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~~ y~ <br />[Departmental Use Only] <br />TITLE Boiler & Pump Replacement <br />FY 2011 <br />NORTH CAROLINA <br />ORANGE COUNTY <br />CONSTRUCTION AGREEMENT UNDER $250,000.00 <br />THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 18`~ day of <br />February , 2011, by and between Trademasters Services, Inc, (hereinafter called the "Contractor"), and Orange <br />County, a body corporate and politic and a political subdivision of the State of North Carolina, (hereinafter called <br />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 required by this <br />Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and <br />Owner and in accordance with the following enumerated documents, which are attached hereto and made a part <br />hereof as if fully contained herein: <br />a. Construction Drawings prepared by n/a (Sheet n/a dated n/a) <br />b. Written specifications prepared by the project engineer. <br />c. 1614 proposal dated January 13, 2011 which fully describes the work to be performed, such work <br />hereinafter called the "Work". <br />d. Other documents as follows: bid 1614, Trademasters response to 1614. <br />2. TERM AND SCHEDULING <br />a. The Contractor agrees to commence work on the date of the executed original of this Agreement <br />and agrees to complete fully all Work included by March 18, 2011. <br />b. Time is of the essence with respect to all dates specified in the Contract Documents as Completion <br />Dates. <br />c. The Contractor shall perform the Work in the time, manner and form required by the Contract <br />Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and <br />Owner. <br />d. It is expressly understood that the Owner will employ other contractors to perform work as a part <br />of the Project whose work will be performed simultaneously and sequentially with the performance <br />of the Work by the Contractor. It shall be necessary for the Contractor to coordinate its activities <br />with such other contractors, particularly with respect to access to work areas, storage of materials <br />and other common facilities. <br />e. Should the Owner determine that the Contractor is behind schedule, it may require the Contractor <br />to expedite and accelerate its efforts, including providing additional resources and working <br />overtime, as necessary, to perform the Work in accordance with the approved project schedule at <br />no additional cost to the Owner. <br />Revised December 2010 <br />