Orange County NC Website
Browse       Search
a . Generally. Provider shall design, engineer, and construct the Network at its sole risk and <br /> expense , in a manner consistent with all requirements set forth in this Agreement . All <br /> engineering and design work performed by or on behalf of Provider requiring any certifications <br /> or licenses shall be so certified or licensed, and all design documents requiring stamping, or <br /> which are customarily stamped, shall be properly stamped by a professional engineer licensed <br /> in the State of North Carolina . Provider shall procure and install all Network facilities and <br /> equipment, shall supervise and coordinate work by Provider contractors , and shall obtain all <br /> necessary Authorizations relating to Network construction and activation . Provider shall <br /> perform , or supervise and direct the Work, using Provider ' s best skill and attention, and shall be <br /> solely responsible for, and have control over, construction means , methods , techniques , <br /> sequences , and procedures , and for coordinating all portions of the Work, unless the Parties agree <br /> in writing to other specific instructions concerning these matters . Under no circumstances shall <br /> County be responsible for a failure by Provider to perform , or supervise , and direct the Work in <br /> accordance with this Agreement or Applicable Standards . County shall not have control or <br /> charge over, and will not be responsible for, acts or omissions of Provider or any other persons <br /> or entities performing portions of the Work . <br /> b . Provider shall construct the Network to Pass all locations identified in Attachment B , in <br /> accordance with the Construction Plan and Timeline and within the timeframes described in <br /> this Agreement . <br /> (1) Should there be any locations discovered within the County that are 1 ) not listed in the <br /> Mutually Agreed Service Sites in Attachment B , 2 ) not included in any other grant <br /> supported project area such as RDOF , and 3 ) be unserved, then that site shall , subject <br /> to the limitations of section 7 (g) (1ii) , automatically be added to the Mutually Agreed <br /> Service Sites in Attachment B and to the number of locations required to be served for <br /> the third disbursement . Upon discovering such a location, the initial Parry shall provide <br /> notice to the other within thirty days and the other Party shall provide confirmation <br /> within an additional thirty days . Notwithstanding the foregoing, if the cost to build to <br /> such locations is greater than twice the average cost set forth by Provider in Provider ' s <br /> response to the Request for Proposal , such location(s) shall not be added to the <br /> Mutually Agreed Service Sites in Attachment Be <br /> c . Construction Plan and Timeline . A Construction Plan and Timeline , consisting of a Network <br /> design, a construction schedule , and quarterly construction activities is included as Attachment <br /> C to this Agreement . Provider represents that the Construction Plan and Timeline was prepared <br /> after Provider reviewed and verified materials , field measurements , field construction criteria, <br /> geographic and geologic features , and regulations and permitting requirements applicable to <br /> the Network sections . Provider will perform the Work in accordance with the Construction <br /> Plan . <br /> d . Modifications to Construction Plan . <br /> (1) If, during construction, Provider reasonably determines that a deviation from the <br /> Construction Plan (including the construction schedule included therein) is required or <br /> appropriate , Provider may do so without prior notice or approval from the County <br /> provided that each of the following elements are met : (1) the fiber route as shown in <br /> the Construction Plan remains ) the quality, effectiveness <br /> substantially unchanged ; (ii <br /> 5 <br />