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Revised 06/21 3 <br />bids that are within the approved total project cost initially or after negotiations <br />with the contractor the cost is not reduced to an amount within the total project <br />cost, the Provider is not obligated to engage in further redesign. <br /> <br />vii) (Stricken as Project Specific Revision 2/10/23) <br /> <br />3. Basic Services <br /> <br />a. Basic Services. <br /> <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 5374 for “ <br />ii) Commissioning Services <br />iii) For the Southern Human Services HVAC Replacement Project ” issued October <br />10, 2022, and the Provider’s proposal, which are fully incorporated and integrated <br />herein by reference together with Attachments A - MBP Proposal dated January 23, <br />2023 (designate all attachments). In the event a term or condition in any referenced <br />document or attachment conflicts with a term or condition of this Agreement the <br />term or condition in this Agreement shall control. Should such conflict arise the <br />priority of documents shall be as follows: This Agreement, the County’s RFP <br />together with attachments, Provider’s Proposal together with attachments. <br /> <br />iv) 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. N/A Follow Construction Schedule <br /> <br /> 2. <br /> 3. <br /> 4. <br /> 5. <br /> 6. <br /> 7. <br /> 8. <br /> 9. <br /> 10. <br /> <br /> <br />v) 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 />DocuSign Envelope ID: 8ACCEDA1-F3A1-4FA9-AD3D-88B64E63B0A7