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HomeMy WebLinkAbout6B(3) 686) ° Department of \:;,F71• Community Investment ■ 1965 • ,'. Memorandum Monday,September 22, 2014 TO: Redevelopment Commission FROM: Jitin Kain SUBJECT: Ignition Park Infrastructure Phase 1B Construction Documents Attached to this memorandum is Resolution 3249 and Amendment to the Addendum to the Master Agency Agreement(Ignition Park Phase 1B Infrastructure-Supplement#2)for Ignition Park Infrastructure Phase 1B construction documents. The Amendment authorizes the Board of Public Works to act as the Commission's agent, and it sets an engineering budget of$173,500 for Abonmarche to complete plans and bid specifications. In December 2013, Commission approved an agency agreement with the BPW and Supplement#1 for BSA LifeStructures to complete construction documents for Ignition Park infrastructure in the amount of$287,400. Although BSA has completed roughly 80% of the construction documents per their contract,their performance has not been satisfactory.Therefore after careful consideration, Engineering staff has terminated the contract with BSA and recommends the use of local Engineering firm, Abonmarche,to complete the construction sets. Abonmarche will complete the construction documents with the remainder of the BSA contract amount and add new scope items to the project.These include: 1. Franklin St. reconstruction and other minor items to the scope of work 2. Garst St. repaving 3. New Lighting along Sample St. The total contract amount with Abonmarche is $173,500. Staff requests approval of this amount as well as the attached Resolution and Amendment to the Addendum to the Master Agency Agreement. 227 W.JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV RESOLUTION NO. 3249 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Ignition Park Phase 1B Infrastructure- Supplement#2) WHEREAS, effective January 1, 2014, the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission") and the South Bend Board of Public Works (the "BPW") entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2014; and WHEREAS, effective January 1, 2014, the Commission and the BPW entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for the limited purpose of contracting for and managing the completion of existing Projects; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Ignition Park Phase 1B Infrastructure Project to the Master Agency Agreement by way of an Addendum on December 13, 2011; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Ignition Park Phase 1B Infrastructure Project- Supplement #1 to the Master Agency Agreement by way of an Amendment to the Addendum on December 19,2013; and WHEREAS, the Commission desires to amend the Addendum by way of this Amendment. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Amendment to the Addendum to the Master Agency Agreement (Ignition Park Phase 1B Infrastructure Project - Supplement #2) and hereby authorizes its execution in substantially the form attached hereto with such changes as the Commission may deem necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of the Commission's approval of such changes. The Clerk is hereby directed to file a copy of this Amendment to the Addendum with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. Section 3. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. ADOPTED at a meeting of the South Bend Redevelopment Commission held on September 25, 2015, at 9:30 a.m., in Room 1308, County-City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Ignition Park Phase 1B Infrastructure- Supplement#2) (2970-11,3190-13,3249-14) This Amendment to the Addendum to the Master Agency Agreement (this "Amendment"), made and entered into as of the 25th day of September, 2014, by and between the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission") and the City of South Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the State of Indiana, acting by and through its Board of Public Works (the"BPW")for purposes of the Commission designating the BPW to act as the Commission's agent to undertake the Ignition Park Phase 1B Infrastructure - Supplement#2(the"Project"). WHEREAS,effective January 1,2014,the Commission and the BPW entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2014; and WHEREAS,effective January 1,2014,the Commission and the BPW entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for the limited purpose of contracting for and managing the completion of existing Projects; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Ignition Park Phase 1B Infrastructure Project to the Master Agency Agreement by way of an Addendum on December 13,2011; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Ignition Park Phase 1B Infrastructure Project- Supplement #1 to the Master Agency Agreement by way of an Amendment to the Addendum on December 19,2013; and WHEREAS, the Commission desires to amend the Addendum by way of this Amendment, adding Supplement#2. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged,the BPW and the Commission agree as follows: 1. The Commission hereby empowers and appoints the BPW, pursuant to the Master Agency Agreement, to act as the Commission's agent for the limited purpose of contracting for and managing the completion of the Project,the scope of said Project being originally described in "Exhibit A", amended in Supplement #1 as described in "Exhibit B", and now amended by Supplement#2 as described in"Exhibit C", attached hereto and made a part hereof. 2. All of the terms and conditions of the Master Agency Agreement shall control this appointment and this Addendum shall be attached to the Master Agency Agreement. 3. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. IN WITNESS WHEREOF, the undersigned execute this Addendum to Master Agency Agreement to be effective as of the date first written above. (Signature Page Follows) CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS Gary Gilot,President Kathryn Roos,Member Brian Pawlowski,Member David Relos,Member Patrick Henthorn,Member ATTEST: Linda Martin, Clerk Exhibit"A" IGNITION PARK INFRASTRUCTURE PHASE 1B PROJECT See attached Proposal from BSA LifeStructures dated October 4,2011, approved by the Redevelopment Commission on December 13,2011 and approved by the Board of Public Works on December 22, 2011 lil Exhibit`B" • IGNITION PARK INFRASTRUCTURE PHASE 1B PROJECT SUPPLEMENT#1 See attached Proposal Budget • Exhibit "C" IGNITION PARK INFRASTRUCTURE PHASE 1B PROJECT SUPPLEMENT#2 See attached scope of work by Abonmarche This is EXHIBIT A, consisting of 9 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Sept 23,2014. Engineer's Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1—BASIC SERVICES A1.01 Study and Report Phase NOT INCLUDED A1.02 Preliminary Design Phase A. Engineer.shall Provide professional surveying and engineering design services for Ignition Park improvements that will be bid for construction and will include new concrete road with parallel parking with pervious paves, sidewalk, sanitary sewer, water main, trees, street lights, duct banks for Ignition Drive and Stull Street and Cotter Street from existing ends of pavement to Ignition Drive; widening Stull Street to provide parallel parking; new HMA road with, sidewalk, storm sewer,water main,trees, street lights,natural gas main and duct banks for Franklin Street;milling and resurfacing Garst Street from Lafayette to Franklin Street; new retention basin south of Stull Street; new sidewalk, trees and lighting along Sample Street from Prairie Aveneu to Franklin Street; new duct banks for utilities; way finding signage and five new gateway signs for Ignition Park. B. After acceptance by Owner of the Report and any other deliverables, selection by Owner of a recommended solution and indication of any specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by Owner, and upon written authorization from Owner,Engineer shall: 1. Prepare Preliminary Design Phase documents consisting of construction documents(30% & 60% - including final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project). 2. Provide necessary field surveys and topographic and utility mapping for design purposes. Utility mapping will be based upon information obtained from utility owners. 3. Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. 4. Based on the information contained in the Preliminary Design Phase documents,prepare a revised opinion of probable Construction Cost, and assist Owner in collating the various cost categories which comprise Total Project Costs. Page 1 (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 5. Perform or provide the following additional Preliminary Design Phase tasks or deliverables: Geotechnical Investi'ation • 6. Furnish 3 review copies of the Preliminary Design Phase documents and any other deliverables to Owner within 30 calendar days of authorization to proceed with this phase, and review them with Owner. Within 5 calendar days of receipt, Owner shall submit to Engineer any comments regarding the Preliminary Design Phase documents and any other deliverables. 7. Revise the Preliminary Design Phase documents and any other deliverables in response to Owner's comments, as appropriate, and furnish to .Owner 3 copies of the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables within 30 calendar days after receipt of Owner's comments. C. Engineer's services under the Preliminary Design Phase will be considered complete on the date when the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost,and any other deliverables have been delivered to Owner. A1.03 Final Design Phase A. After acceptance by Owner of the Preliminary Design Phase documents, revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other deliverables subject to any Owner-directed modifications or changes in the scope, extent, character,or design requirements of or for the Project,and upon written authorization from Owner, Engineer shall: 1. Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. 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. 3. Advise Owner of any adjustments to the opinion of probable Construction Cost known to Engineer. 4. Perform or provide the following additional Final Design Phase tasks or deliverables: None 5. 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. Within 5 days of receipt, Owner shall submit to Engineer any comments and, subject to the provisions of Paragraph 6.01.G,instructions for revisions. 6. Revise the bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit 3 final copies of the bidding documents, a revised Page 2 (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. opinion of probable Construction Cost, and any other deliverables to Owner within 14 calendar days after receipt of Owner's comments and instructions. B. Engineer's services under the Final Design Phase will be considered complete on the date when the submittals required by Paragraph Al.03.A.6 have been delivered to Owner. C. In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime contract, or if Engineer's services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast-tracking), Owner and Engineer shall, prior to commencement of the Final Design Phase, develop a schedule for performance of Engineer's services during the Final Design, Bidding or Negotiating, Construction, and Post- Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or not the work under such contracts is to proceed concurrently. D. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer's compensation has been established under this Agreement is 1 . If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Agreement. A1.04 Bidding or Negotiating Phase A. 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: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid conferences, if any, and receive and process contractor deposits or charges for the bidding documents. 2. Issue addenda as appropriate to clarify,correct,or change the bidding documents. 3. Provide information or assistance needed by Owner in the course of any negotiations with prospective contractors. 4. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the bidding documents. 5. If bidding documents require,the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by bidders, but subject to the provisions of paragraph A2.02.A.2 of this Exhibit A. 6. Attend the Bid opening,prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. Page 3 (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 7. Perform or provide the following additional Bidding or Negotiating Phase tasks or deliverables: None • B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors (except as may be required if Exhibit F is a part of this Agreement). Al.05 Construction Phase A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner,Engineer shall: 1. General Administration of Construction Contract: Consult with Owner and act as Owner's representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the Construction Contract shall not be modified, except as Engineer may otherwise agree in writing. All of Owner's instructions to Contractor will be issued through Engineer,which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2. Resident Project Representative.(RPR): DELETED 3. Selecting Independent Testing Laboratory: DELETED 4. Pre-Construction Conference: Participate in a Pre-Construction Conference prior to commencement of Work at the Site. 5. Schedules: DELETED 6. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer's judgment are necessary to enable Contractor to proceed. 7. Visits to Site and Observation of Construction: In connection with observations of Contractor's Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer Owner deems necessary, to observe as an experienced and qualified design professional the progress of Contractor's executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's Work in progress or to involve detailed inspections of Contractor's Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Page 4 (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved.— Work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer's visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer's efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Engineer shall not, during such visits or as a result of such observations of Contractor's Work in progress, supervise, direct, or have control over Contractor's Work, nor shall • Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor's Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish or perform the Work in accordance with the Contract Documents. 8. Defective Work: DELETED. 9. Clarifications and Interpretations; Field Orders: Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue field orders authorizing minor variations in the Work from the requirements of the Contract Documents. 10. Change Orders and Work Change Directives: DELETED 11.Shop Drawings and Samples: Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor's submittal schedule that Engineer has accepted. 12.Substitutes and "or-equal":": Evaluate and determine the acceptability of substitute or "or- equal" materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.02.A.2 of this Exhibit A. 13.Inspections and Tests: DELETED Page 5 (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 14.Disagreements between Owner and Contractor: DELETED 15.Applications for Payment: DELETED 16. Contractor's Completion Documents: DELETED 17.Substantial Completion: DELETED 18.Additional Tasks: Perform or provide the following additional Construction Phase tasks or deliverables: None. 19.Final Notice of Acceptability of the Work: DELETED B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the Project involves more than one prime contract as indicated in Paragraph A1.03.C, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. C. 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. A1.06 Post-Construction Phase DELETED PART 2—ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner's Written Authorization A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. 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. Page 6 (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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.A.4. 5. Services required as a result of Owner's providing incomplete or incorrect Project information to Engineer. 6. Providing renderings or models for Owner's use. 7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of financial feasibility and cash flow studies, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing;detailed quantity surveys of materials,equipment,and labor;and audits or inventories required in connection with construction performed by Owner. 8. Furnishing services of Consultants for other than Basic Services. 9. Services attributable to more prime construction contracts than specified in Paragraph Al.03.D. 10. Services during out-of-town travel required of Engineer other than for visits to the Site or Owner's office. 11.Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review,value engineering,and constructibility review requested by Owner;and performing or furnishing services required to revise studies, reports, Drawings, Specifications,or other Bidding Documents as a result of such review processes. 12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 13. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required by Exhibit F. 14. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.05.A.6, and any type of property surveys or related engineering services needed for the transfer of interests in real property;and providing other special field surveys. Page 7 (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 15. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor. 16.Providing assistance in responding to the presence of any Constituent of Concern at the Site,in compliance with current Laws and Regulations. 17.Preparing Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor, and furnishing such Record Drawings to Owner. 18. Preparation of operation and maintenance manuals. 19. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration,or other dispute resolution process related to the Project. 20.Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. • 21.Assistance in connection with the adjusting of Project equipment and systems. 22.Assistance to Owner in training Owner's staff to operate and maintain Project equipment and systems. 23.Assistance to Owner. in developing procedures for (a) control of the operation and maintenance of Project equipment and systems,and(b)related record-keeping. 24. Overtime work requiring higher than regular rates. 25. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. A2.02 Additional Services Not Requiring Owner's Written Authorization A. Engineer shall advise Owner in advance that Engineer is 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. Page 8 (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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. 5. Services (other than Basic Services during the Post-Construction Phase)in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion. 6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. 7. Services during the Construction Phase rendered after the original date for completion of the Work referred to in A1.05.B. 8. Reviewing a Shop Drawing more than three times, as a result of repeated inadequate submissions by Contractor. 9. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, state, or local safety authorities for similar construction sites. • Page 9 (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. .■ :li ill a ,1 , i !.. ' . .. , ....zit. } _ - . 133211S man d_ ..n.. =o i m a .17....',-1,N�, J . t rli -d a � • L., 0 ui 1 IS 1Y 7 L:17 I_I ' � 0� 78 13. V��7 m • a c,v z A, 3 b`i 4 __, - . ,.....• 1 m a .1 F --41 ) ' �A � R� a ICE 7 0 ....„..,.. firwv r•-•sr c_ F 111111)•*7 O.o II AC U „, ia 1 IV C W ; W c C • .; i )11 [!4 J O. • w . _ V J C U ` � 3 . 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