Required Additional Services. A. Engineer shall perform or furnish, without requesting or receiving specific advance authorization from Owner, the Additional Services of the types listed below. Engineer shall advise Owner in writing promptly after starting any such Additional Services.
1. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner so as to make the compensation commensurate with the extent of the Additional Services rendered.
2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than “or-equal” items; and services after the award of the Construction Agreement in evaluating and determining the acceptability of a substitution which is found to be inappropriate for the Project or an excessive number of substitutions.
3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages.
4. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work, (2) an occurrence of a Hazardous Environmental Condition, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor,
Required Additional Services. Not Included This is EXHIBIT B, consisting of 2 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated . Initial: OWNER Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of OWNER as set forth in this Agreement, OWNER shall:
A. Provide ENGINEER with all criteria and full information as to OWNER’s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications; and furnish copies of OWNER’s standard forms, conditions, and related documents for ENGINEER to include in the Bidding Documents, when applicable.
B. Furnish to ENGINEER any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. Nothing contained in this Exhibit or in this Agreement shall be construed to require the OWNER to provide such records in any certain format. The format in which the existing data and documentation will be provided shall be at the sole discretion of the OWNER.
C. (Modified) Following ENGINEER’s assessment of initially-available Project information and data and upon ENGINEER’s written request, furnish or otherwise make available such additional available Project related information and data as is reasonably required to enable ENGINEER to complete its Basic and Additional Services. 1. (Deleted). 2. (Deleted).
Required Additional Services. Except as set forth in the next sentence, Spinco shall be obligated to perform any Additional Service that is essential to effectuate an orderly transition unless such performance would significantly disrupt the operations of Spinco or materially increase its responsibility under this Agreement. If Spinco reasonably believes the performance of Additional Services required above would significantly disrupt its operations or materially increase the scope of its responsibility under this Agreement, the Parties shall negotiate in good faith to establish terms under which Spinco can provide such Additional Services, but Spinco shall not be obligated to provide such Additional Services if, following good faith negotiation, it is unable to reach agreement on such terms.
Required Additional Services. Except as set forth in the next sentence, Plains shall be obligated to perform any Additional Service that (a) was provided by Plains immediately prior to the date hereof and that Spinco reasonably believes was inadvertently omitted from the list of Services or (b) is essential to effectuate an orderly transition under the Separation Agreement unless such performance would significantly disrupt the operations of Plains or materially increase its responsibility under this Agreement. If Plains reasonably believes the performance of Additional Services required under the foregoing clauses (a) or (b) would significantly disrupt its operations or materially increase the scope of its responsibility under this Agreement, the Parties shall negotiate in good faith to establish terms under which Plains can provide such Additional Services, but Plains shall not be obligated to provide such Additional Services if, following good faith negotiation, it is unable to reach agreement on such terms.
Required Additional Services. SECTION 3
Required Additional Services. When required by t he C ontract D ocuments i n circumstances b xxxxx ENGINEER’s con trol, ENGINEER s hall fu rnish o r obt ain f rom others, as circumstances require during co nstruction an d without waiti ng for sp ecific au thorization from OWNER, Additional Serv ices o f th e typ es listed in paragraphs 2.2.1 thr ough 2 .2.6, i nclusive (ex cept to the extend otherwise provided in Exhibit A “Further Description of Basic E ngineering Servi ces and Related Matters”). These services are not included as part of Basic Services . Engineer s hall advise OWNER promptly after startin g any such Additional Services which will be paid by OWNER as indicated in Section 5.
2.2.1 Services in con nection with work directive changes a nd change orders to reflec t change s requested by OWNER i f t he res ulting c hange i n compensation for Basi c Services is not commensurate with the additional services rendered.
2.2.2 Services i n m aking re visions t o Dra wings and Specificat ions occa sioned by the acceptance of substitutions proposed by Contractor(s); and services after the a xxxx of eac h c ontract in eval uating a nd determining the acceptability of an unreasona ble or excessive number o f substitu tions proposed b y Contractor.
2.2.3 Services resul ting fr om si gnificant del ays, changes or pri ce increases occurring as a direct or indirect res ult of m aterial, equi pment or ener gy shortages.
2.2.4 Additional or ex tended ser vices during construction made necessary by (1) work damaged by fire or other cause du ring co nstruction, ( 2) a significant amount of defective or neglected work of any Contract or, (3) acceler ation of the progress schedule i nvolving se rvices beyond n ormal wo rking hours, and (4) default by any Contractor.
2.2.5 Services (ot her than Basic Services duri ng the Operational Phase) in connection with any partial utilization of any p art of t he Pro ject by OWNER prior to Substantial Completion.
2.2.6 Evaluating an un reasonable or ext ensive number of cl aims subm itted by C ontractor(s) or others in connection with the work.
Required Additional Services. When required by the Contract Documents in connection with the performance or furnishing of ENGINEER’s services during the Construction Phase, ENGINEER shall perform or furnish, without waiting for specific authorization from OWNER, Additional Services of the types listed in paragraphs 3.2.1 through 3.2.6
Required Additional Services. Not Included This is EXHIBIT B, consisting of 2 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated . Initial: OWNER Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of OWNER as set forth in this Agreement, OWNER shall:
Required Additional Services. A. Geotechnical Engineer shall perform or furnish, without requesting or receiving specific advance authorization from Engineer, Additional Services of the types listed below. Geotechnical Engineer shall advise Engineer in writing promptly after starting any such Additional Services.
1. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment or energy shortages related to the geotechnical aspects of the Work.
2. Additional or extended services during construction made necessary by (a) emergencies or acts of God endangering the Work, (b) an occurrence of a Hazardous Environmental Condition, (c) Work damaged by fire or other cause during construction.
B. Geotechnical Engineer shall perform or furnish, when advance authorization by Owner cannot be obtained, Additional Services consisting of additional Site explorations that Geotechnical Engineer, in the exercise of due care, deems necessary in order to obtain adequate subsurface information based on subsurface conditions determined by the Site exploration program, provided that such Additional Services are authorized hereunder only if and to the extent they would be more costly if delayed until authorization by Owner were obtained and such Additional Services without authorization are limited by timely notice to Owner. Upon receiving notice of such Site conditions and the starting of these Additional Services, Owner shall authorize Geotechnical Engineer to continue with Additional Services or advise Geotechnical Engineer to perform no moiré such Additional Services. Geotechnical Engineer and Owner shall confirm in writing all notices, authorizations, and directions as soon thereafter as possible.
Required Additional Services. A. Engineer shall perform or furnish, without requesting or receiving specific advance authorization from Owner, the Additional Services of the types listed below. Engineer shall advise Owner in writing promptly after starting any such Additional Services.
1. Services in connection with Work Change Directives and Change Orders to reflect changes requested by Owner so as to make the compensation commensurate with the extent of the Additional Services rendered.
2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than “or-equal” items; and services after the award of the Construction Agreement in evaluating and determining the acceptability of a substitution which is found to be inappropriate for the Project or an excessive number of substitutions.
3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages.
4. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work, (2) an occurrence of a Hazardous Environmental Condition, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor.
5. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion.
6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. The City of Durham’s Department of Water Management (City) operates and maintains two raw water supply reservoirs controlled by Little River Dam and Lake Xxxxxx Dam, serving over 268,000 customers. Lake Xxxxxx Dam was constructed on the Flat River between 1924 and 1927. The dam is a composite structure consisting of a 550-ft long concrete gravity section and a 390-ft long earthen embankment section. The 300-ft long uncontrolled ogee spillway is located in the center of the concrete gravity dam and has a crest elevation of 341 ft mean sea level (MSL), approximately 92-ft above the riverbed. Little River Dam was constructed on the Little River between 1984 and 1987. The dam is a 95-ft high composite structure consisting of a 300-...
