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Amendment to Owner-Engineer Agreement <br />Page 17 <br />(Exhibit A-1 – Engineer’s Services) <br />EJCDC® E-570, Agreement Between Engineer and Owner for Professional Services. Copyright © 2014 National Society of Professional Engineers, American <br />Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. <br />2021.01526 <br /> <br />27. Design of rehabilitation or repair of the East Bank Trail beyond the bridge structure. <br />28. Structural or aesthetic design of a new pedestrian railing. <br />29. Design of a deck material other than chosen by the Owner during the Preliminary Design <br />phase. <br />30. Design of the replacement or retrofit of the electrical utility currently on the bridge deck. This <br />will be performed by the utility (City of South Bend) or the Contractor in accordance with the <br />bid documents. <br />A2.03 Additional Services Not Requiring Owner’s Written Authorization <br />A. Engineer shall advise Owner in advance that Engineer is 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 cease <br />performing or furnishing such Additional Services upon receipt of written notice from 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 of <br />substitute materials or equipment other than “or-equal” items; services after the award of the <br />Construction Contract in evaluating and determining the acceptability of a proposed "or equal" <br />or substitution which is found to be inappropriate for the Project; evaluation and determination <br />of an excessive number of proposed "or equals" or substitutions, whether proposed before or <br />after award of the Construction Contract. <br />3. Services resulting from significant delays, changes, or price increases occurring as a direct or <br />indirect result of materials, equipment, or energy shortages. <br />4. Additional or extended services during construction made necessary by (1) emergencies or acts <br />of God endangering the Work (advance notice not required), (2) the presence at the Site of any <br />Constituent of Concern or items of historical or cultural significance, (3) Work damaged by fire <br />or other cause during construction, (4) a significant amount of defective, neglected, or delayed <br />work by Contractor, (5) acceleration of the progress schedule involving services beyond normal <br />working hours, or (6) default by Contractor. <br />5. Services (other than Basic Services during the Post-Construction Phase) in connection with any <br />partial utilization of any part of the Work by Owner prior to Substantial Completion. <br />6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or <br />others in connection with the Work. <br />7. Services during the Construction Phase rendered after the original date for completion of the <br />Work referred to in A1.05.B. <br />8. Reviewing a Shop Drawing more than three times, as a result of repeated inadequate <br />submissions by Contractor.