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<br />Revised 10/17 <br /> <br /> <br />1 <br /> [Departmental Use Only] <br /> TITLE Passmore Expansion <br /> FY 2017/18 <br />NORTH CAROLINA <br /> CONSTRUCTION AGREEMENT OVER $250,000.00 <br />ORANGE COUNTY <br /> <br /> THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 23rd day of <br />January, 2018, by and between H.M. Kern Corporation, (hereinafter called the “Contractor”), and Orange <br />County, a political subdivision of the State of North Carolina, (hereinafter called the “County,” “Orange <br />County,” or “Owner”). <br /> <br /> <br />W I T N E S S E T H: <br /> <br /> That the Contractor and the Owner, for the consideration herein named, agree as follows: <br /> <br />1. CONTRACT DOCUMENTS; PRIORITY <br /> <br /> The Contract Documents consist of this Agreement, the General Conditions which are fully <br />incorporated in this Agreement, the Request for Proposals, designer approved communications and/or field <br />orders, the Proposal, Construction Documents and Drawings and Written Specifications. The Contract <br />Documents form the Contract. 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 /> <br />a. This Agreement and incorporated General Conditions attached as Exhibit 1. <br /> <br />b. Designer approved and stamped construction documents and drawings and written <br />specifications. <br /> <br />c. Designer approved communications and/or field orders. <br /> <br />d. Request for Proposals and addenda thereto. <br /> <br />e. Proposal. <br /> <br />2. SCOPE OF WORK <br /> <br /> The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible <br />for all of the Work required by this Agreement within the time period stipulated in a written Notice-to-Proceed <br />to be 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 /> <br />a. Construction Drawings prepared by CRA Associates, Inc. (Sheet Construction Set (Drawing <br />list attached) dated 10/30/2017) <br /> <br />b. Written specifications prepared by the Designer. <br /> <br />c. H.M. Kern Corporation proposal dated December 7, 2017 which fully describes the work to <br />be performed, such work (hereinafter called the “Work”). <br />4