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MAY.04'2004 16:06 704 333 0845 KIMLEY-HORN CHARLOTTE #4246 P.017/019 <br /> <br />KlblLEY-HORN AND ASSOCIATES, INC. <br />STANDARD PROVISIONS <br /> <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. <br /> <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. <br /> <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. <br /> <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 $25.00 per hour. <br /> <br />(5) Method of Payment Compensation shall be paid to tho Consultant in accordance with the following provisions: <br />(a) Invoices will be submitted by thc Consulmut to the Client periodically for services performed and expeDses/ncutred. <br />Payment of eoch invoice will be due within 25 days of receipt_ The Client shall also pay to the Consultnnt nil taxes, if any, <br />whether state, local, or federal, levied with respect to ,rr~.~mt~ paid hereunder, including but not limlr~xi to sales tax. The <br />Consultant shall be compensated in U.S. dolhrs. Interest will be added to accounts not paid within 25 days at thc maximum <br />rote allowed by law. If the Client fails to makc any payment due the Consultant under this or any other agreement within ~0 <br />days after thc Consultanfs t~msmittal of its invoice, the Consultant way, after ~ivin~ notice to the Client, suspend services <br />under this Agreement until all amounts due are paid in full. <br />(b) If the Client objects tb an invoice, it must advise the Consultant/n writing giving tts reasons withln 14 da~ of receipt of <br />the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. <br />(c) If the Consultant initiates legal proceedings to colIect payment, it may recover, in addition to all amounts due, its <br />reasonable attorneys' fees, reasonable experts' fees, and other expenses related to thc proceedings. Such expenses shall <br />include the cost, ut the Consultaufs normal hourly biIlln$ 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_ <br /> <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 <br /> <br /> <br />