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10-27-14-R
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10-27-14-R
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Kim ey>>> Horn Page 6 <br />KIMLEY-HORN AND ASSOCIATES, INC. <br />STANDARD PROVISIONS <br />1) Consultant's Scope of Services and Additional Services. The Consultant's undertaking to perform <br />professional services extends only to the services specifically described in this Agreement. However, if <br />requested by the Client and agreed to by the Consultant, the Consultant will perform Additional Services, which <br />shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant <br />for any Additional Services an amount based upon the Consultant's then-current hourly rates plus an amount to <br />cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project <br />related computer time, and local mileage. <br />2) Client's Responsibilities. In addition to other responsibilities described herein or imposed by law, the <br />Client shall: <br />a) Designate in writing a person to act as its representative with respect to this Agreement, such person having <br />complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. <br />b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the <br />project including all numerical criteria that are to be met and all standards of development, design, or <br />construction. <br />c) Provide to the Consultant all previous studies, plans, or other documents pertaining to the project and all new <br />data reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental <br />impact assessments or statements, upon all of which the Consultant may rely. <br />d) Arrange for access to the site and other private or public property as required for the Consultant to provide its <br />services. <br />e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining <br />thereto within a reasonable time so as not to delay the services of the Consultant. <br />f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and <br />approvals and consents from other parties as may be necessary for completion of the Consultant's services. <br />g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility <br />services as the Client may require. <br />h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that <br />affects the scope, timing, or payment of the Consultant's services or any defect or noncompliance in any aspect <br />of the project. <br />i) Bear all costs incidental to the responsibilities of the Client. <br />3) Period of Services. Unless otherwise stated herein, the Consultant will begin work timely after receipt of a <br />properly executed copy of this Agreement and any required retainer amount. This Agreement is made in <br />anticipation of conditions permitting continuous and orderly progress through completion of the services. Times <br />for performance shall be extended as necessary for delays or suspensions due to circumstances that the <br />Consultant does not control. If such delay or suspension extends for more than six months (cumulatively), <br />Consultant's compensation shall be renegotiated. <br />4) Method of Payment. Compensation shall be paid to the Consultant in accordance with the following <br />provisions: <br />a) Invoices will be submitted periodically for services performed and expenses incurred. Payment of each <br />invoice will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will <br />be held by the Consultant for the duration of the project and applied against the final invoice. Interest will be <br />added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any <br />payment due to the Consultant under this or any other agreement within 30 days after the Consultant's <br />transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services and withhold <br />deliverables until all amounts due are paid in full and may commence proceedings, including filing liens, to <br />2550 University Avenue West, - 2, 38,N, St. Paul MN,55114
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