Orange County NC Website
Browse       Search
7 <br /> 3.1.2 The Basic Services will be performed by the Consultant in accordance with the <br /> following schedule: (Insert task list and milestone dates) <br /> Task Milestone Date <br /> 1. PH 1/2 - Schematic Design,probable ost estimation Winter, 2017 to spring, 2018 <br /> 2. PH 1/2 - Design Development Spring, 2018 <br /> 3. PH 1/2 - Construction Documents Spring, 2018 to winter, 2018 <br /> 4. PH 1 - State and Local Approvals Winter, 2018 <br /> 5. PH 1 - Bidding and Award Winter, 2018 <br /> 6. PH 1 - Construction Administration Winter, 2018 to winter, 2019 <br /> 7. PH 1 - Project Close Out Winter, 2019 <br /> 8. PH 1 - Training/Transition Winter, 2019 <br /> 9. PH 2 - State and Local Approvals Summer, 2019 <br /> 10. PH 2 - Bidding and Award Summer, 2019 <br /> 11. PH 2 - Construction Administration Summer, 2019 to Summer, 2020 <br /> 12. PH 2 - Project Close Out Fall, 2020 <br /> 13. PH 2 - Training/Transition Fall, 2020 <br /> 3.1.3 Should County reasonably determine that Consultant has not met the Milestone <br /> Dates established in Section 3.1.2 of this Article, County shall notify Consultant of the failure to <br /> meet the Milestone Date. The County, at its discretion may provide the Consultant seven (7) <br /> days to cure the breach. County may withhold the accompanying payment without penalty until <br /> such time as Consultant cures the Breach. In the alternative, upon Consultant's failure to meet <br /> any Milestone Date the County may modify the Milestone Date schedule. Should Consultant or <br /> its representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to <br /> such modified schedule County may immediately terminate this Agreement in writing without <br /> penalty or incurring further obligation to Consultant. This section shall not be interpreted to <br /> limit the definition of breach to the failure to meet Milestone Dates. <br /> 3.1.4 Consultant shall provide County a preliminary estimate of the total project cost <br /> based on the Consultant's judgment as an architect. It is recognized however, that neither the <br /> consultant nor the Client has control over the cost of labor, materials, or equipment; the <br /> contractor's methods of determining bid prices; or competitive bidding, market or negotiating <br /> conditions. This estimated total project cost shall be used by the County as a basis for <br /> appropriating funds specifically for the project. Once this estimated total project cost has been <br /> received by the County the Consultant shall be obligated, without additional compensation, to <br /> adjust the design of the project so that it remains within the estimated total project cost. Should <br /> bidding or negotiation with contractors produce prices which produce a cost that is in excess of <br /> the estimated total project cost, the Consultant shall participate with the County in negotiating <br /> the cost with the contractors. If negotiations fail to reduce the bid price to below the estimated <br /> project cost, or at the County's discretion an increased total project cost, the designer will <br /> redesign and/or reduce portions of the project in an effort to reduce the bid prices to within the <br /> total project cost and rebid the project. If the second bidding does not reduce costs sufficiently to <br /> be within the approved total project cost initially or after negotiations with the contractor, and the <br /> County wishes to continue to rework and rebid the project, this iteration will be outside of the <br /> Basic Services and the designer is free to negotiate for additional services. All activity of the <br /> Consultant with respect to these matters shall constitute Basic Services and shall be performed <br /> by the Consultant without additional compensation. <br /> Revised 2/17 <br /> 3 <br />