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CONTRACT FOR SERVICES This CONTRACT for Engineering Services for SouthEast Cabarrus Park by and between Cabarrus County, North Carolina, hereinafter called the OWNER, and W.K. Dickson & Co., Inc., hereinafter called the CONSULTANT; The parties hereto do mutually agree as follows: 1. Employment of CONSULTANT. The OWNER hereby engages the CONSULTANT and the CONSULTANT hereby agrees to perform the professional services hereinafter set forth. 2. Scope of Services. The CONSULTANT sha[I perform, in a professional manner, the services set forth in Attachment A, Scope of Services, which attachment is incorporated herein. 3. Additional Services. The CONSULTANT shall provide additional services, not specifically called far in Attachment A, Scope of Services, upon written authorization of the OWNER. 4. Time of Performance. The CONSULTANT will commence work on or as soon as practicable after the date of execution of this Contract and receipt of written Notice to Proceed. All work as set forth in the Scope of Services shalt be completed as shown in the Project Schedule in Attachment A, assuming: (i) the timely submission of all required data and the scheduling of all meetings and reviews by the OWNER; (ii) no other impacts or delays caused by third parties, including the contractor(s) or its subcontractors; or (iii) other delays beyond CONSULTANT'S control. If the OWNER requests modifications to the Scope of Services of the Project, or if CONSULTANT's services extend past the completion date above, through no fault of the CONSULTANT, the CONSULTANT'S compensation shall be paid as an additional service as set forth in Attachment B, Basis of Compensation, and CONSULTANT'S time of performance shall be extended appropriately. CONSULTANT's services under this Contract, and each phase of services, if the Scope of Services is so divided, shall be considered complete at the earlier of (1) the date when the submissions for that phase have been accepted by the OWNER or (2) thirty days after the date when such submissions are delivered to the OWNER. 5. Compensation. The CONSULTANT agrees to perform the services provided for in the Scope of Services, and the OWNER agrees to compensate the CONSULTANT for such services as set forth in Attachment B, Basis of Compensation, which attachment is incorporated herein. Compensation for additional services shat l also be as set forth in Attachment B, Basis of Compensation. Payment by the OWNER to the CONSULTANT shall be due and payable on the 25th day of the month following the date of the invoice. Payments not received by the CONSULTANT by said 30th day of the month following the date of the invoice shall be overdue. A service charge of one and one-half (1'/z} percent per month shall be added to all overdue amounts. OWNER agrees to pay CONSULTANT'S cost of collection of all amounts due and unpaid including court costs and reasonable attorney fees. CONSULTANT shall not be bound by any provision wherein CONSULTANT waives any rights to a mechanic's lien, or any provision implying payment to CONSULTANT is contingent upon payment to OWNER by a third party. A failure by OWNER to pay CONSULTANT on a timely basis shall entitle CONSULTANT at its election, to stop work on the Project until such time as payment has been made, or upon seven days' notice and OWNER'S failure to pay all amounts then due, to terminate this contract. Such suspension or termination shall be deemed for cause. Cabarrus Co SE Park Attachment number 3 G-9 Page 526 of 627