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R2009-181 AUTHORIZING AN AGREEMENT
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R2009-181 AUTHORIZING AN AGREEMENT
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Last modified
10/13/2015 8:33:41 AM
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10/13/2015 8:33:40 AM
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Resolution/Ordinance
Res Ord Num
R2009-181
Res Ord Title
AUTHORIZING AN AGREEMENT WITH HANSON PROFESSIONAL SERVICES, INC. FOR THE 2009, 2010 AND 2011 ANNUAL DAM INSPECTIONS
Department
Public Works
Approved Date
9/21/2009
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, � <��i HANSON <br /> cause of action including negligence, strict liability,breach them arising out of or relating to this Agreement or this <br /> of contract and breach of strict and implied warranty. Both Project shall be submitted to nonbinding mediation. <br /> CLIENT and HANSON shall require similaz waivers of <br /> consequential damages protecting all the entities or persons l2. Authority and Responsibilily: HANSON shall not <br /> named herein in all contracts and subcontracts with others guarantee the work of any Contractor or Subcontractor, <br /> involved in the Project. shall have no authority to stop work, shall have no <br /> supervision or control as to the work or persons doing the <br /> 8. Limitation of Remedies: The CLIENT understands work, shall not have charge of the work, and shall not be <br /> that for the compensation herein provided HANSON responsible for safety in, on, or about the job site or have <br /> cannot expose itself to remedies disproportionate to the any control of the safety or adequacy of any equipment, <br /> nature and scope of HANSON's services or the building component, scaffolding, supports, forms or other <br /> compensation payable to it hereunder. Therefore, the work aids. <br /> CLIENT agrees to limit HANSON's remedies to the <br /> CLIENT arising from HANSON's professional acts,errors, 13. Right of Entry: CLIENT shall provide for HANSON's <br /> omissions,strict liability,or breach of contract such that the right to enter property owned by CLIENT and/or others in <br /> total aggregate amount of remedies of HANSON shall not order for HANSON to fulfill the scope of services for this <br /> exceed $50,000 or HANSON's total net fee for services Project. CLIENT understands that use of exploration <br /> rendered on this Project, whichever is greater. This equipment may unavoidably cause some damage, the <br /> limitation of remedies clause pertains to HANSON and its correction of which is not the responsibility of HANSON. <br /> employees, and to its subcontractors and subconsultants, <br /> and applies as single aggregate amount to all work l4. U[ilities: CLIENT shall be responsible for designating <br /> performed under the Agreement, including all work the location of all utility lines and subterranean structures <br /> performed under an amendment or modification. If within the property line of the Project. CLIENT agrees to <br /> CLIENT desires a limit of remedies greater than that waive any claim against HANSON, and to defend, <br /> provided above, CLIENT and HANSON shall include in indemnify and hold harmless from any claim or liability for <br /> this Agreement the amount of such limit and the additional injury or loss arising from HANSON or other persons <br /> compensation to be paid to HANSON for assumption of encountering utilities or other man-made objects that were <br /> such additional risk. not called to HANSON's attention or which were not <br /> properly located on plans furnished to HANSON. CLIENT <br /> 9. Assignment: Neither party to this Agreement shall further agrees to compensate HANSON for any time or <br /> transfer, sublet, or assign any rights or duties under or expenses incurred by HANSON in defense of any such <br /> interest in this Agreement, including but not limited to claim, in accordance with HANSON's prevailing fee <br /> monies that are due or monies that may become due, schedule and expense reimbursement policy. <br /> without the written consent of the other party. <br /> Subcontracting to subconsultants, normally contemplated 15. Job Site: Services performed by HANSON during <br /> by HANSON as generally accepted business practice,shall construction will be limited to providing assistance in <br /> not be considered an assignment for purposes of this quality control and to deal with questions by the CLIENT's <br /> Agreement. representative concerning conformance with drawings and <br /> specifications. This activity is not to be interpreted as an <br /> l0. Statutes of Repose artd Limitation: All legal causes of inspection service, a construction supervision service, or <br /> action between the parties to this Agreement shall accrue guaranteeing the Contractor's performance. HANSON will <br /> and any applicable statutes of repose of limitation shall not be responsible for construction means, methods, <br /> begin to run not later than the date of Substantial techniques, sequences or procedures, or for safety <br /> Completions. If the act or failure to act complained of precautions and programs. HANSON will not be <br /> occurs after the date of Substantial Completion, then the responsible for the Contractor's obligation to carry out the <br /> date of final completion shall be used,but in no event shall work in accordance with the Contract Documents. <br /> any statute of repose of limitation begin to run any later HANSON will not be considered an agent of the owner and <br /> than the date HANSON's services are competed or will not have authority to direct the Contractor's work or to <br /> terminated. stop work. <br /> Il. Dispute Resolution: In an effort to resolve any 16. Opinions of Cost: Since HANSON has no control over <br /> conflicts that arise during the design and construction of the cost of labor, materials or equipment or over a <br /> this Project or following completion of this Project, the Contractor's method of determining prices, or over <br /> CLIENT and HANSON agree that all disputes between competitive bidding or market conditions, its opinions of <br /> probable Project cost or construction cost for this Project <br /> General Conditions(G/G)Rev. 1 Z <br />
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