S Bid Award - West Ten Soccer Field Construction and Irrigation Project

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~J i• FORM OF CONSTRUCTION CONTRACT (SINGLE PRIME CONTRACT) THIS AGREEMENT, made the eighteenth day of MAY in the year of 2007 by and between Carolina Green Corp., Indian Trail, North Carolina, hereinafter called the Party of the First Part and Orange County, North Carolina„ hereinafter called the Party of the Second Part. WITNESSETH: • That the Party of the First Part and the Party of the Second Part for the consideration herein named agree as follows: 1. Scope of Work: The Party of the First Part shall furnish and deliver all of the materials, and perform all of the work in the manner and form as provided by the following enumerated plans, specifications and documents, which are attached hereto and made a part thereof as if fully contained herein: advertisement; Instructions to Bidders; General Conditions; Supplementary General Conditions; specifications; accepted proposal; contract; performance bond; payment bond; power of attorney; workmen's compensation; public liability; property damage and builder's risk insurance certificates; and drawings, titled: onsis ing o e o owing s ee s: ee page - o specs ica ions Fiel onstruction and rrigation Improvements _ West Ten Soccer Center, Orange Co., NC Dated : ..April 17, 2007 and the following addenda: Addendum No 1 Dated: 05/01/07 Addendum No. Dated: Addendum No 2 Dated: 05/04/07 Addendum No. Dated: Addendum No Dated: Addendum No. Dated: Addendum No Dated: Addendum No. Dated: 2. That the Party of the First Part shall commence work to be performed under this agreement on a date to be specified in a written order of the Party of the Second Part and shall fully complete all work hereunder within 120 consecutive calendar davs of notice to proceed. For each day in excess thereof, liquidated damages shall be as stated in Supplementary General Conditions. The Party of the First Part, as one of the considerations for the awarding of this contract, shall furnish to the Party of the Second Part a construction schedule setting forth planned progress of the project broken down by the various divisions or part of the work and by calendar days. If the Party of the First Part fails to begin the work under the contract within the time specified, or the progress of the work is not maintained on schedule, or the work is not completed within the time above specified, or fails to perform the work with sufficient workmen and equipment or with sufficient materials to ensure the prompt completion of said work, or shall perform the work