2012-113 AMS - Schindler Elevator Corporation

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_Please return this copy to the Clerk to the Board's _ office for permanent agenda files NORTH CAROLINA CONSTRUCTION SERVICES A M,5 AGREEMENT UNDER $25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement "), is made and entered into this 11th day of May, 2012 by and between Orange County, North Carolina (hereinafter the "Owner ") party of the first part; and Schindler Elevator Corporation (hereinafter the "Contractor "), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM Beginning and ending dates of contract: May 11, 2012 through July 31, 2012. The Project Commencement Date shall be May 14, 2012. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Nine Thousand One Hundred Fifty Dollars ($9,150) 3. SERVICES Contractor agrees to provide the following construction services (the "Work "): Whitted Building A elevator fire safety service improvements per attached scope entitled "Upgrade Order Agreement" dated April 5, 2012 Contractor shall not sub - contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 4. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 5. RELATIONSHIP OF PARTIES Revised November 2011 1