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4 <br /> [Departmental Use Only] <br /> TITLE GHMS Wetland Retrofit—HGS <br /> FY 23-24 <br /> NORTH CAROLINA <br /> CONSTRUCTION AGREEMENT OVER $250,000.00 <br /> ORANGE COUNTY <br /> THIS CONSTRUCTION AGREEMENT (hereinafter called"Agreement"), made as of the 12th day of <br /> December, 2023, by and between HGS, LLC T/A RES Environmental Operating Company, LLC, (hereinafter <br /> called the"Contractor"), and Orange County,a political subdivision of the State of North Carolina, (hereinafter <br /> called 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 orders, <br /> the Proposal,Construction Documents and Drawings and Written Specifications. The Contract Documents form <br /> the Contract. In the event of any inconsistency between or among the Contract Documents the Contract <br /> 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 for <br /> all of the Work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to <br /> be executed by the Contractor and Owner and in accordance with the following enumerated documents, which <br /> are made a part hereof as if fully contained herein: <br /> a. Construction Drawings prepared by Timmons Group (Sheet No. 1 through Sheet No. 12 dated <br /> February 17, 2023) <br /> b. Written specifications prepared by the Designer. <br /> c. HGS, LLC T/A RES Environmental Operating Company, LLC proposal dated September 5, <br /> 2023 which fully describes the work to be performed,such work(hereinafter called the"Work"). <br /> Revised 04/23 1 <br />