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NORTH CAROLINA <br /> CONSTRUCTION AGREEMENT UNDER$100,000.00 <br /> ORANGE COUNTY <br /> THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 23rd <br /> day of April, 2010, by and between Owens Roofing, Inc., (hereinafter called the "Contractor"), and <br /> Orange County, a body corporate and politic and a political subdivision of the State of North Carolina, <br /> (hereinafter called the "Owner"). <br /> WITNESSETH: <br /> That the Contractor and the Owner, for the consideration herein named, agree as follows: <br /> 1. SCOPE OF WORK <br /> The Contractor shall furnish and deliver all of the materials, and perform all of the work <br /> required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be <br /> executed by the Contractor and Owner and in accordance with the following enumerated documents, <br /> which are attached hereto and made a part hereof as if fully contained herein: <br /> • Construction Drawings prepared by 5thWall Building Diagnostics Consultants (Sheet 1.0.1 <br /> dated January 12, 2010) <br /> • Minutes of Pre-bid Conference dated January 21, 2010. <br /> • Link Government Services Center Remedial Roofing proposal dated February 1, 2010 which <br /> fully describes the work to be performed, such work hereinafter called the "Work". <br /> 2. TERM AND SCHEDULING <br /> a. The Contractor agrees to commence work executed original of this Agreement and agrees <br /> to complete fully all Work included by July 16, 2010. <br /> b. Time is of the essence with respect to all dates specified in the Contract Documents as <br /> Completion Dates. <br /> c. The Contractor shall perform the Work in the time, manner and form required by the <br /> Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the <br /> Contractor and Owner. <br /> d. It is expressly understood that the Owner will employ other contractors to perform work as <br /> a part of the Project whose work will be performed simultaneously and sequentially with <br /> the performance of the Work by the Contractor. It shall be necessary for the Contractor to <br /> coordinate its activities with such other contractors, particularly with respect to access to <br /> work areas, storage of materials and other common facilities. <br /> e. Should the Owner determine that the Contractor is behind schedule, it may require the <br /> Contractor to expedite and accelerate its efforts, including providing additional resources <br /> and working overtime, as necessary, to perform the Work in accordance with the approved <br /> project schedule at no additional cost to the Owner. <br /> 3. STANDARD OF CARE <br /> a. The Contractor shall exercise reasonable care and diligence in performing the Work in <br /> Revised January 2010 1 <br />