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MODIFIED AGREEMENT <br /> BETWEEN OWNER AND CONTRACTOR <br /> FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) <br /> THIS AGREEMENT is by and between Orange County,North Carolina ("Owner") and <br /> J.F. Wilkerson Contracting Company,Inc. ("Contractor"). <br /> Effective Date of Agreement: 7-36 -) '1 <br /> Owner and Contractor hereby agree as follows: <br /> ARTICLE 1 —WORK <br /> 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. <br /> The Work is generally described as follows: <br /> MORINAGA AMERICA FOODS, INC FACILITY INFRASTRUCTURE <br /> IMPROVEMENTS: the construction of approximately 2,100 linear feet of 12-inch PVC gravity <br /> sewer line on the proposed Morinaga America Foods, Inc. site and the construction of <br /> approximately 5,500 linear feet of 12-inch and 16-inch ductile iron water line in eastern Orange <br /> County along Ben Wilson Parkway (SR 1140) and along the proposed road extension of Ben <br /> Wilson Parkway to the proposed Morinaga America Foods, Inc. site complete with manholes, <br /> clearing, bore and jack encasement, restoration, fire hydrants, gate valves and related <br /> appurtenances. <br /> ARTICLE 2—ENGINEER <br /> 2.01 The Project has been designed by McGill Associates, P.A. (Engineer), which is to act as <br /> Owner's representative, assume all duties and responsibilities, and have the rights and <br /> authority assigned to Engineer in the Contract Documents in connection with the <br /> completion of the Work in accordance with the Contract Documents. <br /> ARTICLE 3—CONTRACT TIMES <br /> 3.01 Time of the Essence <br /> A. All time limits for Milestones, if any, Substantial Completion, and completion and <br /> readiness for final payment as stated in the Contract Documents are of the essence of <br /> the Contract. <br /> 3.02 Dates far Substantial Completion and Final Payment <br /> A. The Work will be substantially completed within 180 calendar days, and completed and <br /> ready for final payment in accordance with the General Conditions within 200 calendar <br /> days. <br /> EJCDC C-520 Modified Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) <br /> Copyright C 2007 National Society of Professional Engineers for EJCDC.All rights reserved. <br /> Page 1 of 7 <br /> Now <br />