2019-046-E AMS - Warren Hay replace Eno Mountain communications tower unit

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Revised 12/18 1 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER $50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter “Agreement”), is made and entered into this 4th day of February, 2019 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Warren - Hay Mechanical Contractors Inc. (hereinafter the "Contractor"), party of the second part; W I T N E S S E T H: 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: February 4, 2019 through March 31, 2019. The Project Commencement Date shall be February 4, 2019. Dollar Amount Not to Exceed: Five Thousand Four Hundred Ninety Eight Dollars ($5,498.00) 2. SERVICES Contractor agrees to provide the following construction services (the “Work”): Provide all labor and materials to provide and install (1) 3-ton 14 Seer split system to replace the existing Payne air handler located at the Eno Mountain Communication Tower per proposal titled "ENO Mountain Tower" Dated: January 25, 2019. 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. Contractor is solely responsible for obtaining all permits necessary to complete the Work in compliance with local, state, and/or federal law. The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and/or Subcontractor(s) in the performance of the Work including all of Owner’s property in Contractor’s care, custody, or control, and all such property while it is in transit. 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 DocuSign Envelope ID: FA55FBDC-C890-4EED-8747-40540A9E5CB1