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DocuSign Envelope ID: E459300D-0094-4E66-A944-039543AOE351 <br /> 4.2.5 Should bidding or negotiation with contractors produce prices which,when added to the other elements of the approved Total <br /> Project Cost, produce a cost that is in excess of the approved Total Project Cost,the Designer shall participate with the Owner in <br /> negotiation and design adjustments to the extent such are necessary to obtain prices within the approved Total Project Cost. All activity <br /> ❑f the Designer with respect to these matters shall constitute Basic Services and shall be performed by the Designer without additional <br /> compensation. If negotiation and design adjustments fail to bring costs within the Total Project Cost the Owner may reject all bids and <br /> Designer will redesign and/or reduce portions of the project in an effort to reduce the bid prices to within the Total Project Cost and <br /> rebid the project. All such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within <br /> the approved Total Project Cost initially or after negotiations with the contractor,the Designer is not obligated to further redesign the <br /> Project. <br /> 4.3 Project Conferences <br /> 4.3.1 For the duration of the development of the Project,the Designer and its Consultants shall meet periodically with the Owner.The <br /> Designer shall meet with Owner as necessary to properly fulfill the requirements of this Agreement. The minimum regularly scheduled <br /> meetings which the Designer shall be required to attend are listed below: <br /> Bi-weekly;for the duration of the project. <br /> 4.4 Construction Administration <br /> 4.4.1 As part of Basic Services,the Designer shall provide all of the mutually agreed administrative services described in the Owner's <br /> contracts with the contractors for the Project. <br /> ARTICLE 5 <br /> ADDITIONAL SERVICES <br /> 5.1 Compensation is due for Additional Services that are not otherwise included in Basic Services(Attachment B) provided by the <br /> Designer or its Consultants when the Owner requests such Additional Services in writing and after both Owner and Designer agree to the <br /> terms of providing such Additional Services through an amendment to this Agreement. <br /> 5.1.1 Designer or its Consultants shall provide fully detailed presentation models or professional artist's renderings at the written <br /> direction and approval of the Owner, if such services are not included in Basic Services Attachment B. <br /> 5.1.2 Designer or its Consultants shalt make all necessary revisions in drawings,specifications,or other documents when the drawings, <br /> specifications, ❑r other documents are inconsistent with written approvals or instructions previously given by the Owner. <br /> 5.1.3 Designer or its Consultants shall prepare supporting data and other services in connection with a significant Owner initiated <br /> change order if Designer can demonstrate that such services cause a direct substantial increase in Designer's cost of rendering its Basic <br /> Services hereunder. <br /> 5.1.4 ❑esigner or its Consultants shall prepare to serve and serve as an expert witness for the Owner in connection with dispute <br /> resolution,arbitration,or legal proceedings, unless the subject matter of the proceedings includes matters arising out of or related to <br /> the Designer's or Consultant's performance or service with respect to the Project; however, preparing to serve or serving as a fact <br /> witness for the Owner in such proceedings or rendering testimony necessary to secure governmental approval of zoning or land use <br /> clearances for the Project shall not constitute an Additional Service. <br /> 5 <br /> Revised 10/17 <br />