Common use of CONTINGENT ADDITIONAL SERVICES Clause in Contracts

CONTINGENT ADDITIONAL SERVICES. 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9.

CONTINGENT ADDITIONAL SERVICES. 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, ; or 3. due to changes required as a result of the Owner's failure to render decision decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2.or the method of bidding or negotiating and 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting there from. 3.3.5 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such workWork. 3.3.5 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the workWork. 3.3.7 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional Architect is party thereto. 3.3.8 Providing services in addition to those required by Article 2 for preparing 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9.

CONTINGENT ADDITIONAL SERVICES. 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9.the

CONTINGENT ADDITIONAL SERVICES. 3.3.1 If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the ENGINEER’S control, the ENGINEER shall notify the OWNER prior to commencing such services. If the OWNER deems that such services described in Section 3.3 are not required, the OWNER shall give prompt written notice to the ENGINEER. If the OWNER indicates in writing that all or part of such Contingent Additional Services are not required, the ENGINEER shall have no obligation to provide those services. 3.3.2 Making material revisions in Drawings, Specifications Specifications, or other documents when such revisions are: 1. 3.3.2.1 inconsistent with approvals or instructions previously given by the OwnerOWNER, including revisions made necessary by adjustments in the Owner's OWNER’S program or Project budget;Budget. 2. 3.3.2.2 required by the enactment or revision of codes, laws laws, or regulations subsequent to the preparation of such documents, or. 3. 3.3.2.3 due to changes required as a result of the Owner's OWNER’S failure to render a decision in a timely manner. 3.3.2 3.3.3 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the OWNER’S schedule, or the Owner's schedule, except method of bidding or negotiating and contracting for services required under Subsection 2.5.2construction. 3.3.3 3.3.4 Preparing Drawings, Specifications Specifications, and other documentation and supporting data, evaluating Contractor’s proposals, and providing other services in connection with Change Orders and Construction Work Change Directives. 3.3.4 3.3.5 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revision to Drawings, Specifications, and other documentation resulting therefrom. 3.3.6 Providing consultation concerning replacement of work Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such workWork. 3.3.5 3.3.7 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work Work of the Contractor, or by failure of performance of either the Owner OWNER or Contractor under the Contract for Construction. 3.3.6 3.3.8 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the workWork. 3.3.7 3.3.9 Providing services in connection with a public hearing, arbitration proceeding proceeding, or legal proceeding except where the Design Professional ENGINEER is party thereto. 3.3.8 Providing services in addition to those required by Article 2 for preparing 3.3.10 Preparing documents for alternate, separate separate, or sequential bids or providing services in connection with bidding bidding, negotiation, or construction prior to the completion of the Construction Documents Final Design Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9.

CONTINGENT ADDITIONAL SERVICES. 3.3.1 If Contingent Additional Services described below are provided by Architect through no fault or neglect of Architect, prior to providing any such Additional Services, Architect shall notify the District in writing; the District may direct the Architect to not proceed with all or any portion of Contingent Additional Services described in Architect’s written notice. The following constitute Contingent Additional Services: a. Making material significant revisions in to the Drawings, Specifications or other documents when Design Documents where such revisions are: 1. : (i) inconsistent with approvals approval or instructions previously given by the OwnerDistrict, including revisions made necessary by due to significant adjustments in the Owner's program District’s Program, budget or Project budget; 2. construction completion time for the Project; (ii) required by enactment of, or revisions to codes, laws, rules or regulations applicable to the Work of the Project where such enactment or revision of codes, laws or regulations subsequent could not have been reasonably foreseen by Architect; (iii) due to the preparation of such documents, or 3. District’s failure to render decisions in a timely manner; or (iv) due to changes insufficiency in details or lack of clarity, coordination or consistency in the Instruments of Services where the insufficient details or lack of clarity, coordination or consistency are noted by Architect in its review of Instruments of Services under Article 2 hereof. b. Services required or necessary as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, default or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default termination of the Contractor, failure of performance by the District or the Contractor, or major defects or deficiencies in the work Work of the Contractor, or Contractor which were not and could not have been noted by failure of performance of either the Owner or Contractor Architect in its Site observations under the Contract for ConstructionArticle 2.6.2 hereof. 3.3.6 c. Except as provided in Article 2.6.6 above, preparing Drawings, Specifications or other Design Documents, along with supporting data in connection with Changes to the Work. d. Providing services in evaluating connection with the evaluation(s) or request(s) by the Contractor to provide substitute or alternative systems, equipment or materials to those indicated in the Construction Documents and making subsequent revisions to the Construction Documents and other documentation resulting therefrom. e. Providing consultation or other services in connection with repairs, replacements or corrections of the Work damaged or destroyed by fire or other casualty so long as no negligent or willful acts, omissions or other conduct of Architect or its employees, agents or representatives have caused or contributed to such damage or destruction. f. Providing services in connection with evaluation of an extensive and excessive number of claims submitted by the Contractor Contractor, except to the extent that such claims arise out of the services or others in connection with the workother work product provided or performed by or through Architect hereunder. 3.3.7 g. Providing services as an expert witness in connection with a public hearing, arbitration proceeding or other legal proceeding arising out of the Project, except where the Design Professional Architect is a party thereto. 3.3.8 Providing services , is called as a percipient witness (in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional which case Architect shall be performed entitled to witness fees and costs as allowed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional law) or is found liable for the Basic Services. The intervening damages or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9other relief.

CONTINGENT ADDITIONAL SERVICES. 3.3.1 Making A material substitution and/or substantial revisions in Drawingsdrawings, Specifications specifications or other documents when such revisions aredocuments, is defined as: 1. inconsistent A. Inconsistent with approvals or instructions previously given by the Owner, Owner including revisions made necessary by completing adjustments in the Owner's ’s program or Project budget; 2. required B. Required by the enactment or revision of codes, laws laws, or regulations subsequent to the preparation of such documents, ; or 3. due C. Due to changes required as a result of the Owner's ’s failure to render decision decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's ’s schedule, or method of bidding or negotiating and contracting for construction, except for services required under Subsection 2.5.2Paragraph 5.2.5; provided, however, that where said services are made necessary because of the significant increase in the size, quality, or complexity of the Project, which results in a significant increase of construction costs; therefore, the Architect’s fee for Basic Services, which fee is commensurate with the services required of the Architect, this provision shall not apply. 3.3.3 Preparing Drawingsdrawings, Specifications specifications, and other documentation and supporting data, and providing other services in connection with Change Orders change orders and Construction Change Directiveschange directives when the adjustment in the basic compensation resulting from the adjusted construction cost is not commensurate with the services required of the Architect. 3.3.4 Providing modifications to the design and documents as directed by the Owner including, but not limited to, possible educational specifications modifications, and other programming modifications. 3.3.5 Providing consultation concerning replacement of work damaged by fire or other cause during construction, construction and furnishing services required in connection with the replacement of such work. 3.3.5 3.3.6 Providing services made necessary by the default of the Contractor, ▇▇▇▇ by major defects or deficiencies in the work of the Contractor, ▇▇▇▇ or by failure of performance of either the Owner or Contractor the ▇▇▇▇ under the Contract contract for Constructionconstruction. 3.3.6 3.3.7 Providing services in and evaluating an extensive number of claims submitted by the Contractor ▇▇▇▇ or others in connection with the work. 3.3.7 3.3.8 Providing services in and connection with a public hearing, an arbitration proceeding or legal proceeding except where the Design Professional Owner or Architect is a party thereto. 3.3.8 Providing services in addition to those required by Article 2 for preparing 3.3.9 Preparing documents for alternate, separate or sequential bids bids, or providing services in connection with bidding bidding, negotiation, or construction prior to the completion of the Construction Documents Phaseconstruction document phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9.

CONTINGENT ADDITIONAL SERVICES. 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are to the extent caused or necessitated in whole or in part due to by the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9.

CONTINGENT ADDITIONAL SERVICES. 3.3.1 Making A material substitution and/or substantial revisions in Drawingsdrawings, Specifications specifications or other documents when such revisions aredocuments, is defined as: 1. inconsistent A. Inconsistent with approvals or instructions previously given by the Owner, Owner including revisions made necessary by completing adjustments in the Owner's ’s program or Project budget; 2. required B. Required by the enactment or revision of codes, laws laws, or regulations subsequent to the preparation of such documents, ; or 3. due C. Due to changes required as a result of the Owner's ’s failure to render decision decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's ’s schedule, or method of bidding or negotiating and contracting for construction, except for services required under Subsection 2.5.2Paragraph 5.2.5; provided, however, that where said services are made necessary because of the significant increase in the size, quality, or complexity of the Project, which results in a significant increase of construction costs; therefore, the Architect’s fee for Basic Services, which fee is commensurate with the services required of the Architect, this provision shall not apply. 3.3.3 Preparing Drawingsdrawings, Specifications specifications, and other documentation and supporting data, and providing other services in connection with Change Orders change orders and Construction Change Directiveschange directives when the adjustment in the basic compensation resulting from the adjusted construction cost is not commensurate with the services required of the Architect. 3.3.4 Providing modifications to the design and documents as directed by the Owner including, but not limited to, possible educational specifications modifications, and other programming modifications. 3.3.5 Providing consultation concerning replacement of work damaged by fire or other cause during construction, construction and furnishing services required in connection with the replacement of such work. 3.3.5 3.3.6 Providing services made necessary by the default of the Contractor, ▇▇▇▇ by major defects or deficiencies in the work of the Contractor, ▇▇▇▇ or by failure of performance of either the Owner or Contractor the CMAR under the Contract contract for Constructionconstruction. 3.3.6 3.3.7 Providing services in and evaluating an extensive number of claims submitted by the Contractor CMAR or others in connection with the work. 3.3.7 3.3.8 Providing services in and connection with a public hearing, an arbitration proceeding or legal proceeding except where the Design Professional Owner or Architect is a party thereto. 3.3.8 Providing services in addition to those required by Article 2 for preparing 3.3.9 Preparing documents for alternate, separate or sequential bids bids, or providing services in connection with bidding bidding, negotiation, or construction prior to the completion of the Construction Documents Phaseconstruction document phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9.

CONTINGENT ADDITIONAL SERVICES. 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent .1 Inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments any significant changes in the Owner's program or Project budget; 2. required .2 Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, ; or 3. due to changes required .3 Required as a result of the Owner's ’s failure to render decision decisions in a timely manner. 3.3.2 Providing services required because of significant changes in for This Part of the Project including, but not limited to, changes in size, quality, quality and complexity, or the Owner's ’s schedule, except method of bidding or negotiating and contracting for services construction Work, other than those required under Subsection 2.5.2as a result of negligent error or omission by the Consultant. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives, other than those required as a result of a negligent error or omission by the Consultant. 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of work Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such workWork. 3.3.5 3.3.6 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the work Work of the Contractor, Contractor or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Work for This Part of the Project. Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto.proceeding, not included as part of this work. OPTIONAL ADDITIONAL SERVICES 3.3.8 3.4.1 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion analyses of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in Owner’s needs and programming the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission requirements for This Part of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9Project.

CONTINGENT ADDITIONAL SERVICES. 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, except for services required under Subsection 2.5.2Article 2. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party thereto. 3.3.8 Providing services in addition to those required by Article 2 for preparing documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9.the

CONTINGENT ADDITIONAL SERVICES. 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 1. : .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. ; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3. ; or .3 due to changes required as a result of the Owner's failure to render decision decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subsection 2.5.2Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of work Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such workWork. 3.3.5 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the work.3.3.7 See Exhibit "A." 3.3.7 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional Architect is party thereto. 3.3.8 Providing services in addition to those required by Article 2 for preparing 3.3.9 Preparing documents for alternatealternative, separate or sequential bids or providing services in connection with bidding bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9.

CONTINGENT ADDITIONAL SERVICES. 3.3.1 If services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the ENGINEER’S control, the ENGINEER shall notify the OWNER prior to commencing such services. If the OWNER deems that such services described in Section 3.3 are not required, the OWNER shall give prompt written notice to the ENGINEER. If the OWNER indicates in writing that all or part of such Contingent Additional Services are not required, the ENGINEER shall have no obligation to provide those services. 3.3.2 Making material revisions in Drawings, Specifications Specifications, or other documents when such revisions are: 1. 3.3.2.1 inconsistent with approvals or instructions previously given by the OwnerOWNER, including revisions made necessary by adjustments in the Owner's OWNER’S program or Project budget;Budget. 2. 3.3.2.2 required by the enactment or revision of codes, laws laws, or regulations subsequent to the preparation of such documents, or. 3. 3.3.2.3 due to changes required as a result of the Owner's OWNER’S failure to render a decision in a timely manner. 3.3.2 3.3.3 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the OWNER’S schedule, or the Owner's schedule, except method of bidding or negotiating and contracting for services required under Subsection 2.5.2construction. 3.3.3 3.3.4 Preparing Drawings, Specifications Specifications, and other documentation and supporting data, evaluating Contractor’s proposals, and providing other services in connection with Change Orders and Construction Work Change Directives. 3.3.4 3.3.5 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revision to Drawings, Specifications, and other documentation resulting therefrom. 3.3.6 Providing consultation concerning replacement of work Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such workWork. 3.3.5 3.3.7 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the work Work of the Contractor, or by failure of performance of either the Owner OWNER or Contractor under the Contract for Construction. 3.3.6 3.3.8 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the workWork. 3.3.7 Providing 3.3.9 Prolonged construction administration more than sixty (60) days after substantial completion, or acceleration of the work schedule involving services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Design Professional is party theretobeyond normal working hours. 3.3.8 Providing services in addition to those required by Article 2 for preparing 3.3.10 Preparing documents for alternate, separate separate, or sequential bids or providing services in connection with bidding bidding, negotiation, or construction prior to the completion of the Construction Documents Final Design Phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9.

CONTINGENT ADDITIONAL SERVICES. 3.3.1 Making A material substitution and/or substantial revisions in Drawingsdrawings, Specifications specifications or other documents when such revisions aredocuments, is defined as: 1. inconsistent A. Inconsistent with approvals or instructions previously given by the Owner, Owner including revisions made necessary by completing adjustments in the Owner's ’s program or Project budget; 2. required B. Required by the enactment or revision of codes, laws laws, or regulations subsequent to the preparation of such documents, ; or 3. due C. Due to changes required as a result of the Owner's ’s failure to render decision decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, or the Owner's ’s schedule, or method of bidding or negotiating and contracting for construction, except for services required under Subsection 2.5.2Paragraph 5.2.5; provided, however, that where said services are made necessary because of the significant increase in the size, quality, or complexity of the Project, which results in a significant increase of construction costs; therefore, the Architect’s fee for Basic Services, which fee is commensurate with the services required of the Architect, this provision shall not apply. 3.3.3 Preparing Drawingsdrawings, Specifications specifications, and other documentation and supporting data, and providing other services in connection with Change Orders change orders and Construction Change Directiveschange directives when the adjustment in the basic compensation resulting from the adjusted construction cost is not commensurate with the services required of the Architect. 3.3.4 Providing modifications to the design and documents as directed by the Owner including, but not limited to, possible educational specifications modifications, and other programming modifications. 3.3.5 Providing consultation concerning replacement of work damaged by fire or other cause during construction, construction and furnishing services required in connection with the replacement of such work. 3.3.5 3.3.6 Providing services made necessary by the default of the Contractor, Contractor by major defects or deficiencies in the work of the Contractor, Contractor or by failure of performance of either the Owner or the Contractor under the Contract contract for Constructionconstruction. 3.3.6 3.3.7 Providing services in and evaluating an extensive number of claims submitted by the Contractor or others in connection with the work. 3.3.7 3.3.8 Providing services in and connection with a public hearing, an arbitration proceeding or legal proceeding except where the Design Professional Owner or Architect is a party thereto. 3.3.8 Providing services in addition to those required by Article 2 for preparing 3.3.9 Preparing documents for alternate, separate or sequential bids bids, or providing services in connection with bidding bidding, negotiation, or construction prior to the completion of the Construction Documents Phaseconstruction document phase. 3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General Conditions to the contrary, all services described in this Article 3 that are caused or necessitated in whole or in part due to the negligent act or omission of the Design Professional shall be performed by the Design Professional as a part of the Basic Services under the Agreement with no additional compensation above and beyond the compensation due the Design Professional for the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the Design Professional’s obligations under this Subsection 3.3.9.