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3 <br /> [Departmental Use Only] <br /> TITLE Splex HVAC Pool <br /> FY 2024-2025 <br /> NORTH CAROLINA <br /> CONSTRUCTION AGREEMENT OVER$250,000.00 <br /> ORANGE COUNTY <br /> THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 7th day of <br /> March, 2025, by and between Comfort Systems USA (MidAtlantic) LLC, (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 Progressive Design Collaborative, Ltd (PDC) (Sheet <br /> G1.01, M0.00, M0.01, M0.02, M1.01, M1.02, M5.01, M6.01, M7.01, E0.00, E0.01, E1.01, <br /> E2.01, E3.01 dated 11/18/2024) <br /> b. Written specifications prepared by the Designer. <br /> c. Comfort Systems USA (Mid Atlantic) LLC proposal dated January 9, 2025 which fully <br /> Revised 01/24 1 <br />