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Section 4. Compensation to Be Paid to Woolpert <br /> <br />Compensation to be paid to Wooipert for providing the requested Services shall be as follows: <br />· A Lump-Sum Fee including reimbursable expenses according to the following breakdown: <br /> <br />1. Basic Design Services (Phase Two) ......................................................................... $48,180.00 <br />2. Survey ...................................................................................................................... $3,175.00 <br />3. Soil Borings ............................................................................................................. $2~800.00 <br />4. Total Fee ............................................................................................................... $ 54,155.00 <br /> <br />Reimbursable expenses comprise documented direc~ expenses, including, but not limited to Bid <br />Advertisements, Shipping/overnight delivery, Bidding document / Prims, Plan Review Permit Fees, <br />mileage times a multiple of 1.10. <br /> <br />Section 5. Date of Commencement and Duration <br /> <br />The Date of Commencement for Services provided pursuant to this Agreement shall be the date on which <br />the Agreement is fully executed. Woolpert shall perform its services with due and reasonable diligence <br />consistent with sound professional practice. This Agreement shall remain in effect until December 31, <br />2000, unless terminated as provided herein, or extended by mutual agreement in writing. <br /> <br />Section 6. Terms and Conditions <br /> <br />6.1 Delayed Services: Woolpert's fees have been calculated in anticipation of orderly and continuous <br />progress of the project. If services are disrupted or delayed for reasons beyond Woolpert's control, the <br />termination date specified in Section 5 of this Agreement shall be modified and the fees shall be <br />renegotiated accordingly. <br /> <br />6.2 Invoice Procedures and Payment: Woolpert shall submit invoices to the Client for Services <br />rendered during each invoicing period which shall generally be on a monthly basis. For Services provided <br />on a Lump Sum basis, the amount of each invoice shall be determined on the "percentage of completion <br />method" whereby Woolpert will estimate the percentage oftbe Lump Sum Services accomplished during <br />the invoicing period. For services provided on a Unit Cost/Hourly basis, invoices shall include, separately <br />listed, any fees for Services for which time charges and/or un/t costs apply for the invoicing period. Such <br />invoices shall also separately list reimbursable expenses, if apphcable. Such invoices shall be submitted <br />not more frequently than monthly by Woolpert and shall be due and payable by the Client upon receipt. <br /> <br />The Client hereby acknowledges that unpaid invoices shall accrue interest at 1,5 pement per month after <br />such invoices have been outstanding for over 30 days. If payment is not made as provided herein, the <br />Client agrees to pay all costs of collection, including reasonable attorneys' fees, regardless of whether <br />legal action is initiated. If an invoice remains unpaid 30 days al%r the date of the invoice, Woolpert may, <br />immediately upon giving written notice of its intent to do so, suspend services or terminate this <br />Agreement and pursue its remedies for collection. <br /> <br />6.3 Expert Witness Services: It is understood and agreed that Woolpert's services under this Agreement <br />do not include any participation whatsoever in any litigation. Should such services be required, a <br />Professional Service Agreement Addendum may be negotiated between the Client and Woolpert <br />describing the services desired and providing a basis for compensation to Woolpert. <br /> <br />Woolped Professional Sa-vice Agreement <br />12/9/99 Cabarrus Courtly, NC <br /> <br /> <br />