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• <br />J �-:5- - c <br />FORM OF CONSTRUCTION CONTRACT <br />(SINGLE PRIME CONTRACT) <br />THIS AGREEMENT, made the eighteenth day of MAY in the year of 2007 by <br />and between Carolina Green Corp., Indian Trail, North Carolina, hereinafter called the <br />Party of the First Part and Orange County, North Carolina„ hereinafter called the Party of <br />the Second Part. <br />WITNESSETH: <br />That the Party of the First Part and the Party of the Second Part for the <br />consideration herein named agree as follows: <br />1. Scope of Work: The Party of the First Part shall furnish and deliver all of the <br />materials, and perform all of the work in the manner and form as provided by the following <br />enumerated plans, specifications and documents, which are attached hereto and made a <br />part thereof as if fully contained herein: advertisement; Instructions to Bidders; General <br />Conditions; Supplementary General Conditions; specifications; accepted proposal; <br />contract; performance bond; payment bond; power of attorney; workmen's compensation; <br />public liability; property damage and builder's risk insurance certificates; and drawings, <br />titled: <br />n im <br />West Ten Soccer Center, Orange Co., NC <br />Consisting of e following sheets: ee page 00020-2 of specifications <br />Dated: April 17, 2007 and the following <br />addenda: <br />Addendum No 1 Dated: 05/01/07 Addendum No. Dated: <br />Addendum No 2 Dated: 05/04/07 Addendum No. Dated: <br />Addendum No Dated: Addendum No. Dated: <br />Addendum No Dated: Addendum No. Dated: <br />2. That the Party of the First Part shall commence work to be performed under this <br />agreement on a date to be specified in a written order of the Party of the Second Part and <br />shall fully complete all work hereunder within 120 consecutive calendar days of notice to <br />proceed. For each day in excess thereof, liquidated damages shall be as stated in <br />Supplementary General Conditions. The Party of the First Part, as one of the <br />considerations for the awarding of this contract, shall furnish to the Party of the Second <br />Part a construction schedule setting forth planned progress of the project broken down by <br />the various divisions or part of the work and by calendar days. If the Party of the First Part <br />• fails to begin the work under the contract within the time specified, or the progress of the <br />work is not maintained on schedule, or the work is not completed within the time above <br />specified, or fails to perform the work with sufficient workmen and equipment or with <br />sufficient materials to ensure the prompt completion of said work, or shall perform the work <br />