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[Departmental Use Only] <br />TITLE Whitted Renovation <br />FY <br />NORTH CAROLINA <br />ORANGE COUNTY <br />CONSTRUCTION AGREEMENT UNDER $1,000,000.00 <br />THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 16th <br />day of February, 2011, by and between H.M. Kern Corporation, (hereinafter called the "Contractor"), and <br />Orange County, a body politic and a political subdivision of the State of North Carolina, (hereinafter <br />called the "Owner"). <br />WITNESSETH: <br />That the Contractor and the Owner, for the consideration herein named, agree as follows: <br />1. CONTRACT DOCUMENTS; PRIORITY <br />The Contract Documents consist of this Agreement, the Request for Proposals, Proposal, <br />Construction Drawings and Written Specifications. The Contract Documents form the Contract and are <br />fully incorporated herein. In the event of any inconsistency between or among the Contract Documents <br />the Contract Documents shall be interpreted in the following order of priority: <br />a. This Agreement. <br />b. Designer Approved Bulletins and/or Field Orders. <br />c. Request for Proposals and addenda thereto. <br />d. Proposal. <br />2. SCOPE OF WORK <br />The Contractor shall furnish and deliver all of the materials, and perform all of the work <br />required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be <br />executed by the Contractor and Owner and in accordance with the following enumerated documents, <br />which are made a part hereof as if fully contained herein: <br />a. Construction Drawings prepared by Corley, Redfoot, Zack Architects, Inc. ("Designer") <br />(Sheet sections G 1.0 through G.1; C 1.0 through C2.1; A 1.0 through A3.1; 52.1 through <br />52.2; P1.0 through P4.0; M1.0 through M4.0; E1.0 through E4.0; and D.1 through D.4; all <br />sheets dated 12/20/2010; and Addendum 1 dated 12/28/2010; Addendum 2 dated <br />1 /5/2011; Addendum 3 dated 1 /7/2011; Addendum 4 dated 1 / 13/2011; Addendum 5 dated. <br />1/14/2011, and Project Specifications entitled "Orange County Health Department <br />Renovations Construction Document Bid Set Project Manual" dated 12/20/2011) <br />b. Written specifications prepared by the project engineer. <br />c. Project proposal dated January 19, 2011 which fully describes the work to be performed, <br />such work (hereinafter called the "Work"). <br />Revised December 2010 <br />