Common use of 105 ATTENDANCE AT AND MINUTES OF CONFERENCES AND MEETINGS DURING DESIGN Clause in Contracts

105 ATTENDANCE AT AND MINUTES OF CONFERENCES AND MEETINGS DURING DESIGN. The Professional shall attend all meetings during design stages which are required by the Department as part of Basic Services. The Professional, or its authorized representative, and the Professional’s Consultants when appropriate, shall attend all meetings and conferences that are reasonably required by the Department. The Professional shall submit to the Department detailed minutes of all meetings and conferences within one (1) week after each such conference or meeting. The Professional must have in attendance at the meeting all individuals from the Professional or any of Professional’s Consultants who are deemed necessary by the Department to properly address the agenda. Professional attendance at meetings is indicated in Paragraph 18 (Attendance at Meetings) of the Agreement. Meetings at the same location on a given date, regardless of the number of attendees or meetings constitute one meeting for the purposes of the Attendance at Meetings paragraph in the Agreement. See Article 2.9.102 for meetings during the Construction Contract Administration. 2.1.106 CONTRACTOR CLAIM REVIEW AND ATTENDANCE AND TESTIMONY AS WITNESS. A. Field Dispute Review Meetings: Neither the Professional nor any of Professional’s Consultants will be compensated for preparing for or participating in the three mandatory field dispute review meetings (at 50%, 75% and 100% as described in the Construction Contract General Conditions) at the project site. These meetings are deemed to be Basic Services. B. In-House DGS Claim Settlement Conferences: The Professional shall attend all In-House Claim Settlement Conferences scheduled by the Department. The Professional shall provide up to 12 man-hours (including preparation, travel and meeting time) as Basic Services. Compensation for any hours beyond the 12 man-hours will be negotiated as an Additional Service. C. If any construction contractor pursues a claim or other dispute against the Department or another construction contractor at the Board of Claims or any other formal hearing or court proceeding (i.e., not In-House) not involving the Professional’s failure to design or administer construction in accordance with this Professional Agreement then, if requested by the Department, the Professional and/or the appropriate Professional’s Consultant, and/or their qualified and authorized representative(s) shall assist with preparation for such formal hearings and/or Board of Claims or other court proceedings and shall prepare testimony and shall testify, both as to facts and as to expert opinion, in all such proceedings on behalf of the Department as an Additional Service with compensation negotiated with the Department prior to the assistance being rendered. D. If any construction contractor pursues a claim or other dispute against the Department or another construction contractor at the Board of Claims or any other formal hearing or court proceeding that concerns or alleges the Professional failed to design or administer construction in accordance with this Professional Agreement, then Professional and/or the appropriate Professional’s Consultant, and/or their qualified and authorized representative(s) shall attend all formal hearings and/or Board of Claims or other court proceedings as part of Basic Services without any initial additional charge to the Department, subject to Paragraph 2.1.106.E. E. The Professional will only be compensated for travel, preparation and meeting time and for providing testimony at any formal hearings and/or Board of Claims or other court proceedings if the entity having jurisdiction over the claim does not render a final decision that such dispute occurred because of an error or omission made by the Professional. F. If the construction contractor’s case involved both types of claims (Professional failed to design and/or administer construction AND claim not involving Professional) then, upon a final determination that determines the Professional failed in some manner, compensation for Additional Services may be calculated in a pro rata method to compensate for the portion of the Additional Services related to awarded damages not relating to or arising out of the Professional’s failure.

105 ATTENDANCE AT AND MINUTES OF CONFERENCES AND MEETINGS DURING DESIGN. The Professional shall attend all meetings during design stages which are required by the Department as part of Basic Services. The Professional, or its authorized representative, and the Professional’s Consultants when appropriate, shall attend all meetings and conferences that are reasonably required by the Department. The Professional shall submit to the Department detailed minutes of all meetings and conferences within one (1) week after each such conference or meeting. The Professional must have in attendance at the meeting all individuals from the Professional or any of Professional’s Consultants who are deemed necessary by the Department to properly address the agenda. Professional attendance at meetings is indicated in Paragraph 18 19 (Attendance at Meetings) of the Agreement. Meetings at the same location on a given date, regardless of the number of attendees or meetings constitute one meeting for the purposes of the Attendance at Meetings paragraph in the Agreement. See Article 2.9.102 for meetings during the Construction Contract Administration. 2.1.106 CONTRACTOR CLAIM REVIEW AND ATTENDANCE AND TESTIMONY AS WITNESS. A. Field Dispute Review Meetings: Neither the Professional nor any of Professional’s Consultants will be compensated for preparing for or participating in the three four mandatory field dispute review meetings (at 25%, 50%, 75% and 100% as described in the Construction Contract General Conditions) at the project site. These meetings are deemed to be Basic Services. B. In-House DGS Claim Settlement Conferences: The Professional shall attend all In-House Claim Settlement Conferences scheduled by the Department. The Professional shall provide up to 12 24 man-hours (including preparation, travel and meeting time) as Basic Services. Compensation for any hours beyond the 12 24 man-hours will be negotiated as an Additional Service. C. If any construction contractor pursues a claim or other dispute against the Department or another construction contractor at the Board of Claims or any other formal hearing or court proceeding (i.e., not In-House) not involving the Professional’s failure to design or administer construction in accordance with this Professional Agreement then, if requested by the Department, the Professional and/or the appropriate Professional’s Consultant, and/or their qualified and authorized representative(s) shall assist with preparation for such formal hearings and/or Board of Claims or other court proceedings and shall prepare testimony and shall testify, both as to facts and as to expert opinion, in all such proceedings on behalf of the Department as an Additional Service with compensation negotiated with the Department prior to the assistance being rendered. D. If any construction contractor pursues a claim or other dispute against the Department or another construction contractor at the Board of Claims or any other formal hearing or court proceeding that concerns or alleges the Professional failed to design or administer construction in accordance with this Professional Agreement, then Professional and/or the appropriate Professional’s Consultant, and/or their qualified and authorized representative(s) shall attend all formal hearings and/or Board of Claims or other court proceedings as part of Basic Services without any initial additional charge to the Department, subject to Paragraph 2.1.106.E. E. The Professional will only be compensated for travel, preparation and meeting time and for providing testimony at any formal hearings and/or Board of Claims or other court proceedings if the entity having jurisdiction over the claim does not render a final decision that such dispute occurred because of an error or omission made by the Professional. F. If the construction contractor’s case involved both types of claims (Professional failed to design and/or administer construction AND claim not involving Professional) then, upon a final determination that determines the Professional failed in some manner, compensation for Additional Services may be calculated in a pro rata method to compensate for the portion of the Additional Services related to awarded damages not relating to or arising out of the Professional’s failure.