2026 7 13 Work Session PACKET Council

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July 7, 2026, Page 8 
kimley-horn.com 537 Market Street, Suite 202 Chattanooga, TN 37402 423 266 3501 
 
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 (“Services”).  Any services that are not 
set forth in the scope of Services described herein will constitute additional services 
(“Additional Services”).  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 in-house reproduction, postage, supplies, digital data storage and 
security, 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 of 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 
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