Orange County NC Website
Browse       Search
6 <br />Revised 06/21 <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 Designer 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 />5.1.5 Designer or its Consultants shall provide all such services as are made necessary by the negligence or default of a Consultant or <br />subconsultant. Such services shall be provided at no additional cost to Owner. <br />5.1.6 Designer or its Consultants shall provide additional or extended services during the Construction Phase made necessary by (a) <br />defective work of Consultant(s) or contractor(s); (b) prolongation of construction past the scheduled completion date, provided the <br />prolongation is not due to the fault or negligence of the Designer, its employees, Consultants or agents; or (c) default under the <br />construction contract due to delinquency or insolvency. <br />5.1.7 Designer or its Consultants shall Provide additional services and costs necessitated by special out-of-town travel required by the <br />Designer and approved in advance in writing by the Owner, other than visits to the Project and other than travel reasonably required to <br />fully accomplish the Basic Services. <br />5.1.8 Designer, and its Consultants if necessary, shall attend special public hearings for the Project, other than those listed herein, <br />which are called by the Board of County Commissioners. <br />ARTICLE 6 <br />DURATION OF DESIGNER'S SERVICES <br />6.1 Scheduling of Services <br />6.1.1 Attachment D to this Agreement is the Key Milestone Listing which defines the sequence and timing of the design and <br />construction activities. The Designer and its Consultants shall schedule and perform their activities so as to meet the Milestone Dates <br />shown. No deviation by the Designer or his Consultants from the Key Milestone Listing shall be allowed without prior written approval <br />by the Owner. <br />6.1.2 The Designer's schedule for the performance of its activities and the activities of its Consultants shall be in accordance with the <br />outline in Attachment D. The Designer shall also prepare and submit to the Owner for review and approval a schedule of all known items <br />of information, approvals or decisions to be furnished or made by the Owner, including the dates by which the Owner shall have all <br />information necessary from the Designer with respect to that item, approval or decision and the date by which the item of information, <br />approval or decision should be communicated to the Designer. The Owner shall always have a reasonable time within which to provide <br />such item of information, approval or decision and shall not have any responsibility for any delay occurring by reason of the Owner's <br />being unable, through no fault of the Owner, to supply such item of information, approval or decision. <br />DocuSign Envelope ID: 3D4D20DD-E384-4780-B168-B7B2CCA4B00B