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~~~~-a~~a <br />,~ r~l 5 <br />NORTH CAROLINA <br />ORANGE COUNTY <br />CONSTRUCTION SERVICES <br />AGREEMENT UNDER $25,000 <br />THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered <br />into this 9th day of March, 2012 by and between Orange County, North Carolina (hereinafter the <br />"Owner") party of the first part; and Penn-Davis Coatings, Inc. (hereinafter the "Contractor"), <br />party of the second part; <br />WITNESSETH: <br />For the purpose and subject to the terms and conditions hereinaf#er set forth, the Owner <br />hereby contracts for the construcdon 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: 3-9-12 through 4-30-12. The Project <br />Commencement Date shall be Mazch 19, 2012 or as coordinated between the Owner's and the <br />Contractor's representatives. <br />2. MAXIMUM AMOUNT PAYABLE <br />Dollar Amount Not to Exceed: Twenty-four Thousand Five Hundred Seventy Dollazs <br />($24,570.00) <br />3. SERVICES <br />Contractor agrees to provide the following construction services (the "Work"): Wall <br />resurfacing at Orange County Animal Shelter per estimate E030512A attached <br />Contractor sha11 not sub-contract a11 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 sha11 submit an invoice for construction services provided. The invoice shall <br />contain Contractor's name and federal tax identification number and sha11 be signed and da.ted 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 perfonm its duties under the terms of this <br />Agreement, Owner may, without fau~t 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 <br />