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Revised 01/24 1 <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 />W I T N E S S E T H: <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 />Docusign Envelope ID: D4F3B98E-0756-4A0C-A3AD-05AA32D39F1C