===== PDF PAGE 20 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: _:t~-' --_D._r __ Resolution No. 22-R-0073 - Engineering Resource Associates, Inc. - Phase II and Phase Ill Engineering Services for Klein COMMITTEE AGENDA DATE: December 1, 2022 COUNCIL AGENDA DATE: December 19, 2022Road Culvert Replacement Project in the amount not to exceed $102,896.00 STAFF REVIEW: Mehul T. Patel, P.E., CFM ., Director of Public Works SIGNATURE f\;l~~....--~- APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE _________ _ ITEM SUMMARY: In June 2022, the City received American Rescue Plan Act (ARPA) Grant through DuPage County Stormwater Management for Klein Road Culvert Replacement Project (Project) in the amount not to exceed $169,000. Subsequently, the City Council approved an Intergovernmental Agreement (IGA) with DuPage County on September 6, 2022, for acceptance of grant funds for construction costs. The Project's scope includes replacing the existing corrugated metal culvert with a concrete box culvert with cast-in-place end sections and downstream junction chambers. Construction is anticipated for summer 2023. The preliminary estimated construction cost for the Project is $338,000. To commence construction in Summer 2023, staff is requesting approval of the attached proposal from Engineering Resources Associates, Inc. (ERA) for engineering services related to Phase II (Design) and Phase Ill (Construction Oversight) of the Project in the amount not to exceed $102,896.00. ERA's scope for Phase II will include various traffic and design analyses, final plans and specifications, various survey work, appropriate permits, and Plat of Highways (POH) for the junction chambers outside of the right-of-way. However, the stormwater permit fees are excluded from ERA's engineering services. Phase II engineering for the project is anticipated to be completed in spring 2023. ERA's Phase Ill services will include construction submittal reviews, construction observation, material inspection completed by its subconsultant, Rubino Engineering, Inc., project documentation, and closeout. The FY 2023 Proposed Budget includes $77,600.00 under Capital Projects Funds (08-34-53-4842) for both the Design and Construction engineering. ERA's proposed engineering services in the amount of $102,896.00 is $25,296 higher than the budgeted amount due to unforeseen work scope associated with the POH. POH is required on this project for an anticipated IGA with the Forest Preserve District of DuPage County (FPDDC). An IGA is required to obtain a temporary construction easement from FPDDC for the replacement of the culvert and for grading and restoration activities. Acquiring a permanent easement from FPDDC is also anticipated to replace two existing storm junction chambers, which are outside of the City's right-of-way. ERA's original proposal for engineering service fees was $119,800. After successful negotiations of the scope and service fees, ERA reduced its fees by $16,904 or by approximately 14%. Typically, engineering costs for a locally funded construction project are between 15-20% when easements and/or Right-of-Way (ROW) are not required. The engineering costs are higher when such is required and when grant funds are involved. ERA's proposed service costs are approximately 30% of the estimated construction cost. Staff feels the costs are appropriate given the fact this project is partially funded by a grant and it involves land acquisition. ERA is familiar with the Project as they assisted the City with a successful ARPA Grant application in Spring 2022. The staff is pleased with their expertise and quality of work during the grant application process. Furthermore, staff recommends ERA to successfully lead and deliver the design and construction engineering for the Project. ===== PDF PAGE 21 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO ACTIONS PROPOSED: Approve Resolution No. 22-R-0073 authorizing the Mayor to execute a contract agreement with Engineering Resource Associates, Inc. of Warrenville, IL for Phase II and Phase Ill professional engineering services related to the Klein Road Culvert Replacement Project in an amount not to exceed $102,896.00. COMMITTEE RECOMMENDATION: ===== PDF PAGE 22 ===== [Extraction: embedded PDF text] RESOLUTION NO. 22-R-0073 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AGREEMENT WITH ENGINEERING RESOURCE ASSOCIATES, INC. OF WARRENVILLE, ILLINOIS FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE KLEIN ROAD CULVERT REPLACEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $102,896.00 BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute a contract agreement with Engineering Resource Associates, Inc. of Warrenville, IL for Phase II and Phase III professional engineering services related to the Klein Road Culvert Replacement Project in an amount not to exceed $102,896.00, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 19th day of December 2022. AYES: NAYES: ABSTAIN: ABSENT: Mayor Ruben Pineda ATTEST: Executive Office Assistant Valeria Perez ===== PDF PAGE 23 ===== [Extraction: embedded PDF text] ta\ ENGINEERING \!l) RESOURCE ASSOCIATES November 7th , 2022 Mehul Patel, PE, CFM Director of Public Works City of West Chicago 475 Main Street West Chicago, IL 60185 Subject: Klein Road Culvert Replacement Dear Mehul: Engineering Resource Associates, Inc. (ERA) is pleased to submit this proposal to Phase II and Phase Ill Engineering services for the replacement of the existing Corrugated Metal Pipe (CMP) with a box culvert with Cast-In-Place (CIP) end sections. Project also includes replacement of the downstream junction chamber. Plans will be designed under the direct supervision of a registered license structural engineer in the state of Illinois. Structural plans will also be signed and sealed. PHASE 2 ENGINEERING TASKS Task 1 - Traffic Management Analysis I Barrier Warrant Analysis I Pavement Design Klein Road is a minor collector with an Average Daily Traffic count of 1350. The project improvements will be designed anticipating roadway closure. The detour anticipated with use state routes IL 59 and IL route 64. Plans will include detour exhibits that will be submitted to IDOT for concurrence. A detour committee meeting will be required. A barrier warrant analysis will be required if end sections are located within the clear zone for the roadway. Project will include a pavement design per IDOT BLRS Chapter 44. Task 2 - Plans, Specifications, and Estimate (PS&E) ERA will prepare final plans, specifications, and cost estimates for the culvert replacement. The cost estimate will be provided to the City at both 75% and 100% construction plan documents. The following plans are anticipated: • Cover Sheet (1 sheet) • General Notes (1 sheet) • Removal Sheet (1 sheet) • Typical Sections (1 sheet) • Summary of Quantities (2 sheets) • Plan & Profile (1 sheet) • Detour Plans (2 sheets) • Erosion Control Sheets (2 Sheets) • Grading Plan (1 Sheet) • Culvert Details and End Sections (4 sheets) • Cross Sections (3 sheets) WARRENVILLE CHICAGO CHAMPAIGN 3S701 WEST AVENUE, SUITE 150 10 SOUTH RIVERSIDE PLAZA, SUITE 875 2416 GALEN DRIVE WARRENVILLE, IL 60555 CHICAGO, IL 60606 CHAMPAIGN, IL 61821 November NNYS0.393.3060 p 312.474. 7841 p 217.351.6268 WWW.ERACONSULTANTS.COM ===== PDF PAGE 24 ===== [Extraction: embedded PDF text] Page I 2 Task 3 - Geotechnlcal Subsurface Investigation Rubino Engineering will perform structure soil borings and a pavement core and provide design recommendations for the culvert replacement. Geotechnical services and report will conform to the requirements of the STATE Geotechnical Manual. Structure Borings. Two (2) structure borings are to be performed for the geotechnical investigation. Borings will be taken on the upstream and downstream sides. Depth will be 35-ft. Pavement Cores. One (1) pavement core will be taken to identify the existing pavement materials and thickness and to determine the properties of the underlying aggregate and soil. Laboratory Testing. The scope will include laboratory testing per AASHTO/ASTM guidelines testing for soil index, particle size distribution, Atterberg limits, soil settlement and collapse potential, shear strength of soil and soil classification. Geotechnical Report. A Geotechnical Report will be prepared to document the findings used in the development of the project. CCDD Testing. A geotechnical engineer will obtain a Potential Impacted Property" (PIP) evaluation for the project area and will include CCDD documentation (LPC 662/663). Task 4 - Permitting ERA will secure the DuPage County Stormwater Permit, United States Army Corps of Engineers (USACOE) permit, and the Kane DuPage Soil Water Conversation District (KDSWCD). Permitting does not include the agency permitting fees. Task 5 - Boundary Survey I Plat of Highway (POH) The existing ROW for Klein Road is 66-ft wide. The existing junction chamber is anticipated to be outside of the ROW and temporary easement will be required for the work outside the ROW. ROW acquisition and/or easements will potentially impact two (2) land parcels. • 0122400015 • 0122401001 • Necessary 'Courthouse research will be performed that will include all the plats, deeds, and right-of- way documents for each parcel within the project limits and adjoining the project. • Additional monument reconnaissance in the field as required to verify the existing right-of-way for the subject project. • A Plat will be prepared for the right-of-way takings and temporary construction easements and legal descriptions will be written for the two (2) parcels affected. A separate legal description will be needed for each holding affected, as determined by ownership. • Current Title Commitments will be necessary to determine ownership and total holdings. Title Commitments will be ordered by the ERA. • Plat-of-Highway and legal descriptions will be prepared and submitted to the City for coordination with the Forest Preserve • Plats shall be in accordance with STATE standards. Task 6 - Phase 2 Project Management The successful management of a Phase 2 project requires scheduling and reporting of the progress of the project. Services will include the following tasks: • Initiate project setup including contract administration, budget control and internal project team meetings. • Attend project kick-off meeting with the City for the Phase II Design ===== PDF PAGE 25 ===== [Extraction: embedded PDF text] Pag e I 3 • Prepare and submit monthly progress reports during months when engineering activities occur, and invoices are due. • Prepare and monitor a project schedule and will update the schedule periodically as tasks or project scheduling change, as well as perform scope of services reviews, resource planning, internal team coordination and contract administration and invoicing. • Establish and adhere to an approved project QA/QC plan. PHASE 3 ENGINEERING TASKS Task 7 - Phase 3 Project Management • Project Startup a) Review bidding/contract documents and engineering drawings b) Confirm drawings and specifications include all modifications to the documents including all addenda. c) Assemble Quantity and IDR books utilizing IDOT forms as required. • Meetings and Coordination - The following meetings and items are anticipated during the construction phase of this project: a) Attend the pre-construction meeting as a representative of the City. (1 meeting) b) Conduct regular weekly project meetings to review contractor progress, discuss project issues, coordinate with other contractors and review upcoming operations. c) Attend monthly progress meetings with the City. d) Distribute meeting summaries to attendees and other interested parties. e) Coordinate with the contractor and City's material testing consultant to ensure material testing conforms to contract requirements. f) Present updates, both written and oral for City staff, City Council or other constituents. • Submittal Reviews a) Record data received, maintain a file of shop drawings and catalog cut and material supply submissions and check administrative compliance with contract requirements. b) Review shop drawings and other submittals from the project contractor for conformance with the requirements of the contract documents. Notify the City of any deviations or substitutions. With the notification, provide the City with a recommendation for acceptance or denial, and request direction from the City regarding the deviation or substitution. c) Ensure that the contractor's materials conform to the requirements outlined in the contract documents. • Scheduling a) Monitor contractor's progress, adherence to project schedule and communicate with City staff. b) Review schedule with contractor on a daily basis and require contractor to update schedule on a weekly basis as necessary. c) Track and record working days as they are expended. It is anticipated that the awarded contractor may complete a project of this magnitude within 6 weeks (30 working days) after notice to proceed. • Pay Request and Change Order Review a) Review applications for payment and compare to documentation records on a monthly basis. b) Forward recommendations for payment to City staff. c) Review change order documentation and justifications. d) Forward change order recommendations to City staff. ~ ENGINEERING ~ RESOURCE .'.\SSOCIATES ===== PDF PAGE 26 ===== [Extraction: embedded PDF text] Page 14 Task 8 - Construction Layout • Construction Layout a) The project contractor will be required to provide construction layout services. b) ERA will confirm contractor layout coincides with plan call outs. Task 9 - Construction Observation • Construction Observation a) Provide one full-time resident engineer for the anticipated 30 actual (not just chargeable) working day construction period during the spring/summer 2023. For construction observation, we are anticipating an average of 9 hours per working day for our full-time resident engineer. b) Serve as the City's liaison with the contractor primarily through the contractor's superintendent, public/private utilities and various jurisdictional agencies. c) Arrange required material testing with the City's material testing consultant. d) Review weekly progress, prepare a weekly summary to be approved by the City and distributed to the interested parties. e) Daily review and inspection of traffic and erosion control items including completion of a weekly barricade check report. f) Maintain a database of names, addresses and telephone numbers of subcontractors, contractors, suppliers, and utility companies and other entities involved with the project. g) Alert the Contractor's field superintendent when un-approved materials or equipment are being used and advise the City of such occurrences. Task 10 - Project Documentation I Closeout • Documentation - The following tasks are anticipated. a) Track and measure contract pay item quantities using Inspector's Daily Reports. b) Keep and maintain a daily diary summarizing contractor operations, coordination activities, weather, project issues, etc. c) Maintain a database of names, addresses and telephone numbers of subcontractors, contractors, suppliers, and utility companies and other entities involved with the project. d) Collect and file material tickets. e) Prepare weekly reports. f) Submit project documentation to ERA office for use in reviewing contractor pay requests. g) Track contractor time and materials expended on extra work items • Project Closeout a) Prepare a list of items for correction by the contractor. b) Review testing results and incorporate into punch list. c) Work with City staff to incorporate items into the punch list. d) Work with contractor to complete all punch list items in a timely, responsive manner. e) Conduct final inspection with contractor and City representatives. f) Provide two (2) sets of as-built drawings (within 6 weeks of project completion) g) Provide final contract records/documents (within 6 weeks of project completion) ===== PDF PAGE 27 ===== [Extraction: embedded PDF text] Page I 5 Direct costs/reimbursables including printing costs, mileage and postage will be charged at the actual rate incurred plus ten percent. Fees for services not included in this proposal, when approved by the Client, will be compensated for on an hourly basis with a 2.8 multiplier. We greatly appreciate the opportunity to provide this proposal and we look forward to working with the City on this important assignment. Please contact me, the Primary Contact, at (630)393-3060 x2020 or mlange@eraconsultants.com. if you have any questions or comments. Sincerely, PE, SE/ Engineering Resource Associates, Inc.~a ~lProject Manager Corporate Office Location: 3s701 West Avenue, Suite 150, Warrenville, IL 60555 ===== PDF PAGE 28 ===== [Extraction: embedded PDF text] Page I 6 Exhibit 1 Acceptance & Authorization Form - November 4th, 2022 Klein Road Culvert Replacement Engineering Resource Associates, Inc. City of West Chicago Authorized Signature A1:::d~'zre Melissa Lange, PE, SE I Project Manager Ruben Pineda I Mayor Printed Name and Title Printed Name and Title 3S701 West Avenue Date Suite 150 Warrenville, Illinois 60555 630-393-3060 t, 630-393-2152 f Please Provide Contact Information: Mailing Address: (please provide street address for UPS deliveries) Telephone & Facsimile Numbers: Email Address: INVOICES should be sent via: Email EJ USPS Mail D Email & USPS Mail D If different than above address, invoices should be addressed to: mpatel@westchicago.org Attn: Mehul Patel Invoice Email Address (if different than above): Note any billing forms/procedures: C:\Users\mlange\Desktop\PROPOSALS\West Chicago\Letter Proposal.docx ===== PDF PAGE 29 ===== [Extraction: embedded PDF text] 35701 West Avenue Suite 150 Warrenville, IL 60555 ~ENGINEERING Phone: 630.393.3060 Fax: 630.393.2152 ~RESOURCE ASSOCIATES www.eraconsultants.com CLIENT: City of West Chicago Date: 10/ 24/2022 PROJECT: Klein Road Culvert Replacment Consultant: Engineering Resource Associates, Inc. PROJECT LOCATION: West Chicago Project Manager: M. Lange COUNTY: DuPage PP/PL No.: PL2203.07 TASK WEIGHTED %0FGRAND WORK DESCRIPTION HOURS FEE No. HOURLY RATE TOTAL 1 Traffic Management J Barrier Warrant Analysis J Pavement Design 24 $139 $3,300.00 3.21% 2 Plans, Specifications and Estimates (PS&E) 186 $136 $25,300.00 24.59% 3 Geotechnical Subsurface Investigation 3 $210 $600.00 0.58% 4 Permitting 68 $131 $8,900.00 8.65% 5 Boundary Survey I Plat of Highway 102 $147 $15,000.00 14.58% 6 Phase II Project Management 8 $210 $1.700.00 1.65% 7 Phase Ill Project Management 40 $153 $6.100.00 5.93% 8 Construction Layout 4 $111 $400.00 0.39% 9 Construction Observation 240 $122 $29,200.00 28.38% 10 Project Documentation I Closeout 24 $132 $3,200.00 3.11% Subcontractors Rubino Engineering $6,450.00 6.27% Reimbursables Construction Vehicle I Mileage $1,350.00 1.31% Printing Costs $396.00 0.38% Title Commitments $1.000.00 0.97% Optional Services TOTALS 699 $149.00 $102,896.00 100% ===== PDF PAGE 30 ===== [Extraction: embedded PDF text] 35701 West Avenue SUite 150 warrenville, IL 60555 ~ENGINEERING Phone: 630.393.3060 Fax:_630.393.2152 ~RESOURCE ASSOCIATES www.eraconsultants.com CLIENT: City of West Chicago Date: 10/24/2022 PROJECT: Klein Road Culvert Replacment Consultant: Engineering Resource Associates, Inc. PROJECT LOCATION: West Chicago Project Manager: M. Lange COUNTY: DuPage PP/ PL No.: PL2203.07 Traffic Management I Plans, Specifications and Geotechnlcal Subsurface Permitting Barrier Warrant Analvsls I _ Estimates (PS&El Investigation. _"..,....-- HOURLY WGTD WGTD WGTD WGTD PAYROLL CLASSIFICATION HOURS % PART HOURS %PART HOURS %PART HOURS % PART RATE RATE RATE RATE RATE Structural Engineer IV $210.00 40 21.5% $45.17 3 100.0% $210.00 4 5.9% $12.35 Professional Engineer Ill $167.00 12 50.0% $83.50 15 8.1% $13.46 8 11.8% $19.64 Staff Engineer II $110.00 12 50.0% $55.00 131 70.4% $77.47 48 70.6% $77.65 Professional Surveyor II $180.00 8 11.8% $21.17 Surveyor Ill $111.00 Professional Engineer Ill $167.00 Professional Engineer IV $191.00 Staff Engineer I $102.00 Professional Engineer Ill $167.00 Engineering Technician VI $152.00 IUIAL!:i 24 100.0% $138.50 186 100.0% $136.10 3 100.0% $210.00 68 100.0% $130.80 ===== PDF PAGE 31 ===== [Extraction: embedded PDF text] 35701 West Avenue Suite 1.50 warrenville, IL 60555 ~ENGINEERING Phone: 630.393.3060 Fax: 630.393.2152 ~RESOURCE ASSOCIATES www.eraoonsultants.com Date: 10/24/2022 CLIENT: City of West Chicago Consultant: Engineering Resource Associates, Inc. PROJECT: Klein Road Culvert Replacment Project Manager: M. Lange PROJECT LOCATION: West Chicago PP/PL No.: PL2203.07 COUN"TY: DuPage Boundary Survey I Plat of Phase II Project Phase Ill Project Construction Layout Hll!hwat Management ManaJ!:ement HOURLY WGTD WGTD WGTD WGTD PAYROLL CLASSIFICATION HOURS %PART HOURS %PART HOURS %PART HOURS % PART RATE RATE RATE RATE RATE Structural Engineer IV $210.00 8 100.0% $210.00 4 10.0% $21.00 Professional Engineer Ill $167.00 Staff Engineer II $110.00 Professional Surveyor II $180.00 30 29.4% $52.94 Surveyor Ill $111.00 32 31.4% $34.82 4 100.0% $111.00 Professional Engineer Ill $167.00 Professional Engineer IV $191.00 18 45.0% $85.95 Staff Engineer I $102.00 18 45.0% $45.90 Professional Engineer Ill $167.00 Engineering Technician VI $152.00 40 39.2% $59.61 IUIAL::l 102 100.0% $147.37 8 100.0% $210.00 40 100.0% $152.85 4 100.0% $111.00 ===== PDF PAGE 32 ===== [Extraction: embedded PDF text] 3S7 EXP l/Wiano .,.._,! 110 000 PSmOW. 6 NN N.AIRl' 11 000 000 -OSil.AOGllEGllTE· UUIT APPi.iE& PER: CENERALAGOR&G\Te 12.000.000 PRODUCT&-~ AOO 12.000 000 DLOC =i::Ul~ A Mll1JmDllLE Llll8IUl'Y PSA0001881 (19/0112021 09/0t/202:i ~e......,...,..r rs1.000,000' - x fllt('(MITO 900ILYllMURY --) I - SCHEDULED - OMED llllTOBONLY llllTOll - - llCXllLY 9'JIJRY -K.-itl I ~ I x llllTOBHAED ONLY x l\llT06 ONLy ,. .......... - - I ·--· A .-a.Lt.UAB - PSE0002142 ~9/0t/2021 09/011202~ EACH ocaJRRENCe 15 000 000 - X DCelSUAB ~~ .-GA.Te 15 000.000 oeo I I 11£TEN110N I II A <»ID IDll'LOYElll' ilUIUTY PSW0002789 ~9/0t/2021 09/011202~ xi~~~ I 1&.- JW'f PRCPREl"c;A.'PAIUNERIE!EOOTIYE@ E.L EACH ACOIDIENT 111000000 ElllCllDED'! 1JFIFICEIWEMBER y NIA - -·-.....~-lllQ E.L Cl8EASE· EA-""""' 1st 000 000 DEliCR!l'TICN OFQl'EAA110NS-· E.L DlllEA&E· POLICY I.MT 11000000 B Professional AEC904730502 ~/0 1/2021 09/011202~ $2,000,000 each claim I "--- Liability $4,000,000 annual aggr. lllE8CRPllllllOF·Ol'ERIUIDlllJLOCATIDllllVERCl.EllACORD1ll'l,---·-lle ........ ____ Professionat Liability is wrilbm on a 'claims made' policy fom1. Some or a'll off"icers are exeluded from Wo~kers Compensation coverage. Contractors Pollution Liability Coverage: rlnsural'\oe Canier - Capitol Specialty 'Insurance CoTporation (NAIC #10328) (See Attached Des~rlptions) CERTIFICATE HOL!DER CANCELlATIOH SHOULD AJf'I Of THE ABOVE OESCRlllED POUaEI 8E CANCEU.ED BEFORE Rubino Engineering, Inc. THE EXPllU:llOH DATE lllER£0F. NOTIC£ WILL BE DEIJVEllED IN ACCORDANCE wrTH TIE POI.ICY PROVlllONI. AU1'llOAIZEO REl'flEl&fl"AlM! I ,!;,_~.--- ~ ,,,.,L VJ - . 0 1988-2015 ACORD CORPORATION.. All rights reserv~. ACORD 2S (.2016/03) 1 of 2 The ACORD name and logo are registend mMks of ACORD fi33180242JM33tl02t 2 LXCAA Rubino Engineering, Inc. ===== PDF PAGE 51 ===== [Extraction: embedded PDF text] Proposed Klein Culvert Replacement in West Chicago, J/linois October 31, 2022 Rubino Proposal No. Q22.l 33g_REV1 Page 12of12 GENERAL CONDITIONS 1. PARTIES AND SCOPE OF SERVICES: Rubino Engineering, Inc. shell include said company or Its particular division, subsidiary or affiliate perfonnlng tha services. "Services" means the specific geotechnlcal, analytical, testing or othar service to be perfonned by Rubino Engineering, Inc. as set forth In Rubino Engin-ing, lnc.'s proposal, Client's acceptance thereof and these General Conditions. Additional services ordered by Client shall also be subject to these General Conditions. "Clienr refers to the person or business entity ordering the services to be done by Rubino Engineering, Inc. If Client is order1ng the services on behalf of another, Client represents and warrants that it is the duly author1zed agent of said party for the purpose of order1ng and directing said services, Unless otherwise stated in writing, Client assumes sole responsibility for detenninlng whether the quantity and the nature of the services ordered by the client is adequate and sufficient for Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of Rubino Engineer1ng, lnc.'s services. Rubino Englneer1ng, Inc. shall have no duty or obligation to any third party greater than that set forth in Rubino Engineering, lnc.'s proposal, Client's acceptance thereof end these General Conditions. The ordering of services from Rubino Engineer1ng, Inc .. or the reliance on any of Rubino Engineering, lnc.'s wort<, shall constitute acceptance of the tenns of Rubino Engineering, lnc.'s proposal and these General Conditions, regardless of the tenns of any subsequently Issued document. 2. TESTS AND INSPECTIONS: Client shall cause all tests and inspection of the site, materials and wort< perfonned by Rubino Engineering, Inc. or others to be timely and property perfonned in accordance with the plans, specifications and contract documents and Rubino Engineering, lnc.'s recommendations. No claims for loss, damage or Injury shall by brought against Rubino Engineering, Inc, by Client or any third party unless all tests and inspections have been so perfonned and unless Rubino Engineering, lnc.'s recommendations have been followed. Client agrees to indemnify, defend and hold Rubino Engineenng, Inc., its officers, employees and agents hannless from any and all claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in the event that all such tests and inspections are not so perfonned or Rubino Engineering, lnc.'s recommendations are not so followed except to the extent that such failure Is the result of the negligence, wll~ul or wanton act of omission of Rubino Engineering, Inc., its officers, agents or employees, subject to the limitation contained in paragraph 9. 3. SCHEDULING OF SERVICES: The services set forth in Rubino Engineering, lnc.'s proposal and Client's acceptance will be accomplished in a limely, worl one-half of Iha employee's annualized salary, wtth Rubino Englneeflng. Inc. waiving other remedies It may have. 15. HAZARDOUS MATERIALS: Nolhlng contained within this agreement shall be consll\Jed °' lnterpre1ed as requirtng Rubino Engineering, Inc. to assume tho.stalus Of an owner. operetor, generator, storer, transporter, treater or disposal facility as those tenns appear wlthln RCRA, CERCLA, or wlthln any Federal or State statute or regutauon govamlng the generation, trensportallon. treatment, storage and dlsposal of pollutants. Cl ent s.ssumes Ml responslblllty ror compliance wltli the provisions ol RCRA, CERCLA. and any other Federal or Stato statute or reguleUon govemlng the handling, treatmen~ slors.ge and disposal or pollutants. 16. PROVISIONS SEVERABLE: The parties have ont.ered Tnto this agreement Tn good railh and it ts tho .specific Intent of tha par1les uiat the 1enns or lhe Generat Conditions be enron:ed ns written. In tho event any of the provlslons of these General Conditions should be round to be unenfO