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Home My WebLink About2013-218 AMS - Bullock's Hrdware to Patch, Sand and Finish Floors at Magistrate's Office Renovation $3,146 Am s NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter"Agreement"), is made and entered into this 8th day of July, 2013 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Bullock's Hardware (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: July 8, 2013 through August 31, 2013. The Project Commencement Date shall be 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Three Thousand One Hundred and Forty-Six Dollars ($3,146.00) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): as outlined in the attached proposal dated May 6, 2013 -Magistrate's Office Renovation. 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 Contractors 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 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 with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 6. TERMINATION This Agreement may be terminated by Contractor upon thirty (3 0) days' written notice to the Owner, and the Owner may terminate this agreement upon thirty (30) days' written notice to Contractor. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, all insurance as required in the Owner's risk management policy and shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. Such insurance shall name the Owner as Additional Insured under both General Liability and Auto Liability policies. 8. INDEMNIFICATION Contractor agrees to defend, indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. It is the intent of this section to require Contractor to indemnify the Owner to the extent permitted under North Carolina law. 9. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments,to any other party without the prior written consent of the Owner. 10. NON—APPROPRIATION Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. Revised November 2011 2 In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. 12. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANG,kCOUNTY CONT#,ACTOR By By Frank . Clifton,/T4&:w(g;er BuTiock'Afardwood , , 200 S. Camer on Bobby Bullock P.O. Box 8181 P. O. Box 152 Hillsborough�ZC 27278 Stem,NC 27581 This instrument has been approved as to technical content. C—T"�tnr Jeff)r4dWpsoln, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. �� w AAA__ Office of the Finance Officer This instrument s been , oved as to legal form and sufficiency. Office he County Attorney Revised November 2011 3 w.r".T..a.u'�T'A^rr? ._.-.,_ �. A•.,�._r._._.,._,-.-. .... yr a.._........_ .,. .. E . 5.._ .+...;.__. ......... .., .... .... .:.. �.... �.-�....erg,* 7.. ..... ._. Name � ' HARDWOOD � BULLOCK 9S Address }) ' P.O.Box 152 • Stem,NC 27581 City,State,Zip (919) 528-1708 • (919) 690-8797 Phone Number Datel_t Area in House Width Length Square Area in Room Width Length Square 1atthre rim- Dining Room Family Room Boif�r9° -r- 1 Foyer -Bedramwl- �, t Hall Bedroom 2 Hall 2 Bedroom 3 t Hall 3 Bedroom 4 Kitchen Breakfast Room Library Closet 1 Living room Closet 2 Porch Closet 3 Sun Room Closet 4 Study Closet 5 Steps Den Landing Sq.Ft.Total ! CCU Remove Carpet$ Steps $ Flooring$ Total Cost$ Payment Terms: Any alteration from above specifications may become an extra charge over and above the estimate.NmE:This estimate may be withdrawn by Bullock's Hardwoods if not accepted within 30 days. 17 Respectfully Submitted By: �"' %� c Bobby L.Bullock,owner ACCEPTANCE OF PROPOSAL The above prices,specifications,and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payments will be made as outlined above. ,SIGNATURE: DATE: