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DocuSign Envelope ID: AF341A71- 841F- 473D- 9DCB- 8567B177FFF7 <br />NORTH CAROLINA <br />ORANGE COUNTY <br />CONSTRUCTION SERVICES <br />AGREEMENT UNDER $50,000 <br />THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement "), is made and entered <br />into this 2nd day of January, 2018 by and between Orange County, North Carolina (hereinafter <br />the "Owner ") party of the first part; and Foundation Xperts (hereinafter the "Contractor "), party <br />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 AND MAXIMUM AMOUNT PAYABLE <br />Beginning and ending dates of contract: January 2, 2018 through June 30, 2018. The Project <br />Commencement Date shall be January 2, 2018. Dollar Amount Not to Exceed: Seventeen <br />Thousand Six Hundred Eighty -Five Dollars ($17,685.00) <br />2. SERVICES <br />Contractor agrees to provide the following construction services (the "Work "): Provide labor <br />and materials per proposal dated August 21, 2017 regarding 129 E. King Street, Hillsborough, <br />NC 27278. <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 />3. 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 />4. RELATIONSHIP OF PARTIES <br />Contractor is an independent contractor of the Owner. Contractor represents that it has or will <br />secure, at its own expense, all personnel required in performing the construction services under <br />this Agreement. Such personnel shall not be employees of or have any contractual relationship <br />Revised 10/17 1 <br />