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Resolution 2025-71
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Resolution 2025-71
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Last modified
9/24/2025 12:09:41 PM
Creation date
9/19/2025 11:08:48 AM
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City Council Records
Also Known As (aka)
APPROVING AN AGREEMENT WITH KIMLEY-HORN & ASSOCIATES FOR THE SOUTH STREET UNDERPASS PROJECT — OPTION B DESIGN
Meeting Date
9/16/2025
Doc Type
Resolution
Signed Date
9/16/2025
Ord/Res - Year
2025
Ord/Res - Number
71
City Property Name
Properties Underpasses
Quality Check
9/19/2025
Supplemental fields
Parties Involved
Kimley-Horn And Associates Inc
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previous month. The invoice shall document the Services provided during the <br />preceding month, identifying by work category and subcategory the work and tasks <br />performed and such other information as may be required by the City. The <br />Consultant shall provide such additional backup documentation as may be <br />required by the City. The City shall pay the invoice within thirty (30) days of receipt <br />unless the Services or the documentation therefor are unsatisfactory. Payments <br />made after thirty (30) days may be assessed an interest charge of one percent <br />(1 %) per month unless the delay in payment resulted from unsatisfactory work or <br />documentation therefor. <br />5.0 PROJECT REPRESENTATION <br />5.1 The City designates the City Engineer as the responsible City staff to provide <br />direction to the Consultant during the conduct of the Services. The Consultant <br />shall comply with the directions given by such person and such person's <br />designees. <br />5.2 The Consultant designates Matt Ciarkowski, P.E. as its project manager and as <br />the principal in charge who shall be providing the Services under this Agreement. <br />Should any of the representatives of Consultant be replaced, and such replacement <br />require the City or the Consultant to undertake additional reevaluations, coordination, <br />orientations, etc., the Consultant shall be fully responsible for all such additional costs <br />and services. <br />6.0 TERM <br />6.1 The term of this Agreement shall be from the Effective Date to December 31, 2026, <br />unless sooner terminated pursuant to Section 13, below. The Consultant's <br />Services under this Agreement shall commence on the Effective Date and <br />Consultant shall proceed with diligence and promptness so that the Services are <br />completed in a timely fashion consistent with the City's requirements. <br />6.2 Nothing in this Agreement is intended or shall be deemed or construed as creating <br />any multiple -fiscal year direct or indirect debt or financial obligation on the part of <br />the City within the meaning of Colorado Constitution Article X, Section 20 or any <br />other constitutional or statutory provision. All financial obligations of the City under <br />this Agreement are subject to annual budgeting and appropriation by the Louisville <br />City Council, in its sole discretion. Notwithstanding anything in this Agreement to <br />the contrary, in the event of non -appropriation, this Agreement shall terminate <br />effective December 31 of the then -current fiscal year. <br />7.0 INSURANCE <br />7.1 The Consultant agrees to procure and maintain, at its own cost, the policies of <br />insurance set forth in Subsections 7.1.1 through 7.1.4. The Consultant shall not be <br />relieved of any liability, claims, demands, or other obligations assumed pursuant <br />2 <br />
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