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Revised 07/20 3 <br />i) The Provider shall perform as Basic Services the work and services described <br />herein and as specified in the County’s Request for Proposals or Request for <br />Qualifications (the “RFP”) “RFP Number 5280 for “Commissioning Services For <br />the Northern Campus Facilities” issued January 15, 2020, and the Provider’s <br />proposal, which are fully incorporated and integrated herein by reference together <br />with Attachments Facility Dynamic Engineering Corporation proposal dated <br />February 14, 2020 (designate all attachments). In the event a term or condition in <br />any referenced document or attachment conflicts with a term or condition of this <br />Agreement the term or condition in this Agreement shall control. Should such <br />conflict arise the priority of documents shall be as follows: This Agreement, the <br />County’s RFP together with attachments, Provider’s Proposal together with <br />attachments. <br /> <br />ii) The Basic Services will be performed by the Provider in accordance with the <br />following schedule: (Insert milestones task list, dates and fees. If milestones <br />are not established mark N/A under Milestone Task 1.) <br /> <br />Milestone Task Milestone Date Milestone Fee <br /> 1. Commissioning 10/23/2020 $109,816.00 <br /> 2. <br /> 3. <br /> 4. <br /> 5. <br /> 6. <br /> 7. <br /> 8. <br /> 9. <br /> 10. <br /> <br /> <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 withhold 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 its 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 /> <br />4. Duration of Services <br /> <br />a. Term. The term of this Agreement shall be from October 23, 2020 to August 31, 2021. <br /> <br />b. Scheduling of Services <br />i) The Provider shall schedule and perform its activities in a timely manner so as to <br />meet the Milestone Dates listed in Section 3. <br />DocuSign Envelope ID: 800B6267-72A1-4D51-9E6B-C99079CFE415