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B. Additional Services: (a) Description of Work: All work performed by ENGINEER which is either described in this paragraph or not included in the Basic Services defined above,shall constitute Additional Services. These shall include: I (1) Actual performance of soil borings and soH tests and of mill, shop or laboratory tests; (2) Field surveys, construction staking, and related office computations and drafting; (3) Resident project representation; (4) Any work undertaken as an expert witness or in connection with litigation or other controversies, such as preparation of engineering data and reports, waiting to testify, testifying in court or by deposition, and consulting with OWNER or attorneys; (5) Preparation of any special reports, applications for permits or grants, and appearances before regulatory agencies; (6) Any revisions of previously approved reports, drawings or specifications; (71 All travel and subsistence to points other than ENGINEER'S or OWNER'S offices and project site; (8) Making copies of final drawings and speciiications in excess of five sets; (9) Making reproducible record prints of drawings to record changes made during construction; (10) Preparation of renderings, exhibits or scale models. (b) Compensation: ENGINEER'S compensation for Additional Services shall be an amount equal to 2 . 20 times Salary Cost plus Reimbursable Expenses {both defined in paragraph 71. 2. PAYMENTS: ENGINEER will invoice OWNER monthly in amounts based on ENGINEER'S estimate of the portion of the Basic Services completed, plus charges for any Additional Services performed. OWNER agrees to pay to ENGINEER the full amount of each such invoice promptly upon receipt. A charge of 1% per month will be added to the unpaid balance of invoices not paid within 60 days after the 1st of the month next following date of invoice. 3. OWNERSHIP OF DOCUMENTS: All documents, including original drawings, estimates, specifications, field notes and data are and shall remain property of ENGINEER. OWNER may at his expense obtain a set of reproducible record copies of drawings and other documents, but agrees that he will use such copies solely in connection with the project covered by this Agreement and for no other purpose. 4. INSURANCE: ENGINEER agrees to maintain .workman's compensation insurance to cover all of its own personnel engaged in performing services for OWNER under this Agreement. ENGINEER also agrees to maintain public liability insurance covering claims against ENGINEER for damages resulting from bodily injury, death or property damage from accidents arising in the course of work performed under this Agreement_ I 5, LIABILITY LIMITATION: A. Scope: ENGINEER shall have no liability to OWNER or to others as a consequence of express or implied approval of any construction activities, for any defective construction (whether or not observed or approved by ENGINEER), for any excess of construction costs over an amount estimated, or for any other reason beyond warranty of the use of reasonable skill in the preparation of particular drawings and the designation of particular materials for the project covered by this Agreement. B. To Whom: This Agreement is made for the benefit oi OWNER and ENGINEER only, and is not intended to benefit any others. Accordingly, no third party shall have any claim against either OWNER or ENGINEER by virtue of any undertaking or responsibility of one to the other. I FORM 370 COPYRIGHT 1970, BY LOCKWOOD, ANDREWS & NEWNAM, INC.