Common use of OWNER’S RESPONSIBILITIES Clause in Contracts

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Program of Requirements to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Program of Requirements to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer Executive Director for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer Executive Director for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Program of Requirements to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer Executive Director for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer Executive Director for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 1415. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide designate a Program of Requirements to Project Architect for the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this AgreementProject. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget the Preliminary Project Cost and general schedule for the Project. The budget PPC will include the Amount Available for the Construction ContractCost Limitation, contingencies for changes in the Work during construction, and other costs which that are the responsibility of the Owner. 2.3 . The general schedule will set forth the Owner’s plan for milestone dates and completion of the Project. The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction will identify a person as its representative Owner Designated Representative (“ODR”) who is authorized to act in the Owner’s 's behalf with respect to the Project. The Owner’s authorized representative 's Designated Representative shall examine the documents submitted by the Architect/Engineer Construction Manager and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress on behalf of the Architect/Engineer’s servicesOwner. The Chief Facilities Officer for the Office Owner will identify a person as its Owner Designated Representative authorized to administer this Agreement on behalf of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including final determination of fees and costs earned by the Architect/EngineerConstruction Manager and equitable backcharges against the Construction Manager. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing surveyors, soils engineers, existing facility surveys, testing and balancing, environmental surveys or other special consultants to develop such additional information to the extent as may be necessary for the design or construction of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of by the Contractor in the Contract Construction Documents. 2.6 . The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed for itself as may be necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for is consistent with reasonable skill and care and the orderly progress of the Architect/Engineer’s Construction Manager's services and of the Work. 2.11 . The Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Construction Manager’s responsibility for the Work. Construction Manager is fully and solely responsible for constructing the Project in strict accordance with the Construction Documents. Owner shall have the right to reject any defective Work on the Project. Should Construction Manager refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Construction Manager on demand. Owner shall furnish one or more to the Construction Inspectors who shall be responsible for inspection Manager the number of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practicesConstruction Document sets as required by this Agreement.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Program of Requirements to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement.the 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer Executive Director for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer Executive Director for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Program of Requirements to the Architect/Engineer, (or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare Management under a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth management agreement with the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who ) shall be responsible for inspection the following: Holding the specified percentage of units available for Special Needs Households that are sent to the Workproperty by the Referral Agency. The reserved unit vacancies must be held open for referrals for at least a period of 30 calendar days starting from the date the unit is vacant and ready to lease. The Owner must notify the Referral Agency that the reserved unit is available on or before the unit becomes vacant and ready to lease. If a Special Needs Household referral is denied, consisting Owner must notify the Referral Agency when that denial is made and continue to hold the reserved unit available to allow the Referral Agency to make referrals within the 30 calendar day-hold period. Notifying the Referral Agency as to the disposition of closeapplications for Link Units, and consider requests for Reasonable Accommodations for those not accepted. Working with Referral Agency to coordinate the first contact with the Special Needs Household and to initiate the application process; Designating a point person on-site examination at the Development to send notice of unit availability to the designated point person from the Referral Agency and to work with the Referral Agency during the leasing and occupancy period for all referred Special Needs Household residents. Employ and maintain a communications plan between Management and Referral Agency that will accommodate staff turnover and assure continuing linkages for the duration of the materialscompliance period. Collaborating with the Referral Agency as appropriate and applicable, structure to address the household’s needs for assistance at application; Notifying the Referral Agency regarding anticipated and equipment; and surveillance actual vacancies in Link Units, as described below in #6 “Availability of XXX Units.” Notifying the Referral Agency, in a timely manner, of issues or concerns that may adversely affect the tenancy of the workmanship household; Contacting Referral Agency if there are any issues or concerns that have not been satisfactorily resolved with the household. Informing the Referral Agency about the property and methods unit characteristics and features, rents and related costs, household income limits or restrictions, resident rights and responsibilities, the resident application process, as well as the information and documents each household will need when applying for the reserved unit. Developing and maintaining a written policy and procedures information document to be given to the Referral Agency that describes the procedures to be used to insure that help referred households apply for, get accepted, and maintain tenancy in a Link Unit. Owner shall inform the Project is reasonably accomplished Referral Agency of any changes in accordance with these procedures. Owner shall include a section on Reasonable Accommodation under the Contract Documents federal Fair Housing Act in this document and good construction practicesthe property’s process for applying for a Reasonable Accommodation.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Facilities Program of Requirements to the Architect/Engineerattached hereto as an Exhibit, or the Owner and Architect/Engineer Project Architect may agree that Architect/Engineer Project Architect shall prepare a Facility Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Facility Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer Project Architect prepares the Program of RequirementsFacility Program, then Owner will review the Facility Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this the Agreement following completion of the Program of RequirementsFacility Program, and shall have no further obligation to Architect/Engineer Project Architect other than payment for services authorized by Owner and provided by Architect/Engineer Project Architect prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction ContractCost Limitation, contingencies for bidding and changes in the Work during construction, and other costs which are the responsibility of the Owner. The schedule attached hereto as an Exhibit, will set forth the Owner’s plan for milestone dates and completion of the Project. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & and Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer Project Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Project Architect/Engineer’s services. The Chief Facilities Officer Associate Vice Chancellor for the Office of Facilities Planning & and Construction is also designated as the Owner’s representative for the purpose of administering this Agreementcontract, including determination of fees earned by the Project Architect and equitable back charges against the Project Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer Project Architect such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer Project Architect or failure of Architect/Engineer Project Architect to perform Project Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of surveyors, geotechnical and laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Projectproject. The Architect/Engineer Project Architect shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed as may be necessary by the Owner for the Project. 2.7 The services, information information, surveys and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documentsdocuments, written notice thereof will be given by the Owner to the Project Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Project Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans plans and Specifications specifications will be furnished in writing to the Architect/Engineer Project Architect as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer Project Architect to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Project Architect/Engineer’s services and of the Work. 2.11 At the time the Construction Documents are issued for construction bids/proposals, the Owner shall prepare a statement calculating the Project Architect’s fees for the Project based upon the provisions of this Agreement and any adjustments to the fee calculation mutually agreed to during design. If Project Architect objects to the revised project fees, Project Architect must notify the Owner of its objections in writing within fourteen (14) days of receipt of the fee statement otherwise Project Architect’s approval of the fee amounts shall be deemed given. 2.12 The Owner shall furnish one or more Construction Inspectors who shall be responsible respo­nsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipmentequip­ment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The 3.1 Owner has provided shall: (a) Designate a representative to whom all communications from Architect shall be directed and who shall have limited administrative authority on behalf of Owner to receive and transmit information and make decisions with respect to Project. Said representative shall not, however, have authority to bind Owner as to matters of legislative or will provide a Program fiscal policy. (b) Advise Architect of Requirements Owner's Project requirements including: objective, project criteria, use and performance requirements, special considerations, physical limitations, financial constraints, and required construction contract provisions and standards. (c) Provide Architect with available information pertinent to the Project including any previous reports, studies or data possessed by Owner which relates to design or construction of the Project. (d) Assist in arranging for Architect to have access to enter private and public property as required for Architect to perform his services. (e) Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by Architect/Engineer, and render written decisions pertaining thereto within a reasonable time. The Owner's approval of Drawings, design, Specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Architect of responsibility for the professional adequacy of his work. The Owner's review, approval or acceptance of, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description payment for, any of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program services shall not be construed to operate as a waiver of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate any rights under this Agreement following completion or of any cause of action arising out of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions performance of this Agreement. 2.2 The Owner will provide a preliminary project budget (f) Upon advice of the necessity to do so from Architect, obtain required approvals and schedule permits for the Project. The budget will include the Amount Available Architect shall provide all supportive documents and exhibits necessary for the Construction Contract, contingencies for changes in the Work during construction, obtaining said approvals and other costs which are the responsibility of the Ownerpermits. 2.3 The (g) Notify Architect whenever Owner designates becomes aware of any substantial development or occurrence which materially affects the Chief Facilities Officer scope or timing of Architect's services. (h) Owner shall perform its obligations and render decisions within a reasonable time under the presented circumstances. However, given the nature of Owner's internal organization and requirements, a period of 14 days shall be presumed reasonable for the Office any decision not involving policy decision or significant financial impact. A period of Facilities Planning & Construction as its representative authorized 45 days shall be presumed reasonable for Owner to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss matter involving policy or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claimssignificant financial impact. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. ‌ 2.1 The Owner has provided or will provide a Program of Requirements to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 9.1 The Owner has provided or will provide designate a Program of Requirements to Project Architect for the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this AgreementProject. 2.2 9.2 The Owner will provide a preliminary project budget the Preliminary Project Cost and general schedule for the Project. The budget PPC will include the Amount Available for the Construction ContractCost Limitation, contingencies for changes in the Work during construction, and other costs which that are the responsibility of the Owner. The general schedule will set forth the Owner’s plan for milestone dates and completion of the Project. 2.3 9.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction will identify a person as its representative Owner Designated Representative (“ODR”) who is authorized to act in the Owner’s 's behalf with respect to the Project. The Owner’s authorized representative 's Designated Representative shall examine the documents submitted by the Architect/Engineer Construction Manager and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress on behalf of the Architect/Engineer’s services. Owner. 9.4 The Chief Facilities Officer for the Office Owner will identify a person as its Owner Designated Representative authorized to administer this Agreement on behalf of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including final determination of fees and costs earned by the Architect/Engineer. The Owner shall have Construction Manager and equitable backcharges against the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claimsConstruction Manager. 2.4 9.5 The Owner, at Owner’s cost, will secure the services of laboratory testing surveyors, soils engineers, existing facility surveys, testing and balancing, environmental surveys or other special consultants to develop such additional information to the extent as may be necessary for the design or construction of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 9.6 The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of by the Contractor in the Contract Construction Documents. 2.6 9.7 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed for itself as may be necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 9.8 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for is consistent with reasonable skill and care and the orderly progress of the Architect/Engineer’s Construction Manager's services and of the Work. 2.11 9.9 The Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Construction Manager’s responsibility for the Work. Construction Manager is fully and solely responsible for constructing the Project in strict accordance with the Construction Documents. 9.10 Owner shall have the right to reject any defective Work on the Project. Should Construction Manager refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Construction Manager on demand. 9.11 Owner shall furnish one or more to the Construction Inspectors who shall be responsible for inspection Manager the number of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practicesConstruction Document sets as required by this Agreement.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will shall provide a Program of Requirements full information to the Architect/Engineer, or Consultant about the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project costobjectives, schedule, criteria for constraints and existing conditions of the project, and shall establish a budget with reasonable contingencies that matches the project requirements. The Owner shall provide design objectivescriteria, characteristics and constraints, including space requirements and relationships, special equipment and systems, and site requirements. When required by the project, the Owner shall provide a survey which describes physical characteristics, legal limitations and utility locations for the site of the Project, plus a written legal description of the site. The survey and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions of existing facilitiesbuildings, other improvements and desired special components, systems and equipmenttrees. If Architect/Engineer prepares All the Program of Requirements, then Owner will review information on the Program of Requirements when completed and then determine whether survey shall be referenced to proceed with the Project and authorize commencement of Basic Servicesa project benchmark. The Owner reserves may direct the right Consultant to terminate this Agreement following completion obtain the survey and reimburse the Consultant for the cost. When required by the project, the Owner shall provide geo-technical engineering services which may include but are not limited to test borings, test pits, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. The Owner may direct the Consultant to obtain the geo-technical engineering services and reimburse the Consultant for the cost. However, the Consultant shall be responsible as part of Basic Services for the development of the Program scope of Requirementswork required to solicit information relative to subsoil conditions for the Project site, pertaining to foundation design and septic system design, if applicable. The Owner shall have no further obligation provide reasonable access to Architect/Engineer other than payment the Project site in order for services authorized the Consultant to perform the Consultant’s responsibilities. The Owner shall communicate about matters relating to the Contract Documents primarily through the Consultant to the Subconsultants and through the Consultant to the Contractor. The Owner shall manage the Project Budget and inform the Consultant and the Contractor, as necessary, of revisions to the budget. Bid and Project Contingency funds may be expended only with written approval of the Owner. The Owner shall, in the event the lowest bona fide bid or negotiated bid exceeds the cost of the Work, implement one of the following options by Owner and provided by Architect/Engineer prior written directive: instruct the Consultant to such termination in accordance revise the Project design as needed, based on an altered scope or design parameters, to align with the terms and conditions project budget, or approve of this Agreement. 2.2 The Owner will provide an increase in the budget for construction, or authorize re-bidding or renegotiating of the Project within a preliminary project budget and schedule for reasonable time, or terminate the Project. The budget will include Owner shall advise the Amount Available for Consultant of any known Owner-related reviews or approval processes of third parties which the Construction ContractConsultant may not be aware, contingencies for changes in the Work during construction, and other costs which are the responsibility yet requires work of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/EngineerConsultant. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure coordinate the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in provided by the Owner’s instructions to such providers. 2.5 other consultants with those services provided by the Consultant and their Subconsultants. The Owner shall arrange provide timely responses to the Consultant’s recommendations and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 advice. The Owner shall furnish perform all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions responsibilities as expeditiously as necessary for possible, consistent with normal skill and care and the orderly progress of the Architect/Engineer’s services and of the WorkProject. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The 5.1 ACCESS Owner has provided or will shall provide a Program of Requirements Consultant with reasonable access to the Architect/Engineer, or Worksite so as to assist Consultant in its performance of all tasks reasonably necessary for the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program completion of Requirements as an Additional Service as set forth in Article 14 of Services under this Agreement. 5.2 UTILITIES Consultant, along with any Subcontractors, shall arrange to locate and mark all underground utilities. The Program of Requirements This work will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination be performed in accordance with the terms individual state or local legally-authorized utility locating service known variously as “One Call,” “Miss Utility” or other such entitled services. Underground utilities not located and conditions marked by the state or local legally authorized locating services will be located through the use of this Agreementa private utility locator for which Consultant will be compensated. Underground utilities or subterranean structures owned or installed by Owner shall be located and marked by Owner at his/her expense. No subsurface exploration services will commence until all known underground utilities are located and marked. Consultant shall take reasonable precautions to avoid known underground utilities and subterranean structures. 2.2 The Owner will provide a preliminary project budget and schedule for 5.3 OWNER’S REPRESENTATIVE Owner's Representative is identified under Article 11. Owner’s Representative shall: (a) be fully acquainted with the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during constructionServices, and other costs which are Worksite; (b) agree to furnish the responsibility information and services required of Owner in a timely manner; and (c) is authorized to act on behalf of the Owner and provide general administration of the Agreement and fulfill the duties, rights and obligations of the Owner under the Agreement. If Owner changes its Representative or the Representative's authority, Owner shall promptly notify Consultant in writing in advance. 5.3.1 The Director of Design & Construction or designee shall be the principal representative of the Owner. All communications between the Owner and Consultant shall be made through the Owner's Representative. The Owner's Representative shall be at all meetings with the Consultant and other institutional personnel during the Project. 2.3 5.3.2 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf Representative shall meet and confer with respect the Consultant and its Subcontractors as necessary to ensure complete understanding and communication relative to the needs and requirements of the Project. The Owner’s authorized representative Representative shall examine notify the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay Consultant in writing of any change in the progress of the Architectwritten program/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claimsrequirements. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide designate a Program of Requirements to Project Architect for the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this AgreementProject. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget the Preliminary Project Cost and general schedule for the Project. The budget PPC will include the Amount Available for the Construction ContractCost Limitation, contingencies for changes in the Work during construction, and other costs which that are the responsibility of the Owner. 2.3 . The general schedule will set forth the Owner’s plan for milestone dates and completion of the Project. The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction will identify a person as its representative Owner Designated Representative (“ODR”) who is authorized to act in the Owner’s 's behalf with respect to the Project. The Owner’s authorized representative 's Designated Representative shall examine the documents submitted by the Architect/Engineer Construction Manager and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress on behalf of the Architect/Engineer’s servicesOwner. The Chief Facilities Officer for the Office Owner will identify a person as its Owner Designated Representative authorized to administer this Agreement on behalf of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including final determination of fees and costs earned by the Architect/EngineerConstruction Manager and equitable backcharges against the Construction Manager. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory surveyors, soils engineers, existing facility surveys, testing engineersand balancing, environmental surveys, or other special consultants to develop such additional information to the extent as may be necessary for the design or construction of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for materials, structural, mechanical, chemical chemical, and other laboratory tests as necessary during construction except as required of by the Contractor in the Contract Construction Documents. 2.6 . The Owner shall furnish all legal, accounting, auditing auditing, and insurance counseling services deemed for itself as may be necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for is consistent with reasonable skill and care and the orderly progress of the Architect/Engineer’s Construction Manager's services and of the Work. 2.11 . The Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Construction Manager’s responsibility for the Work. Construction Manager is fully and solely responsible for constructing the Project in strict accordance with the Construction Documents. Owner shall have the right to reject any defective Work on the Project. Should Construction Manager refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Construction Manager on demand. Owner shall furnish one or more to the Construction Inspectors who shall be responsible for inspection Manager the number of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practicesConstruction Document sets as required by this Agreement.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide 3.1 OWNER shall designate in writing a Program of Requirements project coordinator to act as OWNER’S representative with respect to the Architect/Engineer, or services to be rendered under this Agreement (hereinafter referred to as the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a “Program of Requirements as an Additional Service as set forth in Article 14 of this AgreementManager”). The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and Manager shall have no further obligation authority to Architect/Engineer other than payment for transmit instructions, receive information, interpret and define OWNER’S policies and decisions with respect to DESIGN PROFESSIONAL’S services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget However, except as may be otherwise expressly authorized in writing by the Chatham County School OWNER, neither the Program Manager nor any other party is authorized to issue any verbal or written orders or instructions to DESIGN PROFESSIONAL that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever the: (1) scope of services to be provided and performed by DESIGN PROFESSIONAL hereunder; (2) the time DESIGN PROFESSIONAL is obligated to complete all such services; or (3) the amount of compensation OWNER is obligated or committed to pay DESIGN PROFESSIONAL. Additional Services must be approved in writing in the form of a written and executed amendment to this Agreement prior to starting such services. OWNER will include the Amount Available not be responsible for the Construction Contractcosts of Additional Services commenced without its express prior written approval. Failure to obtain prior written approval for Additional Services waives DESIGN PROFESSIONAL’S claim that it performed Additional Services and instead such services will be deemed to be part of the Basic Services required of DESIGN PROFESSIONAL hereunder. 3.2 OWNER shall provide, contingencies if available, all criteria and information requested by DESIGN PROFESSIONAL as to OWNER’S requirements for changes in the Work during constructionProject, including design objectives and constraints, space, Educational Specification, capacity and performance requirements, flexibility and expendability, and other costs any budgetary limitations, which are not addressed within the responsibility Scope of Services. 3.3 Upon request from DESIGN PROFESSIONAL, OWNER will assist DESIGN PROFESSIONAL by making available to DESIGN PROFESSIONAL all reasonably available information in OWNER’S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the OwnerProject. 2.3 The Owner designates 3.4 OWNER shall arrange for access to and make all provisions for DESIGN PROFESSIONAL to enter the Chief Facilities Officer for Project site to perform the Office services to be provided by DESIGN PROFESSIONAL under this Agreement. DESIGN PROFESSIONAL acknowledges that such access may be provided during times that are not the normal business hours of Facilities Planning & Construction as its representative authorized DESIGN PROFESSIONAL. 3.5 OWNER shall provide written notice to act in the Owner’s behalf DESIGN PROFESSIONAL of any deficiencies or defects discovered by OWNER with respect to the Project. The Owner’s authorized representative shall examine services to be rendered by DESIGN PROFESSIONAL hereunder. 3.6 Wherever the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptlyterms of this Agreement refer to some action, consent, or approval (excluding approvals of Additional Services or changes to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement) to be provided by OWNER or some notice, including determination of fees earned by the Architect/Engineer. The Owner report or document is to be provided to OWNER, such reference to “OWNER” shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Ownermean OWNER, at Owner’s cost, will secure the services of laboratory testing engineersOWNER’S staff, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providersOWNER’S designee, unless otherwise stated. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The 5.1 ACCESS Owner has provided or will shall provide a Program of Requirements Consultant with reasonable access to the Architect/Engineer, or Worksite so as to assist Consultant in its performance of all tasks reasonably necessary for the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program completion of Requirements as an Additional Service as set forth in Article 14 of Services under this Agreement. 5.2 UTILITIES Consultant, along with any Subcontractors, shall arrange to locate and xxxx all underground utilities. The Program of Requirements This work will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination be performed in accordance with the terms individual state or local legally-authorized utility locating service known variously as “One Call,” “Miss Utility” or other such entitled services. Underground utilities not located and conditions marked by the state or local legally authorized locating services will be located through the use of this Agreementa private utility locator for which Consultant will be compensated. Underground utilities or subterranean structures owned or installed by Owner shall be located and marked by Owner at his/her expense. No subsurface exploration services will commence until all known underground utilities are located and marked. Consultant shall take reasonable precautions to avoid known underground utilities and subterranean structures. 2.2 The Owner will provide a preliminary project budget and schedule for 5.3 OWNER’S REPRESENTATIVE Owner's Representative is identified under Article 11. Owner’s Representative shall: (a) be fully acquainted with the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during constructionServices, and other costs which are Worksite; (b) agree to furnish the responsibility information and services required of Owner in a timely manner; and (c) is authorized to act on behalf of the Owner and provide general administration of the Agreement and fulfill the duties, rights and obligations of the Owner under the Agreement. If Owner changes its Representative or the Representative's authority, Owner shall promptly notify Consultant in writing in advance. 5.3.1 The Director of Design & Construction or designee shall be the principal representative of the Owner. All communications between the Owner and Consultant shall be made through the Owner's Representative. The Owner's Representative shall be at all meetings with the Consultant and other institutional personnel during the Project. 2.3 5.3.2 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf Representative shall meet and confer with respect the Consultant and its Subcontractors as necessary to ensure complete understanding and communication relative to the needs and requirements of the Project. The Owner’s authorized representative Representative shall examine notify the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay Consultant in writing of any change in the progress of the Architectwritten program/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claimsrequirements. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 Unless otherwise provided under this Agreement, the Owner shall provide information in a timely manner regarding requirements and parameters of the Project. The Owner has provided or will provide a Program of Requirements to shall furnish information, in conjunction with the Architect/Engineer’s services, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set setting forth the Owner’s description of the project scope, preliminary project costobjectives, schedule, criteria for design objectivesconstraints and criteria, characteristics and constraints, including space requirements and relationships, site requirements, existing facilities, and desired special componentsequipment, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction site requirements as its representative authorized to act in the Owner’s behalf with respect applicable to the Project. The Owner’s authorized representative Owner shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptlythereto. The Owner shall furnish the services of consultants other than those designated as part of the Architect/Engineer’s responsibility or authorize the Architect/Engineer to furnish them as a change in service or scope. The Owner shall furnish testing, inspections, and reports as necessary for the Project such as geotechnical, structural, mechanical, chemical, hazardous materials, and other laboratory tests, inspections, and reports not incorporated into this Agreement or shall authorize the Architect/Engineer to avoid unreasonable delay furnish them as a change in service or scope. The Owner shall furnish accounting and auditing services as may be necessary for the Project as he may require to ascertain how or for what purposes the Architect/Engineer has used the funds paid under the terms of this Agreement. If the Owner observes or otherwise becomes aware of any error, fault, omission, or defect in the Project or non-conformance with the documentation or Plans and Specifications, he shall give prompt notice thereof to the Architect/Engineer. Upon request, the Owner shall prepare for the Architect/Engineer the necessary bidding information, wage rates, and the General and any Supplementary General Conditions of the Construction Contract, commonly called the "Boiler Plate", and other specifications deemed necessary by the Owner, for inclusion into the Contract Documents. Boiler plate and bidding information provided by the Owner shall be included in the bidding documents without modification by the Architect/Engineer unless changes are requested and/or approved by the Owner. Any changes made by the Architect/Engineer without consent of the Owner shall be the Architect/Engineer’s responsibility. Architect/Engineer’s Responsibilities: The Architect/Engineer’s services shall be performed as expeditiously as is consistent with professional skill and care, the essential orderly progress of the Project, and in accordance with the Project Schedule. The Architect/Engineer recognizes and agrees that time is of the essence of this Agreement in the performance of its services. The Architect/Engineer shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law or create the risk of significant harm to the public. The Architect/Engineer shall require similar agreements of the Architect/Engineer’s consultants to maintain the confidentiality of information specifically designated as confidential by the Owner. Except with the Owner’s knowledge and express written consent, the Architect/Engineer shall not engage in any activity, or accept any employment, other agreement, interest, or contribution that would reasonably appear to compromise the Architect/Engineer’s professional judgment with respect to this Project. The Architect/Engineer is expressly prohibited from participating in or bidding on any part of the Contract for Construction or multiple construction contracts, if any, let by the Owner. The Architect/Engineer shall review laws, codes, and regulations applicable to the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. The Architect/Engineer shall provide be entitled to rely on the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange accuracy and pay for structural, mechanical, chemical completeness of services and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary information furnished by the Owner for and/or the Project. 2.7 Agency. The services, information and reports required by the preceding paragraphs Architect/Engineer shall be furnished at the Owner’s expense. 2.8 If provide prompt written notice to the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to if the Architect/Engineer as promptly as possible after receipt becomes aware of the documents for review. Owner’s approval of the documents must be any errors, omissions, or inconsistencies in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design reviewsuch services or information. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Program of Requirements to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 1415. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide For each Work Authorization, OWNER shall designate in writing a Program of Requirements project coordinator to act as OWNER’S representative with respect to the Architect/EngineerServices to be rendered under the Work Authorization (hereinafter referred to as the “Project Manager”). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER’S policies and decisions with respect to DESIGN PROFESSIONAL’S Services under the Work Authorization. However, except as may be otherwise expressly authorized in writing by the Orange County School Board, neither the Project Manager nor any other party is authorized to issue any verbal or written orders or instructions to DESIGN PROFESSIONAL that would have the effect, or be interpreted to have the Owner effect, of modifying or changing in any way whatever the: (1) scope of Services to be provided and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service performed by DESIGN PROFESSIONAL as set forth in Article 14 the Work Authorization; (2) the time DESIGN PROFESSIONAL is obligated to complete all such Services as set forth in the Work Authorization or in the Schedule submitted and approved pursuant to this Agreement; or (3) the amount of compensation OWNER is obligated or committed to pay DESIGN PROFESSIONAL as set forth in the Work Authorization. Any additional services must be approved in writing in the form of a written and executed amendment to this Agreement or applicable Work Authorization prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without its express prior written approval. Failure to obtain prior written approval for Additional Services waives DESIGN PROFESSIONAL’s claim that it performed Additional Services and instead such services will be deemed to be part of the Basic Services required of DESIGN PROFESSIONAL hereunder. 2.2 OWNER shall provide, if available, all criteria and information requested by DESIGN PROFESSIONAL as to OWNER’S requirements for the Services specified in the Work Authorization, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations, which may effect the scope of Services. 2.3 Upon request from DESIGN PROFESSIONAL, OWNER will assist DESIGN PROFESSIONAL by making available to DESIGN PROFESSIONAL all reasonably available information in OWNER’S possession pertinent to the Services specified in the Work Authorization, including existing drawings, specifications, shop drawings, product 6 (CDP) literature, previous reports and any other data relative to design or construction set forth in the Work Authorization. 2.4 OWNER shall arrange for access to and make all provisions for DESIGN PROFESSIONAL to enter the site set forth in the Work Authorization (if any) to perform the Services to be provided by DESIGN PROFESSIONAL under this Agreement. The Program DESIGN PROFESSIONAL acknowledges that such access may be provided during times that are not the normal business hours of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this AgreementDESIGN PROFESSIONAL. 2.2 The Owner will 2.5 OWNER shall provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility written notice to DESIGN PROFESSIONAL of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf any deficiencies or defects discovered by OWNER with respect to the Project. The Owner’s authorized representative shall examine the documents submitted Services to be rendered by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract DocumentsDESIGN PROFESSIONAL hereunder. 2.6 The Owner shall furnish all legalWherever the terms of this Agreement refer to some action, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defectsconsent, or conflicts existapproval (excluding approvals of Additional Services or changes to this Agreement) to be provided by OWNER or some notice, report or document is to be provided to OWNER, such reference to “OWNER” shall mean OWNER, OWNER’S staff, or OWNER’S designee, unless otherwise stated. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The ACCESS Owner has provided or will shall provide a Program of Requirements Consultant with reasonable access to the Architect/Engineer, or Worksite so as to assist Consultant in its performance of all tasks reasonably necessary for the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program completion of Requirements as an Additional Service as set forth in Article 14 of Services under this Agreement. The Program of Requirements UTILITIES Consultant, along with any Subcontractors, shall arrange to locate and xxxx all underground utilities. This work will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination be performed in accordance with the terms individual state or local legally-authorized utility locating service known variously as “One Call,” “Miss Utility” or other such entitled services. Underground utilities not located and conditions marked by the state or local legally-authorized locating services will be located through the use of this Agreement. 2.2 The a private utility locator for which Consultant will be compensated. Underground utilities or subterranean structures owned or installed by Owner shall be located and marked by Owner at his/her expense. No subsurface exploration services will provide a preliminary project budget commence until all known underground utilities are located and schedule for marked. Consultant shall take reasonable precautions to avoid known underground utilities and subterranean structures. OWNER’S REPRESENTATIVE Owner's Representative is identified under Article 11. Owner’s Representative shall: (a) be fully acquainted with the Project, Services, and Worksite; (b) agree to furnish the information and services required of Owner in a timely manner; and (c) is authorized to act on behalf of the Owner and provide general administration of the Agreement and fulfill the duties, rights and obligations of the Owner under the Agreement. If Owner changes its Representative or the Representative's authority, Owner shall promptly notify Consultant in writing in advance. The budget will include Director of Design & Construction or designee shall be the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility principal representative of the Owner. 2.3 The . All communications between the Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in and Consultant shall be made through the Owner’s behalf 's Representative. The Owner's Representative shall be at all meetings with respect to the Consultant and other institutional personnel during the Project. The Owner’s authorized representative Representative shall examine meet and confer with the documents submitted by the Architect/Engineer Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated its Subcontractors as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information ensure complete understanding and communication relative to the extent necessary for the design needs and requirements of the Project. The ArchitectOwner’s Representative shall notify the Consultant in writing of any change in the written program/Engineer requirements. INFORMATION AND SERVICES PROVIDED BY OWNER Owner’s responsibilities under this article shall be fulfilled with reasonable detail and in a timely manner. WORKSITE INFORMATION. To the extent Owner has obtained, or is required by this Agreement to obtain, the following Worksite information, Owner shall provide such information at Owner's expense and with reasonable promptness: Information describing the Owner with parameters for inclusion in physical characteristics of the Owner’s instructions site, including surveys, Worksite evaluations, legal descriptions, data, notes, maps, or drawings depicting existing surface and/or subsurface conditions, boring logs, site photos, geophysical logs, lab tests, environmental studies, reports and investigation findings, and field observations, and any other data, reports, or information relevant to such providers. 2.5 The Owner the Services. Worksite descriptions shall arrange and pay for structural, mechanical, chemical include existing buildings and other laboratory tests as necessary during construction except as and all other pertinent site conditions. Adjacent property descriptions shall include structures, streets, sidewalks, alleys and other features relevant to the Services. Utility details shall include available services, lines at the Worksite and adjacent thereto, and connection points. The information shall include public and private information, surface and subsurface information, grades, contours and elevations, drainage data, exact locations and dimensions, and benchmarks that can be used by Consultant in planning and/or performing the Services. Tests, inspections, and other reports dealing with environmental matters, Hazardous Waste, and other existing conditions, required by this Agreement or by Law; and Any other information or services requested in writing by Consultant which are required for Consultant's performance of the Contractor in Services and under Owner's control. This Section details the Contract Documents. 2.6 The Owner shall furnish all legalinformation, accountingsuch as site surveys, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information legal descriptions and reports of environmental conditions, and services required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Program of Requirements to shall at its own expense comply with and perform its obligations under this Agreement and, without limiting the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description generality of the project scopeforegoing, preliminary project cost, schedule, criteria shall: (a) provide full information regarding its requirements for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed Project; (b) designate a Representative or Representatives who shall be fully acquainted with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall has or have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement.authority to: 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to (i) act in on the Owner’s behalf with respect to the Project. The Owner’s authorized representative Project and on whom the Project Manager shall in all respects be entitled to rely as having full and complete authority to bind the Owner in all matters, and who can examine the documents submitted by the Architect/Engineer Project Manager and shall render decisions pertaining thereto promptlyto them within two (2) Business Days after receiving the documents and such other information as is reasonably required by the Representative to make the decision (or such longer period as the Project Manager may allow, acting reasonably, upon written notice to the Representative, given the exigencies of the Project Schedule) to avoid unreasonable delay in the progress Project or the delivery of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this AgreementServices, including determination of fees earned by the Architect/Engineer. The Owner shall have authority to approve the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against Project Construction Budget; (ii) consider and approve Change Orders and Change Directives, other than City Change Orders; and (iii) initiate any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims.City Change Orders; 2.4 The Owner(c) furnish any existing surveys describing physical characteristics, at Owner’s costlegal limitations and utility locations, will secure the services of laboratory testing engineersfurnish any existing soil reports and subsurface investigations, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for furnish any existing structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of tests, inspections and reports, all only to the Contractor extent that they are in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense.possession or under its control; 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in (d) make payment to the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion Manager of the Schematic Design PM Fee and Design Development phases pay the Expenses and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished Reimbursable Amounts in accordance with the provisions of Schedule “B” of this Agreement; (e) provide for the payment of the General Contractor under the Comprehensive Construction Contract Documents in accordance with the terms of section 10.5 of the Project Agreement and good construction practicesprovide for the payment of the General Contractor for the Designated Park Improvements in accordance with its Construction Contract and in conformity with payment certificates issued by the Consultants; and (f) provide for the payment of Consultants in accordance with their respective contracts.

OWNER’S RESPONSIBILITIES. 2.1 5.1 The Owner has provided or will shall provide full information regarding requirements for the Project, including a Program of Requirements to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer program which shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project costobjectives, schedule, criteria for design objectivesconstraints and criteria, characteristics and constraints, including space requirements and relationships, site requirementsflexibility, existing facilitiesexpendability, and desired special componentsequipment, systems and equipment. If Architect/Engineer prepares site requirements. 5.2 The Owner shall establish and update an overall budget for the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed Project based upon initial planning with the Project Architect, including the Construction Cost, the Owner’s other costs and authorize commencement reasonable contingencies related to all of Basic Services. these costs. 5.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner’s obligations under this Agreement 5.4 The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide designate a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its single representative authorized to act in on the Owner’s behalf with respect to the Project. The Owner’s Owner or such authorized representative shall examine the render decisions in writing in a timely manner pertaining to any documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect/Engineer and ’s services. Said representative shall render equally timely decisions pertaining thereto promptly, during the course of construction so as to avoid unreasonable delay in the progress of the Architect/Engineerwork. OWNER CONTACT OWNER’S REPRESENTATIVE 5.5 The Architect understands that the Owner may decide to retain a Construction Management Firm to administer a given Project. The Architect shall assist the Owner with the selection process. The Construction Manager’s services, duties, and responsibilities will be as described in the edition of AIA Document B801/CMa, Standard Form of Agreement between Owner and Construction Manager, or such other agreement as agreed to by Owner and Construction Manager; current as of the date of this Agreement and as modified between Owner and Construction Manager provided that the Architect has reviewed and has an opportunity to comment on said amendments. For a given project, the Terms and Conditions of the Agreement between Owner and Construction Manager shall be furnished to the Architect for Architect’s review and shall coordinate the scope of services each as it respects the others scope of services and responsibilities. The Chief Facilities Officer Architect shall not be responsible for actions taken by the Office of Facilities Planning & Construction is also designated as the Manager. Provided further that Owner’s representative for retention of a Construction Manager shall not relieve the purpose Architect of administering performing its contractual responsibilities 5.6 Owner shall furnish the services so designated in this AgreementAgreement to be furnished or provided by the Owner and shall also furnish the services of other consultants or engineers when such services are not included as part of the Architect’s Basic or Additional Services, including determination are reasonably required by the scope of fees earned the Project, and are requested by the Architect/Engineer. . 5.7 The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Ownerat its sole cost and expense furnish surveys describing physical characteristics, at Owner’s costlegal limitations, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary and utility locations for the design site of the Project, and a written legal description of the site. The Architect/Engineer surveys and legal information shall provide include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, designations, easements, encroachments, zoning, deed restrictions, boundaries and contours of the Owner with parameters for inclusion in site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the Owner’s instructions information on the survey shall be referenced to such providersa project benchmark. 2.5 5.8 The Owner shall arrange and pay for furnish structural, mechanical, chemical chemical, air and water pollution tests, tests for hazardous materials, and other laboratory tests as necessary during construction except as laboratory/environmental tests, inspections/reports required of the Contractor in the by law or Contract Documents. 2.6 5.9 Unless otherwise agreed upon, it is typical and customary that the Owner shall provide at it’s sole cost and expense via its own forces any and all services associated with Technology, Computers, Cabling, and telecommunications. The Architect shall cooperate with and shall assist in the coordination of the work of the Owner’s forces with the work of the Architect’s Consultants. 5.10 The Owner shall furnish all legal, accounting, auditing accounting and insurance counseling services deemed as may be necessary by the Owner at any time for the Project, including auditing services the Owner may require, to verify the Contractor’s Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 2.7 5.11 The services, information information, surveys and reports required by the preceding paragraphs Paragraphs 4.4.1 through 4.4.8 shall be furnished at the Owner’s expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.8 If 5.12 Prompt written notice shall be given by the Owner observes or otherwise acquires actual knowledge to the Architect and Construction Manager if the Owner becomes aware of any design fault or defect in the Project or conflict in nonconformance with the Contract Documents. 5.13 The proposed language of documentation letters or reports requested of the Architect or Architect’s consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. The Owner shall not request documentation that would require knowledge or services beyond the scope of this Agreement. 5.14 The Architect shall indicate to the Owner the information needed for rendering of services hereunder. The Owner shall provide to the Architect such information as is available to the Owner and the Owner’s consultants and contractors, written notice thereof will and the Architect shall be given entitled to rely upon the accuracy and completeness thereof. The Owner recognizes that it is impossible for the Architect to assure the accuracy, completeness and sufficiency of such information, either because it is impossible to verify, or because of errors or omissions which may have occurred in assembling the information the Owner is providing. Accordingly, the Owner agrees, to the fullest extent permitted by law, to indemnify and hold the Architect and the Architect’s sub-consultants harmless from any claim, liability or cost (including reasonable attorneys’ fees and costs of defense) for injury or loss arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 5.15 The Owner shall furnish required information the Architect copies of any communications between the Construction Manager and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the WorkContractors. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The 5.1 ACCESS Owner has provided or will shall provide a Program of Requirements Consultant with reasonable access to the Architect/Engineer, or Worksite so as to assist Consultant in its performance of all tasks reasonably necessary for the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program completion of Requirements as an Additional Service as set forth in Article 14 of Services under this Agreement. 5.2 UTILITIES Consultant, along with any Subcontractors, shall arrange to locate and mark all underground utilities. The Program of Requirements This work will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination be performed in accordance with the terms individual state or local legally-authorized utility locating service known variously as “One Call,” “Miss Utility” or other such entitled services. Underground utilities not located and conditions marked by the state or local legally-authorized locating services will be located through the use of this Agreementa private utility locator for which Consultant will be compensated. Underground utilities or subterranean structures owned or installed by Owner shall be located and marked by Owner at his/her expense. No subsurface exploration services will commence until all known underground utilities are located and marked. Consultant shall take reasonable precautions to avoid known underground utilities and subterranean structures. 2.2 The Owner will provide a preliminary project budget and schedule for 5.3 OWNER’S REPRESENTATIVE Owner's Representative is identified under Article 11. Owner’s Representative shall: (a) be fully acquainted with the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during constructionServices, and other costs which are Worksite; (b) agree to furnish the responsibility information and services required of Owner in a timely manner; and (c) is authorized to act on behalf of the Owner and provide general administration of the Agreement and fulfill the duties, rights and obligations of the Owner under the Agreement. If Owner changes its Representative or the Representative's authority, Owner shall promptly notify Consultant in writing in advance. 5.3.1 The Director of Facilities Management or designee shall be the principal representative of the Owner. All communications between the Owner and Consultant shall be made through the Owner's Representative. The Owner's Representative shall be at all meetings with the Consultant and other institutional personnel during the Project. 2.3 5.3.2 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf Representative shall meet and confer with respect the Consultant and its Subcontractors as necessary to ensure complete understanding and communication relative to the needs and requirements of the Project. The Owner’s authorized representative Representative shall examine notify the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay Consultant in writing of any change in the progress of the Architectwritten program/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claimsrequirements. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 5.1 The Owner has provided or will shall provide a Program of Requirements to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space information regarding requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. . 5.2 The Owner shall establish and update an overall budget will include the Amount Available for the Project, including the Construction ContractCost, contingencies for changes in the Work during construction, and Owner's other costs which are the responsibility and reasonable contingencies related to all of the Ownerthese costs. 2.3 5.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its shall designate a representative authorized to act in on the Owner’s 's behalf with respect to the Project. The Owner’s representative shall be the sole party authorized to render decisions under this Agreement on Owner’s behalf. If the Architect/Engineer accepts and relies on direction from any other FIU representative under this Agreement, the Architect/Engineer shall do so at its own risk and shall be responsible for all costs associated therewith. The Owner or such authorized representative shall examine the render decisions in a timely manner pertaining to documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the orderly and sequential progress of the Architect/ Engineer's services. 5.4 The Owner shall review and approve or take other appropriate action on all Work submittals of the Architect/Engineer within twenty-one (21) calendar days after Owner’s receipt of each submittal. 5.5 If required, the Owner may furnish, or direct the Architect/Engineer to obtain at the Owner's expense, surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, including a written legal description of the Project site, if required. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of- way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. 5.6 If required, the Owner shall furnish, or direct the Architect/Engineer to obtain at the Owner's expense, the services of geotechnical engineers as necessary for the Project. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 5.7 The Owner shall pay for structural, mechanical, chemical, air and water pollution tests; tests for hazardous materials; and, other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 5.8 Review of the Architect/Engineer’s services. The Chief Facilities Officer documents shall be solely for the Office purposes of Facilities Planning & Construction is also designated as determining whether such documents are generally consistent with the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by intent and such review shall not relieve the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, of its responsibilities. Prompt written notice thereof will shall be given by the Owner to the Architect/Engineer; however, Engineer if the Owner shall have no obligation becomes aware of any fault or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given defect in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one Project or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, onnon-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance conformance with the Contract Documents and good construction practicesDocuments.

OWNER’S RESPONSIBILITIES. 2.1 The 2.01 Owner has provided or will provide a Program of Requirements to shall have the Architect/Engineer, or the responsibilities set forth herein and in each Task Order. 2.02 Owner and Architect/shall compensate Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 each Task Order, pursuant to the applicable terms of this Agreement. The Program of Requirements will set forth the Exhibit B. 2.03 For each Task Order Owner shall provide Owner’s description of the requirements including project scope, preliminary project cost, schedule, criteria for design objectives, characteristics objectives and constraints, space requirements ; capacity and relationships, site performance requirements, make available all pertinent existing facilities, data; make known any special or extraordinary considerations or special services needed; examine and desired special components, systems respond promptly to Engineer's submissions; and equipment. If Architect/give prompt notice to Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes whenever any defect in the Work during constructionis observed by, and other costs which are the responsibility of or otherwise becomes known to, the Owner. 2.3 The 2.04 For each Task Order Owner designates shall advise Engineer in writing at an early date if there are budgetary limitations and employ an independent cost estimator if formal cost estimates are required. 2.05 Whenever required and authorized by the Chief Facilities Officer Owner, upon recommendation of the Engineer, furnish and pay for services of others, such as, analytical laboratory services; geotechnical investigations and subsurface explorations, with appropriate professional interpretation thereof; field surveys such as property, boundary, easement, rights-of-way, topographic, and utility surveys; all of which Engineer may rely upon in performing his services for each Task Order. Payment for such services shall be made by Owner directly to the Office providers of Facilities Planning & Construction the services. 2.06 Authorize Engineer to provide appropriate Additional Services as its representative authorized required and set forth in the Task Orders. 2.07 Furnish approvals and permits from all governmental agencies and other issuing authorities having jurisdiction over the Specific Projects and pay any applicable filing fees and sales or other tax applicable thereto. 2.08 Owner shall require Contractors to act purchase and maintain policies of insurance covering workers' compensation, general liability, property damage (other than to the Work itself), motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests in the Specific Projects as set forth in the Owner’s behalf -approved Standard General Conditions. Owner shall require Contractor to name Engineer and its Consultants as additional insureds with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical liability and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documentsinsurance purchased and maintained by Contractors. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Program of Requirements to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement.Engineer 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer Executive Director for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer Executive Director for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist.be 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide 3.1 OWNER shall designate in writing a Program of Requirements project coordinator to act as OWNER’S representative with respect to the Architect/Engineer, or services to be rendered under this Agreement (hereinafter referred to as the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement“Project Manager”). The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and Manager shall have no further obligation authority to Architect/Engineer other than payment for transmit instructions, receive information, interpret and define OWNER’S policies and decisions with respect to DESIGN PROFESSIONAL’S services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget However, except as may be otherwise expressly authorized in writing by the Orange County School Board, neither the Project Manager nor any other party is authorized to issue any verbal or written orders or instructions to DESIGN PROFESSIONAL that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever the: (1) scope of services to be provided and performed by DESIGN PROFESSIONAL hereunder; (2) the time DESIGN PROFESSIONAL is obligated to complete all such services; or (3) the amount of compensation OWNER is obligated or committed to pay DESIGN PROFESSIONAL. Additional Services must be approved in writing in the form of a written and executed amendment to this Agreement prior to starting such services. OWNER will include the Amount Available not be responsible for the Construction Contractcosts of Additional Services commenced without its express prior written approval. Failure to obtain prior written approval for Additional Services waives DESIGN PROFESSIONAL’S claim that it performed Additional Services and instead such services will be deemed to be part of the Basic Services required of DESIGN PROFESSIONAL hereunder. 3.2 OWNER shall provide, contingencies if available, all criteria and information requested by DESIGN PROFESSIONAL as to OWNER’S requirements for changes in the Work during constructionProject, including design objectives and constraints, space, Educational Specification, capacity and performance requirements, flexibility and expendability, and other costs any budgetary limitations, which are not addressed within the responsibility Scope of Services. 3.3 Upon request from DESIGN PROFESSIONAL, OWNER will assist DESIGN PROFESSIONAL by making available to DESIGN PROFESSIONAL all reasonably available information in OWNER’S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the OwnerProject. 2.3 The Owner designates 3.4 OWNER shall arrange for access to and make all provisions for DESIGN PROFESSIONAL to enter the Chief Facilities Officer for Project site to perform the Office services to be provided by DESIGN PROFESSIONAL under this Agreement. DESIGN PROFESSIONAL acknowledges that such access may be provided during times that are not the normal business hours of Facilities Planning & Construction as its representative authorized DESIGN PROFESSIONAL. 3.5 OWNER shall provide written notice to act in the Owner’s behalf DESIGN PROFESSIONAL of any deficiencies or defects discovered by OWNER with respect to the Project. The Owner’s authorized representative shall examine services to be rendered by DESIGN PROFESSIONAL hereunder. 3.6 Wherever the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptlyterms of this Agreement refer to some action, consent, or approval (excluding approvals of Additional Services or changes to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement) to be provided by OWNER or some notice, including determination of fees earned by the Architect/Engineer. The Owner report or document is to be provided to OWNER, such reference to “OWNER” shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Ownermean OWNER, at Owner’s cost, will secure the services of laboratory testing engineersOWNER’S staff, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providersOWNER’S designee, unless otherwise stated. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. SAMPLE 2.1 The Owner has provided or will provide a Facilities Program of Requirements to the Architect/Engineerattached hereto as an Exhibit, or the Owner and Architect/Engineer Project Architect may agree that Architect/Engineer Project Architect shall prepare a Facility Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Facility Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer Project Architect prepares the Program of RequirementsFacility Program, then Owner will review the Facility Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this the Agreement following completion of the Program of RequirementsFacility Program, and shall have no further obligation to Architect/Engineer Project Architect other than payment for services authorized by Owner and provided by Architect/Engineer Project Architect prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction ContractCost Limitation, contingencies for bidding and changes in the Work during construction, and other costs which are the responsibility of the Owner. The schedule attached hereto as an Exhibit, will set forth the Owner’s plan for milestone dates and completion of the Project. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & and Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer Project Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Project Architect/Engineer’s services. The Chief Facilities Officer Associate Vice Chancellor for the Office of Facilities Planning & and Construction is also designated as the Owner’s representative for the purpose of administering this Agreementcontract, including determination of fees earned by the Project Architect and equitable back charges against the Project Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer Project Architect such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer Project Architect or failure of Architect/Engineer Project Architect to perform Project Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of surveyors, geotechnical and laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Projectproject. The Architect/Engineer Project Architect shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed as may be necessary by the Owner for the Project. 2.7 The services, information information, surveys and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documentsdocuments, written notice thereof will be given by the Owner to the Project Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Project Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans plans and Specifications specifications will be furnished in writing to the Architect/Engineer Project Architect as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer Project Architect to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Project Architect/Engineer’s services and of the Work. 2.11 At the time the Construction Documents are issued for construction bids/proposals, the Owner shall prepare a statement calculating the Project Architect’s fees for the Project based upon the provisions of this Agreement and any adjustments to the fee calculation mutually agreed to during design. If Project Architect objects to the revised project fees, Project Architect must notify the Owner of its objections in writing within fourteen (14) days of receipt of the fee statement otherwise Project Architect’s approval of the fee amounts shall be deemed given. 2.12 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The 5.1 ACCESS Owner has provided or will shall provide a Program of Requirements Consultant with reasonable access to the Architect/Engineer, or Worksite so as to assist Consultant in its performance of all tasks reasonably necessary for the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program completion of Requirements as an Additional Service as set forth in Article 14 of Services under this Agreement. 5.2 UTILITIES Consultant, along with any Subcontractors, shall arrange to locate and mark all underground utilities. The Program of Requirements This work will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination be performed in accordance with the terms individual state or local legally-authorized utility locating service known variously as “One Call,” “Miss Utility” or other such entitled services. Underground utilities not located and conditions marked by the state or local legally-authorized locating services will be located through the use of this Agreementa private utility locator for which Consultant will be compensated. Underground utilities or subterranean structures owned or installed by Owner shall be located and marked by Owner at his/her expense. No subsurface exploration services will commence until all known underground utilities are located and marked. Consultant shall take reasonable precautions to avoid known underground utilities and subterranean structures. 2.2 The Owner will provide a preliminary project budget and schedule for 5.3 OWNER’S REPRESENTATIVE Owner's Representative is identified under Article 11. Owner’s Representative shall: (a) be fully acquainted with the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during constructionServices, and other costs which are Worksite; (b) agree to furnish the responsibility information and services required of Owner in a timely manner; and (c) is authorized to act on behalf of the Owner and provide general administration of the Agreement and fulfill the duties, rights and obligations of the Owner under the Agreement. If Owner changes its Representative or the Representative's authority, Owner shall promptly notify Consultant in writing in advance. 5.3.1 The Director of Design & Construction or designee shall be the principal representative of the Owner. All communications between the Owner and Consultant shall be made through the Owner's Representative. The Owner's Representative shall be at all meetings with the Consultant and other institutional personnel during the Project. 2.3 5.3.2 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf Representative shall meet and confer with respect the Consultant and its Subcontractors as necessary to ensure complete understanding and communication relative to the needs and requirements of the Project. The Owner’s authorized representative Representative shall examine notify the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay Consultant in writing of any change in the progress of the Architectwritten program/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claimsrequirements. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. ‌ 2.1 The Owner has provided or will provide a Facilities Program of Requirements to the Architect/Engineerattached hereto as an Exhibit, or the Owner and Architect/Engineer Project Architect may agree that Architect/Engineer Project Architect shall prepare a Facility Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Facility Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer Project Architect prepares the Program of RequirementsFacility Program, then Owner will review the Facility Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this the Agreement following completion of the Program of RequirementsFacility Program, and shall have no further obligation to Architect/Engineer Project Architect other than payment for services authorized by Owner and provided by Architect/Engineer Project Architect prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction ContractCost Limitation, contingencies for bidding and changes in the Work during construction, and other costs which are the responsibility of the Owner. The schedule attached hereto as an Exhibit, will set forth the Owner’s plan for milestone dates and completion of the Project. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & and Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer Project Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Project Architect/Engineer’s services. The Chief Facilities Officer Associate Vice Chancellor for the Office of Facilities Planning & and Construction is also designated as the Owner’s representative for the purpose of administering this Agreementcontract, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner Project Architect and equitable back charges against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims.the 2.4 The Owner, at Owner’s cost, will secure the services of surveyors, geotechnical and laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Projectproject. The Architect/Engineer Project Architect shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed as may be necessary by the Owner for the Project. 2.7 The services, information information, surveys and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documentsdocuments, written notice thereof will be given by the Owner to the Project Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Project Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans plans and Specifications specifications will be furnished in writing to the Architect/Engineer Project Architect as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer Project Architect to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Project Architect/Engineer’s services and of the Work. 2.11 At the time the Construction Documents are issued for construction bids/proposals, the Owner shall prepare a statement calculating the Project Architect’s fees for the Project based upon the provisions of this Agreement and any adjustments to the fee calculation mutually agreed to during design. If Project Architect objects to the revised project fees, Project Architect must notify the Owner of its objections in writing within fourteen (14) days of receipt of the fee statement otherwise Project Architect’s approval of the fee amounts shall be deemed given. 2.12 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Facilities Program of Requirements to the Architect/Engineerattached hereto as an Exhibit, or the Owner and Architect/Engineer Project Architect may agree that Architect/Engineer Project Architect shall prepare a Facility Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Facility Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer Project Architect prepares the Program of RequirementsFacility Program, then Owner will review the Facility Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this the Agreement following completion of the Program of RequirementsFacility Program, and shall have no further obligation to Architect/Engineer Project Architect other than payment for services authorized by Owner and provided by Architect/Engineer Project Architect prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction ContractCost Limitation, contingencies for bidding and changes in the Work during construction, and other costs which are the responsibility of the Owner. The schedule attached hereto as an Exhibit, will set forth the Owner’s plan for milestone dates and completion of the Project. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & and Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer Project Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Project Architect/Engineer’s services. The Chief Facilities Officer Associate Vice Chancellor for the Office of Facilities Planning & and Construction is also designated as the Owner’s representative for the purpose of administering this Agreementcontract, including determination of fees earned by the Project Architect and equitable back charges against the Project Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer Project Architect such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer Project Architect or failure of Architect/Engineer Project Architect to perform Project Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of surveyors, geotechnical and laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Projectproject. The Architect/Engineer Project Architect shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed as may be necessary by the Owner for the Project. 2.7 The services, information information, surveys and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documentsdocuments, written notice thereof will be given by the Owner to the Project Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Project Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans plans and Specifications specifications will be furnished in writing to the Architect/Engineer Project Architect as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer Project Architect to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Project Architect/Engineer’s services and of the Work. 2.11 At the time the Construction Documents are issued for construction bids/proposals, the Owner shall prepare a statement calculating the Project Architect’s fees for the Project based upon the provisions of this Agreement and any adjustments to the fee calculation mutually agreed to during design. If Project Architect objects to the revised project fees, Project Architect must notify the Owner of its objections in writing within fourteen (14) days of receipt of the fee statement otherwise Project Architect’s approval of the fee amounts shall be deemed given. 2.12 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipmentequip- ment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Program of Requirements to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall Engineershall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 1415. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in bein writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided prepared a pre-design phase summary document (“Pre-design Phase Document” in the form of either a “Facility Program” or will provide a Program of Requirements to the Architect/Engineer“Pre-Design Report”), which is attached hereto as an Exhibit, or the Owner and ArchitectProject A/Engineer E may agree that ArchitectProject A/Engineer E shall prepare a Program of Requirements the Pre-design Phase Document as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements Pre-design Phase Document will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, information related to existing facilities, and desired special components, systems and equipment. If ArchitectProject A/Engineer E prepares the Program of RequirementsPre-design Phase Document, then Owner will review the Program of Requirements Pre-design Phase Document when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this the Agreement following completion of the Program of RequirementsPre-design Phase, and shall have no further obligation to ArchitectProject A/Engineer E other than payment for services authorized by Owner and provided by ArchitectProject A/Engineer E prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction ContractCost Limitation, contingencies for changes in the Work during constructionOwner’s Special Cash Allowance, Owner’s Construction Contingency, and other costs which are the responsibility of Owner. The Project Milestone Schedule attached hereto as an Exhibit, sets forth Owner’s plan for milestone dates and completion of the OwnerProject. 2.3 The Owner designates the Chief Facilities Officer for the Office its Executive Director of Facilities Planning & Planning, Design and Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative representative, or her or his delegate, shall examine the documents submitted by the ArchitectProject A/Engineer E and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the ArchitectProject A/EngineerE’s services. The Chief Facilities Officer for the Office Executive Director of Facilities Planning & Planning, Design and Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the ArchitectProject A/Engineer. The E and equitable back charges against Project A/E. Owner shall have the right to withhold from payments due ArchitectProject A/Engineer E such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by ArchitectProject A/Engineer E or failure of ArchitectProject A/Engineer E to perform ArchitectProject A/EngineerE’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of surveyors, geotechnical and laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Projectproject. The ArchitectProject A/Engineer E shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Construction Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed as may be necessary by the Owner for the Project. 2.7 The services, information information, surveys and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault flaw or defect in the Project or conflict in the Construction Contract Documents, written notice thereof will be given by the Owner to the ArchitectProject A/EngineerE; however, Owner shall have no obligation or duty to investigate whether such faultsflaws, defects, or conflicts exist. 2.9 The Owner will review the ArchitectProject A/EngineerE’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans Drawings and Specifications will be furnished in writing to the ArchitectProject A/Engineer E as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the ArchitectProject A/Engineer E to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the ArchitectProject A/EngineerE’s services and of the Work. 2.11 The At the time the Construction Documents are issued for procurement of construction services, Owner shall prepare a statement calculating Project A/E’s fees for the Project based upon the provisions of this Agreement and any adjustments to the fee calculation mutually agreed to during design. If Project A/E objects to the revised project fees, Project A/E must notify Owner of its objections in writing within fourteen (14) days of receipt of the fee statement otherwise Project A/E’s approval of the fee amounts shall be deemed given. 2.12 Owner will furnish one or more Construction Inspectors personnel who shall will be responsible for inspection of inspecting the Work, consisting of including close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure ensure that construction of the Project is reasonably accomplished in accordance with the Construction Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or anticipates that the Project scope will provide a Program involve the design and construction of Requirements certain improvements to the Architect/Engineerexisting facility, said improvements to potentially include a minor addition to the facility. Owner shall work with Project Architect and its consultants to jointly develop a Pre-Design Report for the Project. In the event Owner – during the development of the Pre-Design Report – determines to design and construct a replacement facility instead of designing and constructing certain improvements, Owner shall work with Project Architect and its consultants to jointly prepare a Facility Program. Owner shall consider the development of the Pre-Design Report, or a Facility Program, in the event Owner decides to design and Architect/Engineer may agree that Architect/Engineer shall prepare construction of a Program of Requirements replacement facility, as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements Pre-Design Report (Facility Program) will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements Pre-Design Report (Facility Program) when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this the Agreement following completion of the Program of RequirementsPre-Design Report (Facility Program), and shall have no further obligation to Architect/Engineer Project Architect other than payment for services authorized by Owner and provided by Architect/Engineer Project Architect prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction ContractCost Limitation, contingencies for changes in the Work during constructionOwner’s Special Cash Allowance, Owner’s Construction Contingency, and other costs which are the responsibility of the Owner. The schedule attached hereto as an Exhibit, sets forth the Owner’s plan for milestone dates and completion of the Project. 2.3 The Owner designates the Chief Facilities Officer for the Office its Executive Director of Facilities Planning & Planning, Design, and Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative representative, or her or his delegate, shall examine the documents submitted by the Architect/Engineer Project Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Project Architect/Engineer’s services. The Chief Facilities Officer for the Office Owner’s Executive Director of Facilities Planning & Planning, Design and Construction is also designated as the Owner’s representative for the purpose of administering this Agreementcontract, including determination of fees earned by the Project Architect and equitable back charges against the Project Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer Project Architect such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer Project Architect or failure of Architect/Engineer Project Architect to perform Project Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of surveyors, geotechnical and laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Projectproject. The Architect/Engineer Project Architect shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed as may be necessary by the Owner for the Project. 2.7 The services, information information, surveys and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Project Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Project Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans plans and Specifications specifications will be furnished in writing to the Architect/Engineer Project Architect as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer Project Architect to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Project Architect/Engineer’s services and of the Work. 2.11 At the time the Construction Documents are issued for construction bids/proposals, the Owner shall prepare a statement calculating the Project Architect’s fees for the Project based upon the provisions of this Agreement and any adjustments to the fee calculation mutually agreed to during design. If Project Architect objects to the revised project fees, Project Architect must notify the Owner of its objections in writing within fourteen (14) days of receipt of the fee statement otherwise Project Architect’s approval of the fee amounts shall be deemed given. 2.12 The Owner shall furnish one or more Construction Inspectors persons who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner Under a separate agreement with Texas A&M University-San Antonio, Mormon Mok Architects has developed an Entry Gateway Concept. has provided or will provide a Program of Requirements to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements Entry Gateway Concept, will set sets forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 1415. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner's responsibilities shall include the following: 3.1 Make available to Architect all necessary data and information concerning the purpose and requirements of the Project, including realistic scheduling and budget limitations. 3.2 Depending upon the scope of the Project, furnish Architect with, or direct Architect to procure at Owner’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer and any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other pertinent information. Owner has provided or will shall also provide a Program soils investigation report and a geological report if required by law. 3.3 Upon mutual agreement with Architect, appoint and pay an Inspector of Requirements Record as provided by state law. The Inspector shall be qualified and approved by Architect and by the DSA, with its work under the general direction of Architect. The Inspector shall be responsible to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination act in accordance with Owner’s policies. The project administration by Architect and its engineers shall be in addition to the terms and conditions of this Agreementcontinuous personal supervision by the Inspector. 2.2 The Owner will provide a preliminary project budget 3.4 Assist Architect in distributing plans to bidders and schedule for conducting the opening of bids on the Project. The budget will include , if applicable. 3.5 Conduct chemical, mechanical, or other tests required for proper design of the Amount Available for the Construction ContractProject; furnish such surveys, contingencies for changes in the Work during constructionborings, test pits, and other costs which are the responsibility tests as may be necessary to reveal conditions of the Ownersite which must be known for proper development of the required drawings and specifications and determine soil condition. 2.3 The Owner designates 3.6 Retain a testing service for materials testing and inspection as required by Title 21 of the Chief Facilities Officer for California Code of Regulations. 3.7 Directly pay or reimburse the Office payment of Facilities Planning & Construction as its all fees required by any reviewing or licensing agency. 3.8 Designate a representative authorized to act as liaison between Architect and Owner in administration of this Agreement and the Owner’s behalf with respect to the ProjectConstruction Documents. The Owner’s authorized representative shall examine assist Architect in conducting inspections and preparing the list of deficiencies and shall accompany Architect and contractor on the final inspection. 3.9 Review all documents submitted by the Architect/Engineer , including change orders and shall render other items requiring Owner’s approval; advise Architect of decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claimsthose documents within a reasonable time after submission. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, 3.10 Notify Architect if any deficiencies in material or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providersworkmanship become apparent during contractor's warranty period. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has § 5.1 Unless otherwise provided or will provide a Program of Requirements to the Architect/Engineerfor under this Agreement, or the Owner shall provide information in a timely manner regarding requirements for and Architect/Engineer may agree that Architect/Engineer limitations on the Project, including a written program which shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project costobjectives, schedule, criteria for design objectivesconstraints and criteria, characteristics and constraints, including space requirements and relationships, site requirementsflexibility, existing facilitiesexpandability, and desired special componentsequipment, systems and equipmentsite requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves and the right Architect shall thereafter agree to terminate this Agreement following completion of a corresponding change in the Program of Requirements, Project’s scope and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreementquality. 2.2 § 5.3 The Owner will provide shall identify a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in on the Owner’s behalf with respect to the Project. The Owner’s authorized representative No responsibility for services contracted to the Architect in this Agreement shall examine the documents submitted be shared by the Owner. Any review and/or approval by the Owner or its representatives shall not relieve the Architect of responsibility for the accuracy and completeness of the Architect/Engineer ’s services, drawings and documents furnished pursuant to this Agreement and in no way should any review and approval alter the Architect’s responsibilities in this Agreement with respect to such documents. The Owner shall render decisions pertaining thereto promptly, and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect/Engineer’s services. § 5.4 The Owner shall furnish any existing boundary surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The Chief Facilities Officer for surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the Office site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of Facilities Planning & Construction is also designated as evaluations of hazardous materials, with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineerconsultants. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure furnish the services of laboratory testing engineersconsultants other than those designated in this Agreement, or other special consultants authorize the Architect to develop additional information to furnish them as an Additional Service, when the extent necessary for Architect requests such services and demonstrates that they are reasonably required by the design scope of the Project. The Architect/Engineer Owner shall provide require that its consultants maintain professional liability insurance as appropriate to the Owner with parameters for inclusion in the Owner’s instructions to such providersservices provided. 2.5 § 5.7 The Owner shall arrange furnish tests, inspections and pay for reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and other laboratory water pollution, and tests as necessary during construction except as required of the Contractor in the Contract Documentsfor hazardous materials. 2.6 § 5.8 The Owner shall furnish all legal, accountinginsurance and accounting services, including auditing and insurance counseling services deemed services, that may be reasonably necessary by the Owner at any time for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at Project to meet the Owner’s expenseneeds and interests. 2.8 If § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner observes or otherwise acquires actual knowledge becomes aware of any design fault or defect in the Project Project, including errors, omissions or conflict inconsistencies in the Architect’s Instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect’s consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect’s services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contract Documents, written notice thereof will be given by the Owner to for Construction with the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described services set forth in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approvalthis Agreement. The Owner may require shall provide the Architect/Engineer to halt production during design reviewArchitect a copy of the executed agreement between the Owner and Contractor, including the Owner’s General Conditions of the Contract for Construction. 2.10 § 5.12 The Owner shall furnish required information and services provide the Architect access to the Project site prior to commencement of the Work and shall render approvals and decisions as expeditiously as necessary for obligate the orderly progress of Contractor to provide the Architect/Engineer’s services and of Architect access to the WorkWork wherever it is in preparation or progress. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The ACCESS Owner has provided or will shall provide a Program of Requirements Consultant with reasonable access to the Architect/Engineer, or Worksite so as to assist Consultant in its performance of all tasks reasonably necessary for the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program completion of Requirements as an Additional Service as set forth in Article 14 of Services under this Agreement. The Program of Requirements UTILITIES Consultant, along with any Subcontractors, shall arrange to locate and xxxx all underground utilities. This work will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination be performed in accordance with the terms individual state or local legally-authorized utility locating service known variously as “One Call,” “Miss Utility” or other such entitled services. Underground utilities not located and conditions marked by the state or local legally-authorized locating services will be located through the use of this Agreement. 2.2 The a private utility locator for which Consultant will be compensated. Underground utilities or subterranean structures owned or installed by Owner shall be located and marked by Owner at his/her expense. No subsurface exploration services will provide a preliminary project budget commence until all known underground utilities are located and schedule for marked. Consultant shall take reasonable precautions to avoid known underground utilities and subterranean structures. OWNER’S REPRESENTATIVE Owner's Representative is identified under Article 11. Owner’s Representative shall: (a) be fully acquainted with the Project, Services, and Worksite; (b) agree to furnish the information and services required of Owner in a timely manner; and (c) is authorized to act on behalf of the Owner and provide general administration of the Agreement and fulfill the duties, rights and obligations of the Owner under the Agreement. If Owner changes its Representative or the Representative's authority, Owner shall promptly notify Consultant in writing in advance. The budget will include Director of Facilities Management or designee shall be the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility principal representative of the Owner. 2.3 The . All communications between the Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in and Consultant shall be made through the Owner’s behalf 's Representative. The Owner's Representative shall be at all meetings with respect to the Consultant and other institutional personnel during the Project. The Owner’s authorized representative Representative shall examine meet and confer with the documents submitted by the Architect/Engineer Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated its Subcontractors as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information ensure complete understanding and communication relative to the extent necessary for the design needs and requirements of the Project. The ArchitectOwner’s Representative shall notify the Consultant in writing of any change in the written program/Engineer requirements. INFORMATION AND SERVICES PROVIDED BY OWNER Owner’s responsibilities under this article shall be fulfilled with reasonable detail and in a timely manner. WORKSITE INFORMATION. To the extent Owner has obtained, or is required by this Agreement to obtain, the following Worksite information, Owner shall provide such information at Owner's expense and with reasonable promptness: Information describing the Owner with parameters for inclusion in physical characteristics of the Owner’s instructions site, including surveys, Worksite evaluations, legal descriptions, data, notes, maps, or drawings depicting existing surface and/or subsurface conditions, boring logs, site photos, geophysical logs, lab tests, environmental studies, reports and investigation findings, and field observations, and any other data, reports, or information relevant to such providers. 2.5 The Owner the Services. Worksite descriptions shall arrange and pay for structural, mechanical, chemical include existing buildings and other laboratory tests as necessary during construction except as and all other pertinent site conditions. Adjacent property descriptions shall include structures, streets, sidewalks, alleys and other features relevant to the Services. Utility details shall include available services, lines at the Worksite and adjacent thereto, and connection points. The information shall include public and private information, surface and subsurface information, grades, contours and elevations, drainage data, exact locations and dimensions, and benchmarks that can be used by Consultant in planning and/or performing the Services. Tests, inspections, and other reports dealing with environmental matters, Hazardous Waste, and other existing conditions, required by this Agreement or by Law; and Any other information or services requested in writing by Consultant which are required for Consultant's performance of the Contractor in Services and under Owner's control. This Section details the Contract Documents. 2.6 The Owner shall furnish all legalinformation, accountingsuch as site surveys, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information legal descriptions and reports of environmental conditions, and services required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Program of Requirements to the Architect/EngineerFacilities Program, attached as an Exhibit, or the Owner and Architect/Engineer Project Architect may agree that Architect/Engineer Project Architect shall prepare a Facility Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Facility Program of Requirements will set forth the Owner’s description of the project Project scope, preliminary project Project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer Project Architect prepares the Program of RequirementsFacility Program, then Owner will review the Facility Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this the Agreement following completion of the Program of RequirementsFacility Program, and shall have no further obligation to Architect/Engineer Project Architect other than payment for services authorized by Owner and provided by Architect/Engineer Project Architect prior to such the termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project Project budget and schedule for the Project. The budget will include the Amount Available for the Construction ContractCost Limitation, contingencies for bidding and changes in the Work during construction, and other costs which are the responsibility of the Owner. The Project Schedule incorporated into the Facilities Program set forth the Owner’s current plan for milestone dates and completion of the Project. Changes in the Project Schedule may be made only with the written approval of the Owner’s Representative, such approval not to be unreasonably withheld. 2.3 The Owner designates Owner’s Associate Vice President for Real Estate, Construction, and Planning her/his designees (the Chief Facilities Officer for the Office of Facilities Planning & Construction “Owner’s Representative”) as its Owner’s representative authorized to act in on the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer Project and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Project Architect and equitable back charges against the Project Architect/Engineer. The Owner’s Representative shall to examine the documents submitted by the Project Architect and render decisions on them promptly to avoid unreasonable delay in the progress of the Project and Project Architect’s services. The Owner shall have the right to withhold from payments due Architect/Engineer Project Architect such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer Project Architect or failure of Architect/Engineer Project Architect to perform Project Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of surveyors, geotechnical and laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer Project Architect shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed as may be necessary by the Owner for the Project. 2.7 The services, information information, surveys, and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documentsdocuments, it will provide written notice thereof will be given by the Owner to the Project Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Project Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans plans and Specifications specifications will be furnished in writing to the Architect/Engineer Project Architect as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer Project Architect to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Project Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipmentequip­ment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided X. Xxxxx County ("Owner" or will provide "County") shall designate in writing a Program of Requirements representative authorized to act on its behalf with respect to this Agreement. B. Before any work is to begin under the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 terms of this Agreement, Owner shall issue Architect and/or Engineer ("A/E") a written Authorization to Proceed. The Program of Requirements will set forth the Owner’s description Any work performed by A/E prior to receipt of the project scopeAuthorization to Proceed shall be performed at A/E's risk. C. Owner shall consult with A/E regarding the general and specific requirements for the Project and shall furnish A/E a copy of Owner's Project guidelines, preliminary project costincluding functional requirements, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationshipstechnical requirements, site requirements, existing facilitiessustainable design requirements, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether any other conditions peculiar to proceed with the Project and authorize commencement of Basic Services. The that may affect the design, location, schedule, or cost. D. Owner reserves may incorporate into the right to terminate this Agreement following completion of the Program of RequirementsProject documents, drawings, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and specifications provided by Architect/Engineer prior to consultants retained directly by Owner. In such termination in accordance with the terms and conditions cases, authorship of this Agreementsuch Contract Documents will be clearly identified. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The E. Owner shall furnish required information information, approvals and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the ArchitectWork. A/Engineer’s services and E shall promptly notify Owner in writing in the event orderly progress of the WorkWork is disrupted by failure of Owner to provide such information, approvals or services, and the Project Schedule shall be adjusted as mutually agreed. 2.11 F. When the Construction Cost Estimates or the lowest responsive, responsible bids differ from the MACC, Owner shall cooperate with A/E in making necessary program, design alternatives and budget decisions to reconcile the differences. G. Owner shall separately furnish, if reasonably required for the Project and requested by A/E, a land survey of the site, prepared by a registered land surveyor. The survey shall indicate applicable grades and lines of streets, alleys, pavements and adjoining property, rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site. The survey shall also indicate locations, dimensions, and data pertaining to existing buildings, other improvements and trees, and information concerning location of service and utility lines, both public and private, above and below grade, including inverts and depths as indicated by available records. The survey shall be referenced to a Project benchmark. H. Owner shall arrange and pay for the required advertisements for bid and other legal notices. I. Owner shall separately furnish the services of a geotechnical engineer or other similar consultant necessary for determining soil, subsoil, and air or water conditions if such services are reasonably required by the Project. Such services may include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, and other necessary operations for determining soil, subsoil, air, or water conditions. J. Owner shall furnish one or more Construction Inspectors who shall be responsible other applicable testing services if reasonably required for inspection the Project. K. The A/E may reasonably rely upon the accuracy and completeness of Owner furnished services, information, surveys and reports required by Article I. L. Owner will assist the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that A/E in coordinating the Project is reasonably accomplished in accordance with all Agencies Having Jurisdiction (AHJ). M. Owner shall provide information for the Contract Documents Project, including a program that shall set forth Owner’s objectives, schedule, constraints and good criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. N. Owner shall establish and update an overall budget for the Project, including the construction practicescost, Owner's other costs, and reasonable contingencies related to all of these costs.

OWNER’S RESPONSIBILITIES. 2.1 The A. Owner will respond in writing and with reasonable promptness to written requests from PROJECT MANAGER for information relevant to completion of the Work. Owner will identify a Representative qualified to respond to questions from PROJECT MANAGER when Owner is not available. PROJECT MANAGER is authorized to rely on written responses from Owner and the identified Representative. B. Owner affirms that Owner has provided or will provide a Program of Requirements to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate enter into this Agreement following completion agreement and has the right to contract for construction of the Program PROJECT MANAGING on the Job Site. Owner shall pay all taxes and assessments due on the Job Site during the period of Requirements, construction and shall take all reasonable actions required to protect marketable title to the Job Site. C. Owner shall have no further sole responsibility to secure financing for the PROJECT MANAGING and shall pay all fees, charges, or other costs of such financing, including Inspection fees charged by any lender. The nonperformance of any lender shall not affect the obligation of Owner to Architect/Engineer other than PROJECT MANAGER. Owner hereby authorizes and directs any lender on the PROJECT MANAGING to furnish PROJECT MANAGER with full information on undisbursed loan proceeds when requested by PROJECT MANAGER. D. On request of PROJECT MANAGER, Owner shall provide clear and convincing evidence that Owner has access to funds committed to payment for services authorized by of the unpaid balance of the Contract Price. Owner and provided by Architect/Engineer prior shall inform PROJECT MANAGER of any significant change in the availability of funds committed to such termination in accordance make payments required under the Contract Documents. Failure of Owner to comply with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility paragraph shall relieve PROJECT MANAGER of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized obligation to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss begin or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of continue the Work. 2.11 The E. Owner shall furnish one will not interfere with or more Construction Inspectors who shall be responsible for inspection permit others to interfere with, stop, hinder, or delay completion of the Work, consisting Work by PROJECT MANAGER or Subcontractors except as provided under this agreement. F. Owner will coordinate the Work of close, on-site examination of Separate Contractors on the materials, structure and equipment; and surveillance of the workmanship and methods used Job Site to insure ensure that the Project is reasonably accomplished in accordance Work under this contract can proceed without interference. Owner affirms that contracts with Separate Contractors require their cooperation with PROJECT MANAGER. G. All materials to be furnished by Owner under the Contract Documents shall be on hand and good available at the location specified, when required in the normal course of construction. PROJECT MANAGER makes no warrant that materials Furnished by Owner are suitable for use in the PROJECT MANAGING and may reject such materials if Installation would materially increase the cost of construction practicesor substantially delay completion of the PROJECT MANAGING. H. During the Contract Time, Owner shall, at the expense of Owner, provide and maintain a surfaced roadway connecting the Job Site with a public highway. I. Owner shall obtain all consents and approvals required from any architectural review committee, homeowners association, or similar entity having the right to review and approve Plans prior to construction.

OWNER’S RESPONSIBILITIES. 2.1 The (a) Owner has shall provide Broker with all relevant and/or requested information about Owner’s Property, including the completion of any online or hard copy forms requested by Broker. Owner must provide such information in an accurate and truthful manner, and without the intent to deceive or mislead Broker or potential buyers. (b) Owner is fully responsible for any errors contained in the information provided by Owner to Broker. Owner must review the temporary MLS listing information data sheet provided by Broker for accuracy and completeness, and must immediately notify Broker of any errors or will provide misinformation. Owner is solely and exclusively responsible for the accuracy of the information provided to Broker for inclusion on MLS. Broker does not verify nor shall Broker be responsible for verifying or confirming the accuracy of any such information. (c) Owner acknowledges that Broker is not acting as a Program of Requirements to the Architect/Engineer, full service real estate agent or the broker. Owner and Architect/Engineer may Broker agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth Broker is only providing the Owner’s description of limited services agreed to between the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilitiesparties herein, and desired special components, systems and equipmentnothing more. If Architect/Engineer prepares the Program of Requirements, then Owner Broker will review the Program of Requirements when completed and then determine whether comply with any legal obligations required under South Carolina Real Estate License Law as such law relates to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The (d) OWNER MUST ARRANGE ALL SHOWINGS OF THE PROPERTY AND SHALL BE RESPONSIBLE FOR COORDINATING CLOSING AND TRANSFERING THE PROPERTY AT CLOSING. OWNER ACKNOWLEDGES THAT ANY TRANSACTION IN REAL ESTATE MAY BE A COMPLEX TRANSACTION AND MAY REQUIRE THE ASSISTANCE OF AN ATTORNEY. OWNER IS ENCOURAGED TO SEEK LEGAL COUNSEL TO RESOLVE ANY QUESTIONS OR CONCERNS, AND TO ENSURE THAT A VALID TRANSACTION TAKES PLACE BETWEEN OWNER AND PURCHASER. (e) Owner will provide a preliminary project budget and schedule must immediately notify Broker of any changes to the Property which should be included in the MLS listing. Such changes shall include, without limitation, changes to the sales price, description or remarks, photos, commissions, etc. There shall be no additional charge to Owner for any changes made to the Project. The budget will include the Amount Available for the Construction Contract, contingencies for MLS listing by Broker. (f) Owner must immediately notify Broker of any changes in the Work during construction, and other costs which are the responsibility status of the Property including, without limitation, any pending or closed transactions on the Property. Immediate notification, for purposes of this paragraph, means notification received by Broker within twenty-four (24) hours of any such change. The following terms shall be used to indicate a change to the status of the Property: (i) Under Contract. Property is “Under Contract” when Owner has accepted an offer from a potential buyer to purchase the Property. (ii) Sold. Property is “Sold” when the transaction has closed or gone through final settlement. (iii) Active. Property is “Active” if any contract or offer to purchase is rejected, terminated or likewise fails to close. (iv) Withdrawn. Property is “Withdrawn” from the real estate market when the Owner desires to remove the Property for sale and discontinue its listing on MLS. The above changes in the status of the Property shall be relayed by Broker to MLS at no additional cost to Owner. 2.3 The (g) Owner designates agrees that he/she/it/they shall immediately advise Broker of any changes to the Chief Facilities Officer status of the Property as set forth above. In the event Owner does not advise Broker of such changes, or (h) Owner agrees to comply with any and all applicable federal, state and local rules and regulations pertaining to the sale of Owner’s Property. Owner acknowledges that Broker is not acting as a licensed attorney in respect to this Agreement and cannot offer legal advice to Owner. (i) Owner shall be solely and exclusively responsible for the Office safety and soundness of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer Property, and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Ownerindemnify and defend Broker, at Owner’s costexpense, will secure the services of laboratory testing engineersby and against any liability, claims, judgments, obligations, or other special consultants to develop additional information to the extent necessary for the design demands brought against Broker as a result of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the injuries received or damages incurred on or from Owner’s instructions to such providersProperty. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The 5.1 ACCESS Owner has provided or will shall provide a Program of Requirements Consultant with reasonable access to the Architect/Engineer, or Worksite so as to assist Consultant in its performance of all tasks reasonably necessary for the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program completion of Requirements as an Additional Service as set forth in Article 14 of Services under this Agreement. 5.2 UTILITIES Consultant, along with any Subcontractors, shall arrange to locate and xxxx all underground utilities. The Program of Requirements This work will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination be performed in accordance with the terms individual state or local legally-authorized utility locating service known variously as “One Call,” “Miss Utility” or other such entitled services. Underground utilities not located and conditions marked by the state or local legally-authorized locating services will be located through the use of this Agreementa private utility locator for which Consultant will be compensated. Underground utilities or subterranean structures owned or installed by Owner shall be located and marked by Owner at his/her expense. No subsurface exploration services will commence until all known underground utilities are located and marked. Consultant shall take reasonable precautions to avoid known underground utilities and subterranean structures. 2.2 The Owner will provide a preliminary project budget and schedule for 5.3 OWNER’S REPRESENTATIVE Owner's Representative is identified under Article 11. Owner’s Representative shall: (a) be fully acquainted with the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during constructionServices, and other costs which are Worksite; (b) agree to furnish the responsibility information and services required of Owner in a timely manner; and (c) is authorized to act on behalf of the Owner and provide general administration of the Agreement and fulfill the duties, rights and obligations of the Owner under the Agreement. If Owner changes its Representative or the Representative's authority, Owner shall promptly notify Consultant in writing in advance. 5.3.1 The Director of Planning, Design & Construction or designee shall be the principal representative of the Owner. All communications between the Owner and Consultant shall be made through the Owner's Representative. The Owner's Representative shall be at all meetings with the Consultant and other institutional personnel during the Project. 2.3 5.3.2 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf Representative shall meet and confer with respect the Consultant and its Subcontractors as necessary to ensure complete understanding and communication relative to the needs and requirements of the Project. The Owner’s authorized representative Representative shall examine notify the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay Consultant in writing of any change in the progress of the Architectwritten program/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claimsrequirements. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The ACCESS Owner has provided or will shall provide a Program of Requirements Consultant with reasonable access to the Architect/Engineer, or Worksite so as to assist Consultant in its performance of all tasks reasonably necessary for the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program completion of Requirements as an Additional Service as set forth in Article 14 of Services under this Agreement. The Program of Requirements UTILITIES Consultant, along with any Subcontractors, shall arrange to locate and xxxx all underground utilities. This work will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination be performed in accordance with the terms individual state or local legally-authorized utility locating service known variously as “One Call,” “Miss Utility” or other such entitled services. Underground utilities not located and conditions marked by the state or local legally-authorized locating services will be located through the use of this Agreement. 2.2 The a private utility locator for which Consultant will be compensated. Underground utilities or subterranean structures owned or installed by Owner shall be located and marked by Owner at his/her expense. No subsurface exploration services will provide a preliminary project budget commence until all known underground utilities are located and schedule for marked. Consultant shall take reasonable precautions to avoid known underground utilities and subterranean structures. OWNER’S REPRESENTATIVE Owner's Representative is identified under Article 11. Owner’s Representative shall: (a) be fully acquainted with the Project, Services, and Worksite; (b) agree to furnish the information and services required of Owner in a timely manner; and (c) is authorized to act on behalf of the Owner and provide general administration of the Agreement and fulfill the duties, rights and obligations of the Owner under the Agreement. If Owner changes its Representative or the Representative's authority, Owner shall promptly notify Consultant in writing in advance. The budget will include Director of Physical Plant or designee shall be the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility principal representative of the Owner. 2.3 The . All communications between the Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in and Consultant shall be made through the Owner’s behalf 's Representative. The Owner's Representative shall be at all meetings with respect to the Consultant and other institutional personnel during the Project. The Owner’s authorized representative Representative shall examine meet and confer with the documents submitted by the Architect/Engineer Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated its Subcontractors as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information ensure complete understanding and communication relative to the extent necessary for the design needs and requirements of the Project. The ArchitectOwner’s Representative shall notify the Consultant in writing of any change in the written program/Engineer requirements. INFORMATION AND SERVICES PROVIDED BY OWNER Owner’s responsibilities under this article shall be fulfilled with reasonable detail and in a timely manner. WORKSITE INFORMATION. To the extent Owner has obtained, or is required by this Agreement to obtain, the following Worksite information, Owner shall provide such information at Owner's expense and with reasonable promptness: Information describing the Owner with parameters for inclusion in physical characteristics of the Owner’s instructions site, including surveys, Worksite evaluations, legal descriptions, data, notes, maps, or drawings depicting existing surface and/or subsurface conditions, boring logs, site photos, geophysical logs, lab tests, environmental studies, reports and investigation findings, and field observations, and any other data, reports, or information relevant to such providers. 2.5 The Owner the Services. Worksite descriptions shall arrange and pay for structural, mechanical, chemical include existing buildings and other laboratory tests as necessary during construction except as and all other pertinent site conditions. Adjacent property descriptions shall include structures, streets, sidewalks, alleys and other features relevant to the Services. Utility details shall include available services, lines at the Worksite and adjacent thereto, and connection points. The information shall include public and private information, surface and subsurface information, grades, contours and elevations, drainage data, exact locations and dimensions, and benchmarks that can be used by Consultant in planning and/or performing the Services. Tests, inspections, and other reports dealing with environmental matters, Hazardous Waste, and other existing conditions, required by this Agreement or by Law; and Any other information or services requested in writing by Consultant which are required for Consultant's performance of the Contractor in Services and under Owner's control. This Section details the Contract Documents. 2.6 The Owner shall furnish all legalinformation, accountingsuch as site surveys, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information legal descriptions and reports of environmental conditions, and services required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or aniticipates that the Project scope will provide a Program involve the design and construction of Requirements certain improvements to the Architect/Engineerexisting facility, or said improvements to potentially include a minor addition to the facility. Owner shall work with Project Architect and Architect/Engineer may agree that Architect/Engineer its consultants to jointly develop a Pre-Design Report for the Project. Owner shall prepare a Program consider the development of Requirements as the Pre-Design Report an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements Pre-Design Report will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements Pre-Design Report when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this the Agreement following completion of the Program of Requirements, Pre-Design Report and shall have no further obligation to Architect/Engineer Project Architect other than payment for services authorized by Owner and provided by Architect/Engineer Project Architect prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction ContractCost Limitation, contingencies for changes in the Work during constructionOwner’s Special Cash Allowance, Owner’s Construction Contingency, and other costs which are the responsibility of the Owner. The schedule attached hereto as an Exhibit, sets forth the Owner’s plan for milestone dates and completion of the Project. 2.3 The Owner designates the Chief Facilities Officer for the Office its Executive Director of Facilities Planning & Planning, Design, and Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative representative, or her or his delegate, shall examine the documents submitted by the Architect/Engineer Project Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Project Architect/Engineer’s services. The Chief Facilities Officer for the Office Owner’s Executive Director of Facilities Planning & Planning, Design and Construction is also designated as the Owner’s representative for the purpose of administering this Agreementcontract, including determination of fees earned by the Project Architect and equitable back charges against the Project Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer Project Architect such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer Project Architect or failure of Architect/Engineer Project Architect to perform Project Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of surveyors, geotechnical and laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Projectproject. The Architect/Engineer Project Architect shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed as may be necessary by the Owner for the Project. 2.7 The services, information information, surveys and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Project Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Project Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans plans and Specifications specifications will be furnished in writing to the Architect/Engineer Project Architect as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer Project Architect to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Project Architect/Engineer’s services and of the Work. 2.11 At the time the Construction Documents are issued for construction bids/proposals, the Owner shall prepare a statement calculating the Project Architect’s fees for the Project based upon the provisions of this Agreement and any adjustments to the fee calculation mutually agreed to during design. If Project Architect objects to the revised project fees, Project Architect must notify the Owner of its objections in writing within fourteen (14) days of receipt of the fee statement otherwise Project Architect’s approval of the fee amounts shall be deemed given. 2.12 The Owner shall furnish one or more Construction Inspectors persons who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Program of Requirements to the Architect/EngineerPre-Design Report attached hereto as an Exhibit, or the Owner and Architect/Engineer Project Architect may agree that Architect/Engineer Project Architect shall prepare prepare, or assist in the preparation of, a Program of Requirements Pre- Design Report as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements Pre-Design Report will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer Project Architect prepares the Program of RequirementsPre-Design Report, then Owner will review the Program of Requirements Pre-Design Report when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this the Agreement following completion of the Program of RequirementsPre-Design Report, and shall have no further obligation to Architect/Engineer Project Architect other than payment for services authorized by Owner and provided by Architect/Engineer Project Architect prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction ContractCost Limitation, contingencies for changes in the Work during constructionOwner’s Special Cash Allowance, Owner’s Construction Contingency, and other costs which are the responsibility of the Owner. The schedule attached hereto as an Exhibit, will set forth the Owner’s plan for milestone dates and completion of the Project. 2.3 The Owner designates the Chief Facilities Officer for the Office its Executive Director of Facilities Planning Planning, Design & Construction (FPDC), as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer Project Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Project Architect/Engineer’s services. The Chief Facilities Officer for the Office Owner’s Executive Director of Facilities Planning & Planning, Design and Construction is also designated as the Owner’s representative for the purpose of administering this Agreementcontract, including determination of fees earned by the Project Architect and equitable back charges against the Project Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer Project Architect such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer Project Architect or failure of Architect/Engineer Project Architect to perform Project Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of surveyors, geotechnical and laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Projectproject. The Architect/Engineer Project Architect shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed as may be necessary by the Owner for the Project. 2.7 The services, information information, surveys and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documentsdocuments, written notice thereof will be given by the Owner to the Project Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Project Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans plans and Specifications specifications will be furnished in writing to the Architect/Engineer Project Architect as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer Project Architect to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Project Architect/Engineer’s services and of the Work. 2.11 At the time the Construction Documents are issued for construction bids/proposals, the Owner shall prepare a statement calculating the Project Architect’s fees for the Project based upon the provisions of this Agreement and any adjustments to the fee calculation mutually agreed to during design. If Project Architect objects to the revised project fees, Project Architect must notify the Owner of its objections in writing within fourteen (14) days of receipt of the fee statement otherwise Project Architect’s approval of the fee amounts shall be deemed given. 2.12 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipmentequip- ment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Program of Requirements to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Project Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this AgreementScope. The Program of Requirements Scope will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Project Engineer prepares the Program of RequirementsScope, then Owner will review the Program of Requirements Scope when completed and then determine whether to proceed with , when the Project and Scope is approved, will authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction ContractCost Limitation, contingencies for bidding and changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction Xxxxx Xxxxxx, P.E., Assistant Director, Physical Plant as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Project Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Project Engineer’s services. The Chief Facilities Officer Vice President for the Office of Facilities Planning & Construction Administrative Services is also designated as the Owner’s representative for the purpose of administering this Agreementcontract, including determination of fees earned by the Architect/Project Engineer and equitable back charges against the Project Engineer. The Owner shall have the right to withhold from payments due Architect/Project Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Project Engineer or failure of Architect/Project Engineer to perform Architect/Project Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 2.5 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documentsdocuments, written notice thereof will be given by the Owner to the Architect/Project Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 2.6 The Owner will review the Architect/Project Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans plans and Specifications specifications will be furnished in writing to the Architect/Project Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Project Engineer to halt production during design review. 2.10 2.7 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Project Engineer’s services and of the Work. 2.11 2.8 At the time the Construction Documents are issued for construction bids/proposals, the Owner shall prepare a statement calculating the Project Engineer’s fees for the Project based upon the provisions of this Agreement and any adjustments to the fee calculation mutually agreed to during design. If Project Engineer objects to the revised project fees, Project Engineer must notify the Owner of its objections in writing within fourteen (14) days of receipt of the fee statement otherwise Project Engineer’s approval of the fee amounts shall be deemed given. 2.9 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipmentequip- ment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner confirms to the Agent that: The Owner is the heritable proprietor of the Property as of the date of this Agreement and will provide the Agent with evidence of this on request. The Owner will immediately inform the Agent if they transfer Ownership of the Property to another person or entity. The Owner confirms that the Owner has the consent of any other joint owners of the Property to let the Property; All heritable creditors with securities over the Property have been advised in writing that the Property is to be let and written consent has been obtained which will be provided to the Agent on request; i) has buildings insurance in place over the Property for the full re-instatement value and which allows for the Property being let and has contents insurance for landlord’s contents and will provide evidence to the Agent on request; and ii) will maintain said insurance in force throughout the period of this Agreement; All furniture and furnishings in the Property comply with all relevant regulations, including but not restricted to the Furniture and Furnishings (Fire) (Safety) Regulations 1988; The Owner has been provided with a copy of the Agent’s standard tenancy agreement and: i) approves the terms thereof and authorises the Agent to enter into and sign lease agreements on the terms thereof as Agent for the Owner; ii) authorises the Agent to make such amendments to their standard tenancy agreement as the Agent in their sole discretion considers necessary to comply with any relevant regulations or desirable to protect the interest of the Owner; The Owner authorises the Agent to act on behalf of the Owner in the letting and management of the Property during the period of this Agreement. During the period of this Agreement the Agent will be the sole Agent for the Property and the Owner will not use any other Agent for the advertising, letting or management of the Property nor will the Owner advertise the Property for sale simultaneously with offering the Property for let; The Owner has taken all professional advice deemed necessary in relation to: i) the legal obligations of a landlord of private rented accommodation; and ii) the taxation and other financial implications of letting the Property; The Owner has advised the Agent of the Owner’s residency and where the Owner will be resident outside the United Kingdom for more than six months per year, the Owner will either provide a Program of Requirements Non-Resident Landlord approval number from Her Majesty’s Revenue & Customs (HMRC) (for each joint owner) in order for the Agent to the Architect/Engineerpay their rent gross, or the Agent will deduct tax at the basic rate on all rental income and pay this directly to HMRC on a quarterly basis; Where required, the Owner has obtained or will obtain a House in Multiple Occupation (HMO) licence and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 will carry out all necessary works requested by the relevant licensing authority to enable the licence to be granted, maintained and renewed during the period of this Agreement. The Program Owner will provide the Agent with a copy of Requirements the HMO licence and conditions. Where the Agent has agreed in writing to apply for an HMO licence or renew an existing HMO licence on behalf of the Owner the Owner agrees to pay the Agent such outlays and administration charges as the Agent may reasonably impose for doing so; The Owner will set forth at all times provide the Agent with the Owner’s description of the project scopecurrent postal address, preliminary project cost, schedule, criteria for design objectives, characteristics e-mail address and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 at least two contact telephone numbers; The Owner will provide three sets of keys, or more as may reasonably be requested, and authorises the Agent to have further sets cut when necessary; The Owner has registered as a preliminary project budget private landlord with the relevant local authority and schedule prior to the commencement of this Agreement will provide the Agent with their private landlord Registration Number. The Owner will renew such registration as and when required by the local authority to ensure that the Owner remains duly registered throughout the duration of this Agreement and will advise the Agent and the local authority of any changes to the Owner’s details; The Agent will act for the Project. Owner in relation to the Deposit Xxxxxx’s scheme including fulfilling the Owner’s obligations under the Tenancy Deposit Schemes (Scotland) Regulations 2011 to lodge the deposit with the Deposit Holder and issue the statutory deposit notice to tenants within 30 working days of the start of the tenancy; The budget Owner will include implement the Amount Available for Owner’s obligations to ensure that the Construction Contract, contingencies for changes Property meets the Repairing Standard as set out in the Work Housing (Scotland) Act 2006 at the commencement of any lease of the Property and at all times during constructionany such lease, and other costs which are hereby authorises the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized Agent to act in instruct repairs on the Owner’s behalf with respect up to the Project. The Owner’s authorized representative shall examine Approved Repair Limit without the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, Agent requiring to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as seek the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineerprior consent to do so. The Owner shall have authorises the Agent to instruct repairs to the Property which are above the Approved Repair Limit without the Owner’s prior consent where such repairs, in the sole opinion of the Agent, are of an emergency nature; The Owner will furnish the Agent with all relevant warranties or service agreements in respect of fixtures, fittings and appliances; The Owner will timeously carry out all work required to remedy any defects identified by gas and electrical safety checks and legionnaires risk assessments/reviews; The Owner is aware that if a tenant refuses access to the Property neither the Agent, the Owner nor any third party has the right to withhold from payments due Architect/Engineer such sums as enter the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claimsProperty using retained keys without a warrant. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, as required by 19 Texas Administrative Code Section 61.1040. The Architect shall review the program and specifications furnished by Owner to ascertain the specific requirements of the Project and shall arrive at a mutual written understanding of such requirements with Owner. Architect shall include all components of Owner’s program in the Project, unless specific written agreement to delete a component is received from Owner. § 5.2 The Owner has provided or will provide a Program of Requirements to the Architect/Engineer, or the Owner shall establish and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth update the Owner’s description budget for the Project when required, including (1) the budget for the Cost of the project scopeWork as defined in Section 6.1; (2) the Owner’s other costs; and, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program (3) reasonable contingencies related to all of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Servicesthese costs. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in update the Owner’s behalf with respect budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project. ’s scope and quality. § 5.3 The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and Owner shall render decisions pertaining thereto promptly, and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect/Engineer’s services. The Chief Facilities Officer Owner’s Board of Trustees is the only representative of Owner, an independent school district, having the power to enter into or amend a contract, to approve changes in the Scope of the Work, to approve and execute a Change Order or Construction Change Directive modifying the Contract Sum or Guaranteed Maximum Price, agree to an extension of the dates of Substantial Completion or Final Completion, or approve changes in the Architect’s compensation. Owner’s Board of Trustees may designate one or more representatives with authority to sign documents after Board approval and/or to advise and consult with Architect for day-to-day operations under the agreement. Owner’s Board of Trustees hereby delegates to the Superintendent the authority to approve minor contract revisions, which may arise after execution of the contract, that do not affect the material terms of the contract. Any such revisions shall be reviewed by the Board’s legal counsel, confirmed in writing between the Architect and Owner’s Superintendent or designee, and notice of such approved revisions shall be given to the Board of Trustees." § 5.4 Upon written request of the Architect, the Owner shall furnish surveys known to the Owner describing physical characteristics, legal limitations and utility locations for the Office site of Facilities Planning & Construction is also designated as the Project, and a written legal description of the site. Other than the metes and bounds noted in the legal description of the site, the Architect shall not be entitled to rely on the accuracy of information furnished by the Owner, but shall exercise proper precautions relating to the safe performance of the Work. Other than the metes and bounds noted in the survey if any, Owner does not guarantee the accuracy of surveys provided, including the locations of utility lines, cables, pipes or pipelines or the presence or absence of easements. Architect shall review this information and shall provide to Owner a written request for § 5.5 The Owner may furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 [Intentionally deleted] § 5.7 [Intentionally deleted] § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineerconsultants. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure furnish the services of laboratory testing engineersconsultants other than those designated as the responsibility of the Architect in this Agreement, or other special authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants to develop additional information and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.9 The Owner shall furnish tests, inspections and reports that are required by law or the Contracts to be furnished by the Owner. To the extent that tests, inspections and reports are not required by law or the Contract Documents to be furnished by Owner, but are deemed necessary by the Architect or Owner, then they shall be furnished by Architect, unless Architect receives Owner’s written permission to charge Owner for the services or Owner agrees to separately contract for the services. § 5.10 Unless otherwise provided in this Agreement the Owner may, in its sole discretion furnish legal and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service, and Architect shall have the reasonable amount of time required by Texas Government Code Chapter 2272 to cure its errors, omissions, or inconsistencies as a precondition to any dispute resolution proceeding involving Owner and Architect. Architect acknowledges that he is the leader of the design team and is responsible for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; howeverTherefore, Owner shall have no obligation or duty be entitled to investigate whether such faultsrely on the Construction Documents, defectsservices, or conflicts exist. 2.9 The Owner will review and information furnished by the Architect/Engineer’s design at the completion . This Section shall not relieve Architect of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections any responsibility or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary liability for the orderly progress performance of Architect’s contracted services on the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the WorkProject, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Standard of Care. § 5.12 The Owner shall endeavor to include the Architect in all communications with the Contractor that relate to or affect the Architect’s services or professional responsibilities. The Owner shall endeavor to promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. § 5.13 Before executing the Contract Documents for Construction, the Owner shall coordinate the Architect’s duties and good construction practicesresponsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.15 [Intentionally deleted]

OWNER’S RESPONSIBILITIES. 2.1 9.1 The Owner has provided or will provide designate a Program of Requirements to Project Architect for the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this AgreementProject. 2.2 9.2 The Owner will provide a preliminary project budget the Preliminary Project Cost and general schedule for the Project. The budget PPC will include the Amount Available for the Construction ContractCost Limitation, contingencies for changes in the Work during construction, and other costs which that are the responsibility of the Owner. The general schedule will set forth the Owner’s plan for milestone dates and completion of the Project. 2.3 9.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction will identify a person as its representative Owner Designated Representative (―ODR‖) who is authorized to act in the Owner’s 's behalf with respect to the Project. The Owner’s authorized representative 's Designated Representative shall examine the documents submitted by the Architect/Engineer Construction Manager and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress on behalf of the Architect/Engineer’s services. Owner. 9.4 The Chief Facilities Officer for the Office Owner will identify a person as its Owner Designated Representative authorized to administer this Agreement on behalf of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including final determination of fees and costs earned by the Architect/Engineer. The Owner shall have Construction Manager and equitable backcharges against the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claimsConstruction Manager. 2.4 9.5 The Owner, at Owner’s cost, will secure the services of laboratory testing surveyors, soils engineers, existing facility surveys, testing and balancing, commissioning, environmental surveys or other special consultants to develop such additional information to the extent as may be necessary for the design or construction of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 9.6 The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of by the Contractor in the Contract Construction Documents. 2.6 9.7 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed for itself as may be necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 9.8 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for is consistent with reasonable skill and care and the orderly progress of the Architect/Engineer’s Construction Manager's services and of the Work. 2.11 9.9 The Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Construction Manager’s responsibility for the Work. Construction Manager is fully and solely responsible for constructing the Project in strict accordance with the Construction Documents. 9.10 Owner shall have the right to reject any defective Work on the Project. Should Construction Manager refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Construction Manager on demand. 9.11 Owner shall furnish one or more to the Construction Inspectors who shall be responsible for inspection Manager the number of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practicesConstruction Document sets as required by this Agreement.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Program of Requirements to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed responsibilities in connection with the Project and authorize commencement of Basic Services. shall be as follows: 6.1 The Owner reserves shall provide full information in a timely manner regarding its requirements for the right to terminate this Agreement following completion of Project and any other relevant information regarding its requirements for the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized Project as may be requested by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this AgreementDesign-Builder. 2.2 6.2 The Owner will provide shall designate a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative Project Manager authorized to act in on the Owner’s behalf with respect to the Project. The Owner’s authorized representative , through the Project Manager, shall examine the documents submitted by the Architect/Engineer Design-Builder and shall promptly render decisions pertaining thereto promptly, to avoid unreasonable delay in the orderly progress of the Architect/EngineerWork. 6.3 The Owner may, but shall not be required, to appoint an on-site Project representative to observe the Work. 6.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections, and shall pay the fees for such permits, licenses and inspections if the cost of such fees is not identified as being included in the Design-Builder’s servicesProposal. 6.5 The Owner shall furnish a legal description and a certified boundary survey, if available, of the site and all available information concerning utility services and lines, both public and private, above and below grade, including inverts and depths. The Chief Facilities Officer for Design-Builder shall be entitled to rely upon said survey work and to the Office of Facilities Planning & Construction is also designated as extent errors associated with the survey work necessitate additional cost, the additional cost shall be borne by the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned . 6.6 The Owner shall furnish such environmental services as are reasonably deemed necessary by the Architect/EngineerDesign-Builder. The Owner shall have bear responsibility for any pre-existing environmental conditions associated with the right real property more particularly described in Schedule “A” attached hereto. All costs associated with remediating or otherwise addressing pre- existing environmental conditions shall be the financial responsibility of Owner and shall not be considered part of the Cost of the Work. The Design-Builder shall be responsible for insuring that environmental contamination of the Project site does not occur during the term of this contract. To the extent that environmental contamination occurs during the term of this contract, the Design-Builder will bear financial responsibility for all costs associated with remediating or otherwise addressing the same to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure satisfaction of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claimsthe Owner. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 6.7 The Owner shall furnish all legalreadily available geotechnical or other laboratory or on-site tests, accounting, auditing inspections and insurance counseling services deemed necessary reports as required by the Owner for the Projectlaw. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 6.8 If the Owner observes or otherwise acquires actual knowledge becomes aware of any design a fault or defect in the Project Work or conflict in nonconformity with the Contract Construction Documents, the Owner shall give prompt written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts existDesign-Builder. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 6.9 The Owner shall furnish required information and services and shall promptly render approvals and decisions as expeditiously as necessary for pertaining thereto to avoid delay in the orderly progress of the Architect/Engineer’s services design and of the Workconstruction. 2.11 6.10 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of communicate with subcontractors and sub-consultants only through the Work, consisting of close, onDesign-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practicesBuilder.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Program of Requirements to OWNER shall: 3.1 Pay the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination ENGINEER in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide 3.2 Designate in writing a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized person to act in the Owner’s behalf as OWNER's representative with respect to the Projectservices to be performed or furnished by ENGINEER under this Agreement. The Owner’s authorized representative shall examine Such person will have complete authority to transmit instructions, receive information, interpret, and define OWNER's policies and decisions with respect to ENGINEER's services for the documents submitted by project. 3.3 Provide all criteria and full information as to OWNER's requirements for the Architect/Engineer project described in each Task Order, including, as applicable to the Services, design objectives and shall render decisions pertaining thereto promptlyconstraints, space, capacity and performance requirements, flexibility and expandability, and furnish copies of all design and construction standards which OWNER will require to avoid unreasonable delay be included in the progress Drawings and Specifications. 3.4 Furnish to ENGINEER all existing studies, reports and other available data and services of others pertinent to the Architect/Engineer’s services. The Chief Facilities Officer Task Order, obtain or authorize ENGINEER to obtain or provide additional reports and data as required, and furnish to ENGINEER services of others required for the Office performance of Facilities Planning & Construction is also designated as ENGINEER’s services for a Task Order, and ENGINEER shall be entitled to use and rely upon all such information and services provided by OWNER or others in performing ENGINEER’s services under a Task Order subject to any express limitations or reservations applicable to the Owner’s representative furnished items. 3.5 Be responsible for the purpose of administering all requirements and instructions that it furnishes to ENGINEER pursuant to this Agreement, including determination and for the accuracy and completeness of fees earned all programs, reports, data, and other information furnished by the Architect/Engineer. The Owner shall have the right OWNER to withhold from payments due Architect/Engineer such sums ENGINEER pursuant to this Agreement. 3.6 Provide access to and make all provisions for ENGINEER to enter upon public and private property as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer required for ENGINEER to perform Architect/Engineer’s obligations services under this Agreement pending final resolution of such claimseach Task Order, as applicable. 2.4 The Owner, at Owner’s cost, will secure 3.7 Furnish approvals and permits from all governmental authorities having jurisdiction over the services of laboratory testing engineers, or other special consultants to develop additional information to the extent Task Order and such approvals and consents from others as may be necessary for the design completion of the Project. The Architect/Engineer shall provide Task Order. 3.8 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the Owner with parameters for inclusion scope or time of performance or furnishing of ENGINEER’s Services or any relevant, material defect or conformance in ENGINEER’s Services or in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required work of the any Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary employed by the Owner for OWNER on the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner 3.9 Bear all costs incident to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance compliance with the Contract Documents and good construction practicesrequirements of this Article 3.

OWNER’S RESPONSIBILITIES. 2.1 The (a) Owner has shall provide Agent with all relevant and/or requested information about Owner’s Property, including the completion of any online or hard copy forms requested by Agent. Owner must provide such information in an accurate and truthful manner, and without the intent to deceive or mislead Agent or potential buyers. (b) Owner is fully responsible for any errors contained in the information provided by Owner to Agent. Owner must review the temporary MLS listing information data sheet provided by Agent for accuracy and completeness, and must immediately notify Agent of any errors or will provide misinformation. Owner is solely and exclusively responsible for the accuracy of the information provided to Agent for inclusion on MLS. Agent does not verify nor shall Agent be responsible for verifying or confirming the accuracy of any such information. (c) Owner acknowledges that Agent is not acting as a Program of Requirements to the Architect/Engineer, full service real estate agent or the broker. Owner and Architect/Engineer may Agent agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth Agent is only providing the Owner’s description of services agreed to between the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilitiesparties herein, and desired special components, systems and equipmentnothing more. If Architect/Engineer prepares the Program of Requirements, then Owner Agent will review the Program of Requirements when completed and then determine whether comply with any legal obligations required under South Carolina Real Estate License Law as such law relates to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The (d) OWNER MUST ARRANGE ALL SHOWINGS OF THE PROPERTY, PROVIDE ALL NECESSARY DISCLOSURES, NEGOTIATE ALL OFFERS ON THE PROPERTY, COORDINATE CLOSING AND TRANSFER THE PROPERTY AT CLOSING. OWNER ACKNOWLEDGES THAT ANY TRANSACTION IN REAL ESTATE MAY BE A COMPLEX TRANSACTION AND MAY REQUIRE THE ASSISTANCE OF AN ATTORNEY. OWNER IS ENCOURAGED TO SEEK LEGAL COUNSEL TO RESOLVE ANY QUESTIONS OR CONCERNS, AND TO ENSURE THAT A VALID TRANSACTION TAKES PLACE BETWEEN OWNER AND PURCHASER. OWNER FURTHER AGREES THAT OWNER SHALL NOT ENTER INTO ANY CONTRACTS OR AGREEMENTS WHICH PROVIDE THAT AGENT HOLD XXXXXXX MONEY OR OTHER TRUSTED FUNDS FOR SUCH CONTRACTS OR AGREEMENTS. LIKEWISE, OWNER AGREES THAT OWNER SHALL NOT ENTER INTO ANY CONTRACTS OR AGREEMENTS WHICH PROVIDE THAT AGENT BE NAMED AS THE RESPONSIBLE BROKER FOR SUCH CONTRACTS OR AGREEMENTS. (e) Owner will provide a preliminary project budget and schedule must immediately notify Agent of any changes to the Property which should be included in the MLS listing. Such changes shall include, without limitation, changes to the sales price, description or remarks, photos, commissions, etc. There shall be no additional charge to Owner for any changes made to the Project. The budget will include the Amount Available for the Construction Contract, contingencies for MLS listing by Agent. (f) Owner must immediately notify Agent of any changes in the Work during construction, and other costs which are the responsibility status of the Owner. 2.3 Property including, without limitation, any pending or closed transactions on the Property. Immediate notification, for purposes of this paragraph, means notification received by Agent within twenty-four (24) hours of any such change. The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized following terms shall be used to act in the Owner’s behalf with respect indicate a change to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress status of the Architect/Engineer’s servicesProperty: (i) Under Contract. The Chief Facilities Officer for Property is “Under Contract” when Owner has accepted an offer from a potential buyer to purchase the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claimsProperty. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The 5.1 ACCESS Owner has provided or will shall provide a Program of Requirements Consultant with reasonable access to the Architect/Engineer, or Worksite so as to assist Consultant in its performance of all tasks reasonably necessary for the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program completion of Requirements as an Additional Service as set forth in Article 14 of Services under this Agreement. 5.2 UTILITIES Consultant, along with any Subcontractors, shall arrange to locate and xxxx all underground utilities. The Program of Requirements This work will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination be performed in accordance with the terms individual state or local legally-authorized utility locating service known variously as “One Call,” “Miss Utility” or other such entitled services. Underground utilities not located and conditions marked by the state or local legally-authorized locating services will be located through the use of this Agreementa private utility locator for which Consultant will be compensated. Underground utilities or subterranean structures owned or installed by Owner shall be located and marked by Owner at his/her expense. No subsurface exploration services will commence until all known underground utilities are located and marked. Consultant shall take reasonable precautions to avoid known underground utilities and subterranean structures. 2.2 The Owner will provide a preliminary project budget and schedule for 5.3 OWNER’S REPRESENTATIVE Owner's Representative is identified under Article 11. Owner’s Representative shall: (a) be fully acquainted with the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during constructionServices, and other costs which are Worksite; (b) agree to furnish the responsibility information and services required of Owner in a timely manner; and (c) is authorized to act on behalf of the Owner and provide general administration of the Agreement and fulfill the duties, rights and obligations of the Owner under the Agreement. If Owner changes its Representative or the Representative's authority, Owner shall promptly notify Consultant in writing in advance. 5.3.1 The Director of Facilities Management or designee shall be the principal representative of the Owner. All communications between the Owner and Consultant shall be made through the Owner's Representative. The Owner's Representative shall be at all meetings with the Consultant and other institutional personnel during the Project. 2.3 5.3.2 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf Representative shall meet and confer with respect the Consultant and its Subcontractors as necessary to ensure complete understanding and communication relative to the needs and requirements of the Project. The Owner’s authorized representative Representative shall examine notify the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay Consultant in writing of any change in the progress of the Architectwritten program/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claimsrequirements. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The (a) Owner has provided identified the facility, and Xxxx Xxxxxxxx (Director of Emergency Operations for St. Lucie County) has determined that the facility may be suitable for use as a public shelter, or staging area, or for other purposes in connection with disaster relief operations. (The facility is referred to as the "Shelter"). Upon request by the EOC (which may be made orally or in writing) Owner will make the facility available for use as a Shelter; Owner will make the facility available for use as a Shelter as soon as conditions allow. (b) Owner will appoint a person to coordinate the Owner's activities (This individual is referred to as the Owner's "Facility Coordinator"). The Facility Coordinator will coordinate the use of the Shelter with the Red Cross's designated official. (The Red Cross official is referred to as the."Shelter Manager"). The Facility Coordinator and the Shelter Manager will collaborate to resolve questions regarding Shelter operations. The Facility Coordinator and the Shelter Manager will jointly conduct a pre­inspection survey of the Shelter before it is turned over to the Red Cross. The pre­inspection survey, attached as Exhibit A, will be used to identify and record any existing damage or conditions. The Facility Coordinator will secure all equipment that is not supposed to be used by the Red Cross in the operation of the Shelter. (c) The Facility Coordinator will, on request and if feasible, designate a "Foodservice Manager" to establish a feeding schedule and determine foodservice inventory and supply needs. The Facility Coordinator also will, on request and if feasible, designate a Facility Custodian, to establish and direct the sanitation inventory and supply needs. The Shelter Manager and the Facility Coordinator will jointly coordinate a work schedule for any personnel who are not Red Cross employees, volunteers, or contractors. If it is not feasible for one or both of a Foodservice Manager or a Facility Custodian to be designated by the Facility Coordinator, the Facility Coordinator will inform the Shelter Manager, who may obtain such services by contract. (d) In cooperation with the Shelter Manager and Facility Coordinator, the Foodservice Manager will provide a Program the food and supplies needed for meals at the Shelter site. If, in the opinion of Requirements to the Architect/EngineerShelter Manager, additional food or supplies are needed, the Shelter Manager will coordinate the procurement of the additional food or supplies. Red Cross will pay or reimburse Owner for all food and Architect/Engineer may agree that Architect/Engineer shall prepare a Program supplies as approved by the Shelter Manager and used in the course of Requirements operating the Shelter. (e) The Facility Custodian will provide sanitation services and supplies for custodial care at the Shelter as an Additional Service as set forth in Article 14 of this Agreementdirected by the Shelter Manager. The Program Facility Coordinator or Facility Custodian will order and provide all additional sanitation and custodial supplies and services as shall be determined by the Shelter Manager. Red Cross will pay or reimburse Owner for all sanitation supplies as approved by the Shelter Manager and used in the course of Requirements will set forth operating the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this AgreementShelter. 2.2 The Owner will provide a preliminary project budget and schedule (f) Red Cross is not responsible for police or public safety at the ProjectShelter. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which Any private security services that are to be the responsibility of the OwnerRed Cross must be arranged under a separate agreement. 2.3 The Owner designates (g) Within thirty (30) days after the Chief close of a Shelter, the Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf with respect Coordinator shall submit to the ProjectRed Cross all invoices to the address above. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress Invoice backup must include a list of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange Shelter operations personnel and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished hours worked at the Owner’s expenseShelter, and details on any materials or goods used or consumed. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Program of Requirements to the Architect/Engineer, (or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare Management under a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth management agreement with the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who ) shall be responsible for inspection the following: Holding the specified percentage of units available for Youth Aging Out of Xxxxxx Care households that are sent to the Workproperty by the Lead Agency. The reserved unit vacancies must be held open for referrals for at least a period of 30 calendar days starting from the date the unit is vacant and ready to lease. The Owner must notify the Lead Agency that the reserved unit is available on or before the unit becomes vacant and ready to lease. If a Youth Aging Out of Xxxxxx Care referral is denied, consisting Owner must notify the Lead Agency when that denial is made and continue to hold the reserved unit available to allow the Lead Agency to make referrals within the 30 calendar day-hold period. Notifying the Lead Agency as to the outcome of close, applications for the set-aside units and consider requests for Reasonable Accommodations for those not accepted. Working with Lead Agency to coordinate the first contact with the Youth Aging Out of Xxxxxx Care household and to initiate the application process; Designating a point person on-site examination at the Development to send notice of unit availability to the designated point person from the Lead Agency and to work with the Lead Agency during the leasing and occupancy period for all referred residents. Employ and maintain a communications plan between Management and Lead Agency that will accommodate staff turnover and assure continuing linkages for the duration of the materialscompliance period. Collaborating with the Lead Agency as appropriate and applicable, structure to address the household’s needs for assistance at application; Notifying the Lead Agency regarding anticipated and equipment; and surveillance actual vacancies in the set-aside units, as described below in #6 “Availability of XXX Units.” Notifying the Lead Agency, in a timely manner, of issues or concerns that may adversely affect the tenancy of the workmanship and methods used to insure household; Contacting Lead Agency if there are any issues or concerns that the Project is reasonably accomplished in accordance have not been satisfactorily resolved with the Contract Documents household. Informing the Lead Agency about the property and good construction practicesunit characteristics and features, rents and related costs, household income limits or restrictions, resident rights and responsibilities, the resident application process, as well as the information and documents each household will need when applying for the reserved unit.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide designate a Program of Requirements to Project Architect for the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this AgreementProject. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget the Preliminary Project Cost (PPC) and general schedule for the Project. The budget PPC will include the Amount Available for the Construction ContractCost Limitation, contingencies for changes in the Work during construction, and other costs which that are the responsibility of the Owner. 2.3 . The general schedule will set forth the Owner’s plan for milestone dates and completion of the Project. The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction will identify a person as its representative Project Manager (PM) who is authorized to act in the Owner’s 's behalf with respect to the Project. The Project Manager shall also be referred to as the Owner’s authorized representative Designated Representative (ODR) and/or Resident Construction Manager (RCM). The Project Manager shall examine the documents submitted by the Architect/Engineer Construction Manager and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress on behalf of the Architect/Engineer’s servicesOwner to the extent allowed by Texas law. The Chief Facilities Officer for the Office Project Manager shall be authorized to administer this Agreement on behalf of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including final determination of fees and costs earned by the Architect/EngineerConstruction Manager and equitable back-charges against the Construction Manager. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing surveyors, soils engineers, existing facility surveys, testing and balancing, environmental surveys or other special consultants to develop such additional information to the extent as may be necessary for the design or construction of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for materials, structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Construction Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for is consistent with reasonable skill and care and the orderly progress of the Architect/Engineer’s Construction Manager's services and of the Work. 2.11 . The Owner may designate one or more construction inspectors who shall be given access to the Work as requested or needed. The provision of inspection services by Owner shall not reduce or lessen Construction Manager’s responsibility for the Work. Construction Manager is fully and solely responsible for constructing the Project in strict accordance with the Construction Documents. Owner shall have the right to reject any defective Work on the Project. Should Construction Manager refuse or neglect to correct any such Work within a reasonable time after notice, Owner may have the Work corrected and recover all expenses incurred from Construction Manager on demand. Owner shall furnish one or more to the Construction Inspectors who shall be responsible for inspection Manager the number of Construction Document sets as required by the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practicesConstruction Manager.

OWNER’S RESPONSIBILITIES. 2.1 The Owner's responsibilities shall include the following: 3.1 Make available to Architect all necessary data and information concerning the purposeand requirements of the Project, including realistic scheduling and budget limitations. 3.2 Depending upon the scope of the Project, furnish Architect with, or direct Architect to procure at Owner’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer and any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other pertinent information. Owner has provided or will shall also provide a Program soils investigation report and a geological report if required by law. 3.3 Upon mutual agreement with Architect, appoint and pay an Inspector of Requirements Record as provided by state law. The Inspector shall be qualified and approved by Architect and by the DSA, with its work under the general direction of Architect. The Inspector shall be responsible to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination act in accordance with Owner’s policies. The project administration by Architect and its engineers shall be in addition to the terms and conditions of this Agreementcontinuous personal supervision by the Inspector. 2.2 The Owner will provide a preliminary project budget 3.4 Assist Architect in distributing plans to bidders and schedule for conducting the opening of bids on the Project. The budget will include , if applicable. 3.5 Conduct chemical, mechanical, or other tests required for proper design of the Amount Available for the Construction ContractProject; furnish such surveys, contingencies for changes in the Work during constructionborings, test pits, and other costs which are the responsibility tests as may be necessary to reveal conditions of the Ownersite which must be known for proper development of the required drawings and specifications and determine soil condition. 2.3 The Owner designates 3.6 Retain a testing service for materials testing and inspection as required by Title 21 of the Chief Facilities Officer for California Code of Regulations. 3.7 Directly pay or reimburse the Office payment of Facilities Planning & Construction as its all fees required by any reviewing or licensing agency. 3.8 Designate a representative authorized to act in as liaison between Architect and Ownerin administration of this Agreement and the Owner’s behalf with respect to the ProjectConstruction Documents. The Owner’s authorized representative shall examine assist Architect in conducting inspections and preparing the list of deficiencies and shall accompany Architect and contractor on the final inspection. 3.9 Review all documents submitted by the Architect/Engineer , including change orders and shall render other items requiring Owner’s approval; advise Architect of decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claimsthose documents withina reasonable time after submission. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, 3.10 Notify Architect if any deficiencies in material or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providersworkmanship become apparent during contractor's warranty period. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will shall provide full information in a Program of Requirements to timely manner regarding requirements for and limitations on the Architect/EngineerProject, or the Owner and Architect/Engineer may agree that Architect/Engineer including a written program which shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements will set forth the Owner’s description of the project scope, preliminary project costobjectives, schedule, criteria for design objectivesconstraints and criteria, characteristics and constraints, including space requirements and relationships, site requirementsflexibility, existing facilitiesexpandability, and desired special componentsequipment, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Servicessite requirements. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, shall establish and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project periodically update an overall budget and schedule for the Project, including the Construction Cost, the Owner’s other costs and reasonable contingencies related to all of these costs. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its shall designate a representative authorized to act in on the Owner’s behalf with respect to the Project. The Owner’s authorized Owner or such designated representative shall examine the render decisions in a timely manner pertaining to documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, Owner’s Representative in order to avoid unreasonable delay in the order and sequential progress of the Architect/EngineerOwner’s Representative’s services. The Chief Facilities Officer Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the Office site of Facilities Planning & Construction is also designated the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the Owner’s representative for the purpose of administering this Agreementsite; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including determination of fees earned by inverts and depths. All the Architect/Engineerinformation on the survey shall be referenced to a Project benchmark. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure furnish the services of laboratory testing engineersgeotechnical engineers when such services are requested by the Owner’s Representative. Such services may include but are not limited to test borings, or test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. The Owner shall furnish the services of Owner’s Representatives other special consultants to develop additional information to than those designated in Paragraph 4.5 when such services are requested by the extent necessary for Owner’s Representative and are reasonably required by the design scope of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory tests as necessary during construction except as and environmental tests, inspections and reports required of the Contractor in the Contract Documents. 2.6 by law. The Owner shall furnish all legal, accounting, auditing accounting and insurance counseling services deemed that may be necessary by at any time for the Project to meet the Owner’s needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor’s Applications for Payment or to ascertain how or for what purposes the Project. 2.7 Contractor has used the money paid by or on behalf of the Owner. The services, information information, surveys and reports required by the preceding paragraphs Paragraphs 4.4 through 4.8 shall be furnished at the Owner’s expense. 2.8 If , and the Owner’s Representative shall be entitled to rely upon the accuracy and completeness thereof. The Owner shall provide prompt written notice to the Owner’s Representative if the Owner observes or otherwise acquires actual knowledge becomes aware of any design fault or defect in the Project Project, including any errors, omissions or conflict inconsistencies in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist’s Instruments of Service. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.

OWNER’S RESPONSIBILITIES. 2.1 The Owner has provided or will provide a Program of Requirements a Scope to the Architect/Engineer, or the Owner and Architect/Engineer may agree that Architect/Engineer shall prepare a Program of Requirements as an Additional Service as set forth in Article 14 of this Agreement. The Program of Requirements Scope will set forth the Owner’s description of the project scope, preliminary project cost, schedule, criteria for design objectives, characteristics and constraints, space requirements and relationships, site requirements, existing facilities, and desired special components, systems and equipment. If Architect/Engineer prepares the Program of Requirements, then Owner will review the Program of Requirements when completed and then determine whether to proceed with the Project and authorize commencement of Basic Services. The Owner reserves the right to terminate this Agreement following completion of the Program of Requirements, and shall have no further obligation to Architect/Engineer other than payment for services authorized by Owner and provided by Architect/Engineer prior to such termination in accordance with the terms and conditions of this Agreement. 2.2 The Owner will provide a preliminary project budget and schedule for the Project. The budget will include the Amount Available for the Construction Contract, contingencies for changes in the Work during construction, and other costs which are the responsibility of the Owner. 2.3 The Owner designates the Chief Facilities Officer for the Office of Facilities Planning & Construction as its representative authorized to act in the Owner’s behalf with respect to the Project. The Owner’s authorized representative shall examine the documents submitted by the Architect/Engineer and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect/Engineer’s services. The Chief Facilities Officer for the Office of Facilities Planning & Construction is also designated as the Owner’s representative for the purpose of administering this Agreement, including determination of fees earned by the Architect/Engineer. The Owner shall have the right to withhold from payments due Architect/Engineer such sums as the Owner deems reasonably necessary to protect Owner against any loss or damage which may result from negligence by Architect/Engineer or failure of Architect/Engineer to perform Architect/Engineer’s obligations under this Agreement pending final resolution of such claims. 2.4 The Owner, at Owner’s cost, will secure the services of laboratory testing engineers, or other special consultants to develop additional information to the extent necessary for the design of the Project. The Architect/Engineer shall provide the Owner with parameters for inclusion in the Owner’s instructions to such providers. 2.5 The Owner shall arrange and pay for structural, mechanical, chemical and other laboratory tests as necessary during construction except as required of the Contractor in the Contract Documents. 2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling services deemed necessary by the Owner for the Project. 2.7 The services, information and reports required by the preceding paragraphs shall be furnished at the Owner’s expense. 2.8 If the Owner observes or otherwise acquires actual knowledge of any design fault or defect in the Project or conflict in the Contract Documents, written notice thereof will be given by the Owner to the Architect/Engineer; however, Owner shall have no obligation or duty to investigate whether such faults, defects, or conflicts exist. 2.9 The Owner will review the Architect/Engineer’s design at the completion of the Schematic Design and Design Development phases and at completion of the stages of Construction Documents as described in Article 14. Comments concerning corrections or amendments to the model(s), Plans and Specifications will be furnished in writing to the Architect/Engineer as promptly as possible after receipt of the documents for review. Owner’s approval of the documents must be in writing and no approval may be deemed given in the absence of written approval. The Owner may require the Architect/Engineer to halt production during design review. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Architect/Engineer’s services and of the Work. 2.11 The Owner shall furnish one or more Construction Inspectors who shall be responsible for inspection of the Work, consisting of close, on-site examination of the materials, structure and equipment; and surveillance of the workmanship and methods used to insure that the Project is reasonably accomplished in accordance with the Contract Documents and good construction practices.