Amendment No. 1 to OEA - Kennedy Park Improvements Project No. 123-008

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Page 4 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. a) Prepare Final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. b) Provide technical criteria, written descriptions, and design data for Owner’s use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project; assist Owner in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities. c) Advise Owner of any adjustments to the Opinion of Probable Construction Cost known to Engineer. d) Prepare and furnish bidding documents for review by Owner, its legal counsel, and other advisors, and assist Owner in the preparation of other related documents. Owner shall submit to Engineer any comments and, subject to the provisions of Paragraph 6.01.G, instructions for revisions. e) Revise the bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit (1) electronic final copies of the bidding documents, a revised Opinion of Probable Construction Cost, and any other deliverables to Owner after receipt of Owner’s comments and instructions. f) Engineer’s services under the Final Design Phase will be considered complete on the date when the Final Plans, Final Specifications, and Final Opinion of Probable Construction Cost have been delivered to Owner. 8) Opinion of Probable Construction Cost a) Procure the services of an experienced consultant to provide opinion of probable construction costs prepared by way of measuring bulk quantities for all applicable trades and pricing at applicable parametric composite unit rates for a competitively bid public works project for the northern Indiana region. b) Provide an opinion of probable soft costs based on accepted industry practice as a percent of construction. Include inflation factor to account for 2025-2027 construction season. c) Submit Opinion of Probable Construction Cost at each design phase. 9) Bidding or Negotiating Phase: After acceptance by Owner of the bidding documents and the most recent Opinion of Probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: a) Attend pre-bid conferences, if any. b) Issue addenda as appropriate to clarify, correct, or change the bidding documents. c) If bidding documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by bidders. d) The following shall be considered additional services: i. 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;