R2010-88 AUTHORIZING AN AGREEMENT WITH HANSON PROFESSIONAL SERVICES, INC.

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� �HANSON man-made objects that were not called to HANSON's the other party which are designated in writing by such attention or which were not properly located on plans other party as confidential at the time of transmission,and furnished to HANSON. CLIENT further agrees to are obtained or acquired by the receiving party in compensate HANSON for any time or expenses incurred connection with this Agreement, and said party shall not by HANSON in defense of any such claim, in accordance disclose such information to any third party. with HANSON's prevailing fee schedule and expense reimbursement policy. 20. Third Parly Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a 16. Job Site: Services performed by HANSON during cause of action in favor of a third party against either construction will be limited to providing assistance in CLIENT or HANSON. HANSON's services under this quality control and to deal with questions by the Agreement are being performed solely for the CLIENT's CLIENT's representative concerning conformance with benefit, and no other party or entity shall have any claim drawings and specifications. This activity is not to be against HANSON because of this Agreement or the interpreted as an inspection service, a construction performance or nonperformance of services hereunder. supervision service, or guaranteeing the Contractor's CLIENT and HANSON agree to require a similar provision performance. HANSON will not be responsible for in all contracts with contractors, subcontractors, construction means, methods, techniques, sequences or subconsultants, vendors, and other entities involved in this procedures, or for safety precautions and programs. Project to carry out the intent of this provision. HANSON will not be responsible for the Contractor's obligation to carry out the work in accordance with the 2l. Severability: If any term or provision of this Agree- Contract Documents. HANSON will not be considered ment is held to be invalid or unenforceable under any an agent of the owner and will not have authority to direct applicable statue or rule of law, such holding shall be the Contractor's work or to stop work. applied only to the provision so held, and the remainder of Ithis Agreement shall remain in full force and effect. l7. Opinions of Cost: Since HANSON has no control over the cost of labor, materials or equipment or over a 22. Survival: Notwithstanding completion or termination Contractor's method of determining prices, or over of the Agreement for any reason, all rights, duties, competitive bidding or market conditions, its opinions of obligations of the parties to this Agreement shall survive probable Project cost or construction cost for this Project such completion or termination and remain in full force and ' will be based solely upon its own experience with effect until fulfilled. construction, but HANSON cannot and does not guarantee that proposals,bids or the construction cost will 23. Entire Agreerrtent: This Agreement is the entire not vary from its opinions of probable costs. If the Agreement between the CLIENT and HANSON. It CLIENT wishes greater assurance as to the construction supersedes all prior communications, understandings and cost,he shall employ an independent cost estimator. agreements, whether written or oral. Both parties have participated fully in the preparation and revision of this l8. Shop Drawing Review: CLIENT agrees that Agreement, and each party and its counsel have reviewed HANSON's review of shop drawings, when such review the final document. Any rule of contract construction is included in the scope of services, shall be solely for regarding ambiguities being construed against the drafting their conformance with HANSON's design intent and party shall not apply in the interpreting of this Agreement, conformance with information given in the construction including any Secrion Headings or Captions. Amendments documents. HANSON shall not be responsible for any to this Agreement must be in writing and signed by both aspects of a shop drawing submission that affect or are CLIENT and HANSON. affected by the means, methods, techniques, sequences and operations of construction, safety precautions and 24. Modification to the Agreement: CLIENT or programs incidental thereto, all of which are the HANSON may, from time to time, request modifications Contractor's responsibility. The Contractor will be or changes in the scope of services to be performed responsible for lengths, dimensions, elevations, quantities hereunder. Such changes, including any increase or and coordination of the work with other trades. CLIENT decrease in the amount of HANSON's compensation, to warrants that the Contractor shall be made aware of his which CLIENT and HANSON mutually agree shall be responsibilities to review shop drawings and approve incorporated in this Agreement by a written amendment them in these respects before submitting them to to the Agreement. HANSON. , 25. Governing Law: This Agreement shall be governed l9. Confidentialily: Each party shall retain as by and interpreted pursuant to the laws of the State of ' confidential, all information and data furnished to it by Illinois. � General Conditions(C/S)Rev.2 3