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Docusign Envelope ID:A2263B78-7746-40A2-A238-D34F6FAD8083 <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 rnade 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 /> 5 <br /> Revised 01/24 <br />