2002 S Purchasing - Proposed Contract with Haden-Stanziale for Conceptual Design and Site Planning at Little River Regional Park

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Haden•Stanziale V L i\ ti' N F R 5 1 N I7 L ~\ IJ I) S (~. A I' C A K (' H I 1 C (- I . GENERAL TERMS AND CONDTITONS The General Terms and Conditions outlined below are part of the attached letter ageement and are hereby incorporated by reference. 2. The Owner shall provide Haden•Stanziale with program information regarding the requirements and objectives for the Project. Additionally, Haden•Stcmziale shall be entitlerl to rely upon the accuracy of any services, information, and survey reports supplied by the Owner or by others. 3. In addition to professional fees outlined in the attached letter agreement, the Owner shall pay all reimbursable expenses which are defined as actual expenditures made byHaden•Strnrziale, their employees, or professional consultants in the interest of the project and include expense of transportation and living when traveling in connection with the proj ect; long distance calls and telegams; and expense of reproductions, postage and handling of drawings and specifications, excluding those for office use and presentation to the Owner. Reimbursable expenses will be calculated as actual cost plus a ten percent (10%) administrative fee. 4. All fees and reimbursable expenses will be invoiced bi-weekly and are payable upon receipt. In the event payment is not, however, received within thirty (30) days of invoice date, the past due balance will be subject to an interest penalty of one and one-half percent (1-1/2%). Invoices which remain outstanding shall be subject to interest at the rate of one and one-half percent (1-1/2%) per month. In the event payment is not made within sixty (60) days, Haden•Stanziale will stop work on the project until payment is received. Stoppage of work by Haden•Stanziale will not be deemed as a default under the terms of this letter agreement. In some cases, an additional fee will be required to stop and restart work due to non-payment. 5. The Owner agees that this letter agreement shall be interpreted according to the laws of the State of North Carolina, and agrees to reimburse Haden•Stanziale for reasonable attorney fees that it may expend in enforcing this letter agreement. 6. Payment of the advance deposit, if required, and signature of the letter agreement will signify the Owner's acceptance of all the Terms and Conditions stated herein and the Owner watrants that the necessary funds are available to pay Haden•Stanziale for the services and expenses outlined in the letter agreement and that these funds are not encumbered or contingent upon subsequent sales, approvals, permits or financing commitments. Haden•Stanziale, P.A. First Union Plaza 2200 W. Main Strec~, Suite ~60 Durham, NC 27705 919286J440 F 919.286J889 F-mail DurhamOhadenstanziale.com Durham Charlotte Wilmington