2016-690-E AMS - Tibbens Construction for Whitted service window and FACP doors

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DocuSign Envelope ID:96B6106E-06EB-4C14-92AA-B8A2C24D51 D9 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 5th day of December, 2016 by and between Orange County, North Carolina(hereinafter the "Owner") party of the first part; and Tibbens Construction (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 AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: December 5, 2016 through December 31, 2016. The Project Commencement Date shall be December 5, 2016. Dollar Amount Not to Exceed: Thirteen Thousand Four Hundred Fifty Dollars ($13,450.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Install service window and fire alarm control panel door covering per drawings T-1 dated 10-18-16, A-1 dated 10-21-16, A-2 dated 10-21-16 per proposal# 159 dated 11/15/16. 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. 3. 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. 4. RELATIONSHIP OF PARTIES Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship Revised 6/16 1