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02/09/99 12:33 '~704 525 $$29 WOOL?ERT ~002/005
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<br />PROFESSIONAL SERVICE AGREEMENT
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<br />TIHS AGREElV~ENT, made tl, i, day of ., between Woolpett LLP (Woolpert) and the
<br />Cabarms County P~rks and Recreation Dei~rtrnent (Client), provides for the following Professional
<br />Services:
<br /> * Maat~ Planning for park improvements at Neath Cabarms Park, a 89 ac~e park located on
<br /> Orp~m.~,~ Rom] in Kammpolis, North Carolina (See Att:,ehment -A Scope of Services nnd
<br /> fee as ~ herein)
<br />
<br />Total compeaz~.ion to be paid to Woolpcrt for pmvlding thc requested Services shall be as follows:
<br />FiReea-Thonsaad Dollars ($15.000.00) . Any services beyond tho~c identified in ,hi, Agreement shall be
<br />consid~ ed Additionn! Services. Unless otherwise agreed, such Additional Services shall be perfoht~.-d on
<br />a Unit Cost/Hourly Fee basis to be nci;otiated. R~mbutsablc expenses include direct expenses including
<br />but not limited to reasonable travel, lodging, meats, telephone and fax, copies, shipping/overnight
<br />delivery, prints, and computer CAD time, limes a multiple of 1.10. (Note: R~imbursable expens~
<br />included in the lump sum for the basle work identified in Attachraent A - Scope of Services)
<br />
<br />Woolpert agrees to perform services in a ruer cons/stent w/th that degree of care and skill ord;,~ri~y
<br />exercised by members of the same profession currently practicing under sh~i~r circ~. Woolpe~
<br />shall perform/ts services with due and reasonable diligence consistent w/th sound professio~n! practice. If
<br />services a~ dismt~.d or delayed due solely to clrcumsla.,,e_¢s under control of the Client, the completion
<br />date and fee will be modified accordingly. This Agreement shall m,aln in effect tmtil Iu~.e I, 1999,
<br />unless tcr~i,,.-,t,-d as provided herein.
<br />
<br />Woolpctt slx_l! gencraUy submit invoices monthly based on a percentage of work complete and shall be
<br />duc and payable by the Client upon receipt. The Client hereby agrees that it wiU make payment for ~id
<br />undisputed Services within 30 days from thc date of'the invoice, ffClicnt ~ails to make payment aPscr
<br />prior wtil~en notice, Woolpert may mediately suspend set Aces or terminatc this Agreement, a~i Client
<br />agrees to pay reasonable costs of collection and interest on any earned but unpaid amounts.
<br />
<br />Woolpett shall c~r~ insurances in thc £ollowing amounts:
<br /> Wo~'s Com~ ~umce- smm~
<br />· Co~rci~ ~ LbbiliW l~u~- $1,~,0~.~
<br />· Pwf~i~ ~b~i~ ~o- S1,~0,~.00
<br /> ~tomobilc L~il~ I~umce- $1,~,~.~
<br />
<br />In the event the Project identified in this Agreement is suspended, cancelcd, or abandoned by thc Client,
<br />Wooipen shall be compensated to the date of notice of suspension, cancellation, or ~'~mdonment.
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<br />Woolpe~t shall not be responsible for or havc control over construction n',ea~, methods, technique,
<br />sequ~nees, or procedures; or for safety precautions and progr~ in connection with thc work. Nor sl~!!
<br />Woolpert be responsible for any contractor's failure to can7 out thc work in accordance with plans,
<br />sp~ificatinns, or wi~h applicable laws or regulations. Woolpert shah have no responsibility for the
<br />discover,, presence, handling, removnl, transportation, or ~ of or exposure ~o h~rdous, toxic, or
<br />similar material,: in az~ form at ~he project site. However, Woolport is responsible for providin8 thc
<br />Client with a design that meets safety standards imposed on the Client for construction ora public park.
<br />
<br />Neither party will assign or transfer its interest in this Agreement, but Wooipcrt may subcomntct certain
<br />portions of'thc Services with the prior written coasent of thc Client. Nothing in this Agreement st~ail be
<br />construed as c _re-~g any rights, benefits, or causes of actions for any third party a~inst either Woolpert
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<br />Fei~. g. 1999 Cabmrus County ~ CarOm 1 s~'-~A.~
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