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DOCUMENT VET SHEET for Karen McConnaugbay Chairman, Kane County Board Name of Document: Phase II EngineeringAgreement with Ciorba Group, Inc. for Randall Road at Bolcum Road, Kane County Sec. #04-00325-00-TL Submitted by: Date Submitted: Examined by: Comments: Chairman signed: Linda Haines November 2009 (Date) {§§J No (Date) Document returned to: c2 0 Rev. 8/05
Transcript
Page 1: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

DOCUMENT VET SHEET for

Karen McConnaugbay Chairman, Kane County Board

Name of Document: Phase II EngineeringAgreement with Ciorba Group, Inc. for

Randall Road at Bolcum Road, Kane County Sec. #04-00325-00-TL

Submitted by:

Date Submitted:

Examined by:

Comments:

Chairman signed:

Linda Haines

November 2009 (Date)

{§§J No (Date)

Document returned to:

c2 ~9-/ 0

Rev. 8/05

Page 2: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

STATE OF ILLINOIS

COUNTY OF KANE

RESOLUTION NO. 1 0 - 22

APPROVING A PHASE II ENGINEERING SERVICES AGREEMENT WITH CIORBA GROUP, INC. FOR

RANDALL ROAD AT BOLCUM ROAD KANE COUNTY SECTION NO. 04-00325-00-TL

WHEREAS, Phase II Engineering services are required for the proposed intersection improvements of Kane County Highway No. 34 (also known as Randall Road) at its intersection with Bolcum Road (hereinafter referred to as the "Project"); and

WHEREAS, in order to accomplish the Project, it is necessary to retain the services of a professional engineering firm to provide Phase II Engineering services; and

WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise in Phase II Engineering and is willing to perform the required services for an amount not to exceed Forty One Thousand Eight Hundred Eighteen and 96/100 Dollars ($41 ,818.96).

NOW, THEREFORE, BE IT RESOLVED by the Kane County Board that the Chairman thereof is hereby authorized to execute a Phase II Engineering services agreement with Ciorba Group, Inc. for the Project (a copy of which is on file with the County Clerk's Office).

BE IT FURTHER RESOLVED that the Kane County Board appropriate the not to exceed sum of Forty One Thousand Eight Hundred Eighteen and 96/100 Dollars ($41 ,818.96) from Motor Fuel Local Option Fund #304, Line Item #50140 (Engineering) to pay for said Phase II Engineering services for the Project with approximately eighty percent ( 80%) reimbursement thereof from federal funds. ·

Line item Line Item Was Are funds currently If funds are not Description personnel/item/seiVice available for this currently available in

approved in original personnel/item/seJVice in the specified line item, budyet or a subsequeiit the specified Hne !tem? where are the funds

budget revision?. available? 304.520.524.50140 Engineering Yes Yes

e Kane County Board on January 12, 2010.

J hn A. Cunningham lerk, County Board

Kane County, Illinois

Vote: Yes No Voice Abstentions

1 RNDBLCUMPHII-CIORBA.4L

STATE OF ILLINOIS COUNTY OF KANE

~ ren McConnaughey Chairman, County Board Kane County, Illinois

DATE JAN 1 g ?010

I, John A. Cunningham, Kane County Clerk and Keeper of the Records in Kane County, .. illinois do hereby certify that the attached is a true and correct copy of the original record on file.

In witness whereof, I have hereunto set my hand and affixed the Seal o f e at my office in Geneva, lllinois.

Page 3: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

Local Agency Consultant County of Kane L @mmo1s Department

0 of Transportation c Ciorba Grouo. Inc. County c 0 Address Kane County A N 5507 N. Cumberland Ave Suite 402 Section L s City 04-00325-00-TL u Chicaqo Project No. Preliminary Engineering State CMf-0336(043) A

Services Agreement L IL

Job No. G For

T Zip Code E

Federal Participation A 60656

Contact Name/Phone/E-mail Address N N Contact Name/Phone/E-mail Address Paul LaFleur (630) 406-7355 c T Steve Sugg (773) 775-4009 lafleurpaul@co. kane. il. us y PURCHASE ORDER #2010-346 [email protected]

THIS AGREEMENT is made and entered into this day of February 2010 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS.

Project Description

Name Randall Road Route CH 34 . Length 2,175' Structure No . N/A ---------------------------------Termini @ Bolcum Road/Ridgewood Drive

Description The purpose of the Randall Road and Bolcum Road lnte~se~tion improvement project is to provide permanent traffic signals at the intersection and improve the intersection geometries.

Agreement Provisions

I. THE ENGINEER AGREES,

1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LA for the proposed improvement herein described.

2. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE.

3. To complete the services herein described within 240 . .:'calendar days from the date of the Notice to Proceed from the U\, excluding from consideration periods of delay ca.used by circumstances beyond the control of the ENGINEER.

''•, !,

4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man­hours shown in EXHIBIT A. If higher-salaried pers'onnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. ·

' 5. That the ENGINEER is qualified technically and is entirely conversant with the· design standards and policies applicable for the

PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein.

6. That the ENGINEER shall be responsible for the ElC~uracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER's errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. ·

7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER's professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE.

8. That the ENGINEER will comply with applicaple federal statutes, state of Illinois statutes, and local laws or ordinances of the LA.

Page 1 of 7 BLR 05610 (Rev. 9/06) Printed on 2/8/2010 12:02:43 PM

Page 4: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

9. The undersigned certifies neither the ENGINEER nor I have:

a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT,

b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or

c. paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT.

d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency,

e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property,

f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) and

g. have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local) terminated for cause or default.

10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA.

11. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement.

12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B).

13. Scope of Services to be provided by the ENGINEER:

[8] Make such detailed surveys as are necessary for the planning and design of the PROJECT.

D Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories.

D Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification.

D Design and/or approve cofferdams and superstructure shop drawings.

D Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches).

D Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmentai ciearances.

[8] Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE.

[8] Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation.

D Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies.

D Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement.

[8] Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate.

D Furnish the LA with survey and drafts in quadruplicate all necessary right-of-way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required.

Page 2 of7 BLR 05610 (Rev. 9/06) Printed on 2/4/2010 11 :42:21 AM

Page 5: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

II. THE LA AGREES,

1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the

following compensation formulas:

Cost Plus Fixed Fee

Specific Rate

Lump Sum

0 CPFF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or [gj CPFF = 14.5%[DL + R(DL) + 1.4(DL) + IHDC], or 0 CPFF = 14.5%[(2.3 + R)DL + IHDC]

Where: DL = Direct Labor IHDC =In House Direct Costs OH =Consultant Firm's Actual Overhead Factor R = Complexity Factor

D (Pay per element)

D 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409:

D With Retainage

a) For the first 50% of completed work, and upon receipt of monthly invoict?s from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.

b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.

c) Final Payment- Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.

[gJ Without Retainage

a) For progressive payments- Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER.

b) Final Payment- Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sumo money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.

4. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT­assisted contract or in the administration of its OBE program or the requirements of 49 CFR part 26. The recipient shaii take aii necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.).

Ill. IT IS MUT ALLY AGREED,

1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed.

2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this · AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LA or to the STATE, without restriction or limitation as to their use.

Page 3 of7 BLR 05610 (Rev. 9/06) Printed on 2/4/2010 11:42:21 AM

Page 6: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense.

4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement.

5. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement.

6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT.

7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LA, the STATE, and their officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy.

8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface inve·stigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination.

9. This certification is required by the Drug Free Workplace Act (301LCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years.

For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State, as defined in the Act.

The coniracior/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement:

(1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace.

(2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will:

(a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5)

days after such conviction. b. Establishing a drug free awareness program to inform employees about:

(1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations.

c. Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace.

d. Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction.

e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and

indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act.

Page 4 of7 BLR 05610 (Rev. 9/06) Printed on 2/4/2010 11:42:21 AM

Page 7: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LA deems appropriate.

Agreement Summary

Prime Consultant: TIN Number Ciorba Grou , Inc. 36-2525351

Sub-Consultants: TIN Number Agreement Amount Soil & Material Consultants, Inc. 36-3094075 $2,305.00

Sub-Consultant Total: $2,305.00 Prime Consultant Total: $38,752.77

Total for all Work: $41,057.77 .. . .

Executed by the LA: County of Kane (Munlclpalityrrownshlp/County)

ATTEST:

By: By:

John A. Cunningham. County Clerk Title: County Board

(SEAL)

Executed by the ENGINEER:

By:

ATTEST: / L r /1 (} By M/JLb,JI Title: Stephen N. Sugg, vfclPresident Title:

Page 5 of? BLR 05610 (Rev. 9/06) Printed on 2/4/2010 11 :42:21 AM

Page 8: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

Route: ___:_:FA:....::P:..__::3..::.36=--------------Local Agency: _K:....:a::.:.:n..:..:e:...C.::...o.::...u=n.:..:.tY,__ _______ _

Section: Project: Job No.:

(Municipality/Township/County)

04-00325-00-TL CMF-0336(044) D-91-376-06

Method of Compensation:

Exhibit A - Preliminary Engineering

Cost Plus Fixed Fee 1 Cost Plus Fixed Fee 2 Cost Plus Fixed Fee 3 Specific Rate

0 14.5%[DL + R(DL) + OH(DL) + IHDC] !Z] 14.5%[DL + R(DL) + 1.4(DL) + IHDC] 0 14.5%[(2.3 + R)DL + IHDC]

D Lump Sum D

*Firm's approved rates on file with I DOT'S Bureau of Accounting and Auditing:

Overhead Rate (OH) 138.71 % Complexity Factor (R) _0.:..:..0-=-0=----­Calendar Days

Cost Estimate of Consultant's Services in Dollars

Employee Man- Payroll Payroll Services by In-House

Element of Work Overhead* Direct Costs Profit Total Classification Hours Rate Costs (DL) Others (IHDC)

Meetings 25.00 $49.40 $1,235.00 $1,713.06 $60.00 $438.48 $3,446.54 Data Collection 5.00 $26.93 $134.65 $186.77 $0.00 $46.85 $368.27 Pavement Analysis 3.00 $33.37 $100.11 $138.86 $0.00 $34.83 $273.80 Supplemental Survey 18.00 $28.94 $520.92 $722.56 $45.00 $187.80 $1,476.28 Contract Plans 188.00 $31.22 $5,869.36 $8,141.38 $2,587.20 $2,417.68 $19,015.62 Specs & Bid Docs 34.00 $42.47 $1,443.98 $2,002.94 $180.00 $528.60 $4,155.52 Quantity Take-Off 66.00 $31.8.0 $2,098.80 $2,911.24 $510.00 $804.33 $6,324.37' QC/QA 8.00 $46.2.5 $370.00 $513.22 $0.00 $128.76 $1,011.98 Supervision & Admin 14.00 $70.00 $980.00 $1,359.35 $0.00 $341.04 $2,680.39 Soil & Material Consult $2,305.00 $2,305.00

Totals 361.QO $12 752.82 $17 689.38 $2 305.00 $3 382.20 $4 928.37 $41 057.77

Page 6 of? BLR 05610 (Rev. 9/06) Printed on 2/4/2010 11:42:21 AM

Page 9: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

~Illinois Department ~of ltansportation

Prime Consultant

Name Address Telephone TIN Number

Project Information

Local Agency Section Number Project Number Job Number

Ciorba Group, Inc. 5507 N. Cumberland, Chicago 773-775-4009 3l, - z. 52..5 ~ 5 I

Kane County 04-00325-00-TL CMF-0336(044) D-91-376-06

Exhibit B

Engineering Payment Report

This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below.

Sub-Consultant Name TIN Number Actual Payment from Prime

Soil & Material Consultants, Inc. 36-3094075

Sub-Consultant Total:

Prime Consultant Total: Total for all Work

Com_Qieted:

Signature and title of Prime Consultant Date

Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above.

Page 7 of? BLR 05610 (Rev. 9/06) Printed on 2/4/2010 11 :42:21 AM

Page 10: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

IN-HOUSE DIRECT COSTS Kane County Division of Transportation

Randall - Bolum Intersection Improvement Phase II

1. Meetings, Data Collection & Coordination

Description

Vehicle (mileage)

4. Supplemental Survey

Description

Vehicle (day)

5. Contract Plans

42 Sheets

Description

CADD Charges

Full Size Prints

Copies

Mylars

3383 CECS.xls: lnHouseDC

Unit

mile

Unit

day

Unit

hour

sheet

sheet

sheet

Unit Cost

$ 0.500

Unit Cost

$ 45.00

Unit Cost

$ 15.00

$ 1.25

$ 0.10

$ 4.10

Quantity

120

Extended Cost

$ 60.00

Total: $ 60.00

Quantity

1

Extended Cost

$ 45.00

Total: $ 45.00

Quantity Extended Cost

135 $ 2,025.00

168 $ 210.00

1800 $ 180.00

42 $ 172.20

Total: ~ 21587.20

~ CIORBA GROUP I Consulting Engineers

Page 11: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

1.

2.

3.

4.

5.

ESTIMATED STAFF HOURS Kane County DOT

Randall Road and Bolcum Road Phase II

.l!l .. ..

.c rn '0

1 ...

Meetings, Data Collection & Coordination

Meetings with Client (2 mtg x 3 hrs/mtg) Coordination with Client Meeting Minutes (2 mtg x 1 hr/mtg)

Sub-Total

Data Collection

Obtain Utility Atlases Submit Plans to Utilities (1 submittal)

Sub-Total

Pavement Analysis

Pavement Design Review Pavement Design Criteria Complete Pavement Design

Sub-Total

Supplemental Survey

Supplemental Survey

Sub-Total

Contract Plans

Title Sheet (ea.) Index/Highway Standards (1 ea.) General Notes (1 ea.) Summary of Quantities (1 ea.) Typical Sections (2 ea.) Alignment, Ties and Benchmarks (1 ea.) Details (ea.) Removal Sheet (3 ea.) Proposed Plan and Profile Sheets (5 ea.) (1"=20') Maintenance of Traffic (9 ea.) Erosion and Sediment Control (1 ea.) Drainage and Utility Sheets (3 ea.) Intersection Details (ea.) Pavement Marking and Landscaping Plans (1 ea.)(1"-50') Landscaping Plans (ea.) Traffic Signals Plan (1 ea.) Traffic Signals Cable Plan (ea.) Traffic Signal Interconnect Plan - Use Existing Interconnect to Red Gate Traffic Signal Interconnect Schematic (ea.) (1"=50') Mast Arm Mounted Street Name Signs ( Ea) I DOT CADD Details (ea.) IDOT Standard Sheets ( ea.) Cross Sections (8 ea.)

Sub-Total

.. , 0 u ... 0

~ .Q

"' ..J

12 11 2

25

3 2

5

0 0

3

3

18

18

1 4 1 8 1 8

1 4 2 17 1 5

0

3 12 5 33 9 31 1 8

3 13 1 0

3 0

1 13 1 5

0

0

0 0

3 1 8 23

188

Page 12: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

6.

7.

8.

9.

10.

11.

12.

ESTIMATED STAFF HOURS Kane County DOT

Randall Road and Bolcum Road Phase II

Lighting - N/A

Sub-Total

Permits - N/A

Sub-Total

Specifications & Bid Documents

Specifications Cost Estimate Estimate of Time

Sub-Total

Quantity Takeoff

X-Sections (8 Sheets) Plan & Profile (5 Sheets) Drainage (3 Sheets) Traffic Signals (1 Signal) Striping & Landscaping ( 1 Sheet) Erosion Control (1 Sheet) Removal (3 Sheets)

S!.!b-To+~!

Bidding Assistance - N/A

Sub-Total

QC/QA

QC/QA Review

Sub-Total

Supervision and Administration

Project Supervision and Administration

Sub-Total

J!l Q) 'tl Q) 0 Q)

" .c VI ...

0 :rg ~

.Q

"' 0 -I

0

0

20 10 4

34

8 15 9 16 6 3

9

0

!.ill

0

8

8

14 0

14

Page 13: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

PAYROLL AVERAGE

CLASSIFICATION HOURLY

RATES

Principal $ 70.00 Project Manager $ 70.00 Transportation Manager $ 55.00 Project Engineer $ 46.25 Senior Engineer $ 37.21 Engineer $ 26.93 Chief Structural Engineer $ -Project Engineer - (Structural) $ -Structures Engineer $ -Senior CADD Technician $ -Senior Technician $ -Junior Technician $ -Party Chief $ 30.50 Instrument Person $ 27.00 Survey Crew Member $ -Project Engineer- (Water Resources) $ -Senior Engineer (Water Resources) $ 34.50 Water Resources Engineer $ 28.00 Project Engineer (Lighting) $ 46.00 Senior Lighting Engineer $ -

TOTAL ..... -

3383 CECS.xls

AVERAGE HOURLY PROJECT RATES Kane County DOT

Randall Road and Bolcum Road Phase II

TASK1 TASK2 TASK3

Meetings, Data Collection & Data Collection Pavement Analysis

Coordination

% WGTD. % WGTD. % WGTD.

HOURS PART. RATE HOURS PART. RATE HOURS PART. RATE

0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -9 36.00% $ 19.80 0 0.00% $ - 0 0.00% $ -16 64.00% $ 29.60 0 0.00% $ - 1 33.33% $ 15.42

0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 5 100.00% $ 26.93 2 66.67% $ 17.95

0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -25 '100.00% $ 49.40 5 100.00% $ 26.93 3 100.00% $ 33.37

DATE: 2/4/2010 PAGE: 1 of 3**

TASK4

Supplemental Survey

% WGTD. HOURS PART. RATE

0 0.00% $ -0 0.00% $ -0 0.00% $ -0 0.00% $ -0 0.00% $ -0 0.00% $ -0 0.00% $ -0 0.00% $ -0 0.00% $ -

0 0.00% $ -0 0.00% $ -0 0.00% $ -

10 55.56% $ 16.94

8 44.44% $ 12.00

0.00% $ -0 0.00% $ -0 0.00% $ -0 0.00% $ -0 0.00% $ -0 0.00% $ -

18 100.00% $ 28.94

Page 14: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

PAYROLL AVERAGE

CLASSIFICATION HOURLY

RATES

Principal $ 70.00 Project Manager $ 70.00 Transportation Manager $ 55.00 Project Engineer $ 46.25 Senior Engineer $ 37.21 Engineer $ 26.93 Chief Structural Engineer $ -Project Engineer - (Structural) $ -Structures Engineer $ -Senior CADD Technician $ -Senior Technician $ -Junior Technician $ -Party Chief $ 30.50 Instrument Person $ 27.00 Survey Crew Member $ -Project Engineer- (Water Resources) $ -Senior Engineer (Water Resources) $ 34.50 Water Resources Engineer $ 28.00 Project Engineer (Lighting) $ 46.00 Senior Lighting Engineer $ -

TOTAL

3383 CECS.xls

AVE~~GE HOURLY PROJECT RATES Kane County DOT

Ra1ndall Road and Bolcum Road Phase II

TASKS TASKS

Contract Plans Specifications & Bid

Documents

% WGTD. % WGTD.

TASK9

Quantity Takeoff

% WGTD.

HOURS PART. RATE HOURS PART. RATE HOURS PART. RATE

0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -6 3.19% $ 1.76 4 11.76% $ 6.47 0 0.00% $ -

24 12.77% $ 5.90 18 52.94% $ 24.49 6 9.09% $ 4.20

17 9.04% $ 3.36 6 17.65% $ 6.57 20 30.30% $ 11.28

141 75.00% $ 20.20 6 17.65% $ 4.75 40 60.61% $ 16.32

0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -0 0.00% $ - 0 0.00% $ - 0 0.00% $ -

188 100.00% $ 31.22 34 100.00% $ 42.27 66 100.00% $ 31.80

HOURS

0

0

0

8

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

8

DATE: 2/4/2010 PAGE: 2 of 3**

TASK 11

QC/QA

% WGTD.

PART. RATE

0.00% $ -0.00% $ -0.00% $ -

100.00% $ 46.25

0.00% $ -0.00% $ -0.00% $ -0.00% $ -0.00% $ -0.00% $ -0.00% $ -0.00% $ -0.00% $ -0.00% $ -0.00% $ -0.00% $ -0.00% $ -0.00% $ -0.00% $ -0.00% $ -

100.00% $ 46.25

Page 15: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

3383 CECS.xls

AVERAGE HOURLY PROJECT RATES Kane County DOT

Randall Road and Bolcum Road Phase II

TASK 12

Supervision and

PAYROLL AVERAGE Administration

CLASSIFICATION HOURLY % WGTD.

RATES HOURS PART. RATE

Principal $ 70.00 4 28.57% $ 20.00

Project Manager $ 70.00 10 71.43% $ 50.00

Transportation Manager $ 55.00 0 0.00% $ -Project Engineer $ 46.25 0 0.00% $ -Senior Engineer $ 37.21 0 0.00% $ -Engineer $ 26.93 0 0.00% $ -Chief Structural Engineer $ - 0 0.00% $ -Project Engineer - (Structural) $ - 0 0.00% $ -Structures Engineer $ - 0 0.00% $ -Senior CADD Technician $ - 0 0.00% $ -Senior Technician $ - 0 0.00% $ -Junior Technician $ - 0 0.00% $ -Party Chief $ 30.50 0 0.00% $ -Instrument Person $ 27.00 0 0.00% $ -Survey Crew Member $ - 0 0.00% $ -Project Engineer- (Water Resource1s) $ - 0 0.00% $ -Senior Engineer (Water Resources) $ 34.50 0 0.00% $ -Water Resources Engineer $ 28.00 0 0.00% $ -Project Engineer (Lighting) $ 46.00 0 0.00% $ -Senior Lighting Engineer $ - 0 0.00% $ -

TOTAL 14 100.00% $ 70.00

HOURS

4

10

19

73

43

194

0

0 0

0

0

0

10

8

0

0

0

0

0

0 361

Total

Total

% PART.

1.11%

2.77%

5.26%

20.22%

11.91%

53.74%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00%

2.77%

2.22%

0.00%

0.00%

0.00%

0.00%

0.00%

0.00% 100.00%

WGTD.

RATE

$ 0.78

$ 1.94

$ 2.89

$ 9.35

$ 4.43

$ 14.47

$ -$ -$ -$ -$ -$ -$ 0.84

$ 0.60

$ -$ -$ -$ -$ -$ -$ 35.31

I

DATE: 2/4/2010 PAGE: 3 of 3**

Page 16: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

IN-HOUSE DIRECT COSTS Kane County Division of Transportation

Randall- Bolum Intersection Improvement Phase II

8. Specifications & Bid Documents

Description

Copies

9. Quantity Takeoff

Description

CADD Charges

Copies

3383 CECS.xls: lnHouseDC

Unit

sheet

Unit

hour

sheet

$

$

$

Unit Cost

0.10

Unit Cost

15.00

0.10

Quantity

1800

Extended Cost

$ 180.00

Total: """$ __ --:..;18=0=.0=0

Quantity

32

300

Extended Cost

$

$

480.00

30.00

Total: .:s:..$ ___ 5:::...1:...::0~.0=0

~ CIORBA GROUP ! Consulting Engineers

Page 17: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

July

Notice to Proceed • Topographic Survey • Prepare Pre-Final Design Plans

lOOT and Kane County Review

Prepare Final Plans

lOOT and Kane County Final Review

Plans, Specs & Estimate to Region 1

Draft Joint Agreement to BLR

Final Joint Agreement to BLR

Construction Letting

'······. -

3383-Schedule.xlsx

PROJECT SCHEDULE Kane County

Randall Road at Bolcum Road/Ridgewood Drive Section No.: 04-00325-00-TL Project No.: CMF-0336(044)

2010 August Septembe October November December January February

I I

Page 1 of 1

2011 March April May June July

2/4/2010

Page 18: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

Ciorba Group, Inc. Exhibit A

Hourly Rate Range - Engineer's Regular Scale Effective January 1, 201 0

Classification From To

Principal 70.00

Project Manager/Transportation Manager 50.00 70.00

Chief Structural Engineer 50.00 70.00

Construction Services Coordinator/ 45.00 55.00 Senior Project Engineer

Project Engineer/Senior Resident Engineer/Senior Water Resource Engineer/ Senior Lighting Engineer 40.00 55.00

Resident Engineer/Assistant Resident Engineer/

Bridge Inspection Team Leader/ Senior Structural Engineer 30.00 45.00

Senior Engineer/Senior Construction Engineer/Structural Engineer/Water Resources Engineer 25.50 45.00

Senior Technician/Sr. Structural Senior Construction Technician 'lO 1'\1'\ A'l 1'\1'\ .::.o.vv "tL.VV

Engineer/Construction Engineer 20.00 35.00

Overtime Hourly

Rate*

Technician/Construction Technician 18.00 35.00 27.00 to 52.50

Party Chief 30.00 45.00

Survey Crew Member 18.00 35.00

Instrument Person 25.00 35.00

Rod Person 17.00 27.00 25.50 to 40.50

Clerical 15.00 25.00 19.50 to 37.50

Summer Interns 11.00 17.00 16.50 to 25.50

*Overtime hours paid in accordance with U.S. & Illinois Department of Labor requirements.

Ciorba Group, Inc.

N:\Contracts\_Masters\Hourly Rate Range_01-01-1 O.xls

Page 19: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

NO MATERIAL CONSULTANTS, INC. office: 1-847-870-0544

fax: 1-847-870-0661 www.soilandmaterialconsultants .. com us@ soilandmaterialconsultants .. com

Mr. Stephen Sugg, P .E , PTOE Ciorba Group, Inc 5507 N Cumberland Ave., Suite 402 Chicago, IL 60656

Dear Mr. Sugg:

October 29, 2009 Proposal No .. 11,346

Re: Geotechnical Investigation Randall Road/Bolcum Road Intersection St. Charles, Illinois

Submitted for your consideration is our proposal to provide the requested subsurface soil investigation, engineering evaluation and geotechnical report on the above referenced site.. Our services will be provided in accordance with the guidelines stated below ..

Field Investigation

We propose the layout of 5 borings at the requested locations and in areas accessible to our truck mounted drilling equipment. We will contact JULIE for location of public utilities

The borings will be power auger drilled and soils sampled using a split barrel sampler at intervals of 2.0 feet to minimum depths of 6.0 feet. Additional boring depth and sampling may be provided if weak or unsuitable soil conditions are encountered.

Laboratory Testing

Soil samples will be returned to our laboratory for review and tested to determine moisture content. Competent samples of cohesive soils will be tested further to determine dry unit weight and unconfined compressive strength .. Additional testing may be needed based on the results of the field investigation and laboratory testing.

Engineering Evaluation, Report

The field investigation and laboratory testing will be completed under the direction of a Registered Professional Engineer.. Preliminary information will be available upon request. Upon completion of the investigation an engineering evaluation will be completed and a report prepared. The report will present our findings, evaluate the findings and present appropriate recommendations

8 WEST COLLEGE DRIVE 0 ARLINGTON HEIGHTS, IL 60004

SOIL BORINGS lil SITE INVESTIGATIONS e PAVEMENT INVESTIGATIONS a GEOTECHNICAL ENGINEERING TESTING OF g SOIL e ASPHALT 11J CONCRETE e MORTAR 0 STEEL

Page 20: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

Proposal No .. 11 ,346 Re: Randall Road/Bolcum Road Intersection

St. Charles, Illinois

Charges

Page 2

Our unit charges and the estimated total cost for the investigation are indicated on the attached Schedule of Fees.. Final billing will be based on this schedule If additional services are requested that are beyond the scope of the proposed investigation, they will be provided at our established unit prices ..

Your consideration of this proposal is appreciated. The attached General Conditions are understood to be part of this proposal. If acceptable, please execute and return one copy to our office. Should you have any ·questions concerning the scope of the investigation, please let us know

Very truly yours,

SOIL:NDMA~CVLTANTS, INC.

~vanaCE Director of Engineering

GJM:kg

Proposal Accepted By:

Client ______________________________ _

Street-------------------------------Town----------------- State ___ Zip Code------

Phone ( ) ---------Fax ( ) ---------­

Signature-----------------Position--------­

Printed Name Date----------

Page 21: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

Proposal No .. 11 ,346 Re: Randall Road/Bolcum Road Intersection

St. Charles, Illinois

SCHEDULE OF FEES·· SUBSURFACE SOIL INVESTIGATION

Field

Boring Layout 2 hr. $ 80.00 /hr.. $ Utility Location 2 hr. $ 8000 /hr. $ Flagman 4 hr. $ 80 .. 00 /hr. $ Mobilization 1 $ Lump Sum $ Drilling (5 at 6') 30 ft. $ 11 00 /ft. $ Split Barrel Sampling 15 ea. $ 8.00 ea. $

Laboratory

Moisture Content 20 ea $ 3 .. 00 ea. $ Unit Weight 15 ea. $ 3.00 ea .. $ Unconfined 15 ea. $ 600 ea .. $

Compressive Strength Organic Content 1 ea $ 20.00 ea. $ Sieve Analysis-washed 1 ea. $ 50.00 ea. $ Hydrometer Analysis 1 ea. $ 80.00 ea. $

Report

Senior Engineer (P.E.) 4 hr. $ 130.00 /hr. $

~-.s.:--.&.--1 T-.&.-1 "--'· <I' c;;:,UIIIC1lt:::U I UlC11 \JU;:)l, .p

Page 3

160 .. 00 160.00 320.00 350 00 330.00 120.00

60 .. 00 45.00 90.00

20.00 50.00 80.00

520 .. 00

"'1"')1'"\1:' nn. ,,vuv.uu

Page 22: J - Kane County, Illinois · 2010. 2. 9. · WHEREAS, Ciorba Group, Inc., 5507 North Cumberland Avenue, Suite 402, Chicago, IL 60656-1471 has experience and professional expertise

Proposal No 11 ,346 Re: Randall Road/Bolcum Road Intersection

St Charles, Illinois

Page4

TERMS AND CONDITIONS Soil and Material Consultants, Inc (SMC) scope of work defined in the proposal was based on information provided by the client. If incomplete, inaccurate or if

unexpected site conditions are discovered. the scope of work may change

GEOTECHNICAL INVESTIGATIONS

Client will furnish SMC with right-of-access to the site SMC will take reasonable precautions to minimize site damage due to its operations, but has not included in the fee the cost of restoration of any resulting damage SMC shall not be liable for damage or injury due to encountering subsurface structures (pipes, tanks, utilities or others) not called to SMC's attention in writing or are not correctly shown on the drawings furnished by client or client's representative If the client desires, SMC will restore any damage to the site and add the cost of restoration to the fee

Field work, laboratory testing and engineering analysis will be performed in accordance with generally accepted soil and foundation engineering practices. Samples are retained in our laboratory for 30 days from date of report and then destroyed unless other disposition is requested The data reported applies only to the soils sampled and the conditions encountered at each boring location This does not Imply or guarantee that soils between borings will be Identical In character Isolated inclusions of better or poorer soils can be found on any site SMC will not be liable for extra work or other consequences due to changed conditions encountered between borings

Any exploration, testing and analysis associated with the investigation will be performed by SMC for the client's sole use to fulfill the purpose of this Agreement SMC is not responsible for use or mterpretatlon otthe information by others The client recognizes that subsurface conditions may vary from those encountered in borings or explorations Information and recommendations developed by SMC are based solely on available information and for the currently proposed improvement

TESTING SERVICES

Client shall furnish SMC with at least one working day's notice on any part-time {less than 8 hours/day) job when field personnel are requested. SMC shall make reasonable effort to provide field personnel in a timely manner but reserves the right to schedule field personnel as deemed appropriate Minimum charges will be billed when work cancellations are received after field personnel have left for the project site

SMC personnel will provide a professional service based on observations and testing of the work of a contractor, subcontractor, or other service/material provider, as specifically requested. SMC field personnel will look for general conformance with project specifications, plans andfor soil report but does not accept the responsibility to control or direct the work of others Discrepancies noted by SMC office or field personnel will be referred to client or client's representative

Testing Services furnished by SMC are defined as the taking of soil and/or material tests at various locations and the making of visual observations relating to earthwork, foundations, and/or materials as specifically requested by the client and agreed to by SMC, and will be limited to those specifically agreed services Such services will be performed by SMC using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of the profession practicing in this or similar localities

Observations and testing of soils and/or materials by SMC in no way implies a guarantee or warranty of the work of the contractor, subcontractor, or other service/material provider SMC's work or failure to perform same shall in no way excuse such co.ntractor, subcontractor or other service/material provider from liability in the event of subsequently discovered defects, omissions, errors, deficiencies or failure to perform in accordance with the project plans and specifications SMC field personnel shall not be responsible for superintendence of the construction process nor direction of the work of the contractor, subcontractor, or other servicefmaterial provider SMC's work shall not include determining or implementing the means, methods, techniques, sequences or procedures of construction. SMC shall not be responsible for evaluating reporting or affecting job conditions concerning health, safety or welfare

Documents including but not limited to technical reports, original boring logs, field data, field notes, laboratory test data, ·calculations, reports of inspection and testing, geotechnical reports, technical reports, submittals and estimates furnished to the client or its agents pursuant to this agreement are not Intended or represented to be suitable for reuse by the client or others on extensions of this project or on any other project. Any reuse without SMC's written consent will be at user's sole risk and without liability or legal exposure to SMC User shall indemnify and hold harmless SMC from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. To the maximum extent permitted by law the Client agrees to limit SMC liability for clients' damages to $100,000 or the fee, whichever is lesser This limitation shall apply regardless of the cause of action or legal theory pled or asserted

Soil and Material Consultants, Inc is a Professional Engineering Corporation Engineering services are often completed by extension through technical staff. The unit rates presented in this proposal do not reflect charges associated with organized labor Future agreements, if any, with organized labor will invalidate some of the unit rates presented Required rate adjustments will be presented to the client for acceptance prior to providing services at the adjusted rates

Services are invoiced monthly for the preceding period. Client agrees to pay each invoice within thirty (30) days of receipt and further agrees to pay interest on all amounts not paid at the rate of 2.0% per month, an annual rate of 24%, from the due date. Client agrees to pay all reasonable costs of collection including staff time, court costs, Attorneys' fees and related expenses, if this account becomes delinquent Client agrees that reports furnished to the client but not paid for in full remain the sole property of SMC and will not be used for design, construction permits licensing sales or other gain

I r

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