2024 05 21 City Council Meeting Packet 1

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Rev 06/2023 
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KIMLEY-HORN AND ASSOCIATES, INC. 
STANDARD PROVISIONS 
 
1) Kimley-Horn's Scope of Services and Additional Services.  Kimley-Horn will perform only the services 
specifically described in this Agreement.  If requested by the Client and agreed to by Kimley-Horn, Kimley-Horn 
will perform Additional Services, which shall be governed by these provisions.  Unless otherwise agreed to in 
writing, the Client shall pay Kimley-Horn for any Additional Services an amount based upon Kimley-Horn’s then-
current hourly rates plus an amount to cover certain direct expenses including telecommunications, in -house 
reproduction, postage, supplies, project related computer time, and local mileage.  Other direct expenses will be 
billed at 1.15 times cost.     
 
2) Client's Responsibilities.  In addition to other responsibilities herein or imposed by law, the Client shall: 
a. Designate in writing a person to act as its representative, such person having complete authority to transmit 
instructions, receive information, and make or interpret the Client's decisions. 
b. Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and 
all standards of development, design, or construction. 
c. Provide Kimley-Horn all available studies, plans, or other documents pertaining to the project, such as surveys, 
engineering data, environmental information, etc., all of which Kimley-Horn may rely upon. 
d. Arrange for access to the site and other property as required for Kimley-Horn to provide its services. 
e. Review all documents or reports presented by Kimley-Horn and communicate decisions pertaining thereto within 
a reasonable time so as not to delay Kimley-Horn. 
f. Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals 
and consents from other parties as may be necessary. 
g. Obtain any independent accounting, legal, insurance, cost estimating, and feasibility services required by Client. 
h. Give prompt written notice to Kimley-Horn whenever the Client becomes aware of any development that affects 
Kimley-Horn's services or any defect or noncompliance in any aspect of the project. 
 
3) Period of Services .  Unless otherwise stated herein, Kimley-Horn will begin work after receipt of a properly 
executed copy of this Agreement.  This Agreement assumes conditions permitting continuous and orderly progress 
through completion o f the services.  Times for performance shall be extended as necessary for delays or 
suspensions due to circumstances that Kimley-Horn does not control. If such delay or suspension extends for more 
than six months, Kimley-Horn’s compensation shall be renegotiated. 
 
4) Method of Payment.  Client shall pay Kimley-Horn as follows:  
a. Invoices will be submitted periodically for services performed and expenses incurred.  Payment of each invoice 
will be due within 25 days of receipt.  The Client shall also pay any applicable sales tax.  All retainers will be held 
by Kimley-Horn and applied against the final invoice.  Interest will be added to accounts not paid within 25 days at 
the maximum rate allowed by law.  If the Client fails to make any payment due under this or any other agreement 
within 30 days after Kimley-Horn's transmittal of it s invoice, Kimley-Horn may, after giving notice to the Client, 
suspend services and withhold deliverables until all amounts due are paid.  
b. If the Client relies on payment or proceeds from a third party to pay Kimley-Horn and Client does not pay Kimley-
Horn’s invoice within 60 days of receipt, Kimley-Horn may communicate directly with such third party to secure 
payment. 
c. If the Client objects to an invoice, it must advise Kimley-Horn in writing giving its reasons within 14 days of receipt 
of the invoice or th e Client’s objections will be waived, and the invoice shall conclusively be deemed due and 
owing.  If the Client objects to only a portion of the invoice, payment for all other portions remains due. 
d. If Kimley-Horn initiates legal proceedings to collect pay ment, it may recover, in addition to all amounts due, its 
reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings.  Such 
expenses shall include the cost, at Kimley-Horn's normal hourly billing rates, of the time devoted to such 
proceedings by its employees. 
e. The Client agrees that the payment to Kimley-Horn is not subject to any contingency or condition.  Kimley-Horn 
may negotiate payment of any check tendered by the Client, even if the words “in full satisfaction” or words intended 
to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed 
debt and without prejudicing any right of Kimley-Horn to collect additional amounts from the Client. 
 
5) Use of Documents.  All documents and data prepared by Kimley-Horn are related exclusively to the services 
described in this Agreement and may be used only if the Client has satisfied all of its obligations under this 
Agreement.  They are not intended or represented to be su itable for use or reuse by the Client or others on 
extensions of this project or on any other project.  Any modifications by the Client to any of Kimley-Horn’s 
documents, or any reuse of the documents without written authorization by Kimley-Horn will be at the Client's sole 
risk and without liability to Kimley-Horn, and the Client shall indemnify, defend and hold Kimley-Horn harmless 
from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom.  
Kimley-Horn’s electronic files and source code remain the property of Kimley-Horn and shall be provided to the 
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