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~,{~ oZala - oo ! <br />~~S <br />NORTH CAROLINA ~-} ~ ~ n~J AGREEMENT OUNDER $25 000 <br />ORANGE COUNTY ~j u' U <br />THIS CONSTRUCTION AGREEMENT-Thereinafter "Agreement"), is made and entered <br />into this 9th day of January, 2012 by and between Orange County, North Carolina (hereinafter <br />the "Owner") party of the first part; and Mackem Construction Company (hereinafter the <br />"Contractor"), party of the second part; <br />WITNESSETH: <br />For the purpose and subject to the terms and conditions hereinafter set forth, the Owner <br />hereby contracts for the construction services of the Contractor, and the Contractor agrees to <br />provide the construction services to the Owner in accordance with the terms of this Agreement. <br />1. TERM <br />Beginning and ending dates of contract: January 9, 2012 through February 28, 2012. The <br />Project Commencement Date shall be January 9, 2012. <br />2. MAXIMUM AMOUNT PAYABLE <br />Dollar Amount Not to Exceed: Seven Thousand Nine Hundred Fifty Dollars and Zero Cents <br />($7,950.00) <br />3. SERVICES <br />Contractor agrees to provide the following construction services (the "Work"): Ground floor <br />renovations to the Office Building located at 131 West Margaret Lane in Hillsborough, NC per <br />the instruction in Bid #1624 dated December 8, 2011. <br />Contractor shall not sub-contract all or any part of the construction services provided for in <br />this Agreement without prior written approval of the Owner. Contractor shall be responsible for <br />all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all <br />errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to <br />Owner. <br />4. PAYMENT <br />Contractor shall submit an invoice for construction services provided. The invoice shall <br />contain Contractor's name and federal tax identification number and shall be signed and dated by <br />an officer of Contractor. It-shall detail all construction services provided in payment requests. <br />The Owner will make payments to Contractor within thirty (30) days after receipt of and <br />approval of the invoice by the contracting department. <br />In the event the amount stated on an invoice is disputed by Owner, then Owner may <br />withhold payment of all or a portion of the amount stated on an invoice until the parties resolve <br />the dispute. In addition, should Contractor fail to perform its duties under the terms of this <br />Agreement, Owner may, .without fault or penalty, withhold any payment associated with the <br />Work to be performed until such time as said work is completed. <br />5. RELATIONSHIP OF PARTIES <br />Revised November 2011 1 <br />