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6 <br /> 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: <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 /> EFLAND SEWER TO MEBANE PHASE 2 EXTENSION: the construction of approximately <br /> 1,000 linear feet of 8-inch gravity sewer line, approximately 6,600 linear feet of 12-inch gravity <br /> sewer line, approximately 675 linear feet of 10-inch sewer force main, approximately 17,560 linear <br /> feet of 12-inch sewer force main, and construction of a submersible sewer pumping station in <br /> western Orange County, complete with manholes, clearing, bore and jack encasement, directional <br /> drilling, restoration, and related 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 for Substantial Completion and Final Payment <br /> A. The Work will be substantially completed within 330 calendar days, and completed and <br /> ready for final payment in accordance with the General Conditions within 360 calendar <br /> days. <br /> EJCDC C-520 Modified Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) <br /> Copyright©2007 National Society of Professional Engineers for EJCDC.All rights reserved. <br /> Page 1 of 7 <br />