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3 Revised 01/24 <br />i) The Provider shall perform as Basic Services the work and services described herein <br />and as specified in the County’s Request for Proposals or Request for Qualifications <br />(the “RFP”) “RFP Number 367-OC5414 for “Lake Orange Intake Tower <br />Rehabilitation-Replacement: Design, Permitting, Bidding & Award, and <br />Construction Phase Services” issued April 5, 2024, and the Provider’s proposal, June <br />3, 2024, which are fully incorporated and integrated herein by reference together with <br />Attachments N/A (designate all attachments). In the event a term or condition in any <br />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 conflict <br />arise the priority of documents shall be as follows: This Agreement, the County’s <br />RFP together with attachments, Provider’s Proposal together with 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 are <br />not established mark N/A under Milestone Task 1.) <br /> <br />Milestone Task <br />1. Kickoff and Field Investigations <br />Milestone Date Milestone Fee <br /> December 20, 2024 $48,000 <br />2. Alternatives Analysis February 20, 2025 $48,000 <br />3. 60% Design May 20, 2025 $48,000 <br />4. 95% Design August 20, 2025 $48,000 <br />5. 100% Design and Permitting November 20, 2025 $48,000 <br />6. Bidding and Award January 20, 2026 $48,000 <br /> <br />7. <br />8. <br />9. <br />10. <br />ALL DATES ABOVE ASSUME A NOVEMBER 1, 2024 NOTICE TO PROCEED. <br /> <br />iii) Should County reasonably determine that Provider has not met the Milestone Dates <br />established in Section 3(a)(ii), County shall notify Provider of the failure to meet <br />the Milestone Date. The County, at its discretion may provide the Provider seven <br />(7) days to cure the breach. County may withhold the accompanying payment <br />without penalty until such time as Provider cures the breach. In the alternative, <br />upon Provider’s failure to meet any Milestone Date the County may modify the <br />Milestone Date schedule. Should Provider or its representatives fail to cure the <br />breach within seven (7) days, or fail to reasonably agree to such modified schedule, <br />County may immediately terminate this Agreement in writing, without penalty or <br />incurring further obligation to Provider. This section shall not be interpreted to <br />limit the definition of breach to the failure to meet Milestone Dates. <br />Docusign Envelope ID: AD8B6265-05E0-485E-B34C-07276CB77A52