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[Departmental Use Only] <br /> TITLE GEO-THERMAL SYSTEM, PH 11 <br /> FY 2013-14 <br /> NORTH CAROLINA <br /> CONSTRUCTION AGREEMENT OVER$1,000,000.00 <br /> ORANGE COUNTY <br /> THIS CONSTRUCTION AGREEMENT(hereinafter called "Agreement"),made as of the 19th day of <br /> June, 2013, by and between Warren-Hay Mechanical, (hereinafter called the "Contractor"), and Orange <br /> County, a body politic and a political subdivision of the State of North Carolina, (hereinafter called the <br /> "Owner"). <br /> WITNESSETH: <br /> That the Contractor and the Owner,for the consideration herein named,agree as follows: <br /> 1. DEFINITIONS <br /> a. Change Order. A written order signed by the Owner authorizing an addition, deletion, or <br /> revision in the Work and/or an adjustment in the Contract Price and/or an adjustment in the <br /> Date of Substantial Completion. <br /> b. Contract Price. Total monies payable to the Contractor pursuant to the Contract Documents. <br /> The Contract Price may only be amended by Change Order. <br /> c. Contract Documents. All of the documents that make up the agreement between the Owner <br /> and Contractor as set out in Section 2. <br /> d. Contract Time. The number of calendar days stated in, or computed from, the Contract <br /> Documents for the completion of the Work, or any portion thereof. Time of completion as <br /> specified therein is of the essence. The time used and referred to on the Project will be that <br /> time which is observed in Hillsborough,North Carolina,being Eastern Daylight Savings Time, <br /> Eastern Standard Time, or other as designated by the Designer or Owner if no Designer is <br /> retained for the Project. <br /> e. Designer. The person or firm designated as the Designer in the Contract Documents, or their <br /> authorized representatives. The Designer, as referred to herein, shall mean architect, landscape <br /> architect, and/or engineer. They will be referred to hereinafter as if each were of the singular <br /> number,masculine gender. <br /> f. Drawings. Designer approved graphic and pictorial portions of the Contract Documents <br /> showing the design, location, and dimensions of the Work and generally including plans, <br /> elevations, sections, details,schedules,and diagrams. <br /> g. Field Order. A written order issued by the Designer which clarifies or interprets the Contract <br /> Documents or orders minor changes in the Work in accordance with the Contract Documents. <br /> h. Final Completion. The point at which the Contractor has, as determined by the Designer, <br /> completed the Work, including punchlist work and the submittal of the Affidavit in section <br /> 8(d), with the exception of guaranty and warranty obligations, and becomes entitled, upon the <br /> recommendation of the Designer and determination by the Owner,to final payment. <br /> Revised November 2011 <br />