s right to recover same as stated above. The recovery of all persons and property related additional costs to the ProjectCITY under this paragraph shall not limit or preclude recovery for other separate and/or additional damages which the CITY may otherwise incur. 9.8.6 The Contract Administrator’s decision as to whether a Change Order is caused by an Error or caused by an Omission, taking into consideration industry standards, shall be final and binding on both parties for amounts in the aggregate under $100,000 per project, subject to Section 8.2. In the event of a dispute in an amount over $100,000, the parties agree to use their best efforts to settle such dispute. To this effect, they shall consult and negotiate with each other, in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of sixty (60) days, then upon notice to the other, either party may commence litigation to resolve the dispute in Broward County, Florida.

CONSULTANT’S RESPONSIBILITIES. 6.1 10.1 The CONSULTANT, following the CITY’s approval of the Construction Documents and of the Final Statement of Probable Construction Costs, shall, when so directed and authorized by the CITY, assist the CITY in estimating construction costs, reviewing proposals, and assist in awarding contracts for construction. If requested, CONSULTANT shall designate review and analyze the proposals received by the CITY and shall make a project manager recommendation for any award based on the performance City of the ServicesFort Lauderdale Procurement Ordinance. 6.2 CONSULTANT shall perform the Services as an independent contractor and not as CLIENT’s agent 10.2 Estimates, opinions of probable construction or employee. CONSULTANT shall be solely responsible for the compensationimplementation costs, benefitsfinancial evaluations, contributions and taxes, if any, of its employees and agents. 6.3 The standard of care applicable to CONSULTANT’s Services will be the degree of skill and diligence normally employed feasibility studies or economic analyses prepared by professional consultants performing the same or similar services at the time and location said Services are performed. CONSULTANT will re-perform any Services not meeting this standard without additional compensation. 6.4 CONSULTANT may, during the course of represent its Services, prepare opinions of the probable cost of constructionbest judgment based on its experience and available information. CLIENT acknowledges, however, The CITY recognizes that CONSULTANT has no control over costs of labor, materials, competitive bidding environments and procedures, unknown field conditions, financial and/or equipment or services furnished by others or over market conditions or CONSULTANT’s methods of determining prices, and that any evaluation of a facility to be constructed or work to be performed is speculative. Accordingly, CONSULTANT does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by CONSULTANT. 10.3 In the event that the lowest “best value” bid, as such term is used in the City of Fort Lauderdale Procurement Code, excluding any alternate bid items (“base bid”), exceeds the Estimated Construction Cost for a project by more than ten percent (10%), CONSULTANT shall explain, in writing, the reasons why the bids or proposals exceeded the ten percent (10%) factor following the analysis of all base bids. In such a circumstance, the CITY may at its sole discretion, exercise any one or more of the following options: • CONSULTANT shall be required to amend at the sole cost and expense of CONSULTANT, the Construction Drawings, Technical Specifications and Supplemental Conditions to enable the project to conform to a maximum of ten (10%) above the Estimated Construction Costs of the project, such amendments to be subject to the written final acceptance and approval of same by the CITY; • CONSULTANT shall be required to provide at the cost and expense of CONSULTANT re-bidding services and related items (including costs associated with regulatory review and approval of revised documents) as many times as requested by the CITY until the base bid of at least one “best value” bid falls within the factor of ten (10%) of the Estimated Construction Cost of the project; • The CITY may approve an increase in the Estimated Construction Cost of the Project; • The CITY may reject all bids or proposals and may authorize re-bidding; • The CITY may if permitted, approve a renegotiation of the Project within a reasonable time; • The CITY may abandon the project and terminate CONSULTANT’s work authorization and Services for the Project; or • The CITY may select as many deductive alternatives as may be necessary to bring the award within ten percent (10%) of the Estimated Construction Costs of the Project. It is expressly understood and agreed that the redesigning services required to keep the Project within 10% of the Estimated Construction Cost shall not be considered additional services and CONSULTANT agrees that it shall not seek compensation from the CITY for such Services. 10.4 The CONSULTANT may be requested to provide the CITY with a list of recommended, prospective proposers. 10.5 The CONSULTANT may be asked to attend all pre-bid / proposal conferences. 10.6 The CONSULTANT shall recommend any addenda, through the Contract Administrator, as appropriate to clarify, correct, or change proposal /bid documents. 10.7 If pre-qualification of proposers is required as set forth in the request for proposal, CONSULTANT shall assist the CITY, if requested, in developing qualification criteria, review qualifications and recommend acceptance or rejection of the proposers. If requested, CONSULTANT shall evaluate proposals and proposers, and make recommendations regarding any award by the CITY. 10.8 The CITY shall make decisions on claims regarding interpretation of the Construction Documents, and on other factors affecting matters relating to the execution and progress of the work after receiving a recommendation from C O N S U L T A N T . CONSULTANT may also assist in approving progress payments to the CONSULTANT based on each Project Schedule of Values and the percentage of work completed. 10.9 The CITY shall maintain a record of all Change Orders which shall be categorized according to the various types, causes, etc. that it may be determined are useful or necessary for its purpose. Among those shall be Change Orders identified as architectural/engineering Errors or Omissions. 10.9.1 Unless otherwise agreed by both P arties in writing, it is specifically agreed that any change to the work identified as an Error on the part of CONSULTANT shall be considered for purposes of this Agreement to be an additional cost to the CITY which would not be incurred without the Error. Errors on the part of the CONSULTANT shall be rectified by the CONSULTANT with no additional cost to the CITY. 10.9.2 Unless otherwise agreed by both Parties in writing, it is further specifically agreed for purposes of this Agreement that fifteen percent (15%) of the cost of Change Orders for any item categorized as an Omission shall be considered an additional cost to the construction and CITY which would not be incurred without the operation Omission. So long as the total of those two numbers (Change Order costs of Errors plus fifteen percent (15%) of Omissions) remains less than two percent (2%) of the facilities, all of which are beyond CONSULTANT’s control and are unavoidably in a state of change. CLIENT therefore acknowledges that CONSULTANT cannot and does not make any warranty, promise, or representation, either express or implied, that proposals, bids, opinions of probable construction costs, or cost of operation or maintenance will not vary substantially from its probable cost estimates. 6.5 When CONSULTANT provides on-site monitoring personnel during construction as part of its Services, the on-site monitoring personnel will notify CLIENT of any observed defects in the Work; will otherwise make reasonable efforts to guard CLIENT against defects and deficiencies in the work of the contractor(s) and will help to determine if the provisions of the contract documents are being fulfilled. Providing on-site monitoring personnel will not, however, cause CONSULTANT to be responsible for those duties and responsibilities which belong to the construction contractor, and which include, but are not limited to, full responsibility for the means, methods, techniques, sequences and progress of construction, the health and safety precautions incidental thereto, and for performing the construction in accordance with the contract documents. 6.6 In addition to or in lieu of on-site personnel, CONSULTANT’s off-site staff may periodically visit the Project site as part of its Services. Such periodic visits and any observations made by CONSULTANT during such periodic visits shall not make CONSULTANT responsible for, nor relieve the construction contractor of the sole responsibility for all construction means, methods, techniques, sequences, and progress of construction, and the health and safety precautions incidental thereto, and for performing the construction in accordance with the contract documents. 6.7 If the Services involve a construction phase total Construction Cost of the Project, CLIENT the CITY shall require all construction contractor covered by not look to CONSULTANT for reimbursement for Errors and Omissions. 10.9.3 Should the CLIENT’s contracts related sum of the two as defined above (cost of Errors plus fifteen percent (15%) of the cost of Omissions) exceed two percent (2%) of the Construction Cost, the CITY shall recover the full and total additional cost to the ProjectCITY as a result of CONSULTANT’s Errors and Omissions from CONSULTANT, that being defined as the cost of Errors plus fifteen percent (15%) of the cost of Omissions above two percent (2%) of the Construction Cost. 10.9.4 To obtain such recovery, the CITY shall deduct from C O N S U L T A N T ’s fee a sufficient amount to defend, indemnify and hold CONSULTANT harmless recover all such additional cost to the same extent that the contractor is obligated to defendCITY. 10.9.5 In executing this Agreement, indemnify CONSULTANT acknowledges acceptance of these calculations and hold CLIENT harmless and also require the contractor to add CONSULTANT as an additional insured on the contractor’s Commercial General Liability and Auto Liability insurance policies applicable to the ProjectCITY’s right to recover same as stated above. CLIENT shall also require the construction contractor to assume sole and complete responsibility for Project site health and safety during the course The recovery of construction, including but not limited additional costs to the safety CITY under this paragraph shall not limit or preclude recovery for other separate and/or additional damages which the CITY may otherwise incur. 10.9.6 The Contract Administrator’s decision as to whether a Change Order is caused by an Error or caused by an Omission, taking into consideration industry standards, shall be final and binding on both Parties for amounts in the aggregate under $100,000 per project, subject to Section 9.3. In the event of all persons a dispute in an amount over $100,000, the P arties agree to use their best efforts to settle such dispute. To this effect, they shall consult and property related negotiate with each other, in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If they do not reach such solution within a period of sixty (60) days, then upon notice to the Projectother, either Party may commence litigation to resolve the dispute in Broward County, Florida.

CONSULTANT’S RESPONSIBILITIES. 6.1 10.1 The CONSULTANT, following the CITY’s approval of the Construction Documents and of the Final Statement of Probable Construction Costs, shall, when so directed and authorized by the CITY, assist the CITY in estimating construction costs, reviewing proposals, and assist in awarding contracts for construction. If requested, CONSULTANT shall designate review and analyze the proposals received by the CITY and shall make a project manager recommendation for any award based on the performance City of the ServicesFort Lauderdale Procurement Ordinance. 6.2 CONSULTANT shall perform the Services as an independent contractor and not as CLIENT’s agent 10.2 Estimates, opinions of probable construction or employee. CONSULTANT shall be solely responsible for the compensationimplementation costs, benefitsfinancial evaluations, contributions and taxes, if any, of its employees and agents. 6.3 The standard of care applicable to CONSULTANT’s Services will be the degree of skill and diligence normally employed feasibility studies or economic analyses prepared by professional consultants performing the same or similar services at the time and location said Services are performed. CONSULTANT will re-perform any Services not meeting this standard without additional compensation. 6.4 CONSULTANT may, during the course of represent its Services, prepare opinions of the probable cost of constructionbest judgment based on its experience and available information. CLIENT acknowledges, however, The CITY recognizes that CONSULTANT has no control over costs of labor, materials, competitive bidding environments and procedures, unknown field conditions, financial and/or equipment or services furnished by others or over market conditions or CONSULTANT’s methods of determining prices, and that any evaluation of a facility to be constructed or work to be performed is speculative. Accordingly, CONSULTANT does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by CONSULTANT. 10.3 In the event that the lowest “best value” bid, as such term is used in the City of Fort Lauderdale Procurement Code, excluding any alternate bid items (“base bid”), exceeds the Estimated Construction Cost for a project by more than ten percent (10%), CONSULTANT shall explain, in writing, the reasons why the bids or proposals exceeded the ten percent (10%) factor following the analysis of all base bids. In such a circumstance, the CITY may at its sole discretion, exercise any one or more of the following options: • CONSULTANT shall be required to amend at the sole cost and expense of CONSULTANT, the Construction Drawings, Technical Specifications and Supplemental Conditions to enable the project to conform to a maximum of ten (10%) above the Estimated Construction Costs of the project, such amendments to be subject to the written final acceptance and approval of same by the CITY; • CONSULTANT shall be required to provide at the cost and expense of CONSULTANT re-bidding services and related items (including costs associated with regulatory review and approval of revised documents) as many times as requested by the CITY until the base bid of at least one “best value” bid falls within the factor of ten (10%) of the Estimated Construction Cost of the project; • The CITY may approve an increase in the Estimated Construction Cost of the Project; • The CITY may reject all bids or proposals and may authorize re-bidding; • The CITY may if permitted, approve a renegotiation of the Project within a reasonable time; • The CITY may abandon the project and terminate CONSULTANT’s work authorization and Services for the Project; or • The CITY may select as many deductive alternatives as may be necessary to bring the award within ten percent (10%) of the Estimated Construction Costs of the Project. It is expressly understood and agreed that the redesigning services required to keep the Project within 10% of the Estimated Construction Cost shall not be considered additional services and CONSULTANT agrees that it shall not seek compensation from the CITY for such Services. 10.4 The CONSULTANT may be requested to provide the CITY with a list of recommended, prospective proposers. 10.5 The CONSULTANT may be asked to attend all pre-bid / proposal conferences. 10.6 The CONSULTANT shall recommend any addenda, through the Contract Administrator, as appropriate to clarify, correct, or change proposal /bid documents. 10.7 If pre-qualification of proposers is required as set forth in the request for proposal, CONSULTANT shall assist the CITY, if requested, in developing qualification criteria, review qualifications and recommend acceptance or rejection of the proposers. If requested, CONSULTANT shall evaluate proposals and proposers, and make recommendations regarding any award by the CITY. 10.8 The CITY shall make decisions on claims regarding interpretation of the Construction Documents, and on other factors affecting matters relating to the execution and progress of the work after receiving a recommendation from CO N S UL T A NT . CONSULTANT may also assist in approving progress payments to the Contractor based on each Project Schedule of Values and the percentage of work completed. 10.9 The CITY shall maintain a record of all Change Orders which shall be categorized according to the various types, causes, etc. that it may be determined are useful or necessary for its purpose. Among those shall be Change Orders identified as architectural/engineering Errors or Omissions. 10.9.1 Unless otherwise agreed by both P arties in writing, it is specifically agreed that any change to the work identified as an Error on the part of CONSULTANT shall be considered for purposes of this Agreement to be an additional cost to the CITY which would not be incurred without the Error. Errors on the part of the CONSULTANT shall be rectified by the CONSULTANT with no additional cost to the CITY. 10.9.2 Unless otherwise agreed by both Parties in writing, it is further specifically agreed for purposes of this Agreement that fifteen percent (15%) of the cost of Change Orders for any item categorized as an Omission shall be considered an additional cost to the construction and CITY which would not be incurred without the operation Omission. So long as the total of those two numbers (Change Order costs of Errors plus fifteen percent (15%) of Omissions) remains less than two percent (2%) of the facilities, all of which are beyond CONSULTANT’s control and are unavoidably in a state of change. CLIENT therefore acknowledges that CONSULTANT cannot and does not make any warranty, promise, or representation, either express or implied, that proposals, bids, opinions of probable construction costs, or cost of operation or maintenance will not vary substantially from its probable cost estimates. 6.5 When CONSULTANT provides on-site monitoring personnel during construction as part of its Services, the on-site monitoring personnel will notify CLIENT of any observed defects in the Work; will otherwise make reasonable efforts to guard CLIENT against defects and deficiencies in the work of the contractor(s) and will help to determine if the provisions of the contract documents are being fulfilled. Providing on-site monitoring personnel will not, however, cause CONSULTANT to be responsible for those duties and responsibilities which belong to the construction contractor, and which include, but are not limited to, full responsibility for the means, methods, techniques, sequences and progress of construction, the health and safety precautions incidental thereto, and for performing the construction in accordance with the contract documents. 6.6 In addition to or in lieu of on-site personnel, CONSULTANT’s off-site staff may periodically visit the Project site as part of its Services. Such periodic visits and any observations made by CONSULTANT during such periodic visits shall not make CONSULTANT responsible for, nor relieve the construction contractor of the sole responsibility for all construction means, methods, techniques, sequences, and progress of construction, and the health and safety precautions incidental thereto, and for performing the construction in accordance with the contract documents. 6.7 If the Services involve a construction phase total Construction Cost of the Project, CLIENT the CITY shall require all construction contractor covered by not look to CONSULTANT for reimbursement for Errors and Omissions. 10.9.3 Should the CLIENT’s contracts related sum of the two as defined above (cost of Errors plus fifteen percent (15%) of the cost of Omissions) exceed two percent (2%) of the Construction Cost, the CITY shall recover the full and total additional cost to the ProjectCITY as a result of CONSULTANT’s Errors and Omissions from CONSULTANT, that being defined as the cost of Errors plus fifteen percent (15%) of the cost of Omissions above two percent (2%) of the Construction Cost. 10.9.4 To obtain such recovery, the CITY shall deduct from CO NS UL T A NT ’s fee a sufficient amount to defend, indemnify and hold CONSULTANT harmless recover all such additional cost to the same extent that the contractor is obligated to defendCITY. 10.9.5 In executing this Agreement, indemnify CONSULTANT acknowledges acceptance of these calculations and hold CLIENT harmless and also require the contractor to add CONSULTANT as an additional insured on the contractor’s Commercial General Liability and Auto Liability insurance policies applicable to the ProjectCITY’s right to recover same as stated above. CLIENT shall also require the construction contractor to assume sole and complete responsibility for Project site health and safety during the course The recovery of construction, including but not limited additional costs to the safety CITY under this paragraph shall not limit or preclude recovery for other separate and/or additional damages which the CITY may otherwise incur. 10.9.6 The Contract Administrator’s decision as to whether a Change Order is caused by an Error or caused by an Omission, taking into consideration industry standards, shall be final and binding on both Parties for amounts in the aggregate under $100,000 per project, subject to Section 9.3. In the event of all persons a dispute in an amount over $100,000, the P arties agree to use their best efforts to settle such dispute. To this effect, they shall consult and property related negotiate with each other, in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If they do not reach such solution within a period of sixty (60) days, then upon notice to the Projectother, either Party may commence litigation to resolve the dispute in Broward County, Florida.

CONSULTANT’S RESPONSIBILITIES. 6.1 10.1 The CONSULTANT, following the CITY’s approval of the Construction Documents and of the Final Statement of Probable Construction Costs, shall, when so directed and authorized by the CITY, assist the CITY in estimating construction costs, reviewing proposals, and assist in awarding contracts for construction. If requested, CONSULTANT shall designate review and analyze the proposals received by the CITY and shall make a project manager recommendation for any award based on the performance City of the ServicesFort Lauderdale Procurement Ordinance. 6.2 CONSULTANT shall perform the Services as an independent contractor and not as CLIENT’s agent 10.2 Estimates, opinions of probable construction or employee. CONSULTANT shall be solely responsible for the compensationimplementation costs, benefitsfinancial evaluations, contributions and taxes, if any, of its employees and agents. 6.3 The standard of care applicable to CONSULTANT’s Services will be the degree of skill and diligence normally employed feasibility studies or economic analyses prepared by professional consultants performing the same or similar services at the time and location said Services are performed. CONSULTANT will re-perform any Services not meeting this standard without additional compensation. 6.4 CONSULTANT may, during the course of represent its Services, prepare opinions of the probable cost of constructionbest judgment based on its experience and available information. CLIENT acknowledges, however, The CITY recognizes that CONSULTANT has no control over costs of labor, materials, competitive bidding environments and procedures, unknown field conditions, financial and/or equipment or services furnished by others or over market conditions or CONSULTANT’s methods of determining prices, and that any evaluation of a facility to be constructed or work to be performed is speculative. Accordingly, CONSULTANT does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by CONSULTANT. 10.3 In the event that the lowest “best value” bid, as such term is used in the City of Fort Lauderdale Procurement Code, excluding any alternate bid items (“base bid”), exceeds the Estimated Construction Cost for a project by more than ten percent (10%), CONSULTANT shall explain, in writing, the reasons why the bids or proposals exceeded the ten percent (10%) factor following the analysis of all base bids. In such a circumstance, the CITY may at its sole discretion, exercise any one or more of the following options: • CONSULTANT shall be required to amend at the sole cost and expense of CONSULTANT, the Construction Drawings, Technical Specifications and Supplemental Conditions to enable the project to conform to a maximum of ten (10%) above the Estimated Construction Costs of the project, such amendments to be subject to the written final acceptance and approval of same by the CITY; • CONSULTANT shall be required to provide at the cost and expense of CONSULTANT re-bidding services and related items (including costs associated with regulatory review and approval of revised documents) as many times as requested by the CITY until the base bid of at least one “best value” bid falls within the factor of ten (10%) of the Estimated Construction Cost of the project; • The CITY may approve an increase in the Estimated Construction Cost of the Project; • The CITY may reject all bids or proposals and may authorize re-bidding; • The CITY may if permitted, approve a renegotiation of the Project within a reasonable time; • The CITY may abandon the project and terminate CONSULTANT’s work authorization and Services for the Project; or • The CITY may select as many deductive alternatives as may be necessary to bring the award within ten percent (10%) of the Estimated Construction Costs of the Project. It is expressly understood and agreed that the redesigning services required to keep the Project within 10% of the Estimated Construction Cost shall not be considered additional services and CONSULTANT agrees that it shall not seek compensation from the CITY for such Services. 10.4 The CONSULTANT may be requested to provide the CITY with a list of recommended, prospective proposers. 10.5 The CONSULTANT may be asked to attend all pre-bid / proposal conferences. 10.6 The CONSULTANT shall recommend any addenda, through the Contract Administrator, as appropriate to clarify, correct, or change proposal /bid documents. 10.7 If pre-qualification of proposers is required as set forth in the request for proposal, CONSULTANT shall assist the CITY, if requested, in developing qualification criteria, review qualifications and recommend acceptance or rejection of the proposers. If requested, CONSULTANT shall evaluate proposals and proposers, and make recommendations regarding any award by the CITY. 10.8 The CITY shall make decisions on claims regarding interpretation of the Construction Documents, and on other factors affecting matters relating to the execution and progress of the work after receiving a recommendation from C O N S U L T A N T . CONSULTANT may also assist in approving progress payments to the Contractor based on each Project Schedule of Values and the percentage of work completed. 10.9 The CITY shall maintain a record of all Change Orders which shall be categorized according to the various types, causes, etc. that it may be determined are useful or necessary for its purpose. Among those shall be Change Orders identified as architectural/engineering Errors or Omissions. 10.9.1 Unless otherwise agreed by both P arties in writing, it is specifically agreed that any change to the work identified as an Error on the part of CONSULTANT shall be considered for purposes of this Agreement to be an additional cost to the CITY which would not be incurred without the Error. Errors on the part of the CONSULTANT shall be rectified by the CONSULTANT with no additional costs to the CITY. 10.9.2 Unless otherwise agreed by both Parties in writing, it is further specifically agreed for purposes of this Agreement that fifteen percent (15%) of the cost of Change Orders for any item categorized as an Omission shall be considered an additional cost to the construction and CITY which would not be incurred without the operation Omission. So long as the total of those two numbers (Change Order costs of Errors plus fifteen percent (15%) of Omissions) remains less than two percent (2%) of the facilities, all of which are beyond CONSULTANT’s control and are unavoidably in a state of change. CLIENT therefore acknowledges that CONSULTANT cannot and does not make any warranty, promise, or representation, either express or implied, that proposals, bids, opinions of probable construction costs, or cost of operation or maintenance will not vary substantially from its probable cost estimates. 6.5 When CONSULTANT provides on-site monitoring personnel during construction as part of its Services, the on-site monitoring personnel will notify CLIENT of any observed defects in the Work; will otherwise make reasonable efforts to guard CLIENT against defects and deficiencies in the work of the contractor(s) and will help to determine if the provisions of the contract documents are being fulfilled. Providing on-site monitoring personnel will not, however, cause CONSULTANT to be responsible for those duties and responsibilities which belong to the construction contractor, and which include, but are not limited to, full responsibility for the means, methods, techniques, sequences and progress of construction, the health and safety precautions incidental thereto, and for performing the construction in accordance with the contract documents. 6.6 In addition to or in lieu of on-site personnel, CONSULTANT’s off-site staff may periodically visit the Project site as part of its Services. Such periodic visits and any observations made by CONSULTANT during such periodic visits shall not make CONSULTANT responsible for, nor relieve the construction contractor of the sole responsibility for all construction means, methods, techniques, sequences, and progress of construction, and the health and safety precautions incidental thereto, and for performing the construction in accordance with the contract documents. 6.7 If the Services involve a construction phase total Construction Cost of the Project, CLIENT the CITY shall require all construction contractor covered by not look to CONSULTANT for reimbursement for Errors and Omissions. 10.9.3 Should the CLIENT’s contracts related sum of the two as defined above (cost of Errors plus fifteen percent (15%) of the cost of Omissions) exceed two percent (2%) of the Construction Cost, the CITY shall recover the full and total additional cost to the ProjectCITY as a result of CONSULTANT’s Errors and Omissions from CONSULTANT, that being defined as the cost of Errors plus fifteen percent (15%) of the cost of Omissions above two percent (2%) of the Construction Cost. 10.9.4 To obtain such recovery, the CITY shall deduct from C O N S U L T A N T ’s fee a sufficient amount to defend, indemnify and hold CONSULTANT harmless recover all such additional cost to the same extent that the contractor is obligated to defendCITY. 10.9.5 In executing this Agreement, indemnify CONSULTANT acknowledges acceptance of these calculations and hold CLIENT harmless and also require the contractor to add CONSULTANT as an additional insured on the contractor’s Commercial General Liability and Auto Liability insurance policies applicable to the ProjectCITY’s right to recover same as stated above. CLIENT shall also require the construction contractor to assume sole and complete responsibility for Project site health and safety during the course The recovery of construction, including but not limited additional costs to the safety CITY under this paragraph shall not limit or preclude recovery for other separate and/or additional damages which the CITY may otherwise incur. 10.9.6 The Contract Administrator’s decision as to whether a Change Order is caused by an Error or caused by an Omission, taking into consideration industry standards, shall be final and binding on both Parties for amounts in the aggregate under $100,000 per project, subject to Section 9.3. In the event of all persons a dispute in an amount over $100,000, the P arties agree to use their best efforts to settle such dispute. To this effect, they shall consult and property related negotiate with each other, in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If they do not reach such solution within a period of sixty (60) days, then upon notice to the Projectother, either Party may commence litigation to resolve the dispute in Broward County, Florida.