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STATE OF NORTH CAROLINA COUNTY OF LEE 1• AGREEMENT. This agreement("Agreement") is entered into on the IG day of t t'R-'L ,20 2t , by and between Lee County, a political subdivision of the State of North Carolina("County")and Marks Construction Company, ("Contractor"),whose business address is 3625 D=A=P RUGR RD.. S A tsi FOg o NC,. 2. INDEPENDENT CONTRACTOR. Contractor shall be an independent contractor in all its activities pursuant to this Agreement. Neither Contractor nor any of its employees are to be considered County's employee or agent for any purpose including,but not limited to, the accrual of any employee benefits. Contractor is not authorized to represent County or otherwise bind County in any dealings between Contractor and third parties.Any employees furnished by Contractor under this Agreement shall be deemed to be Contractor's employees exclusively. 3. SCOPE OF THE WORK.Contractor shall furnish all labor,equipment, tools, materials, supplies, transportation,tests and supervision required to complete in a workmanlike manner the work described in the Engineered Stamped Drawings(-Drawings.), which were submitted with Contractor's bid. 4. PERIOD OF PERFORMANCE. This Agreement shall commence as of the date first written above and shall continue until terminated by either party in accordance with the terms of this Agreement. Contractor shall promptly commence Work on a date specified in a written order by the County and shall fully complete all Work hereunder within sixty consecutive days for renovations at the County Board of Elections and one hundred and twenty consecutive calendar days for renovations at the Kiwanis Family Park Shelter. For each day in excess thereof, liquidated damages shall be as stated as $1,000.00(one thousand dollars). If the Contractor expects to experience delays in the performance of the work,he must immediately notify the County and provide an estimated date of complete and request an extension in writing. The County reserves the sole right to accept an extension,and will, in good faith, work with the Contractor to allow for reasonable and necessary extensions. However, if the County believes the extension request is not justified, it will not grant the extension and liquidated damages will accrue. 5. PAYMENT FOR WORK. Payment for work satisfactorily completed shall be made within thirty(30)days of receipt of invoice by County's finance office. Payment will be made in a lump sum to Contractor after County is satisfied with the project. Contractor shall submit documentation supporting its entitlement to payment as required by County,and County shall have no obligation to pay Contractor unless and until County has received such documentation. The County agrees to pay to the Contractor for the faithful performance on this agreement, subject to additions and deductions as provided in the specifications or proposal in the amount of ninety-three thousand, three hundred and forty dollars ($93,340.00). There is one alternate included in the contract sum and that is for Alternate I Kiwanis Family Park Shelter in the amount of$26,818.00. 6. LICENSING REQUIREMENTS. Contractor represents and warrants that it holds a valid North Carolina General Contractor's License at all times in the performance of Work and that license 1