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A 4 "n,-_4 <br />NORTH CAROLINA <br />[Departmental Use Only] <br />TITLE #30035 Link Geothermal Install <br />FY FY2011 -12 <br />CONSTRUCTION AGREEMENT-UNDER $1,000,000.00 <br />ORANGE COUNTY <br />THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 19th <br />day of September, 2011, by and between Warren Hay Mechanical Contractors, (hereinafter called the <br />"Contractor "), and Orange County, a body politic and a. political subdivision of the State of North <br />Carolina, (hereinafter called the "Owner "). <br />WITNES SETH: <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 Reece, Noland & McElrath, Inc. (Sheet set including <br />CO.1, MO.1, M1.1; M1.2, M2.1, M3.1, M4.1, M5.1, M5.2, E1.1, E2.1, E3.1 dated <br />6/24/2011) <br />b. Written .specifications prepared by the project engineer. <br />c. Bid proposal dated June 27, 2011 which fully describes the work to be performed, such <br />work (hereinafter called the "Work "). <br />d. Related documents listed under Section 1 above. <br />Revised December 2010 1 <br />5 <br />