Orange County NC Website
5 <br />Revised 01/24 <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 contracts with <br />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 Designer or its <br />Consultants only when the Owner requests such Additional Services in writing and after both Owner and Designer agree to the terms of providing such <br />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 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 />Docusign Envelope ID: 1C19DA1B-334D-4796-8785-CE669771C098