OTHER-2024-072 Professional Services Contract with CPL for the Design of a New Crisis Diversion Facility

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Docusign Envelope ID:A2263B78-7746-40A2-A238-D34F6FAD8083 2.1.1 Additional Services—Those services to be performed by Designer beyond the Basic Services. See Section 1.1.4 and Article 5. 2.1.2 Basic Services—Those services to be performed by Designer as outlined in Attachment B. See Article 4 and Attachment B. 2.1.3 Compensation for Basic Services—Those fees to be paid by Owner for Basic Services. See Section 7.1 and 7,2. 2.1.4 Contractor—The construction contractor(s). 2.1.5 Consultants—Subconsultants,partners and other entities working with or on behalf of the Designer. See Section 3.3,1 and Attachment E. 2.1.6 Board of County Commissioners-The Board of Commissioners of Orange County,North Carolina. 2.1.7 County Manager-The Orange County employee bearing that title. 2.1.8 Milestone Dates—Those dates where certain results are expected. See Attachment D. 2.1.9 Project-All phases of the Project as described in Section 1.1.1 and Attachments A and B including but not limited to the schematic design, design development,construction document,bidding and contract award,construction and post-construction phases. 2.1.10 Reimbursable Expenses—Those costs incurred by the Designer for the benefit of this project and which the County will pay. See Section 7.5. 2.1.11 Total Project Cost—The total amount of money which may be paid for services on this project.See Section 4.2,1. ARTICLE 3 RESPONSIBILITIES OF THE DESIGNER 3.1 Services to be Provided. 3.1.1 The Designer shall provide the Owner with all professional services required to satisfactorily complete all phases of the Project within the time limitations set forth herein and in accordance with industry standards.Such services are as shown in Attachment B,the description of services.(Contract Specific Revision 9/6/24) All services of the Designer shall be provided in accordance with the terms and conditions of this Agreement. 3.2. Standard of Care 3.2.1 The Designer and its Consultants shall exercise reasonable care and diligence in performing their services under this Agreement in accordance with industry standards of similar professional design practice throughout the United States and in accordance with federal,state and local laws and regulations applicable to the performance of these services.The Designer shall serve as a representative of the Owner in accordance with the terms and conditions of this Agreement to guard the Owner against defects and deficiencies in the Project..(Contract Specific Revision 9/6/24) 3.2.2 The Designer shall be responsible for gross negligence,errors or omissions,in the drawings,specifications,and other documents prepared by the Designer or its Consultants.It shall be the responsibility of the Designer throughout the period of performance under this Agreement to use reasonable professional care and judgment to guard the Owner against defects and deficiencies in the Project. (Contract Specific Revision 9/6/24) 3.2.3 The Designer shall correct at no additional cost to the Owner any and all errors,omissions,discrepancies,ambiguities,mistakes or conflicts in the drawings,specifications and other documents prepared by the Designer or its Consultants. 3.2.4 The Designer shall assure that all drawings,specifications and other documents prepared by the Designer or its Consultants hereunder are in accordance with applicable laws,statutes,building codes and regulations and that all necessary or appropriate applications for approvals are submitted to federal,state and local governments or agencies in a timely manner so as not to delay the design or construction activities of the Project. 2 Revised 01/24