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C/9 - o <br /> /4 ms <br /> NORTH CAROLINA CONSTRUCTION SERVICES <br /> AGREEMENT UNDER$25,000 <br /> ORANGE COUNTY <br /> THIS CONSTRUCTION AGREEMENT (hereinafter"Agreement"), is made and entered <br /> into this 16th day of J.an. , 2013 by and between Orange County, North Carolina <br /> (hereinafter the "Owner") party of the first part; and R. A. Simmons Drilling (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 111-,1,3 1,(((.W <br /> Beginning and ending dates of contracts/16/]through2/16/.1'Tihe Project Commencement <br /> Date shall be Jan-16, 2013 <br /> 2. MAXIMUM AMOUNT PAYABLE <br /> Dollar Amount Not to Exceed: Eleven thousnad, eight hundred and seventy($11,870.00) <br /> 3. SERVICES <br /> Contractor agrees to provide the following construction services (the "Work"): Drilling of <br /> one test well south of Margaret Lane between Churton and Cameron Streets, in a location <br /> identified by the County. <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 />