Additional Preconstruction Services. (1) From time to time City Engineer may request that Construction Manager perform services in addition to those Preconstruction Services required or reasonably inferable herein (“Additional Preconstruction Services”). Each time Construction Manager is requested to perform Preconstruction Services which Construction Manager believes to be Additional Preconstruction Services, and prior to performing such Additional Preconstruction Services, Construction Manager shall complete and forward to City Engineer for approval an Additional Services Requisition substantially in the form of Exhibit G attached hereto, which shall describe in detail the nature or scope of the Additional Preconstruction Services, the basis upon which Construction Manager has determined that the requested services are Additional Preconstruction Services, and which shall set forth the maximum amount of fees and reimbursable expenses for which Construction Manager is prepared to perform such Additional Preconstruction Services, together with a proposed schedule for the performances of such Additional Preconstruction Services. Construction Manager shall proceed only after written acceptance by City Engineer of the Additional Services Requisition and written approval from City Engineer to proceed. If Construction Manager fails to provide the Additional Services Requisition or if Construction Manager begins performing Additional Preconstruction Services prior to written approval from City Engineer, Construction Manager waives any claim for additional compensation based on its performance of the Additional Preconstruction Services. (2) If City Engineer concludes that all or part of the Preconstruction Services described in the Additional Services Requisition are services already required to be performed by Construction Manager pursuant to this Agreement or are reasonably inferable therefrom, then City Engineer shall notify Construction Manager of his determination and City Engineer and Construction Manager shall attempt, in good faith, to resolve by negotiation their differences. If within seven (7) Business Days, City and Construction Manager are unable to resolve their differences, then Construction Manager shall nevertheless perform the services requested by City Engineer as if the services were services required to be performed pursuant to this Agreement, without prejudice, however, to Construction Manager’s right to pursue a claim for compensation for such disputed services. (3) Upon acceptance by City Engineer, each Additional Services Requisition and the services performed by Construction Manager pursuant to such Additional Services Requisition shall become part of this Agreement and shall be subject to all the terms and conditions of this Agreement, as fully and completely as though the same had been included in this Agreement as a required Preconstruction Service at the original execution of this Agreement.
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Additional Preconstruction Services. (1) From time to time City Engineer Owner may request that Construction Manager perform services in addition to those Preconstruction Services required or reasonably inferable herein (“Additional Preconstruction Services”). Each time Construction Manager is requested to perform Preconstruction Services which Construction Manager believes to be Additional Preconstruction Services, and prior to performing such Additional Preconstruction Services, Construction Manager shall complete and forward to City Owner Engineer for approval an Additional Services Requisition substantially in a form agreed upon by the form of Exhibit G attached heretoParties, which shall describe in detail the nature or scope of the Additional Preconstruction Services, the basis upon which Construction Manager has determined that the requested services are Additional Preconstruction Services, and which shall set forth the maximum amount of fees and reimbursable expenses for which Construction Manager is prepared to perform such Additional Preconstruction Services, together with a proposed schedule for the performances of such Additional Preconstruction Services. Construction Manager shall proceed only after written acceptance by City Engineer Owner of the Additional Services Requisition and written approval from City Engineer Owner to proceed. If Construction Manager fails to provide the Additional Services Requisition or if Construction Manager begins performing Additional Preconstruction Services prior to written approval from City EngineerOwner, Construction Manager waives any claim for additional compensation based on its performance of the Additional Preconstruction Services.
(2) If City Engineer Owner concludes that all or part of the Preconstruction Services described in the Additional Services Requisition are services already required to be performed by Construction Manager pursuant to this Agreement or are reasonably inferable therefrom, then City Engineer Owner shall notify Construction Manager of his determination and City Engineer Owner and Construction Manager shall attempt, in good faith, to resolve by negotiation their differences. If within seven (7) Business Days, City Owner and Construction Manager are unable to resolve their differences, then Construction Manager shall nevertheless perform the services requested by City Engineer Director as if the services were services required to be performed pursuant to this Agreement, without prejudice, however, to Construction Manager’s right to pursue a claim for compensation for such disputed services.
(3) Upon acceptance by City EngineerOwner, each Additional Services Requisition and the services performed by Construction Manager pursuant to such Additional Services Requisition shall become part of this Agreement and shall be subject to all the terms and conditions of this Agreement, as fully and completely as though the same had been included in this Agreement as a required Preconstruction Service at the original execution of this Agreement.
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