Orange County NC Website
Browse       Search
this Agreement the term or condition in this Agreement shall control. Should <br /> such conflict arise the priority of documents shall be as follows: This Agreement, <br /> the County's RFP together with attachments, Provider's Proposal together with <br /> attachments. <br /> ii) The Basic Services will be performed by the Provider in accordance with the <br /> following schedule: (Insert task list and milestone dates) <br /> Task Milestone Date <br /> 1. Schematic Design(15%) 10/15/2013 <br /> 2. Final Design, CDs(65%) 1/31/2014 <br /> 3. Project Bid Phase(70%) 4/28/2014 <br /> 4. Construction(95%) 3/1/2015 <br /> 5. Commissioning (100%) 3/1/2015 <br /> 6. Grand Opening(100%) 3/1/2015 <br /> 7. N/A <br /> 8. N/A <br /> 9. N/A <br /> 10.N/A <br /> iii) Should County reasonably determine that Provider has not met the Milestone <br /> Dates established in Section 3(a)(ii), County shall notify Provider of the failure to <br /> meet the Milestone Date. The County, at its discretion may provide the Provider <br /> seven (7) days to cure the breach. County may withEold the accompanying <br /> payment without penalty until such time as Provider cures the breach. In the <br /> alternative, upon Provider's failure to meet any Milestone: Date the County may <br /> modify the Milestone Date schedule. Should Provider or i--,s representatives fail to <br /> cure the breach within seven(7) days, or fail to reasonably agree to such modified <br /> schedule, County may immediately terminate this Agreement in writing, without <br /> penalty or incurring further obligation to Provider. This section shall not be <br /> interpreted to limit the definition of breach to the failure to meet Milestone Dates. <br /> 4. Duration of Services <br /> a. Term. The term of this Agreement shall be from June 20, 2013 to May 1, 2015. <br /> b. Scheduling of Services <br /> i) The Provider shall schedule and perform his activities in a.timely manner so as to <br /> meet the Milestone Dates listed in Section 3. <br /> ii) Should the County determine that the Provider is behind schedule, it may require <br /> the Provider to expedite and accelerate his efforts, including providing additional <br /> resources and working overtime, as necessary, to perform his services in <br /> accordance with the approved project schedule at no additional cost to the <br /> County. <br /> iii) The Commencement Date for the Provider's Basic Services shall be June 20, <br /> 2013. <br /> Revised July 2010 3 <br />