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DocuSign Envelope ID:865881 C3-FBC1-4A19-8098-B2B092F29435 <br /> [Departmental Use Only] <br /> TITLE Sportsplex Field House <br /> FY FY2016-17 <br /> NORTH CAROLINA <br /> DESIGN BUILD CONTRACT <br /> ORANGE COUNTY <br /> THIS DESIGN BUILD CONTRACT (hereinafter called "Agreement"), made as of the 2nd day of <br /> May, 2017, by and between T.A. Loving Company, (hereinafter called the "Design-Builder" or "Contractor"), <br /> and Orange County, a body politic and a political subdivision of the State of North Carolina, (hereinafter <br /> called the "County," "Orange County," or"Owner"). <br /> For the Project: Orange County Sportsplex Field House <br /> WITNESSETH: <br /> Whereas the Owner published a Request for Qualifications ("RFQ"), the 14th day of January, 2016 seeking <br /> the submission of Statements of Qualifications to act as a design builder to furnish professional design and <br /> construction services during the design and construction of the Project identified and described in that <br /> Request for Qualifications; and <br /> Whereas the undersigned Design-Builder submitted a responsive Statement of Qualifications dated February <br /> 11th, 2016; and <br /> Whereas the Owner has evaluated the Statement of Qualifications entitled "RFQ 5128 for Design-Build <br /> Services Orange County Sportsplex Fieldhouse" and approved, on September 6, 2016, the selection of the <br /> undersigned Design-Builder to furnish professional design and construction services during the pre- <br /> construction, design and construction phases of the Project; and <br /> Whereas the Design-Builder and the Owner now wish to form and memorialize their agreement for design <br /> build services. <br /> Now therefore, for the consideration hereinafter set forth, the Design-Builder and the Owner agree as follows: <br /> 1. CONTRACT DOCUMENTS; PRIORITY <br /> The design-build documents (hereinafter called "Contract Documents") consist of this Agreement, <br /> the Supplementary Conditions which are fully incorporated into this Agreement and any subsequent <br /> Modifications to this Agreement, the RFQ and addenda thereto, and the Statement of Qualifications. The <br /> Contract Documents form the Contract. In the event of any inconsistency between or among the Contract <br /> Documents the Contract Documents shall be interpreted in the following order of priority: <br /> (i) This Agreement and incorporated Supplementary Conditions attached as Exhibit 1 and <br /> any subsequent modifications to this Agreement. <br /> (ii) Approved Not-To-Exceed Guaranteed Maximum Price ("Approved GMP") and related <br /> supporting information to be attached as Exhibit 2. <br /> (iii) Amendments to the Guaranteed Maximum Price.("Amendment") <br /> (iv) Change Directives. <br /> (v) Field Orders. <br /> Revised 6/16 1 <br />