Common use of Extra Compensation Clause in Contracts

Extra Compensation. 1. Final models, photographs and other architectural renderings, as contrasted to study or preliminary models, photographs or other architectural renderings, will be paid for either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost plus a sum equal to 150 percent thereof; the manner of payment to be determined by the University prior to the completion of performance of such services. 2. The furnishing of a Site Representative at the frequency and duration directed by the University. Payment for this service shall be on the basis of the Consultant’s direct labor costs plus 35 percent, inclusive of all benefits and overhead. The individual and the hourly rate shall be approved by the University. 3. Special technical, engineering and/or consultation services will be paid for either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost plus a sum equal to 150 percent thereof; the manner of payment to be determined by the University prior to the completion of performance of such services. 4. Testing laboratory services, topographic, utility, traffic volume, air/water quality and property surveys, test borings, construction progress photos, and, in case of the rehabilitation of an existing building, determining the location, measurement and other essential data of existing architectural, structural, mechanical, electrical and utility features, the details of which, in the judgment of the University, are grossly deficient from a review of existing information and drawings and/or a physical inspection, shall be paid for either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost plus a sum equal to 150 percent services. 5. Except for changes and/or revisions prepared by the Consultant pursuant to Section B (4) c of Article I hereof, all changes and/or revisions to drawings or specifications, resulting from a significant program change of the University prior to the award of a construction contract shall be paid for either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost plus a sum equal to 150 percent thereof; the manner of payment to be determined by the University prior to the completion of performance of such services. Notwithstanding any of the other provisions hereof, whenever any program change results in an increase or decrease in the estimated cost of the Project, the Consultant’s Basic Design Fee for services rendered prior to said change shall be based on the last approved Program Budget and the Consultant’s Basic Design Fee for all services rendered after such change shall be based on the approved Revised Program Budget for the phase submission after the change was made. 6. All services rendered by the Consultant in connection with any work item, included in a change order to a construction contract, which results from either: (a) a program change of the University, or (b) conditions which, in the judgment of the University, could not have been reasonably anticipated or foreseen by the Consultant at the time bids for construction of the Project were received, will be paid for by the University on the basis of the approved value of said item multiplied by 5 percent. All services rendered by the Consultant in connection with all other extra work items and all deleted work items, included in a change order to a construction contract, shall be deemed to be covered by the Total Fee. 7. Notwithstanding any of the other provisions of this Section, the University will reimburse the Consultant for such field office expenses, other than salaries and fringe benefits, required or approved in writing by the University which, as a result of the nature of the Project, are, in the judgment of the University, substantially in excess of those field office expenses normally incurred by a Consultant in furnishing field administration of a construction contract and inspection of construction work. 8. Additive and deductive alternates, in which changes in design are involved, as contrasted to a material or equipment substitution or addition which, in the judgment of the University, does not involve design changes, will be paid for either on the basis of the Consultant’s direct labor cost plus a sum equal to 150 percent thereof or on the basis of the amount the Construction Documents Payment would have been increased had the value of such alternates been added to the amount of the approved Pre-Bid Cost Estimate; the manner of payment to be determined by the University within sixty (60) days after the award of the construction contract. For the purposes of the preceding sentence, deductive alternates shall be added to, rather than subtracted from, the Pre-Bid Cost Estimate and the value of all alternates shall be deemed to be an amount equal to the bid quoted for the alternates by the lowest bidder or, in the event that the lowest bidder does not submit a bid for such alternates, an average of all bids submitted therefor. Notwithstanding the foregoing, unless otherwise agreed to in writing by the University, the Consultant shall not be entitled to reimbursement of costs or any additional compensation in connection with any alternates for any construction contract or part thereof which is being rebid because all bids previously received by the University were in excess of the amount of the Program Budget of the University therefor and were rejected by the University. Notwithstanding the foregoing, all services rendered by the Consultant in connection with alternates that involve a material or equipment substitution, addition or deletion which, in the judgment of the University, does not involve design changes, and all services rendered by the Consultant in connection with any additive or deductive alternates prior to the Construction Document Phase shall be deemed covered by the Total Fee unless otherwise agreed to in writing by the University. 9. In the event the Consultant is caused to furnish services, not provided for herein and not previously performed, as a result of the University declaring a contractor in default, damage to the Project by fire or other casualty, or a delay, through no fault or omission of the Consultant, in completion of construction of more than one (1) year after the specified completion date in a construction contract, the University shall pay the Consultant for such services, but, in the case of delayed construction completion, for only those services performed after said one (1) year period, on the basis of the Consultant’s direct labor cost plus a sum equal to 150 percent thereof; provided, however, that the Consultant shall not be entitled to extra compensation for monitoring and inspecting either punch list, work or guarantee work items except monitoring and inspection service performed by the Consultant after the expiration of eighteen (18) months from the commencement of the one (1) year general guarantee period. 10. Notwithstanding the foregoing, the Consultant shall not be entitled to extra compensation under any of the preceding subdivisions of this Section unless the services to be provided by the Consultant hereunder have been requested and approved in writing by the University.

Extra Compensation. Except when contemplated or required as part of the Consultant’s responsibility under this Agreement: (1. ) Final models, photographs and other architectural renderings, as contrasted to study or preliminary models, photographs or other architectural renderings, will be paid for by the Fund either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost 's Direct Labor Cost plus a sum equal to 150 percent thereof, or as identified in Schedule “B”, plus reimbursable expenses incurred in connection with preparing the same; the manner of payment to be determined by the University Fund prior to the completion of performance of such services. (2. The furnishing of a Site Representative at the frequency ) As-built drawings and duration directed by the University. Payment for this service shall be on the basis of the Consultant’s direct labor costs plus 35 percent, inclusive of all benefits Operational and overhead. The individual and the hourly rate shall be approved by the University. 3. Special technical, engineering and/or consultation services Maintenance Manuals will be paid for by the Fund either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost 's Direct Labor Cost plus a sum equal to 150 percent thereof, or as identified in Schedule “B”, plus reimbursable expenses incurred in connection with preparing the same; the manner of payment to be determined by the University Fund prior to the completion of performance of such services. (3) Special technical, engineering and/or consultation services will be paid for by the Fund either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant's Direct Labor Cost plus a sum equal to 150 percent thereof, or as identified in Schedule “B”, plus reimbursable expenses incurred in connection with performing the same; the manner of payment to be determined by the Fund prior to the completion of performance of such services. (4. ) Testing laboratory services, topographic, utility, traffic volume, air/water quality and property surveys, test borings, construction progress photos, and, in case of the rehabilitation of an existing building, determining the location, measurement and other essential data of existing architectural, structural, mechanical, electrical and utility features, the details of which, in the judgment of the UniversityFund, are grossly deficient from a review of existing information and drawings and/or a physical inspection, shall be paid for by the Fund either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost 's Direct Labor Cost plus a sum equal to 150 percent thereof, or as identified in Schedule “B”, plus reimbursable expenses incurred in connection with preparing the same; the manner of payment to be determined by the Fund prior to the completion of performance of such services. (5. ) Except for changes and/or revisions prepared by the Consultant pursuant in order to Section B (4) c of Article I hereofconform to the Project Budget, all changes and/or revisions to drawings or specifications, resulting from a significant program change of the State University or the Fund prior to the award of a construction contract shall be paid for by the Fund either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost 's Direct Labor Cost plus a sum equal to 150 percent thereof, or as identified in Schedule “B”, plus reimbursable expenses incurred in connection with preparing the same; the manner of payment to be determined by the University Fund prior to the completion of performance of such services. Notwithstanding any of the other provisions hereofof this paragraph, whenever any program change results in an increase or decrease in the estimated cost of the Project, the Consultant’s Basic Design Fee for services rendered prior to said change shall be based on the last approved Program Budget Cost Estimate and the Consultant’s 's Basic Design Fee for all services rendered after such change shall be based on the approved Revised Program Budget Cost Estimate for the phase submission after the change was made. (6. ) All services rendered by the Consultant in connection with any extra work item, included in a change order or field order to a construction contract, which results from either: : (a) a program change of the UniversityState University of New York or the Fund, or (b) conditions which, in the judgment of the UniversityFund, could not have been reasonably anticipated or foreseen by the Consultant at the time bids for construction of the Project were received, will be paid for by the University Fund on the basis of the approved value of said item multiplied by 5 percent. All services rendered by the Consultant in connection with all other extra work items and all deleted work items, included in a change order or field order to a construction contract, shall be deemed to be covered by the Total Fee. (7. ) Notwithstanding any of the other provisions of this Section, all services, including those for which the University Consultant would be entitled to extra compensation under any of the other subdivisions of this Section, rendered by a Site Representative or his or her assistants will be paid for by the Fund on the basis of the Consultant’s Direct Labor Cost of furnishing such personnel plus 85%. In addition, the Fund will reimburse the Consultant for such field office expenses, expenses (other than salaries and fringe benefits), required or approved in writing by the University Fund which, as a result of the nature of the Project, are, in the judgment of the UniversityFund, substantially in excess of those field office expenses normally incurred by a Consultant in furnishing field administration of a construction contract and inspection of construction work. 8. (8) Additive and deductive alternates, in which changes in design are involved, as contrasted to a material or equipment substitution or addition which, in the judgment of the UniversityFund, does not involve design changes, will be paid for by the Fund either on the basis of the Consultant’s direct labor cost 's Direct Labor Cost plus a sum equal to 150 percent thereof thereof, or as identified in Schedule “B”, plus reimbursable expenses incurred in connection with preparing the same, or on the basis of the amount the Construction Documents Payment would have been increased had the value of such alternates been added to the amount of the approved Pre-Bid Final Cost Estimate; the manner of payment to be determined by the University Fund within sixty (60) days after the award of the construction construc- tion contract. For the purposes of the preceding sentence, deductive alternates shall be added to, rather than subtracted from, the Pre-Bid Final Cost Estimate and the value of all alternates shall be deemed to be an amount equal to the bid quoted for the alternates by the lowest bidder or, in the event that the lowest bidder does not submit a bid for such alternates, an average of all bids submitted therefor. Notwithstanding the foregoing, unless otherwise agreed to in writing by the UniversityFund, the Consultant shall not be entitled to reimbursement of costs or any additional compensation in connection with any alternates for any construction contract or part thereof which is being rebid because all bids previously received by the University Fund were in excess of the amount of the Program Budget of the University Fund therefor and were rejected by the UniversityFund. Notwithstanding the foregoing, all services rendered by the Consultant in connection with alternates that involve a material or equipment substitution, addition or deletion which, in the judgment of the UniversityFund, does do not involve design changes, and all services rendered by the Consultant in connection with any additive or deductive alternates prior to the Construction Document Phase shall be deemed covered by the Total Fee unless otherwise agreed to in writing by the UniversityFund. (9. ) In the event the Consultant is caused to furnish services, not provided for herein and not previously performed, as a result of the University Fund declaring a contractor in default, damage to the Project by fire or other casualty, or a delay, through no fault or omission of the Consultant, in completion of construction of more than one (1) year after the specified completion date in a construction contract, the University Fund shall pay the Consultant for such services, but, in the case of delayed construction completion, for only those services performed after said one one (1) year period, on the basis of the Consultant’s direct labor cost Direct Labor Cost plus a sum equal to 150 percent thereof, or as identified in Schedule “B”, plus reimbursable expenses incurred in connection with furnishing such services; provided, however, that the Consultant shall not be entitled to extra compensation for monitoring and inspecting either punch list, list work or guarantee work items except for monitoring and inspection service services performed by the Consultant after the expiration of eighteen (18) months from the commencement of the one one (1) year general guarantee period. (10. ) Notwithstanding the foregoing, the Consultant shall not be entitled to extra compensation under any of the preceding subdivisions of this Section unless the services to be provided by the Consultant hereunder have been requested and approved in writing by the UniversityFund. Fund written approval is a condition precedent to payment as set forth in the Fund’s Extra Compensation Program Directive.

Extra Compensation. Except when contemplated or required as part of the Consultant’s responsibility under this Agreement: (1. ) Final models, photographs and other architectural renderings, as contrasted to study or preliminary models, photographs or other architectural renderings, will be paid for by the Fund either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost 's Direct Labor Cost plus a sum equal to 150 percent thereofidentified in paragraph 11 in this Section, plus reimbursable expenses incurred in connection with preparing the same; the manner of payment to be determined by the University prior to the completion of performance of such servicesFund in accordance with paragraph 10 in this Section. (2. The furnishing of a Site Representative at the frequency ) As-built drawings and duration directed by the University. Payment for this service shall be on the basis of the Consultant’s direct labor costs plus 35 percent, inclusive of all benefits Operational and overhead. The individual and the hourly rate shall be approved by the University. 3. Special technical, engineering and/or consultation services Maintenance Manuals will be paid for by the Fund either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost 's Direct Labor Cost plus a sum equal to 150 percent thereofidentified in paragraph 11 in this Section, plus reimbursable expenses incurred in connection with preparing the same; the manner of payment to be determined by the University prior to the completion of performance of such servicesFund in accordance with paragraph 10 in this Section. (3) Special technical, engineering and/or consultation services will be paid for by the Fund either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant's Direct Labor Cost plus a sum identified in paragraph 11 in this Section, plus reimbursable expenses incurred in connection with performing the same; the manner of payment to be determined by the Fund in accordance with paragraph 10 in this Section. (4. ) Testing laboratory services, topographic, utility, traffic volume, air/water quality and property surveys, test borings, construction progress photos, and, in case of the rehabilitation of an existing building, determining the location, measurement and other essential data of existing architectural, structural, mechanical, electrical and utility features, the details of which, in the judgment of the UniversityFund, are grossly deficient from a review of existing information and drawings and/or a physical inspection, shall be paid for by the Fund either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost 's Direct Labor Cost plus a sum equal identified in paragraph 11 in this Section, plus reimbursable expenses incurred in connection with preparing the same; the manner of payment to 150 percent servicesbe determined by the Fund in accordance with paragraph 10 in this Section. (5. ) Except for changes and/or revisions prepared by the Consultant pursuant in order to Section B (4) c of Article I hereofconform to the project budget, all changes and/or revisions to drawings or specifications, resulting from a significant program change of the State University or the Fund prior to the award of a construction contract shall be paid for by the Fund either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost 's Direct Labor Cost plus a sum equal to 150 percent thereofidentified in paragraph 11 in this Section, plus reimbursable expenses incurred in connection with preparing the same; the manner of payment to be determined by the University prior to the completion of performance of such servicesFund in accordance with paragraph 10 in this Section. Notwithstanding any of the other provisions hereofof this paragraph, whenever any program change results in an increase or decrease in the estimated cost of the Project, the Consultant’s Basic Design Fee for services rendered prior to said change shall be based on the last approved Program Budget Cost Estimate and the Consultant’s 's Basic Design Fee for all services rendered after such change shall be based on the approved Revised Program Budget Cost Estimate for the phase submission after the change was made. (6. ) All services rendered by the Consultant in connection with any extra work item, included in a change order or field order to a construction contract, which results from either: (a) a program change of the UniversityState University of New York or the Fund, or (b) conditions which, in the judgment of the UniversityFund, could not have been reasonably anticipated or foreseen by the Consultant at the time bids for construction of the Project were received, will be paid for by the University Fund on the basis of the approved value of said item multiplied by 5 percent. All services rendered by the Consultant in connection with all other extra work items and all deleted work items, included in a change order or field order to a construction contract, shall be deemed to be covered by the Total Fee. (7. ) Notwithstanding any of the other provisions of this Section, all services, including those for which the University Consultant would be entitled to extra compensation under any of the other subdivisions of this Section, rendered by a Site Representative or his or her assistants will be paid for by the Fund on the basis of the Consultant’s Direct Labor Cost of furnishing such personnel plus 85%. In addition, the Fund will reimburse the Consultant for such field office expenses, expenses (other than salaries and fringe benefits), required or approved in writing by the University Fund which, as a result of the nature of the Project, are, in the judgment of the UniversityFund, substantially in excess of those field office expenses normally incurred by a Consultant in furnishing field administration of a construction contract and inspection of construction work. 8. (8) Additive and deductive alternates, in which changes in design are involved, as contrasted to a material or equipment substitution or addition which, in the judgment of the UniversityFund, does not involve design changes, will be paid for by the Fund either on the basis of the Consultant’s direct labor cost 's Direct Labor Cost plus a sum equal to 150 percent thereof identified in paragraph 11 in this Section, plus reimbursable expenses incurred in connection with preparing the same, or on the basis of the amount the Construction Documents Payment would have been increased had the value of such alternates been added to the amount of the approved Pre-Bid Final Cost Estimate; the manner of payment to be determined by the University Fund within sixty (60) days after the award of the construction contract. For the purposes of the preceding sentence, deductive alternates shall be added to, rather than subtracted from, the Pre-Bid Final Cost Estimate and the value of all alternates shall be deemed to be an amount equal to the bid quoted for the alternates by the lowest bidder or, in the event that the lowest bidder does not submit a bid for such alternates, an average of all bids submitted therefor. Notwithstanding the foregoing, unless otherwise agreed to in writing by the UniversityFund, the Consultant shall not be entitled to reimbursement of costs or any additional compensation in connection with any alternates for any construction contract or part thereof which is being rebid because all bids previously received by the University Fund were in excess of the amount of the Program Budget of the University Fund therefor and were rejected by the UniversityFund. Notwithstanding the foregoing, all services rendered by the Consultant in connection with alternates that involve a material or equipment substitution, addition or deletion which, in the judgment of the UniversityFund, does do not involve design changes, and all services rendered by the Consultant in connection with any additive or deductive alternates prior to the Construction Document Phase shall be deemed covered by the Total Fee unless otherwise agreed to in writing by the UniversityFund. (9. ) In the event the Consultant is caused to furnish services, not provided for herein and not previously performed, as a result of the University Fund declaring a contractor in default, damage to the Project by fire or other casualty, or a delay, through no fault or omission of the Consultant, in completion of construction of more than one (1) year after the specified completion date in a construction contract, the University Fund shall pay the Consultant for such services, but, in the case of delayed construction completion, for only those services performed after said one one (1) year period, on the basis of the Consultant’s direct labor cost Direct Labor Cost plus a sum equal to 150 percent thereofidentified in paragraph 11 in this Section, plus reimbursable expenses incurred in connection with furnishing such services; provided, however, that the Consultant shall not be entitled to extra compensation for monitoring and inspecting either punch list, list work or guarantee work items except for monitoring and inspection service services performed by the Consultant after the expiration of eighteen (18) months from the commencement of the one (1) year general guarantee period. (10. ) Notwithstanding the foregoingforegoing and in accordance with time frames set forth in the Agreement, the Consultant shall not be entitled to extra compensation under any of the preceding subdivisions of this Section unless the services to be provided by the Consultant hereunder have been requested and approved in writing by the UniversityFund in advance of the performance of the services as follows: a. Any request for extra compensation authorized by this Section shall be submitted in a diligent and timely manner by the Consultant to the Fund for its approval using the Electronic Payment system described in Section I of this Article. b. When submitting a request for approval of extra compensation, the Consultant shall allow adequate time for the Fund’s review and approval of the request. c. Notwithstanding the foregoing, if approval of a request for extra compensation is delayed and performance of the services has begun, and if the Fund determines, in its sole discretion, that the factors causing the delay could not have been reasonably anticipated by the Consultant, then approval of a delayed request shall not be withheld by the Fund solely on the basis of the delay in requesting and approving said request. d. Any request from the Consultant for extra compensation may be rejected or modified by the Fund if the Fund determines, in its sole discretion, that the request does not provide fair and reasonable costs for the services or that the requested services are already contemplated or required as part of the Consultant’s responsibility under this Agreement. (11) When payments are made on the basis of the Consultant’s Direct Labor Cost, payments will be made in an amount equal to the Direct Labor Cost of the Consultant plus a sum equal to that Direct Labor Cost times TBD percent.

Extra Compensation. Except when contemplated or required as part of the Consultant’s responsibility under this agreement: (1. ) Final models, photographs and other architectural renderings, as contrasted to study or preliminary models, photographs or other architectural renderings, will be paid for by the Fund either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost 's Direct Labor Cost plus a sum equal to 150 percent thereof, or as identified in Schedule B, plus reimbursable expenses incurred in connection with preparing the same; the manner of payment to be determined by the University Fund prior to the completion of performance of such services. (2. The furnishing of a Site Representative at the frequency ) As-built drawings and duration directed by the University. Payment for this service shall be on the basis of the Consultant’s direct labor costs plus 35 percent, inclusive of all benefits Operational and overhead. The individual and the hourly rate shall be approved by the University. 3. Special technical, engineering and/or consultation services Maintenance Manuals will be paid for by the Fund either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost 's Direct Labor Cost plus a sum equal to 150 percent thereof, or as identified in Schedule B, plus reimbursable expenses incurred in connection with preparing the same; the manner of payment to be determined by the University Fund prior to the completion of performance of such services. (3) Special technical, engineering and/or consultation services will be paid for by the Fund either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant's Direct Labor Cost plus a sum equal to 150 percent thereof, or as identified in Schedule B, plus reimbursable expenses incurred in connection with performing the same; the manner of payment to be determined by the Fund prior to the completion of performance of such services. (4. ) Testing laboratory services, topographic, utility, traffic volume, air/water quality and property surveys, test borings, construction progress photos, and, in case of the rehabilitation of an existing building, determining the location, measurement and other essential data of existing architectural, structural, mechanical, electrical and utility features, the details of which, in the judgment of the UniversityFund, are grossly deficient from a review of existing information and drawings and/or a physical inspection, shall be paid for by the Fund either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost 's Direct Labor Cost plus a sum equal to 150 percent thereof, or as identified in Schedule B, plus reimbursable expenses incurred in connection with preparing the same; the manner of payment to be determined by the Fund prior to the completion of performance of such services. (5. ) Except for changes and/or revisions prepared by the Consultant pursuant in order to Section B (4) c of Article I hereofconform to the project budget, all changes and/or revisions to drawings or specifications, resulting from a significant program change of the State University or the Fund prior to the award of a construction contract shall be paid for by the Fund either on a lump-sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost 's Direct Labor Cost plus a sum equal to 150 percent thereof, or as identified in Schedule B, plus reimbursable expenses incurred in connection with preparing the same; the manner of payment to be determined by the University Fund prior to the completion of performance of such services. Notwithstanding any of the other provisions hereofof this paragraph, whenever any program change results in an increase or decrease in the estimated cost of the Project, the Consultant’s Basic Design Fee for services rendered prior to said change shall be based on the last approved Program Budget Cost Estimate and the Consultant’s 's Basic Design Fee for all services rendered after such change shall be based on the approved Revised Program Budget Cost Estimate for the phase submission after the change was made. 6. All services rendered by the Consultant in connection with any extra work item, included in a change order or field order to a construction contract, which results from either: (a) a program change of the UniversityState University of New York or the Fund, or (b) conditions which, in the judgment of the UniversityFund, could not have been reasonably anticipated or foreseen by the Consultant at the time bids for construction of the Project were received, will be paid for by the University Fund on the basis of the approved value of said item multiplied by 5 percent. All services rendered by the Consultant in connection with all other extra work items and all deleted work items, included in a change order or field order to a construction contract, shall be deemed to be covered by the Total Fee. 7. Notwithstanding any of the other provisions of this Section, the University will reimburse the Consultant for such field office expenses, other than salaries and fringe benefits, required or approved in writing by the University which, as a result of the nature of the Project, are, in the judgment of the University, substantially in excess of those field office expenses normally incurred by a Consultant in furnishing field administration of a construction contract and inspection of construction work. 8. Additive and deductive alternates, in which changes in design are involved, as contrasted to a material or equipment substitution or addition which, in the judgment of the University, does not involve design changes, will be paid for either on the basis of the Consultant’s direct labor cost plus a sum equal to 150 percent thereof or on the basis of the amount the Construction Documents Payment would have been increased had the value of such alternates been added to the amount of the approved Pre-Bid Cost Estimate; the manner of payment to be determined by the University within sixty (60) days after the award of the construction contract. For the purposes of the preceding sentence, deductive alternates shall be added to, rather than subtracted from, the Pre-Bid Cost Estimate and the value of all alternates shall be deemed to be an amount equal to the bid quoted for the alternates by the lowest bidder or, in the event that the lowest bidder does not submit a bid for such alternates, an average of all bids submitted therefor. Notwithstanding the foregoing, unless otherwise agreed to in writing by the University, the Consultant shall not be entitled to reimbursement of costs or any additional compensation in connection with any alternates for any construction contract or part thereof which is being rebid because all bids previously received by the University were in excess of the amount of the Program Budget of the University therefor and were rejected by the University. Notwithstanding the foregoing, all services rendered by the Consultant in connection with alternates that involve a material or equipment substitution, addition or deletion which, in the judgment of the University, does not involve design changes, and all services rendered by the Consultant in connection with any additive or deductive alternates prior to the Construction Document Phase shall be deemed covered by the Total Fee unless otherwise agreed to in writing by the University. 9. In the event the Consultant is caused to furnish services, not provided for herein and not previously performed, as a result of the University declaring a contractor in default, damage to the Project by fire or other casualty, or a delay, through no fault or omission of the Consultant, in completion of construction of more than one (1) year after the specified completion date in a construction contract, the University shall pay the Consultant for such services, but, in the case of delayed construction completion, for only those services performed after said one (1) year period, on the basis of the Consultant’s direct labor cost plus a sum equal to 150 percent thereof; provided, however, that the Consultant shall not be entitled to extra compensation for monitoring and inspecting either punch list, work or guarantee work items except monitoring and inspection service performed by the Consultant after the expiration of eighteen (18) months from the commencement of the one (1) year general guarantee period. 10. Notwithstanding the foregoing, the Consultant shall not be entitled to extra compensation under any of the preceding subdivisions of this Section unless the services to be provided by the Consultant hereunder have been requested and approved in writing by the University.

Extra Compensation. 1. Final models, photographs and other architectural renderings, as contrasted to study or preliminary models, photographs or other architectural renderings, will be paid for either on a lump-sum lump‑sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost plus a sum equal to 150 percent thereof; the manner of payment to be determined by the University prior to the completion of performance of such services. 2. The furnishing of a Site Representative at the frequency and duration directed by the University. Payment for this service shall be on the basis of the Consultant’s direct labor costs plus 35 percent, inclusive of all benefits and overhead. The individual and the hourly rate shall be approved by the University. 3. Special technical, engineering and/or consultation services will be paid for either on a lump-sum lump‑sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost plus a sum equal to 150 percent thereof; the manner of payment to be determined by the University prior to the completion of performance of such services. 4. Testing laboratory services, topographic, utility, traffic volume, air/water quality and property surveys, test borings, construction progress photos, and, in case of the rehabilitation of an existing building, determining the location, measurement and other essential data of existing architectural, structural, mechanical, electrical and utility features, the details of which, in the judgment of the University, are grossly deficient from a review of existing information and drawings and/or a physical inspection, shall be paid for either on a lump-sum lump‑sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost plus a sum equal to 150 percent services. 5. Except for changes and/or revisions prepared by the Consultant pursuant to Section B (4) c of Article I hereof, all changes and/or revisions to drawings or specifications, resulting from a significant program change of the University prior to the award of a construction contract shall be paid for either on a lump-sum lump‑sum basis agreed to in writing by the parties hereto or on the basis of the Consultant’s direct labor cost plus a sum equal to 150 percent thereof; the manner of payment to be determined by the University prior to the completion of performance of such services. Notwithstanding any of the other provisions hereof, whenever any program change results in an increase or decrease in the estimated cost of the Project, the Consultant’s Basic Design Fee for services rendered prior to said change shall be based on the last approved Program Budget and the Consultant’s Basic Design Fee for all services rendered after such change shall be based on the approved Revised Program Budget for the phase submission after the change was made. 6. All services rendered by the Consultant in connection with any work item, included in a change order to a construction contract, which results from either: (a) a program change of the University, or (b) conditions which, in the judgment of the University, could not have been reasonably anticipated or foreseen by the Consultant at the time bids for construction of the Project were received, will be paid for by the University on the basis of the approved value of said item multiplied by 5 percent. All services rendered by the Consultant in connection with all other extra work items and all deleted work items, included in a change order to a construction contract, shall be deemed to be covered by the Total Fee. 7. Notwithstanding any of the other provisions of this Section, the University will reimburse the Consultant for such field office expenses, other than salaries and fringe benefits, required or approved in writing by the University which, as a result of the nature of the Project, are, in the judgment of the University, substantially in excess of those field office expenses normally incurred by a Consultant in furnishing field administration of a construction contract and inspection of construction work. 8. Additive and deductive alternates, in which changes in design are involved, as contrasted to a material or equipment substitution or addition which, in the judgment of the University, does not involve design changes, will be paid for either on the basis of the Consultant’s direct labor cost plus a sum equal to 150 percent thereof or on the basis of the amount the Construction Documents Payment would have been increased had the value of such alternates been added to the amount of the approved Pre-Bid Pre‑Bid Cost Estimate; the manner of payment to be determined by the University within sixty (60) days after the award of the construction contract. For the purposes of the preceding sentence, deductive alternates shall be added to, rather than subtracted from, the Pre-Bid Pre‑Bid Cost Estimate and the value of all alternates shall be deemed to be an amount equal to the bid quoted for the alternates by the lowest bidder or, in the event that the lowest bidder does not submit a bid for such alternates, an average of all bids submitted therefor. Notwithstanding the foregoing, unless otherwise agreed to in writing by the University, the Consultant shall not be entitled to reimbursement of costs or any additional compensation in connection with any alternates for any construction contract or part thereof which is being rebid because all bids previously received by the University were in excess of the amount of the Program Budget of the University therefor and were rejected by the University. Notwithstanding the foregoing, all services rendered by the Consultant in connection with alternates that involve a material or equipment substitution, addition or deletion which, in the judgment of the University, does not involve design changes, and all services rendered by the Consultant in connection with any additive or deductive alternates prior to the Construction Document Phase shall be deemed covered by the Total Fee unless otherwise agreed to in writing by the University. 9. In the event the Consultant is caused to furnish services, not provided for herein and not previously performed, as a result of the University declaring a contractor in default, damage to the Project by fire or other casualty, or a delay, through no fault or omission of the Consultant, in completion of construction of more than one (1) year after the specified completion date in a construction contract, the University shall pay the Consultant for such services, but, in the case of delayed construction completion, for only those services performed after said one one (1) year period, on the basis of the Consultant’s direct labor cost plus a sum equal to 150 percent thereof; provided, however, that the Consultant shall not be entitled to extra compensation for monitoring and inspecting either punch list, work or guarantee work items except monitoring and inspection service performed by the Consultant after the expiration of eighteen (18) months from the commencement of the one (1) year general guarantee period. 10. Notwithstanding the foregoing, the Consultant shall not be entitled to extra compensation under any of the preceding subdivisions of this Section unless the services to be provided by the Consultant hereunder have been requested and approved in writing by the University.