Orange County NC Website
C . Paragraph 11 . 5 "PERFORMANCE BOND AND PAYMENT BOND " <br /> Delete Subparagraph 11 . 5 . 1 in its entirety and substitute in its stead the following new <br /> Subparagraph 11 . 5 . 1 : <br /> 11 . 5 . 1 If required , the Contractor, at the Owner's expense, shall furnish a performance <br /> bond and payment bond with a surety licensed to conduct business in the state where the <br /> project is located and whose limits of insurability measured by the current United States <br /> Treasury Department listing of treasury limits are at least equal to the amount of the <br /> Contract, guaranteeing the completion of the Work and performance of the Contract and <br /> the payment for all labor and materials incorporated in the Work . The amount of <br /> coverage for said bonds shall be 100 percent of the Contract Sum . <br /> XI . MODIFICATIONS OF ARTICLE 12 - UNCOVERING AND CORRECTION OF WORK <br /> A . Paragraph 12 . 2 " CORRECTION OF WORK" <br /> 1 . In Clause 12 . 2 . 2 . 1 delete the last clause of the first sentence, beginning with "the <br /> Contractor shall correct . . . and insert in its stead the new clause as follows : <br /> "the Owner shall advise the Contractor in writing of such findings and, unless <br /> Owner has previously specifically accepted such condition, in the Owner 's sole <br /> discretion, the Owner may either require Contractor to promptly correct such <br /> deficiency, or engage other entities to correct the conditions , with Contractor to <br /> bear all costs of correction in either case . " <br /> XII . MODIFICATIONS OF ARTICLE 13 - MISCELLANEOUS PROVISIONS <br /> A . Paragraph 13 . 1 " GOVERNING LAW " <br /> 1 . Delete Subparagraph 13 . 1 . 1 in its entirety and insert in its stead the following <br /> new Subparagraph 13 . 1 . 1 : <br /> The Contract, and all matters or disputes relating thereto involving the Owner, <br /> shall be governed by the law of the state of North Carolina. <br /> 2 . Add new Subparagraph 13 . 1 . 2 . <br /> 13 . 1 . 2 Claims , disputes or other matters in question between the parties to this <br /> Agreement arising out of or relating to this Agreement or breach thereof, shall be <br /> adjudicated only in the state or federal courts of North Carolina, and all parties <br /> consent to the exclusive jurisdiction of the state and federal courts of North <br /> Carolina, or the U . S . District Court . <br /> Be Paragraph 13 . 5 "TESTS AND INSPECTIONS " <br /> 1 . Add new Clause 13 . 5 . 1 . 1 as follows . <br /> 13 . 5 . 1 . 1 The Contractor shall employ an independent laboratory to conduct all <br /> testing except soil compaction, structural steel testing, and all concrete testing . <br /> The Owner shall provide an independent laboratory to conduct testing for these <br /> items . The laboratory employed by the General Contractor for all other testing <br /> shall be subject to the Architect' s approval . <br /> SGC - 17 <br />