2025 11 18 City Council Regular Session Packet

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Kimley»Horn November 5, 2026, Page 10

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kimley-horn.com | 537 Market Street, Suite 202 Chattanooga, TN 37402 423 266 3501

Shall not exceed twice the total compensation received by Kimley-Horn under this Agreement or
$50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section
is intended solely to limit the remedies available to the Client or those claiming by or through the Client,
and nothing in this Section shall require the Client to indemnify Kimley-Horn.

Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any

consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss
of profits.

Construction Costs. Under no circumstances shall Kimley-Hom be liable for extra costs or other
consequences due to changed or unknown conditions or related to the failure of contractors to perform
work in accordance with the plans and specifications. Kimley-Horn shall have no liability whatsoever for
any costs arising out of the Client’s decision to obtain bids or proceed with construction before Kimley-
Horn has issued final, fully approved plans, and specifications. The Client acknowledges that all

preliminary plans are subject to substantial revision until plans are fully approved and all permits
obtained.

Certifications. All requests for Kimley-Horn to execute certificates, lender consents, or other third-party
reliance letters must be submitted to Kimley-Horn at least 14 days prior to the requested date of
execution. Kimley-Horn shall not be required to execute certificates, consents, or third-party reliance
letters that are inaccurate, that relate to facts of which Kimley-Horn does not have actual knowledge, or
that would cause Kimley-Horn to violate applicable rules of professional responsibility.

Dispute Resolution. All claims arising out of this Agreement or its breach shall be submitted first to
mediation in accordance with the American Arbitration Association as a condition precedent to litigation.
Any mediation or civil action by Client must be commenced within one year of the accrual of the cause
of action asserted but in no event later than allowed by applicable statutes.

Hazardous Substances and Conditions. Kimley-Horn shall not be a custodian, transporter, handler,
arranger, contractor, or remediator with respect to hazardous substances and conditions. Kimley-Horn's
services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans
and specifications for isolation, removal, or remediation. Kimley-Horn will notify the Client of
unanticipated hazardous substances or conditions of which Kimley-Horn actually becomes aware.

Kimley-Horn may stop affected portions of its services until the hazardous substance or condition is
eliminated.

Construction Phase Services.

If Kimley-Horn prepares construction documents and Kimley-Horn is not retained to make periodic site
visits, the Client assumes all responsibility for interpretation of the documents and for construction
observation, and the Client waives any claims against Kimley-Horn in any way connected thereto.

Kimley-Horn shall have no responsibility for any contractor's means, methods, techniques, equipment
choice and usage, equipment maintenance and inspection, sequence, schedule, safety programs, or
safety practices, nor shall Kimley-Horn have any authority or responsibility to stop or direct the work of
any contractor. Kimley-Horn's visits will be for the purpose of observing construction and reporting to the
Client whether the contractors’ work generally conforms to the construction documents prepared by
Kimley-Horn. Kimley-Horn neither guarantees the performance of contractors, nor assumes
responsibility for any contractor's failure to perform its work in accordance with the contract documents.
Kimley-Horn is not responsible for any duties assigned to it in the construction contract that are not
expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall
State that the contractor shall be solely responsible for job site safety and its means and methods; that
the contractor shall indemnify the Client and Kimley-Horn for all claims and liability arising out of job site

accidents; and that the Client and Kimley-Horn shall be made additional insureds under the contractor's
general liability insurance policy.

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