Orange County NC Website
Revised 11/19 3 <br /> 1. Prelim. Design Report and Topographic Survey 1 month after NTP <br /> 2. Subsurface Exploration 1 month after NTP <br /> 3. EC & Retaining Wall Construction Docs (PS&E) 3.5 months after NTP <br /> 4. <br /> 5. <br /> 6. <br /> 7. <br /> 8. <br /> 9. <br /> 10. <br /> <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) days <br />to cure the breach. County may withhold the accompanying payment without penalty until such <br />time as Consultant cures the Breach. In the alternative, upon Consultant’s failure to meet any <br />Milestone Date the County may modify the Milestone Date schedule. Should Consultant or its <br />representatives fail to cure the breach within seven (7) days, or fail to reasonably agree to such <br />modified schedule County may immediately terminate this Agreement in writing without penalty <br />or incurring further obligation to Consultant. This section shall not be interpreted to limit the <br />definition of breach to the failure to meet Milestone Dates. <br /> <br />ARTICLE 4 DURATION OF SERVICES <br /> <br /> 4.1 Scheduling of Services <br /> <br /> 4.1.1 The Consultant shall schedule and perform his activities in a timely manner so as to <br />meet the Milestone Dates listed in Article 3. <br /> <br /> 4.1.2 Should the County determine that the Consultant is behind schedule, it may require <br />the Consultant to expedite and accelerate his efforts, including providing additional resources and <br />working overtime, as necessary, to perform his services in accordance with the approved project <br />schedule at no additional cost to the County. <br /> <br /> 4.1.3 The Commencement Date for the Consultant's Basic Services shall be July 17, 2020. <br /> <br />ARTICLE 5 COMPENSATION <br /> <br /> 5.1 Compensation for Basic Services <br /> <br /> 5.1.1 Compensation for Basic Services shall include all compensation due the Consultant <br />from the County for all services satisfactorily (as determined by the County) performed pursuant <br />to this Agreement except for any authorized Reimbursable Expenses which are defined herein. <br />The maximum amount payable for Basic Services is FIFTY THOUSAND ONE HUNDRED <br />TWENTY Dollars ($50,120.00). Payment for Basic Services shall become due and payable in <br />direct proportion to satisfactory services performed and work accomplished. Payments will be <br />made as percentages of the whole as Project milestones as set out in Section 3.1.2 are achieved. <br />(For example, if there are 10 Project Tasks with Milestone Dates then Consultant may invoice for <br />the first 10% of the whole upon County’s acknowledgement of the satisfactory completion of Task <br />DocuSign Envelope ID: F08C6043-A165-4B95-9C6F-D2E8524A0B94