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<br /> Page 11 <br />(Exhibit A – Engineer’s Services) <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> <br />19. Preparing to serve or serving as a consultant or witness for Owner in any litigation, <br />arbitration, or other dispute resolution process related to the Project. <br />20. Providing more extensive services required to enable Engineer to issue notices or <br />certifications requested by Owner. <br />21. Assistance in connection with the adjusting of Project equipment and systems. <br />22. Assistance to Owner in training Owner’s staff to operate and maintain Project equipment <br />and systems. <br />23. Assistance to Owner in developing procedures for (a) control of the operation and <br />maintenance of Project equipment and systems, and (b) related record-keeping. <br />24. Overtime work requiring higher than regular rates. <br />25. Other services performed or furnished by Engineer not otherwise provided for in this <br />Agreement. <br />A2.02 Additional Services Not Requiring Owner’s Written Authorization <br />A. Engineer shall advise Owner in advance that Engineer will immediately commence to perform or <br />furnish the Additional Services of the types listed below. For such Additional Services, Engineer <br />need not request or obtain specific advance written authorization from Owner. Engineer shall <br />cease performing or furnishing such Additional Services upon receipt of written notice from <br />Owner. <br />1. Services in connection with work change directives and change orders to reflect changes <br />requested by Owner. <br />2. Services in making revisions to Drawings and Specifications occasioned by the acceptance <br />of substitute materials or equipment other than “or-equal” items; services after the award of <br />the Construction Contract in evaluating and determining the acceptability of a proposed "or <br />equal" or substitution which is found to be inappropriate for the Project; evaluation and <br />determination of an excessive number of proposed "or equals" or substitutions, whether <br />proposed before or after award of the Construction Contract. <br />3. Services resulting from significant delays, changes, or price increases occurring as a direct <br />or indirect result of materials, equipment, or energy shortages. <br />4. Additional or extended services during construction made necessary by (1) emergencies or <br />acts of God endangering the Work (advance notice not required), (2) the presence at the <br />Site of any Constituent of Concern or items of historical or cultural significance, (3) Work <br />damaged by fire or other cause during construction, (4) a significant amount of defective, <br />neglected, or delayed work by Contractor, (5) acceleration of the progress schedule <br />involving services beyond normal working hours, or (6) default by Contractor. <br />5. Services (other than Basic Services during the Post-Construction Phase) in connection with <br />any partial utilization of any part of the Work by Owner prior to Substantial Completion.