R2005-121 AUTHORIZING AGREEMENT - Laserfiche WebLink

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� < . � ' ` GENERAL CONDITIONS PROFESSIONAL SERVICES AGREEMENT Agreement Date: August ,2005 Project. Annual Dam Inspections,Lake Decatur Dam,DredginQ Sediment Storage Faciliiy Decatur,Illinois 1. INVOICES: Charges for services will be billed at least as frequently as monthly, HANSON shall not be responsible for any loss,damage or liability arising from any and at the completion of the Project. CLIENT shall compensate IIANSON for any act or omission by CLIENT, its agents, staff, other consultants, independent sales or value added taxes which apply to the services rendered under this agreement contractors,third parties or others working on the Project over which HANSON has or any addendum thereto. CLIENT shall reimburse HANSON for the amount of such no supervision or control. taxes in addition to the compensation due for services. Invoices aze delinquent if payment has not been received within 30 days from date of invoice. There will be an 6. LIMITATION OF LIABILII'1': The Client understands that for the additional charge of 1 1/2 percent per month compounded on amounts outstanding compensation herein provided, HANSON cannot expose itself to liabilities more than 30 days. All time spent and expenses incurred(including attomey's fees) disproportionate to the nature and scope of HANSON's services or the compensation in connection with collection of any delinquent amount will be paid by CLIENT to payable to it hereunder. Therefore,the CLIENT agrees to limit HANSON's liability HANSON per HANSON's current fee schedules. to the CLIENT arising from HANSON's professional acts,errors or omissions,such that the total aggregate liability of IIANSON shall not exceed$50,000 or FIANSON's 2. TERMINATION: This Agreement may be terminated by either party upon total fee for services rendered on this Project,whichever is less. written notice. Any termination shall only be for good cause such as legal, unavailability of adequate financing or major changes in the scope of services. In the 7. AUTHORITY AND RESPONSIBILITY: EiANSON shall not guarantee the event of any termination, IIANSON will be paid for all services and expenses work of any Contractor or Subcontractor,shall have no authority to stop work,shall rendered to the date of termination on a basis of payroll cost times a multiplier of 3.0 have no supervision or control as to the work or persons doing the work,shall not (if not previously provided for) plus reimbursable expenses, plus reasonable have charge of the work,and shall not be responsible for safety in,on,or about the termination expenses,including the cost of completing analyses,records,and reports job site or have any control of the safery or adequacy of any equipment,building necessary to document job status at the time of termination. component,scaffolding,supports,forms or other work aids. 3. REUSE OF DOCUMENTS: All documents including drawings,specifications, 8. MODIFICATION TO THE AGREEMENT: CLIENT or HANSON may,from and electronic media furnished by HANSON pursuant to this Agreement are time to time, request modifications or changes in the scope of services to be instruments of its services. They are not intended or represented to be suitable for performed hereunder. Such changes, including any increase or decrease in the reuse by CLIENT or others on extensions of this project,or on any other project. Any amount of fiANSON's compensation, to which CLIENT and HANSON mutually reuse without specific written verification or adaptation by IIANSON will be at agree shall be incorporated in this Agreement by a written amendment to the CLIENT's sole risk,and without liability to HANSON,and CLIENT shall indemnify Agreement. and hold harmless I IANSON from all claims,damages,losses and expenses including court costs and attorne�s fees arising out of or resulting therefrom. Any such 9. GOVERNING LAW: This Agreement shall be govemed by and interpreted verification or adaptation will entitle I IANSON to further compensation at rates to be pursuant to the laws of the State of Illinois. agreed upon by CLIENT and HANSON. 10. RIGHT OF ENTRY: CLIENT shall provide for HANSON's right to enter 4. STANDARD OF CARE: Services performed by HANSON under this property owned by CLIENT and/or others in order for IIANSON to fulfill the scope of Agreement will be conducted in a manner consistent with that level of care and skill services for this Project. CLIENT understands that use of exploration equipment may ordinarily exercised by members of the profession currendy practicing under similar unavoidably cause some damage,the correction of which is not the responsibility of conditions. No other representation expressed or implied, and no warranty or HANSON. guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise. 11. UTILITIES: CLIENT shall be responsible for designating the location of all utility lines and subterranean structures within the property line of the Project. 5. GENERAL LIABILITY INSiIRANCE AND L[MITATION: HANSON is CLIENT agrees to waive any claim against HANSON,and to defend,indemnify and covered by general liability insurance for bodily injury and property damage arising hold harmless from any claim or liabiliry for injury or loss arising from HANSON or directly from its negligent acts or omissions,with limits which HANSON considers other persons encountering utilities or other man-made objects that were not called to reasonable. Certificates of insurance shall be provided to CLIENT upon request in IIANSON's attention or which were not properly located on plans fumished to writing. Within the limits and conditions of such insurance, HANSON agrees to HANSON. CLIENT further agrees to compensate HANSON for any time or indemnify and save CLIENT hannless from any loss, damage or liability arising expenses incurred by HANSON in defense of any such claim, in accordance with direcdy from any negligent act or omission by HANSON. HANSON shall not be HANSON's prevailing fee schedule and expense reimbursement policy. responsible for any loss,damage or liability beyond the amounts,limits d conditions of such insurance. <��►� HANSON G-GREVO (over)