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ORIGINAL SIGNATURES
<br /> CONSTRUCTION CONTRACT COPY * A----
<br /> DIST. �3oCC
<br /> THIS AGREEMENT, made the "" ' in the -year of 1995 by and between
<br /> Comfort Engineers, Inc., 4008 Neal Road, Durham, NC 27705 hereinafter called the Party of the First
<br /> Part and the County of Orange.North Caroli na,hereinafter called the Party of the Second Part.
<br /> WITNESSETH:
<br /> That the Party of the First Part and the Party of the Second Part for the consideration herein named
<br /> agree as follows:
<br /> 1. Scope of Work: The Party of the First Part shall furnish and deliver all of the materials, and perform
<br /> all of the work in the manner and form as provided by the following enumerated plans, specifications and
<br /> documents, which are attached hereto and made a part thereof as if fully contained herein: Advertise-
<br /> ment, Instructions to Bidders, General Conditions, Supplementary General Conditions, Specifications,
<br /> Accepted Proposal, Contract, Performance Bond, Payment Bond, Power of Attorney, Workmen's
<br /> Compensation, Public Liability, Property Damage and Builder's Risk Insurance Certificates, and
<br /> drawings, entitled: Orange County Public Works - New Vehicle Maintenance Facility, consisting of the
<br /> following sheets: Cover Cl C2 C3 C4 Al A2 A3 A4 A5 A6 A7 A8 Sl S2 S3 S4 S5 S6 Hl H2
<br /> Pl,P2.P3.El.E2.E3,E4,Fl,and F2,dated:December 1. 1994,and the following addenda
<br /> Addendum No. 1 Dated 1,(6/95 Addendum No. Dated
<br /> Addendum No. Dated Addendum No. Dated
<br /> 2. That the Party of the First Part shall commence work to be performed under this Agreement on a
<br /> date to be specified in a written order of the Party of the Second Part and shall fully complete all work
<br /> hereunder within 300 consecutive calendar days from said date. For each day in excess thereof;
<br /> liquidated damages shall be as stated in Supplementary General Conditions. The Party of the First Part,
<br /> as one of the considerations for the awarding of this Contract, shall furnish to the Party of the Second
<br /> Part a construction schedule setting forth planned progress of the project broken down by the various di-
<br /> visions or parts of the work and by calendar days. In the event that the progress of the work is not main-
<br /> tained on schedule by the Party of the First Part, or in the event the work is not completed within the
<br /> time above specified,the Party of the Second Part may upon fifteen (15) days notice, sent certified mail,
<br /> return receipt requested, to the Party of the First Part and his Surety, declare this Contract in default,
<br /> and, thereupon, such Surety shall promptly take over said work and complete the performance of this
<br /> Contract in the manner and within the time above specified, and all funds due or to become due to the
<br /> Party of the First Part shall be paid to the Surety. In the event the Surety shall fail to take over the work
<br /> to be done under this Contract within fifteen (15) days after being so notified and notify the Party of the
<br /> Second Part in writing, sent by certified mail, return receipt requested, that he is taking the same over
<br /> and stating that he will diligently pursue and complete the same,the Party of the Second Part shall have
<br /> the right to let the work remaining to be done to some other Contractor, either by public letting or
<br /> negotiation,and thereupon the Party of the First Part,the Contractor, and the Surety on his Bond shall
<br /> forthwith pay the Party of the Second Part all increase in cost or loss and damage which it may sustain
<br /> on account of such default on the part of the Party of the First Part.
<br /> CONSTRUCTION CONTRACT-Page 1 of 3
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