Professional Services Agreement - DLZ Indiana LLC - Design and Right of Way for Tucker Drive

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B. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the work, for safety or security at the site, or for safety precautions and programs incident to Contractor's work, during the Construction Phase or otherwise. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. PART 2 — ADDITIONAL SERVICES A2.01 Additional Services requiring Owner's Written Authorization A. If authorized in writing by the Owner, Engineer shall furnish or obtain from others Additional Services of the types listed in the following paragraphs. These services are not included as part of the basic services of the Engineer except to the extent provided otherwise in Appendix "A". These Additional Services include, but are not limited to the following, and will be paid for by Owner on an hourly rate basis in accordance with the hourly rates included in Appendix 1 to Exhibit C. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 3. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing, and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer's control. 4. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those identified in Paragraph A1.01. Exhibit A, Engineer's Services EJCDC E-520 Short Form of Agreement Be6veen Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4