Professional Services Agreement - DLZ Indiana LLC - Prep and Assistance with Fat Daddy's Demolition

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25. Design, bidding, decommissioning, and construction phase services required for the relocation of existing site utilities. 26. Design services related to the construction, stabilization, repair, renovation, or replacement of existing or new retaining walls, foundation wall or structures unable to be shored / braced or protected during demolition. This shall include walls or structures damaged as a result of demolition contractor's operations. 27. It is intended that this project will be bid as a lump sum demolition. As such, services required to bid this project based on material quantities and specific unit costs which would require detailed quantity surveys of specific materials intended for demolition, asbestos abatement and environmental remediation shall not be accomplished as part of the Basic Services by the Engineer. 28. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. A2.02 Additional Services Not Requiring Owner's Written Authorization 1) Engineer shall advise Owner in advance that Engineer will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. 1. Services in connection with work change directives and change orders to reflect changes requested by Owner. 2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or -equal" items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. 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 (advance notice not required), (2) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (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. Page IS (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved.