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<br />Revised 01/24 <br /> <br /> <br />1 <br /> [Departmental Use Only] <br /> TITLE Fairview Park Tennis Expan. <br /> FY 2024-2025 <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 sixteenth <br />day of October, 2024, by and between H.M. Kern , (hereinafter called the “Contractor”), and Orange County, a <br />political subdivision of the State of North Carolina, (hereinafter called the “County,” “Orange County,” or <br />“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 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 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 C0.0-Cover; C1.0-Overall <br />Existing Conditions; C1.1-Enlarged Existing Conditions; C2.0-Overall Site Plan; C2.1- <br />Enlarged Site Plan; C3.0-Enlarged Grading and Storm Drainage; C4.0-Overall Utilities; C5.0- <br />Enlarged Sedimentation and Erosion Control; C6.0-Details; C6.1-Details dated August 15, <br />2024) <br /> <br />b. Written specifications prepared by the Designer. <br />Docusign Envelope ID: BC2F5A53-4A4D-4A43-BA5E-2B15089F70A6