R2009-04 AUTHORIZING AGREEMENT HANSON PROFESSIONAL SERVICES, INC.

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� �HANSON General Conditions Hanson Agreement: C08L0198 Agreement Date: December 29, 2008 Project Name: Lake Decatur Dam Spillway Structure Repairs l. Invoices: Charges for services will be billed at least as 4. Standard of Care: Services performed by HANSON frequently as monthly, and at the completion of the under this Agreement will be conducted in a manner Project. CLIENT shall compensate HANSON for any consistent with that level of care and skill ordinarily sales or value added taxes which apply to the services exercised by members of the profession currently rendered under this agreement or any addendum thereto. practicing under similar conditions. No other CLIENT shall reimburse HANSON for the amount of representation expressed or implied, and no warranty or such taxes in addition to the compensation due for guarantee is included or intended in this Agreement,or in services. Invoices are delinquent if payment has not been any report,opinion,document or otherwise. received within 30 days from date of invoice. There will be an additional charge of 1 1/2 percent per month 5. General Liability I�tsurance and Li�nitation: compounded on amounts outstanding more than 30 days. HANSON is covered by general liability insurance for All time spent and expenses incurred(including attorney's bodily injury and property damage arising directly from fees) in connection with collection of any delinquent its negligent acts or omissions, with limits which amount will be paid by CLIENT to HANSON per HANSON considers reasonable. Certificates of insurance HANSON's current fee schedules. shall be provided to CLIENT upon request in writing. Within the limits and conditions of such insurance, 2. Termination: This Agreement may be terminated by HANSON agrees to indemnify and save CLIENT either party upon written notice. Any termination shall harmless from any loss, damage or liability arising only be for good cause such as legal, unavailability of directly from any negligent act or omission by HANSON. adequate financing or major changes in the scope of HANSON shall not be responsible for any loss, damage services. In the event of any termination, HANSON will or liability beyond the amounts, limits and conditions of be paid for all services and expenses rendered to the date such insurance. HANSON shall not be responsible for of termination on a basis of payroll cost times a multiplier any loss, damage or liability arising from any act or of 3.0 (if not previously provided for) plus reimbursable omission by CLIENT, its agents, staff, other consultants, expenses,plus reasonable termination expenses,including independent contractors, third parties or others working the cost of completing analyses, records, and reports on the Project over which HANSON has no supervision necessary to document job status at the time of or control. termination. 6. Suspension of Services: If CLIENT fails to make 3. Reuse of Documents: All documents including payments when due or otherwise is in breach of this reports, drawings, specifications, and electronic media Agreement, HANSON may suspend performance of furnished by HANSON pursuant to this Agreement are services upon five (5) calendar days' notice to CLIENT. instruments of its services. They are not intended or HANSON shall have no liability whatsoever to CLIENT, represented to be suitable for reuse by CLIENT or others and CLIENT agrees to make no claim for any delay or on extensions of this project,or on any other project. Any damage as a result of such suspension. reuse without specific written verification or adaptation by HANSON will be at CLIENT's sole risk, and without 7. Consequential Damages: Notwithstanding any other liability to HANSON, and CLIENT shall indemnify and provision of this Agreement, and to the fullest extent hold harmless HANSON from all claims,damages,losses permitted by law, neither CLIENT nor HANSON, their and expenses including court costs and attorney's fees respective officers, directors, partners, employees, arising out of or resulting there from. Any such contractors or subconsultants shall be liable to the other or verification or adaptation will entitle HANSON to further shall make any claim for incidental, indirect, or compensation at rates to be agreed upon by CLIENT and consequential damages arising out of or connected in any HANSON. way to this Project or this Agreement. This mutual waiver of consequential damages shall include, but not be limited General Conditions(C/5)Rev.1 �