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[Departmental Use Only] <br />TITLE <br />FY <br />NORTH CAROLINA <br />BROADBAND AGREEMENT <br />ORANGE COUNTY <br />K <br />THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 5th day of <br />September, 2018, by and between Open Broadband, LLC, (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 />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 Orange County Request for Proposals (RFP) <br />#5251 — Broadband Service to Unserved Areas, the Open Broadband RFP Response for Orange County NC <br />Broadband Service dated of June 13, 2018. The Contract Documents form the Contract. In the event of any <br />inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the <br />following order of priority: <br />a. This Agreement <br />b. Orange County Broadband Request for Proposals and addenda thereto. <br />The Service Area Map (Attachment A) and its associated electronic data including GIS address <br />points in KMZ format (incorporated by reference), hereinafter collectively called "Service <br />Area Map." <br />d. Mutually Agreed Test Sites (Attachment B) <br />e. Contractor Proposals. <br />2. SCOPE OF WORK <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 />a. Open Broadband, LLC proposal "RFP #5251 Response for Orange County, NC" dated <br />June 13, 2018 which fully describes the work to be performed, such work (hereinafter called <br />the "Work "). <br />(i) "Pilot Program 1" consists of Service Areas 1, 2, and 3 as shown on the Service Area <br />Map and is associated with Funds request of $385,280. <br />(ii) "Pilot Program 2" consists of Service Area 10 as shown on the Service Area Map and <br />