2017-358-E AMS - Tibbens Construction to remove tobacco barn on Homestead Rd.

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DocuSign Envelope ID:A294293E-AA23-4447-A1 F5-367E795AB3D8 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 8th day of August, 2017 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: August 8, 2017 through December 31, 2017. The Project Commencement Date shall be August 8, 2017. Dollar Amount Not to Exceed: Five Thousand Dollars ($5,000.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Remove old tobacco barn located on Homestead Road. Approximately 60 logs from old tobacco barn now standing on County-owned property at 2501 Homestead Road. Logs measure approximately 16 feet in length by 8" diameter. Some logs from lower portion of barn are in fair/poor condition. Include delivery of logs to a site within 3 miles of present site at 2501 Homestead Road or to the Orange County Motor Pool site located at 600 Hwy 86 North, Hillsborough. This includes the removal and disposal of all bricks, rocks, roofing materials, etc.. grade site to conditions for plantings. 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. Revised 2/17 1