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<br />SECTION L- QVITNESSETI -L That for and —in consideration of the payments to be made the CONTRACTOR at its,
<br />their,: or his own proper cost and expense and with skill and diligence, hereby agrees to do all of the work, furnish• all
<br />of the materials, labor .and equipment necessary to 'construct, complete ready for continuous use and place in
<br />operation such portion thereof as may be awarded to said Contractor, all an• accordance with the Specifications
<br />attached and the Plans and Instructions to Bidders and the Proposal, and such - detailed directions, drawings, and so
<br />forth as may be given by the Engineer from time to time during the construction, and in full compliance with the
<br />Agreement
<br />SECTION 11: The party of the fast part agrees to pay and the party of the second part agrees'to receive the prices
<br />stated in the proposal attached hereto in full compensation for furnishing materials and for all labor in moving
<br />materials and executing -all the work contemplated in this Contract; and the party of the second _part for said
<br />consideration shall be responsible for all loss or damage arising -out of the nature of the work aforesaid or from any
<br />action of the elements', or from any unforeseen 'obstruction or difficulties which may be eticountered in the
<br />prdseciition I of the work and the delivery of same, and for all risks of every description connected with the work, and
<br />furnishing the. materials, .until their final_ completion and acceptance; also for all expense incurred by or in
<br />consequence of the suspension or discontinuance of said work and furnishing -said materials, according to the Plans,
<br />Specifications, and requirements of the Engineer under them.
<br />SECTION TII: Whenever the word "OWNER" is used, it shall be- held to- mean ORANGE 'COUNTY. Whenever
<br />the word "CONTRACTOR" is used, it shall be held to mean the Contractor, or firm of Contractors, or any member
<br />of the firm contracting for any part of the work or materials herein specified, viz: The party of the second part of
<br />this .Agreement, - his their, or its authorized agent Whenever the word `.`ENGINEER" is used, it shall be held to
<br />mean the Engineer of Coulter Jewell Thames, P.A., or- his authorized representative, except as specifically provided
<br />by the Owner.
<br />SECTION IV.' The work shall .be commenced not later than the date set by the Owner in the NOTICE TO .
<br />PROCEED and diligently prosecuted to completion within the time stated in the Bid Form; thereafter, with
<br />allowance for abnormal weather. Should the work or delivery- of materials be interrupted or delayed by abnormal-
<br />weather, the time of completion shall be extended by the amount of time of said'delay or interruption caused -by
<br />abnormal weather. Abnormal weather is defined as tornados, hurricanes, floods and excessive - inclement rainy '
<br />weather above and beyond reasonable anticipated rainy weather. For-the purpose of'this Contract,'the Contractor
<br />agrees to anticipate and plan for inclement rainy weather for the number of calendar days in accordance with the
<br />following table:
<br />ALLOWANCE FOR RAINY DAYS / MONTH '
<br />Lanuary
<br />7
<br />April
<br />6
<br />July
<br />8
<br />October
<br />5
<br />February
<br />6
<br />May
<br />7
<br />August
<br />6
<br />November
<br />5
<br />March
<br />7 •
<br />June
<br />6
<br />September
<br />5
<br />December
<br />6
<br />No allowance for an extension of the contract time will be- allowed for rainy days until the above allowance has been
<br />exceeded for each month. For an allowance of additional time due to rainy weather, the Contractor will need to
<br />substantiate to the satisfaction of Orange County that there was an excess of rainy days beyond that referenced in the
<br />chart above using data from-the National Weather Service Station at RDU Airport, North Carolina or at another
<br />nearby weather station acceptable to Orange County. It is further agreed that the Board of County Commissioners
<br />shall have the right at its discretion to- extend the time -for completion of the work. The Contractor agrees to pay to
<br />the Owner as liquidated damages the sum of $ 800.00 for each consecutive calendar day that the work remains
<br />incomplete between the agreed completion date and the date of actual completion and any adjustments to the date of
<br />actual completion so approved by change order by Orange County.
<br />SECTION V: The Contractor agrees not to employ an incompetent or disorderly person on the work, and shall
<br />employ competent and experienced foremen to be in charge of the work, or subdivisions thereof
<br />SECTION VI: The Engineer shall determine the quality and quantity of the several kinds of work and materials
<br />which are to. be paid for under this Contract; and shall determine all questions in relation to lines, levels, and
<br />dimensions of the work, and in respect of the interpretation of the Plans and Specifications.
<br />SECTIONVII: The party of the first part, through the Engineer, shall have the right to make alterations, additions,
<br />modifications, or omissions in the Plans and Specifications for the work without notice to the Surety on the
<br />Performance and Payment Bonds, and such alterations, additions, modifications, or omissions shall not void or
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