Orange County NC Website
36 <br /> 5.1.1 Designer or its Consultants shall provide fully detailed presentation models or professional artist's renderings at the written direction and <br /> approval of the Owner, if such services are not included in Basic Services Attachment B. <br /> 5.1.2 Designer or its Consultants shall make all necessary revisions in drawings, specifications, or other documents when the drawings, specifications, <br /> or 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 change order if <br /> Designer can demonstrate that such services cause a direct substantial increase in Designer's cost of rendering its Basic 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 resolution, <br /> arbitration, or legal proceedings, unless the subject matter of the proceedings includes matters arising out of or related to the Designer's or Consultant's <br /> performance or service with respect to the Project; however, preparing to serve or serving as a fact witness for the Owner in such proceedings or <br /> rendering testimony necessary to secure governmental approval of zoning or land use clearances for the Project shall not constitute an Additional <br /> 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 subconsultant. <br /> 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) defective work of <br /> Consultant(s) or contractor(s); (b) prolongation of construction past the scheduled completion date, provided the prolongation is not due to the fault or <br /> negligence of the Designer, its employees, Consultants or agents; or(c) default under the 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 Designer and <br /> approved in advance in writing by the Owner, other than visits to the Project and other than travel reasonably required to fully accomplish the Basic <br /> Services. <br /> 5.1.8 Designer, and its Consultants if necessary, shall attend special public hearings for the Project, other than those listed herein,which are called by <br /> 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 construction activities. <br /> The Designer and its Consultants shall schedule and perform their activities so as to meet the Milestone Dates shown. No deviation by the Designer or <br /> his Consultants from the Key Milestone Listing shall be allowed without prior written approval 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 outline in <br /> Attachment D. The Designer shall also prepare and submit to the Owner for review and approval a schedule of all known items of information, approvals <br /> or decisions to be furnished or made by the Owner, including the dates by which the Owner shall have all information necessary from the Designer with <br /> respect to that item, approval or decision and the date by which the item of information, approval or decision should be communicated to the Designer. <br /> The Owner shall always have a reasonable time within which to provide such item of information, approval or decision and shall not have any <br /> responsibility for any delay occurring by reason of the Owner's being unable,through no fault of the Owner,to supply such item of information, approval <br /> or decision. <br /> 5 <br /> Revised 01/24 <br />