MAY.04'2004 16:06 704 333 0845 KIMLEY-HORN CHARLOTTE #4246 P.017/019
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<br />KlblLEY-HORN AND ASSOCIATES, INC.
<br />STANDARD PROVISIONS
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<br />(1) Consultant's Scope of Services The Consultant's tmdertakin§ to perform professional services extends only to ~ho
<br />services specifically described in this Agreenmnt. However, if requested by the Client and agreed to by the Ccnsul~-*; the
<br />Consultant will perform additional services (''Additional Services") hereunder.
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<br />(2) Client's Re~ponsibiUties In addition to other responsfoflitics described bcre/n or imposed by law, the Client shall*.
<br />(a) DesJl~nate in writing a pm~on to act as its representative with respect to this Agrm~mmxt, such person havin8 complete
<br />authority to tmmvnit inst~om, receive information, and make or interpret the Clienfs decisions.
<br />(b) Provide all infestation and crltetia as to the Clienfs requirements, objectives, and expectations for the project iuc]uding
<br />all numerical criteria that are to be met and all sim~la~ts of developme~, design, or consimction,
<br />(c) Provide to the Consul~mt all previous studies, p1..% or other documents pe~ninin~ to th~ project and all new d~ta
<br />reasonably necessary in the Consul~mfs opinion, such as site survey and engineering data, environmental impact
<br />assessments or statements, zoni~ or other land use regulations, etc., upon all of which tho Consultan~ may r~ly,
<br />(d) A~rar~e for access to ~e site and other private or public prepay as required for the Consultant to provide its services.
<br />(e) Review all documents or oral reports presented by thc Consultant and render in writing decisions ~ertaining thereto
<br />with~ a reasonable thus so as not to delay the services of the Consul~nL
<br />(f) Furnish approvals and l~'mits from governmental authorities having jurisdiction over the project and approvals and
<br />conse~ from other parties as amy be nece~ary for completion of the Consultant's services.
<br />(g) Cause to be provid~ such ~depeudent accounting, legal, insurance, cost es6m~ting and overall fcasl%ility services as
<br />thc Client may require or the Consultant may rcesonably request
<br />(h) Give prompt writes noOce to the Consultant whenever the Client becomes aware of any development that affects tho
<br />scope and timin~ of the ~su~s so. ices or any defec~ or noncompliance in any aspec~ of the ~oject.
<br />(i) Bear all costs ~ucident to the respons~ilities of the Client.
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<br />(~) Period of Services Unless otherwise stated herein, the Consultant will begin work timely after receipt of an executed
<br />copy of this Agreemmt and will complete the servic~ in a reasonable t/me. This Agreement is made in anticipation of
<br />conditions permitting co-*i-uous aud orderly progress through completion of the services. Times for performance shall be
<br />extended as nece,,mar,/for delays or suspensions due to circumstances that the Consultant does not control. If such delay or
<br />suspen.sion extends for more m~. six months (cumulatively), the rates of compensation provided for in this Agreement shall
<br />be renesociated.
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<br />(4) Compensallon for Addlttomd Services Unless og~w~iso agreed to in writi~, the Client shall pay thc Consultant for
<br />the performance of any Additional Services an amount bascd upon tho Consultant's can~nt hourly r~es plus an amount to
<br />cover cer*~i- ~t expenses including in-house duplicati-$~ local miles/e, telephone calls, postage, and word processing.
<br />Other direct expenses will be billed at 1.tS times cost. Technical use of computers for dcsil/n, analysis, and l~aphics, etc.,
<br />will be billed at $25.00 per hour.
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<br />(5) Method of Payment Compensation shall be paid to tho Consultant in accordance with the following provisions:
<br />(a) Invoices will be submitted by thc Consulmut to the Client periodically for services performed and expeDses/ncutred.
<br />Payment of eoch invoice will be due within 25 days of receipt_ The Client shall also pay to the Consultnnt nil taxes, if any,
<br />whether state, local, or federal, levied with respect to ,rr~.~mt~ paid hereunder, including but not limlr~xi to sales tax. The
<br />Consultant shall be compensated in U.S. dolhrs. Interest will be added to accounts not paid within 25 days at thc maximum
<br />rote allowed by law. If the Client fails to makc any payment due the Consultant under this or any other agreement within ~0
<br />days after thc Consultanfs t~msmittal of its invoice, the Consultant way, after ~ivin~ notice to the Client, suspend services
<br />under this Agreement until all amounts due are paid in full.
<br />(b) If the Client objects tb an invoice, it must advise the Consultant/n writing giving tts reasons withln 14 da~ of receipt of
<br />the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing.
<br />(c) If the Consultant initiates legal proceedings to colIect payment, it may recover, in addition to all amounts due, its
<br />reasonable attorneys' fees, reasonable experts' fees, and other expenses related to thc proceedings. Such expenses shall
<br />include the cost, ut the Consultaufs normal hourly biIlln$ rates, of/be time devoted to such proceedini/s by its employees.
<br />(d) The Client a~ees that the payment to the Consultant/s not subject to any con, agency or condition. The Consultant
<br />may negotiate payment of any check ~endered by the Client* even if the words "in full satisfaction" or words intended to
<br />have slmilar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and
<br />withou~ prejDdicing any til/ht of the Comultant to collect additional an'musts from the Client_
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<br />(6) Use of Docnments All docum~ts, inciuAi-g but not limited to drawings, ~pecificatie~m and data or prol~ stored
<br />electronically, prepared by the Consultant are related exclusively to the services described in this Agreement. They are not
<br />intended or rcl0resented to be suitable for partial use or reuse by the Client or others on extemions of this project or on any
<br />other project, Any modifications made by the Client to any of the Consultant's documents, or any partial use or reuse of the
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