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<br />kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA, 94588 (510) 350-0239
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<br />KIMLEY-HORN AND ASSOCIATES, INC.
<br />STANDARD PROVISIONS
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<br />1) Kimley-Horn's Scope of Services and Additional Services. Kimley-Horn will perform only the services
<br />specifically described in this Agreement (“Services”). Any services that are not set forth in the scope of
<br />Services described herein will constitute additional services (“Additional Services”). If requested by the Client
<br />and agreed to by Kimley-Horn, Kimley-Horn will perform Additional Services, which shall be governed by
<br />these provisions. Unless otherwise agreed to in writing, the Client shall pay Kimley-Horn for any Additional
<br />Services an amount based upon Kimley-Horn’s then-current hourly rates plus an amount to cover certain
<br />direct expenses including in-house reproduction, postage, supplies, digital data storage and security, and
<br />local mileage. Other direct expenses will be billed at 1.15 times cost.
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<br />2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
<br />a. Designate in writing a person to act as its representative, such person having complete authority to transmit
<br />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 and all standards of development, design, or construction.
<br />c. Provide Kimley-Horn all available studies, plans, or other documents pertaining to the Project, such as
<br />surveys, engineering data, environmental information, etc., all of which Kimley-Horn may rely upon.
<br />d. Arrange for access to the site and other property as required for Kimley-Horn to provide its Services.
<br />e. Review all documents or reports presented by Kimley-Horn and communicate decisions pertaining thereto
<br />within a reasonable time so as not to delay Kimley-Horn.
<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.
<br />g. Obtain any independent accounting, legal, insurance, cost estimating, and feasibility services required by
<br />Client.
<br />h. Give prompt written notice to Kimley-Horn whenever the Client becomes aware of any development that
<br />affects Kimley-Horn's Services or any defect or noncompliance in any aspect of the Project.
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<br />3) Period of Services. Unless otherwise stated herein, Kimley-Horn will begin work after receipt of a properly
<br />executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly
<br />progress through completion of the Services. Times for performance shall be extended as necessary for
<br />delays or suspensions due to circumstances that Kimley-Horn does not control. If such delay or suspension
<br />extends for more than six months, Kimley-Horn’s compensation shall be renegotiated.
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<br />4) Method of Payment. Client shall pay Kimley-Horn as follows:
<br />a. Invoices will be submitted periodically for Services performed and expenses incurred. Invoices are due and
<br />payable upon presentation. Client shall pay Kimley-Horn a time price differential of one and one-half percent
<br />(1.5%) of the outstanding amount of each invoice that is overdue for more than 30 days. The Client shall
<br />also pay any applicable sales tax. All retainers will be held by Kimley-Horn and applied against the final
<br />invoice. If the Client fails to make any payment due under this or any other agreement within 30 days after
<br />presentation, Kimley-Horn may, after giving notice to the Client, suspend services and withhold deliverables
<br />until all amounts due are paid, and may commence legal proceedings including filing liens to secure payment.
<br />b. The Client will remit all payments electronically to:
<br />Account Name: KIMLEY-HORN AND ASSOCIATES, INC.
<br />Bank Name and Address: WELLS FARGO BANK, N.A., SAN FRANCISCO, CA 94104
<br />Account Number: 2073089159554
<br />ABA#: 121000248
<br />c. The Client will send the Project number, invoice number, and other remittance information by e-mail to
<br />payments@kimley-horn.com at the time of payment.
<br />d. If the Client relies on payment or proceeds from a third party to pay Kimley-Horn and Client does not pay
<br />Kimley-Horn’s invoice within 60 days of receipt, Kimley-Horn may communicate directly with such third party
<br />to secure payment.
<br />e. If the Client objects to an invoice, it must advise Kimley-Horn in writing giving its reasons within 14 days of
<br />receipt of the invoice or the Client’s objections will be waived, and the invoice shall conclusively be deemed
<br />due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains
<br />due.
<br />f. If Kimley-Horn initiates legal proceedings to collect payment, it shall recover, in addition to all amounts due,
<br />its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings.
<br />Docusign Envelope ID: 8A1B3A3D-509B-8EAD-8351-3DC369D8DDD7Docusign Envelope ID: F7086556-F920-869D-831A-8FDCEBD9F087
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