R-19-08 04/14/2008RESOLUTIONI� ( 9 cpg-
A RESOLUTION TO APPROVE A CONTRACT WITH PATRICK
ENGINEERING FOR DESIGN OF RETAINING WALL ALONG
RIVER STREET
NOW, THEREFORE BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont that:
SECTION 1: That the Village Administrator is authorized to enter into a contract
for professional services with Patrick Engineering at a cost not to exceed $49,779.
SECTION 2: Effective Date: This Resolution shall be in full force and effect from
and after its passage, approval and publication in the manner provided by law.
The Village Clerk of the Village of Lemont shall certify to the adoption of this
Ordinance and cause the same to be published in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS
on this t 4 Day of �0 1 , 2008.
AYES NAYS PASSED ABSENT
Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves ✓
Ronald Stapleton
Jeanette Virgilio
Attest:
CHARLENE SMOLLEN, Village Clerk
PATRICK
ENGINEERING INC.
March 28, 2008
Mr. George Schafer
Assistant Village Administrator
Village of Lemont
418 Main Street
Lemont, Illinois 60439
Subject: BNSF Retaining Wall
Reference: PEI Proposal No. 2A808.516
Dear Mr. Schafer:
4970 Varsity Drive
Lisle, IL 60532 -4101
Tel: (630) 795 -7200
Fax: (630) 724 -1681
Patrick Engineering Inc. is pleased to present this proposal to provide professional engineering
services to the Village of Lemont for structural, geotechnical and survey services as it relates to
the BNSF Retaining Wall Project along River Street. The following is a revised Scope of
Services based on our understanding of the Village of Lemont's requirements as discussed in
your office as well as further discussions with the Village's engineer Jim Cainkar. We have also .
contacted the BNSF Railway so as to incorporate their needs as well.
Experience and Qualifications:
Patrick Engineering Inc. is a full- service engineering firm with specialized expertise in
transportation planning and design including railroad planning and design. Patrick has Master
Services Agreements to provide engineering services to many of the class I railroads including
the BNSF Railway. Patrick is familiar with the BNSF Railway's standards and practices and has
been involved with similar type projects.
Scope of Services:
Patrick Engineering Inc. proposal is based on the following:
• Wall length no more than 300 -ft.
• Wall height less than 10 -ft.
• Design based on current track location only.
• CADD drawings to be done in Microstation format.
• Right -Of -Way fencing is not included in our scope.
• Erosion Control is not included in,our scope.
• Maintenance of Traffic is Ra - included in our s& e.
• Design of temporary shoring, if required, is *et included in our scope.
• Use IDOT standard fence or railing if required.
• Village to select form liner finish if required.
Chicago, IL • Lisle, IL • Springfield, IL • Madison, WI • Milwaukee, WI • Detroit, MI • Philadelphia, PA • St. Petersburg, FL
(800) 799 -7050 • www.patrickengineering.com
Village of Lemont
Proposal No. 2A808.516
March 28, 2008
The following tasks will be included:
Page 2 of 3
1. Perform a topographical survey starting near the Lemont Road bridge pier and extending
about 500 -ft to the east along the BNSF right -of -way. Survey will include BNSF Railway
tracks and a portion of River Street. Costs for Right of Entry permit and BNSF Railway
flagman has been included.
2. Geotechnical investigation and report. It is anticipated that up to five (5) soil borings will
be required with three (3) of the boring extending into rock.
3. Coordinate with the BNSF Railway Company to determine specific requirements unique
to this location and submit drawings for BNSF Railway review.
4. Prepare final design drawings for a Soldier Pile Wall.
Cost of Services:
Patrick engineering proposes to perform the Scope of Services stated above for a cost plus fixed
fee not to exceed $49,779.00. Should any additional work outside the stated scope of services be
required, the work will be performed on a time and material basis. No additional work of any
type will be performed without express written authorization from the Village of Lemont.
The Scope of Services described above will be performed in accordance with the enclosed Client
Project Agreement for Professional Services. To authorize Patrick Engineering to proceed with
these services, please have the appropriate person sign where indicated below and sign the
attached Agreement and return one original of each to me. Receipt of the signed Proposal and
Agreement will serve as our notice to proceed. This proposal will be open for acceptance until
May 15, 2008, unless changed by Patrick in writing.
We appreciate this opportunity to work with the Village of Lemont on this project. Should you
have any question on the enclosed information, please call me at 630- 795 -7297.
Sincerely,
PATRICK ENGINEERING INC.
Roger DiGiulio, P.E., S.E.
Structural Engineering Manager
Paul M. Lopez, P.E., S.E.
V.P. Transportation Manager
Enclosures: Client Project Agreement for Professional Services (2 copies)
Village of Lemont
Proposal No. 2A808.516
March 28, 2008
ACCEPTANCE
Page 3 of 3
The contents of this proposal for performing professional engineering services to the Village of
Lemont for structural, geotechnical and survey services as it relates to the BNSF Retaining Wall
Project dated March 28, 2008, including the indicated attachments are understood and accepted
as indicated. Patrick Engineering Inc. is hereby authorized to proceed with the work described
herein.
By: , I
Title: a>(nYti r ( - [`4zZC4 ,i1GtG , (Pce_slc2,vii-
Date: 4- 14-uiS
Y: \Proposals\Proposals E- L`Lemont, Village of\2A808.516 (Lemont_BNSF Retaining Wall)1Docs
ENGINEERING ESTIMATE FOR Village of Lemont
Structure -BNSF Retaining Wall
along River Street, Lemont, Illinois
Task or Drawing Description
Meetings
Telecom with village or BNSF
Site Visit (2 Assumed)
Direct Railroad Coordination
Geotechnical:
Subsurface Investigation & Utility Location
Field Exploration - Groff Testing
Laboratory Testing
Geotechnical Eng Analysis and Reporting
Survey:
Topographical Survey
Final Design
Title Sheet with Location Map
Total Structural
Dwga Design
HOURS PER DRAWING OR TASK
Tech 5 Struc I S Struc Senior
Draw Des Chk 1 Dwg Chk Geotech Geotech
Project Railroad
Surveyor Liason
rtj
T5 e
General Notes
General Plan and Elevation
Walt Layout (Plan and Elevation)
Wall Layout (Plan and Elevation)
1
6"
Railing Detail (Use/Modify IDOT Standard) `'a1' �. i-?''-0 =>x
Miscellaneous Details (Wall Drainage)
Boring Log
Boring Log
Track Cross Sections
Review RR Requirements & Soil's Report
Wall Design
Total
11
141
110
54
27
16 19
Direct Labor
Classification
Hours
Rate
$ Labor
Project Manager (not incl. above) (5%
21
r " }'i 96:
51,028
Sr. Structural Engineer
81
,.'442.1S
53,463
Structural Engineer
141
r8f,tt I
54,894
Technician
110
52,610
Senior Geotechnicat Engineer
16
$
5684
Geotechnical Technician
19
ps' ___ S
5451
Project Surveyor
26
$797
Railroad Liason
26
51,339
ga -.u.
50
Total
440
$15,266
Direct Costs
Shipping, Panting
Transportation for 2 Site Visits
Subsurface Investigation & Utility Location
Field Exploration - Groff Testing
Laboratory Testing
Geotechnical Eng Analysis and Reporting
BNSF ROE Application Fee
BNSF Flagman (2 -days)
Total $7,033
SUMMARY OF FEES
Direct Labor 515,266
Direct Labor Multiplier
Direct Labor times DLM 542,746
Direct Cost 57,033
Grand Total $49,779
PATRICK
ENGINEERING INC.
CLIENT PROJECT AGREEMENT
FOR PROFESSIONAL SERVICES
INCLUDING THE STANDARD ADDENDUM FOR
ENVIRONMENTAL AND /OR GEOTECHNICAL SERVICES
This Agreement between Patrick Engineering Inc. (PATRICK) and The Village of Lemont
(CLIENT) consists of these terms, the proposal (including attachments thereto) identified as
BNSF Retaining Wall Project and dated March 28, 2008 and PATRICK's Standard Addendum for
Environmental and/or Geotechnical Services. This Agreement is effective this 15 day of May,
2008 .
ARTICLE I: SCOPE OF SERVICES
The Scope of Services to be performed by PATRICK is set forth in the foregoing proposal
( "Services "). CLIENT may request, orally or in writing, changes to the Services. In the event
PATRICK agrees, in writing, to such changes in the Services, the changes are binding upon
CLIENT, and CLIENT agrees to compensate PATRICK for all Services performed at CLIENT's
request. PATRICK shall not, however, be liable for failure to perform or execute any changes in
Services unless such changes are agreed to in writing by PATRICK. Any services performed by
PATRICK at the request of CLIENT shall be governed by the terms of this Agreement.
ARTICLE II: STANDARD OF CARE
PATRICK shall perform the Services with the care and skill ordinarily exercised by members of
PATRICK's profession practicing in the same locality under similar conditions or circumstances.
PATRICK makes no other warranty, guarantee, or representation, express or implied, in
connection with this Agreement, the performance of the Services or in any report, opinion or other
document developed as part of the Services.
ARTICLE III: CONFIDENTIALITY
PATRICK shall maintain as confidential such information obtained from CLIENT or developed as
part of the Services as CLIENT expressly designates in writing as confidential. This obligation
shall not apply to information which is or comes into the public domain or which PATRICK is
required to disclose by any of PATRICK's insurers as it relates to a claim or incident that may
generate a possible claim, law or order of a court, administrative agency or other legal authority.
Unless otherwise agreed, PATRICK may use and publish CLIENT's name and a general
description of the Services in describing PATRICK's experience to other clients or potential
clients.
ARTICLE IV: SITE ACCESS, SUBSURFACE HAZARDS AND SITE DATA
CLIENT shall provide PATRICK with lawful access to the site(s) where the Services are to be
performed. CLIENT shall defend PATRICK from any challenge to such right -of -entry and shall
indemnify and hold harmless PATRICK from any claims of trespass which may occur. PATRICK
will take reasonable measures to minimize damage to the site and disruption of operations
thereon, however, CLIENT acknowledges that certain procedures may cause some damage to
land or disruption (e.g., without limitation, soil borings), and that PATRICK shall not be liable for
such damage or disruption, and the correction of which shall not be PATRICK's responsibility
unless otherwise agreed to in writing by the parties. CLIENT shall supply PATRICK with
information on the existence and location of underground utilities, structures and other hazards,
including hazardous wastes or hazardous substances, at any site where the Services are to be
performed. PATRICK shall be entitled to rely on the accuracy and completeness of information
furnished by others (including the location of underground utilities and data on subsurface
conditions) and will not conduct independent evaluation thereof unless specified in the scope of
Services. PATRICK shall not be liable for damage to underground utilities or structures not
disclosed in writing or incorrectly disclosed to PATRICK, and CLIENT agrees to defend and
indemnify PATRICK at its sole expense for any claims against PATRICK arising from CLIENT's
failure in this regard.
Patrick Engineering Inc. Partnering to Build Better Infrastructure 022806r5 Page 1 of 6
PATRICK
ENGINEERING INC.
CLIENT PROJECT AGREEMENT
FOR PROFESSIONAL SERVICES
INCLUDING THE STANDARD ADDENDUM FOR
ENVIRONMENTAL AND /OR GEOTECHNICAL SERVICES
ARTICLE V: BILLING, PAYMENTS AND COLLECTION
Unless otherwise agreed, CLIENT shall pay for the Services in accordance with PATRICK's
schedule of Standard Charges in effect at the time the Services are performed. Invoices will be
submitted monthly and are due upon receipt. If CLIENT objects to an invoice, CLIENT shall notify
PATRICK in writing within fifteen days of receipt of the invoice, give the reasons for the objection,
and pay that portion of the invoice not in dispute within thirty days of receipt of the invoice. Any
unpaid, undisputed invoice which is thirty days past due shall be assessed a late payment charge
of 1.5 percent per month. PATRICK shall have the right to terminate this Agreement upon ten
days notice if payment as to any undisputed invoice is sixty days past due. CLIENT agrees to
reimburse PATRICK its full costs of collection of any amounts due and unpaid after sixty days,
including reasonable attorney's fees, court costs and the reasonable value of PATRICK's time
spent on collection of such amounts.
ARTICLE VI: INSURANCE AND LIMITATION OF LIABILITY
PATRICK carries substantial insurance coverage including Workers Compensation, Employer's
Liability, Commercial General Liability (including contractual liability), Commercial Automobile
Liability and Professional Liability. A copy of PATRICK'S current insurance coverages and limits
is available upon CLIENT's request.. The parties have assessed the relative risks and benefits
which will accrue to each in the performance of the Services and have agreed that PATRICK'S
total aggregate liability to CLIENT (or anyone claiming by or through CLIENT) for any injury to
person or property, claims, damages, expenses, costs or losses of any kind, from any cause
whatsoever, shall not exceed the total insurance proceeds paid on behalf of or to PATRICK by its
insurers in settlement or satisfaction of such claims. If insurance coverage is not provided, then
the total liability of PATRICK for such uninsured claims shall not exceed the total fees paid to
PATRICK under this Agreement or $25,000, whichever is less. In no event shall either party be
liable to the other in contract or tort for consequential or incidental damages including, but not
limited to, lost profits or losses from interruption of business.
ARTICLE VII: INDEMNIFICATION
(A) To the fullest extent permitted by law, PATRICK shall indemnify, defend and hold CLIENT, its
employees and agents, harmless from and against all demands, claims, suits, liabilities and costs
including reasonable attorneys fees and litigation costs ( "Claims ") caused by or arising out of the
negligent acts, errors or omissions, or willful misconduct of PATRICK, its employees, agents or
subcontractors except to the extent, if any, that any such Claims results from the negligent acts,
errors or omissions, or willful misconduct of CLIENT, its employees or agents.
(B) To the fullest extent permitted by law, CLIENT shall indemnify, defend and hold PATRICK, its
employees, agents and subcontractors harmless from and against all demands, claims, suits,
liabilities, fines, penalties, and costs including reasonable attorneys fees and costs of litigation
( "Claim ") caused by or arising out of (i) any conditions existing on or beneath CLIENT's property
at the time of performance of the Services, including, but not limited to, pollution or contamination
of property or (ii) the negligent acts, errors or omissions, or willful misconduct of CLIENT, its
employees, agents or contractors, except to the extent, if any, that any such Claim results from
the negligent acts, errors or omissions, or willful misconduct of PATRICK, its employees, agents
or subcontractors. The indemnity obligations stated herein shall survive the termination of this
Agreement.
ARTICLE VIII: NOTICE OF CLAIMS; COOPERATION
If CLIENT discovers any facts that might give rise to a claim arising out of the negligent acts,
errors or omissions or willful misconduct of PATRICK, its employees, agents or subcontractors,
CLIENT shall immediately notify PATRICK of same in writing. PATRICK shall be entitled to
contest any such claim with counsel selected by PATRICK or its insurer and shall be entitled to
control any litigation relating to such claim. CLIENT shall not settle or compromise any such
Patrick Engineering Inc. Partnering to Build Better Infrastructure 022806r5 Page 2 of 6
PATRICK
ENGINEERING INC.
CLIENT PROJECT AGREEMENT
FOR PROFESSIONAL SERVICES
INCLUDING THE STANDARD ADDENDUM FOR
ENVIRONMENTAL AND /OR GEOTECHNICAL SERVICES
claim without PATRICK's prior written consent and CLIENT shall cooperate with PATRICK and its
insurer in connection with the defense of any such claim.
ARTICLE IX: WORKSITE SAFETY /PATRICK SITE VISITS
PATRICK will comply with CLIENT's rules and regulations governing PATRICK's activities on
CLIENT's premises to the extent that the same are provided to PATRICK prior to the start of the
Services. PATRICK will be responsible only for the on -site activities of its employees and
subcontractors. If the Services include site visits, for example, to monitor construction activities
for compliance with plans and specifications, the parties agree that PATRICK shall assume no
responsibility or authority for supervision or control over any contractor's work or worksite safety,
shall have no right to stop the work and shall have no responsibility or authority for the means,
methods, techniques, sequencing or procedures of construction.
ARTICLE X: REUSE OR ALTERATION OF DOCUMENTS
Documents prepared by PATRICK are instruments of its services and PATRICK retains all
common law, statutory and other reserved rights, including copyright. The documents are for the
exclusive use of CLIENT on the project identified in the Scope of Services. PATRICK assumes
no responsibility if the documents are reused by CLIENT or others on any other project. In the
event that others alter the documents without PATRICK's authorization, any and all liability arising
out of such alteration is waived as against PATRICK, and CLIENT assumes full responsibility for
such changes. Where PATRICK has used due care in the electronic or disk transmission of data,
information or documents to CLIENT and its agents, CLIENT shall be responsible for and bear
the risk of loss or damages resulting from (i) errors or defects introduced by such transmission,
(ii) CLIENT's or its agent's automated conversion or reformatting of the data, information or
documents and (iii) deficiencies, defects or errors in CLIENT's or its agent's software or hardware
utilized to receive, transmit, utilize, format or reproduce the data, information or documents.
ARTICLE XI: DELAYS
Except for the obligation to pay monies owed, neither CLIENT nor PATRICK shall be liable for
any fault or delay caused by any contingency beyond its control including, but not limited to, delay
caused by any third party, any additions or modifications to the Services to be performed by
PATRICK under the Agreement, weather, acts of God, wars, terrorism, labor disputes, material
shortage, delay in obtaining any permits, fires, or demands or requirements of governmental
agencies.
ARTICLE XII: SUCCESSOR, ASSIGNS
This Agreement shall be binding upon the parties and their respective successors and assigns.
Neither party shall assign its interest in this Agreement without the prior written consent of the
other.
ARTICLE XIII: TERMINATION
This Agreement may be terminated by either party upon written notice to the other. Upon receipt
of notice of termination from CLIENT, PATRICK shall immediately cease work and take all
reasonable steps to minimize costs relating to termination. CLIENT shall pay for services
rendered through the date of receipt of notice of termination, plus any unpaid reimbursable
expenses and reasonable costs relating to the termination, including reassignment of staff.
ARTICLE XIV: SEVERABILITY
If any term of this Agreement is held to be invalid or unenforceable as a matter of law, such term
shall be deemed reformed or deleted, but only to the extent necessary to comply with legal
requirements. The remaining provisions of this Agreement shall remain in full force and effect.
Patrick Engineering Inc. Partnering to Build Better Infrastructure 022806r5 Page 3 of 6
PATRICK
ENGINEERING INC.
CLIENT PROJECT AGREEMENT
FOR PROFESSIONAL SERVICES
INCLUDING THE STANDARD ADDENDUM FOR
ENVIRONMENTAL AND /OR GEOTECHNICAL SERVICES
ARTICLE XV: APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
Illinois. The parties to this Agreement agree that any litigation under or regarding this Agreement
will be brought only in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois.
ARTICLE XVI: ATTORNEY'S FEES
In the event PATRICK prevails in any litigation to enforce any term or provision of this Agreement,
it shall be entitled to its reasonable attorney's fees and costs from CLIENT.
ARTICLE XVII: ENTIRE AGREEMENT
CLIENT, by the undersigned, acknowledges that it has read this Agreement, understands it and
agrees to be bound by its terms. The terms and conditions of this Agreement, together with the
PATRICK proposal (including attachments thereto) and any applicable Addendum, constitute the
entire Agreement between the parties and supersede all prior oral or written representations,
understandings and agreements. The parties agree that any purchase orders, work orders,
acknowledgments, form agreements or other similar documents delivered to PATRICK shall be
null, void and without legal effect to the extent that they conflict with the terms of this Agreement
or any Addendum attached hereto. This Agreement may be amended or modified as set forth in
Article I or by a written instrument signed by both parties. Each person signing below represents
that he or she has full legal authority to bind the parties to the terms and conditions contained in
this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representatives, as follows:
THE AGE PATRICK ENGINEERING INC.
fie_ 74/k
Signature 1 1 _ _ ;� Signature
Printe• ame
Title
Date
Paul M. Lopez
Printed Name
0
Vice- President, Transportation
Title
March 28, 2008
Date
Ref: PEI Client Project Agreement with Standard Addendum for Enivro and Geotech 2A808516
Patrick Engineering Inc. Partnering to Build Better Infrastructure 022806r5 Page 4 of 6
PATRICK
ENGINEERING INC.
CLIENT PROJECT AGREEMENT
FOR PROFESSIONAL SERVICES
INCLUDING THE STANDARD ADDENDUM FOR
ENVIRONMENTAL AND /OR GEOTECHNICAL SERVICES
Standard Addendum for
Environmental and/or Geotechnical Services
SECTION 1- AGREEMENT.
This Addendum is made a part of the attached Client Project Agreement and is incorporated as
though fully set forth therein.
SECTION 2- POTENTIAL FOR DAMAGE TO PROPERTY.
PATRICK shall backfill borings or excavations upon completion of its work in accordance with
the scope of services. CLIENT acknowledges that backfill may settle over time, requiring
additional filling to avoid hazardous or unsafe conditions. CLIENT agrees that PATRICK shall
not be responsible for additional backfilling, or liable for injuries or damage caused by settled
backfill.
SECTION 3- POTENTIAL FOR CROSS - CONTAMINATION.
CLIENT acknowledges that commonly used methods of subsurface investigation, such as soil
borings, trenching and sampling, may penetrate through a contaminated area and create a
subsurface pathway for environmental contamination to reach uncontaminated soil or
groundwater ( "cross- contamination "). While backfilling with grout (or using other generally
accepted means) is intended to seal such pathways, CLIENT acknowledges that such a seal
may be imperfect and agrees not to hold PATRICK or its subcontractor liable or responsible for
such cross - contamination unless caused directly by a grossly negligent act, error or omission of
PATRICK or its subcontractor.
SECTION 4- DISPOSITION OF SAMPLES, CUTTINGS AND EQUIPMENT.
No samples of soil or rock will be kept by PATRICK longer than sixty days after submission of
PATRICK'S report, unless otherwise agreed. If samples collected by or received by PATRICK
as part of the Services contain or are suspected to contain petroleum hydrocarbons, Hazardous
Substances, Hazardous Constituents or other pollutants as defined by federal, state or local
laws (collectively referred to herein as "Hazardous Substances "), PATRICK will, after
completion of testing, (1) return such samples to CLIENT, or (2) using a manifest signed by
CLIENT as generator, have such samples transported to a location selected by CLIENT for final
disposal. CLIENT agrees to pay all costs associated with the storage, transport and disposal of
samples. CLIENT acknowledges and agrees that PATRICK is acting as a bailee and at no time
assumes title to such contaminated samples or materials. Unless otherwise agreed, drill
cuttings and fluids generated during drilling and sampling operations which are suspected of
containing Hazardous Substances will be placed by PATRICK in properly labeled drums and
CLIENT shall take responsibility for lawful removal, transport and disposal of these materials.
All laboratory and field equipment contaminated with Hazardous Substances during
performance of the Services which cannot be reasonably decontaminated shall become the
property and responsibility of the CLIENT, for which CLIENT shall pay PATRICK fair market
value.
SECTION 5- DISCOVERY OF UNANTICIPATED CONDITIONS.
Discovery of unanticipated Hazardous Substances, underground obstructions, underground
utilities or other latent obstructions to the performance of the Services shall constitute a
changed condition mandating termination of the Services unless PATRICK and CLIENT are
able to negotiate equitable adjustments to the scope of services, PATRICK's compensation
Patrick Engineering Inc. Partnering to Build Better Infrastructure 022806r5 Page 5 of 6
PATRICK
ENGINEERING INC.
CLIENT PROJECT AGREEMENT
FOR PROFESSIONAL SERVICES
INCLUDING THE STANDARD ADDENDUM FOR
ENVIRONMENTAL AND /OR GEOTECHNICAL SERVICES
and /or the time for performance. PATRICK will promptly notify CLIENT if such conditions are
encountered.
SECTION 6 -NO GUARANTEE.
Because geologic and soil formations are inherently random, variable, and indeterminate in
nature, PATRICK's opinions (including opinions regarding potential clean -up costs or quantity
estimates) are not guaranteed to be a representation of actual site conditions, the extent or
quantity of contamination, or costs, which are also subject to change with time as a result of
natural or man -made processes.
SECTION 7- ENVIRONMENTAL INDEMNIFICATION.
Without limiting in any way CLIENT's indemnity obligation set forth in the Agreement, CLIENT
further agrees that, to the fullest extent permitted by law, CLIENT shall indemnify, defend and
hold PATRICK, its employees, agents and subcontractors harmless from and against all
demands, claims, suits, liabilities and costs including reasonable attorneys fees and costs of
litigation ( "Claims ") caused by or resulting from (a) CLIENT's violation of any federal, state or
local statute, regulation or ordinance relating to the management or disposal of Hazardous
Substances, (b) CLIENT's undertaking of or arrangement for the handling, removal, treatment,
storage, transportation or disposal of Hazardous Substances; or (c) the presence, discharge,
release, or escape of Hazardous Substances at, on, under or from any site at which the
Services are performed, except to the extent that such Claims are shown by final judgment to
have been caused by the negligence or willful misconduct of PATRICK, its employees, agents
or subcontractors.
Patrick Engineering Inc. Partnering to Build Better Infrastructure 022806r5 Page 6 of 6