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SECTION I: W1TNESSETH,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 in 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 I1: The party of the first 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 encountered in the
<br /> prosecution'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 Ill: Whenever the word"OWNER" is used, it shall be held to mean ORANG)B'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 shaII 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 1V: The work shall'be commenced not Iater 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 tune of said'delay or interruption caused by
<br /> abnormal weather. Abnormal weather ii 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 /> January 7 Aril 6 July 8 October 5
<br /> February 6 May 7 August 6 November 5
<br /> March 7 June 6 September 5 December 6
<br /> No allowance for an extension of the contract time will be.aliowed 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$80o.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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