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DocuSign Envelope ID:98CAB32E-1814-4C97-B61E-B14BE79B81EA <br /> [Departmental Use Only] <br /> TITLE L.O. EC Barrier Replacement <br /> FY 2021-22 <br /> NORTH CAROLINA <br /> CONSTRUCTION AGREEMENT OVER $250,000.00 <br /> ORANGE COUNTY <br /> THIS CONSTRUCTION AGREEMENT (hereinafter called"Agreement"), made as of the 18th day of <br /> January, 2022, by and between FSC 11, LLC (d.b.a. Fred Smith Company), (hereinafter called the <br /> "Contractor"), and Orange County, a political subdivision of the State of North Carolina, (hereinafter called <br /> the "County," "Orange 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 General Conditions which are fully <br /> incorporated in this Agreement, the Request for Proposals, designer approved communications and 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 /> a. This Agreement and incorporated General Conditions attached as Exhibit 1. <br /> b. Designer approved and stamped construction documents and drawings and written <br /> specifications. <br /> c. Designer approved communications and field orders. <br /> d. Request for Proposals and addenda thereto. <br /> e. Proposal. <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. Construction Drawings prepared by Alpha and Omega Group, PC (Sheet CVR, C1.0, C1.1, <br /> C2.0, C2.1, C2.2, C2.3, C3.0, C4.0, C4.1, C4.2, and C4.3 dated June 15, 2021 - BASE BID <br /> SCOPE ONLY) <br /> b. Written specifications prepared by the Designer. <br /> c. Lake Orange Erosion Control Barrier Replacement Bid proposal dated December 8, 2021 <br /> Revised 06/21 1 <br />