HomeMy WebLinkAbout23-28 State of Illinois )
County of Kane)
City of Elgin )
CERTIFICATE OF CITY CLERK
I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of:
RESOLUTION NO. 23-28
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL PUBLIC AGENCY ENGINEERING
SERVICES AGREEMENT WITH BAXTER& WOODMAN, INC. FOR PROFESSIONAL
ENGINEERING SERVICES IN CONNECTION WITH THE BIKE ROUTE 4 PHASE III
DESIGN SERVICES
adopted by the Elgin City Council at its legally convened meeting held on February 22, 2023.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this February 28, 2023.
Kimb wis, City Clerk
— f
e
Resolution No. 23-28
RESOLUTION
AUTHORIZING EXECUTION OF A LOCAL PUBLIC AGENCY ENGINEERING
SERVICES AGREEMENT WITH BAXTER&WOODMAN, INC. FOR PROFESSIONAL
ENGINEERING SERVICES IN CONNECTION WITH THE BIKE ROUTE 4 PHASE III
DESIGN SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute a Local Public Agency Engineering Services Agreement on behalf of the
City of Elgin with Baxter & Woodman, Inc., for professional engineering services in connection
with the bike route 4 phase III design services with such further revisions as required by the Illinois
Department of Transportation and approved by corporation counsel, a copy of which is attached
hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: February 22, 2023
Adopted: February 22, 2023
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis _
Kimberly Dewis, City Clerk
Illinois Department Local Public Agency
of Transportafion Engineering Services Agreement
Agreement For A reement Type
Using Federal Funds?® Yes ❑ No Federal CE I Ori ginal
LOCAL PUBLIC AGENCY
Local Public Agency County Section Number Job Number
City of Elgin I Kane 09-00176-00-BT C-91-305-09
Project Number Contact Name Phone Number Email
7FF8(480) Ron Rudd (847) 931-6081 1 rudd_r@cityofelgin.org
SECTION PROVISIONS
Local Street/Road Name Key Route Len at Structure Number
Bowes Road/Randall Road Fau0528/FAP0336 6.11 mi n/a
Location Termini Add Location
Bowes Creek Blvd to Randall Road, Bowes Road to College Green Dr Remove Location
Project Description
The work consists of curb & gutter and sidewalk repair; ADA ramps, HMA resurfacing; HMA pavement widening;
shared use path construction, storm sewers, HMA pavement patches, shared use path patches, adjust drainage
structures; parkway restoration; & other incidental and miscellaneous items of work in accordance with the
Plans, Standard Specifications, and these Special Provisions. Engineer's Project#201808.60
Engineering Funding ® Federal ❑ MFT/TBP ❑ State ® Other Corporate
Anticipated Construction Funding ® Federal ❑ MFT/TBP ❑ State ® Other Corporate
AGREEMENT FOR
® Phase III-Construction Engineering
CONSULTANT
Prime Consultant Firm Name Contact Name Phone Number Email
Baxter&Woodman, Inc Craig Mitchell (815)444-3278 cmitchell@baxterwoodman.com
Address City State Zi Code
8678 Ridgefield Rd lrystal Lake IL 60012
THIS AGREEMENT IS MADE between the above Local Public Agency(LPA)and Consultant(ENGINEER)and covers certain
professional engineering services in connection with the improvement of the above SECTION. Project funding allotted to the LPA by the
State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the"DEPARTMENT,"will be
used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS.
Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER,acting as an
individual, partnership,firm or legal entity,qualifies for professional status and will be governed by professional ethics in its relationship to
the LPA and the DEPARTMENT.The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an
AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations.
WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used,they shall be interpreted to mean:
Regional Engineer Deputy Director,Office of Highways Project Implementation, Regional Engineer, Department of
Transportation
Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the
construction PROJECT
In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities
Contractor Company or Companies to which the construction contract was awarded
Completed 01/16/23 Page 1 of 11 BLR 05530(Rev.07/08/22)
AGREEMENT EXHIBITS
The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT:
® EXHIBIT A: Scope of Services
® EXHIBIT B: Project Schedule
® EXHIBIT C:Qualification Based Selection(QBS)Checklist
® EXHIBIT D: Cost Estimate of Consultant Services(CECS)Worksheet(BLR 05513 or BLR 05514 )
® Material Testing Proposal
I. THE ENGINEER AGREES,
1. To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection
with the proposed improvements herein before described.
2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff
hours. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are 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.
3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or
corrections required as a result of the ENGINEER'S error,omissions or negligent acts without additional compensation.
Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent
correction of any such errors or omissions or the responsibility for clarifying ambiguities.
4. That the ENGINEER will comply with applicable Federal laws and regulations, State of Illinois Statutes,and the local laws or
ordinances of the LPA.
5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA.
6. To invoice the LPA for Preliminary and/or Design Engineering:The ENGINEER shall submit all invoices to the LPA within three
months of the completion of the work called for in the AGREEMENT or any subsequent Amendment or Supplement.
7. To submit a completed BLR 05613, Engineering Payment Report,to the DEPARTMENT within three months of the completion of
the work called for in this AGREEMENT or any subsequent Amendment or Supplement.The form shall be submitted with the
final invoice.
8. 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 US
Department of Transportation(US DOT)assisted contract. 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 LPA deems
appropriate.
9. 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 LPA.The consent to sublet,assign or otherwise transfer any portion of the services to be furnished
by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT.
10. For Construction Engineering Contracts:
(a)The ENGINEER shall be prequalified with the STATE in Construction Inspection.All employees of the ENGINEER
serving as the onsite resident construction supervisor or providing construction inspection shall have a valid
Documentation of Contract Quantities certification.
(b)For all projects where testing is required,the ENGINEER shall obtain samples according to the STATE Bureau of
Materials."Manual of Test Procedures for Materials,"submit STATE Bureau of Materials inspection reports;and
verify compliance with contract specifications.
11. That the engineering services shall include all equipment, instruments,supplies,transportation and personnel required to perform
the duties of the ENGINEER in connection with this AGREEMENT(See DIRECT COST tab in BLR 05513 or BLR 05514).
II. THE LPA AGREES,
1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the following:
(a)Professional Services Selection Act(50 ILCS 510),The Brooks Act(40 USC 11),and the Procurement,
Management, and Administration of Engineering,and Design Related Services(23 CFR part 172).Exhibit C is
required to be completed with this AGREEMENT.
2. To furnish the ENGINEER all presently available survey data, plans,specifications, and project information.
3. For Construction Engineering Contracts:
(a)To furnish a full time LPA employee to be In Responsible Charge authorized to administer inherently governmental
PROJECT activities.
(b)To submit approved forms BC 775 and BC 776 to the DEPARTMENT when federal funds are utilized.
4. To pay the ENGINEER:
Completed 01/16/23 Page 2 of 11 BLR 05530(Rev.07/08/22)
(a)For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the
LPA, 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 LPA but not later than 60 days after the work is completed and
reports have been made and accepted by LPA and DEPARTMENT,a sum of money equal to the basic fee as
determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER
shall be due and payable to the ENGINEER.
5. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the
following compensation method as discussed in 5-5.10 of the BLR Manual.
Method of Compensation:
❑ Lump Sum
❑ Specific Rate
® Cost plus Fixed Fee: Fixed
Total Compensation=DL+ DC+OH+ FF
Where:
DL is the total Direct Labor,
DC is the total Direct Cost,
OH is the firm's overhead rate applied to their DL and
FF is the Fixed Fee.
Where FF=(0.33+ R)DL+%SubDL,where R is the advertised Complexity Factor and %SubDL is 10%profit
allowed on the direct labor of the subconsultants.
The Fixed Fee cannot exceed 15%of the DL+OH.
Field Office Overhead Rates: Field rates must be used for construction engineering projects expected to exceed one
year in duration or if the construction engineering contract exceeds$1,000,000 for any project duration.
6. The recipient shall not discriminate on the basis of race,color, national original or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.The recipient shall take
all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US
DOT-assisted contracts.The recipient's DBE program,as required by 49 CFR part 26 and as approved by US 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(31 U.S.0 3801 et seq.).
III. IT IS MUTUALLY AGREED,
1. No work shall be commenced by the ENGINEER prior to issuance by the IDOT of a written Notice to Proceed.
2. To maintain,for a minimum of 3 years after the completion of the contract,adequate books, records and supporting documents to
verify the amount,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 DEPARTMENT,the Federal Highways Administration(FHWA)or any authorized representative of the federal
government,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 DEPARTMENT for the recovery of any funds paid by the
DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support
their purported disbursement.
3. 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 LPA,the DEPARMTENT,
and their officers,agents,and employees from all suits,claims,actions or damage liabilities, costs or damages of any nature
whatsoever resulting there from.These indemnities shall not be limited by the listing of any insurance policy.
The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the
ENGINEER as soon as practicable after the discovery.The LPA reserves the right to take immediate action to remedy any error
or omission if notification is not successful;if the ENGINEER fails to reply to a notification; or if the conditions created by the error
or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and
reasonable notice is not practicable.
4. This AGREEMENT may be terminated by the LPA 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 LPA 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 investigation with the understanding that all such material becomes the property of the
LPA.The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to
the date of the written notice of termination.
Completed 01/16/23 Page 3 of 11 BLR 05530(Rev.07/08/22)
5. In the event that the DEPARMENT stops payment to the LPA,the LPA may suspend work on the project. If this agreement is
suspended by the LPA for more than thirty(30)calendar days,consecutive or in aggregate,over the term of this AGREEMENT,
the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred as a result of the
suspension and resumption of its services,and the ENGINEER's schedule and fees for the remainder of the project shall be
equitably adjusted.
6. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until
the completion of construction of any phase of professional services performed by others based upon the service provided
herein.All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent
professional services are not commenced within 5 years after final payment by the LPA.
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 have harmless the LPA,the DEPARTMENT,
and their officers,employees from all suits,claims,actions or damages liabilities,costs or damages of any nature whatsoever
resulting there from.These indemnities shall not be limited by the listing of any insurance policy.
8. The ENGINEER and LPA certify that their respective firm or agency:
(a)has not 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 the LPA or the ENGINEER)to solicit or secure
this AGREEMENT,
(b)has not 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)has not paid,or agreed to pay any firm,organization or person(other than a bona fide employee working solely for
the LPA or the ENGINEER)any fee,contribution,donation or consideration of any kind for,or in connection with,
procuring or carrying out the AGREEMENT.
(d)that neither the ENGINEER nor the LPA is/are not presently debarred,suspended,proposed for debarment,
declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency,
(e)has 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 indicated 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)has not within a three-year period preceding this AGREEMENT had one or more public transaction(Federal,State or
local)terminated for cause or default.
Where the ENGINEER or LPA is unable to certify to any of the above statements in this certification,an explanation shall be
attached to this AGREEMENT.
9. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no
claim for damages shall be made by either party.Termination of the AGREEMENT or adjustment of the fee for the remaining
services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within
six months after the specified completion date. Examples of unforeseen causes include but are not limited to:acts of God or a
public enemy;act of the LPA, DEPARTMENT,or other approving party not resulting from the ENGINEER's unacceptable
services;fire;strikes;and floods.
If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE,the ENGINEER shall apply in writing to
the LPA for an extension of time. If approved,the PROJECT SCHEDULE shall be revised accordingly.
10. This certification is required by the Drug Free Workplace Act(30 ILCS 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 DEPARTMENT 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 or suspension of contract on grant
payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for
at least one(1)year but not more than(5)years.
For the purpose of this certification,"grantee"or"Contractor"means a corporation, partnership or an 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 contract or grant of$5,000 or more from the DEPARTMENT, as defined the Act.
The contractor/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 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 statue conviction for a violation occurring in the workplace
no later than(5)days after such conviction.
(b)Establishing a drug free awareness program to inform employees about:
Completed01/16/23 Page 4 of 11 BLR 05530(Rev.07/08/22)
(1)The dangers of drug abuse in the workplace;
(2)The grantee's or contractor's policy to maintain 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.
(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.
Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act,
the ENGINEER, LPA and the Department agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B.Time is of the
essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the
ENGINEER for future project.The ENGINEER will submit progress reports with each invoice showing work that was completed
during the last reporting period and work they expect to accomplish during the following period.
11. Due to the physical location of the project,certain work classifications may be subject to the Prevailing Wage Act(820 ILCS
130/0.01 et seq.).
12. For Construction Engineering Contracts:
(a)That all services are to be furnished as required by construction progress and as determined by the LPA employee In
Responsible Charge.The ENGINEER shall complete all services herein within a time considered reasonable to the
LPA,after the CONTRACTOR has completed the construction contract.
(b)That all field notes,test records and reports shall be turned over to and become the property of the LPA and that
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.
(c)That any difference between the ENGINEER and the LPA concerning the interpretation of the provisions of this
AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the
ENGINEER,one member appointed by the LPA, and a third member appointed by the two other members for
disposition and that the committee's decision shall be final.
(d)That in the event that engineering and inspection services to be furnished and performed by the LPA(including
personnel furnished by the ENGINEER)shall,in the opinion of the STATE be incompetent employed on such work
at the expense of the LPA.
(e)Inspection of all materials when inspection is not provided by the sources by the STATE Central Bureau of Materials,
and submit inspection reports to the LPA and STATE in accordance with the STATE Central Bureau of Materials
"Project Procedures Guide"and the policies of the STATE.
AGREEMENT SUMMARY
Prime Consultant(Firm)Name I TIN/FEIN/SS Number Agreement Amount
Baxter&Woodman, Inc 36-2845242 $264,697.50
Subconsultants TIN/FEIN/SS Number Agreement Amount
Soil and Material Consultants 36-3094075 $8,322.50
Subconsultant Total $8,322.50
Prime Consultant Total $264,697.50
Total for all work $273,020.00
Completed 01/16/23 Page 5 of 11 BLR 05530(Rev.07/08/22)
AGREEMENT SIGNATURES
Local Public Agency Type Local Public Agency
Attest: The City of City of Elgin
B Si nature&Date B Si nature&Date
2/22/23 C t� 2/22/23
Local Public Agency Local Public Agency Type Title
City of Elgin City Clerk Mayor
,v
(S ` .c
r
Executed by the ENGINEER:
Prime Consultant Firm Name
Attest: Baxter&Woodman, Inc
B Si nature&Date By i nature&Date
Digitally signed by Craig Mitchell
Digitally signed by Barbara Tobin Barbara Tobin Date:2023.01.1 6 09:38:06-06'00' Craig Mitchel Date:2023.01.16 09:55:39
I -06'00'
Title Title
Deputy Secretary Vice President
Completed 01/16/23 Page 6 of 11 BLR 05530(Rev.07/08/22)
Local Public A_qency Prime Consultant Firm Name County Section Number
City of Elgin Baxter&Woodman, Inc Kane 09-00176-00-13T
EXHIBIT A
SCOPE OF SERVICES
To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT herein before
described and enumerated below
1. Act as the Owner's representative with duties, responsibilities and limitations of authority as assigned in the
construction contract documents.
2. PROJECT INITIATION
A. Prepare for start of project.
B. Attend IDOT run preconstruction conference, and review the Contractor's proposed construction schedule and
list of subcontractors.
3. CONSTRUCTION ADMINISTRATION
A. Attend periodic construction progress meetings.
B. Shop drawing and submittal review by Engineer shall apply only to the items in the submissions and only for
the purpose of assessing, if upon installation or incorporation in the Project, they are generally consistent with
the construction documents. Owner agrees that the contractor is solely responsible for the submissions
(regardless of the format in which provided, i.e. hard copy or electronic transmission) and for compliance with the
contract documents. Owner further agrees that the Engineer's review and action in relation to these submissions
shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or
extend to safety programs of precautions. Engineer's consideration of a component does not constitute
acceptance of the assembled item.
C. Review construction record drawings for completeness prior to submission to CADD.
D. Prepare construction contract change orders and work directives when authorized by the Owner.
E. Review the Contractor's requests for payments as construction work progresses, and advise the Owner of
amounts due and payable to the Contractor in accordance with the terms of the construction contract documents.
F. Research and prepare written response by Engineer to request for information from the Owner and
Contractor.
G. Project manager or other office staff visit site as needed.
H. Provide the services of a materials testing company, as a subconsultant, to perform proportioning and testing
of the Portland cement concrete and bituminous mixtures in accordance with the IDOT's Bureau of Materials
manuals of instructions for proportioning. Review laboratory, shop and mill test reports of materials and
equipment furnished by the Contractor.
4. FIELD OBSERVATION — Full Time
A. Engineer's site observation shall be at the times agreed upon with the Owner. Engineer will provide Resident
Project Representatives at the construction site on a full-time basis of forty (40) hours per week from Monday
through Friday, not including legal holidays, as deemed necessary by the Engineer, to assist the Contractor with
interpretation of the Drawings and Specifications, to observe in general if the Contractor's work is in conformity
with the Final Design Documents, and to monitor the Contractor's progress as related to the Construction
Contract date of completion. Through standard, reasonable means, Engineer will become generally familiar with
observable completed work. If Engineer observes completed work that is inconsistent with the construction
documents, that information shall be communicated to the contractor and Owner to address. Engineer shall not
supervise, direct, control, or have charge or authority over any contractor's work, nor shall the Engineer have
authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction
selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety
at the site, nor for any failure of any contractor to comply with laws and regulations applicable to such
contractor's furnishing and performing of its work. Engineer neither guarantees the performance of any
contractor nor assumes responsibility for any contractor's failure to furnish and perform the work in accordance
with the contract documents, which contractor is solely responsible for its errors, omissions, and failure to carry
out the work. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or
Completed01/16/23 Page 7 of 11 BLR 05530(Rev.07108/22)
Local Public Agency Prime Consultant Firm Name County Section Number
City of Elgin Baxter&Woodman, Inc Kane 09-00176-00-BT
supplier, or of any of their agents or employees or any other person, (except Engineer's own agents, employees,
and consultants)at the site or otherwise furnishing or performing any work; or for any decision made regarding
the contract documents, or any application, interpretation, or clarification, of the contract documents, other than
those made by the Engineer.
B. Provide the necessary base lines, benchmarks, and reference points to enable the Contractor to proceed with
the work.
C. Keep a daily record of the Contractor's work on those days that the Engineers are at the construction site
including notations on the nature and cost of any extra work, and provide weekly reports to the Owner of the
construction progress and working days charged against the Contractor's time for completion.
5. DRONE CAPTURED PROGRESS VIDEO RECORDING
A. Provide drone flights over the Project Site on a periodic basis of not more than two (2) hours per month from
Project Initiation through Project Completion, to record the various stages and associated progress of the
construction activities. Drone flights will provide high resolution video and imagery.
B. Drone will be flown by a licensed Drone Pilot.
C. All Federal Aviation Administration (FAA) requirements will be reviewed and met before each flight.
6. COMPLETION OF PROJECT
A. Provide construction inspection services when notified by the Contractor that the Project is complete. Prepare
written punch lists during final completion inspections.
B. Review the Contractor's written guarantees and issue a Notice of Acceptability for the Project by the Owner.
C. Review the Contractor's requests for final payment, and advise the Owner of the amounts due and payable to
the Contractor in accordance with the terms of the construction contract documents.
D. Prepare construction record drawings which show field measured dimensions of the completed work which
the Engineers consider significant and provide the Owner with an electronic copy within ninety (90) days of the
Project completion.
7. PROJECT CLOSEOUT— Provide construction-related engineering services including, but not limited to,
General Construction Administration and Resident Project Representative Services.
Completed01/16/23 Page 8 of 11 BLR 05530(Rev.07/08/22)
Local Public Agency Prime Consultant Firm Name County Section Number
City of Elgin Baxter&Woodman, Inc Kane 09-00176-00-BT
EXHIBIT B
PROJECT SCHEDULE
State Letting -April 28, 2023
Estimated Award June 1, 2023
Start Construction estimated June 12, 2023
Complete Construction estimated October 16, 2023
Completed 01/16/23 Page 9 of 11 BLR 05530(Rev.07/08/22)
Local Public Agency Prime Consultant Firm Name County Section Number
City of Elgin Baxter& Woodman, Inc Kane 09-00176-00-BT
Exhibit C
Qualification Based Selection(QBS)Checklist
The LPA must complete Exhibit D. If the value meets or will exceed the threshold in 50 ILCS 510,QBS requirements must be followed.
Under the threshold,QBS requirements do not apply.The threshold is adjusted annually. If the value is under the threshold with federal
funds being used,federal small purchase guidelines must be followed.
❑ Form Not Applicable(engineering services less than the threshold)
Items 1-13 are required when using federal funds and QBS process is applicable.Items 14-16 are required when
using State funds and the QBS process is applicable.
No Yes
1 Do the written QBS policies and procedures discuss the initial administration(procurement, management ❑
and administration)concerning engineering and design related consultant services?
2 Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and ❑
specifically Section 5-5.06(e)of the BLRS Manual?
3 Was the scope of services for this project clearly defined? ❑
4 Was public notice given for this project? ❑
If yes Due date of submittal 10/21/20
Methods used for advertisement and dates of advertisement
Advertised on City Website from 9/30/20 to 10/21/20
5 Do the written QBS policies and procedures cover conflicts of interest? ❑
6 Do the written QBS policies and procedures use covered methods of verification for suspension and ❑
debarment?
7 Do the written QBS policies and procedures discuss the methods of evaluation? ❑
Project Criteria Weighting
Firm Experience 15%
Technical Approach 15%
Past Performance on Similar Projects 20%
Specialized Experience 20%
Staff Capabilities 20%
Local Presence and Key Employees 10%
8 Do the written QBS policies and procedures discuss the method of selection? ❑
Selection committee titles for this project
City Engineer and staff
Top three consultants ranked for this project in order
1 Baxter& Woodman, Inc
2 Christopher Burke
3 V3
9 Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? ❑
10 JWere negotiations for this project performed in accordance with federal requirements. ❑
11 Were acceptable costs for this project verified? ❑
12 Do the written QBS policies and procedures cover review and approving for payment, before forwarding ❑
the request for reimbursement to IDOT for further review and approval?
Do the written QBS policies and procedures cover ongoing and finalizing administration of the project
13 (monitoring,evaluation, closing-out a contract, records retention, responsibility, remedies to violations or ❑
breaches to a contract,and resolution of disputes)?
14 JQBS according to State requirements used? ❑
Completed 01/16/23 Page 10 of 11 BLR 05530(Rev.07/08/22)
Local Public Agency Prime Consultant Firm Name County Section Number
City of Elgin Baxter&Woodman, Inc Kane 09-00176-00-13T
15 Existing relationship used in lieu of QBS process? lZ ❑
16 1 LPA is a home rule community(Exempt from QBS). ❑
Completed 01/16/23 Page 11 of 11 BLR 05530(Rev.07/08/22)
EXHIBIT D
®Ilirlots Departrrlerlt COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
of Transportation
FIXED RAISE
Local Public Agency County Section Number
City of Elgin Kane 09-00176-00-BT
Prime Consultant Firm Name Prepared By Date
Baxter&Woodman,Inc. ICraig Mitchell 1/5/2023
Consultant/Subconsultant Name Job Number
Baxter&Woodman,Inc. C-91-305-09
Note: This is name of the consultant the CECS is being completed
for. This name appears at the top of each tab.
Remarks
PAYROLL ESCALATION TABLE
CONTRACT TERM 6 MONTHS OVERHEAD RATE 154.70%
START DATE 6/12/2023 COMPLEXITY FACTOR 0
RAISE DATE 11112024 %OF RAISE 2.00
END DATE 12/11/2023
ESCALATION PER YEAR
%of
Year First Date Last Date Months Contract
0 6/12/2023 12/11/2023 6 100.00%
BLR 05514(Rev.11/04/22)
Printed 1/5/2023 4:03 PM The total escalation= 0.00% ESCALATION
Page 1 of 6
Local Public Agency County Section Number
lCity of Elgin lKane 09-00176-00-BT
Consultant / Subconsultant Name Job Number
Baxter&Woodman, Inc. C-91-305-09
PAYROLL RATES
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE
MAXIMUM PAYROLL RATE 78.00
ESCALATION FACTORI 0.00%
MOT
CLASSIFICATION PAYROLL RATES CALCULATED RATE
ON FILE
Vice President $77.50 $77.50
Engineer V $63.00 $63.00
Engineer 1 $31.50 $31.50
BLR 05514(Rev. 11/04/22)
Printed 1/5/2023 4:03 PM RATES
Page 2 of 6
Local Public Agency County Section Number
City of Elgin Kane 09-00176-00-BT
Consultant/Subconsultant Name Job Number
Baxter & Woodman, Inc. C-91-305-09
SUBCONSULTANTS
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS)WORKSHEET
Contribution to Prime
NAME Direct Labor Total Consultant
Soil and Material Consultants 8,322.50 832.25
Total 8,322.50 832.25
NOTE: Only subconsultants who fill out a cost estimate that splits out direct labor may be listed on
this sheet.
BLR 05514(Rev. 11/04/22)
Printed 1/5/2023 4:03 PM SUBS
Page 3 of 6
Local Public Agency County Section Number
City of Elgin lKane 09-00176-00-BT
Consultant I Subconsultant Name Job Number
Baxter&Woodman,Inc. C-91-305-09
DIRECT COSTS WORKSHEET
List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project.
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
CO TRACT
ITEM ALLOWABLE QUANTITY RATE TOTAL
Lodging Actual Cost $0.00
(per GOVERNOR'S TRAVEL CONTROL BOARD U to state rate maximum
Lodging Taxes and Fees Actual Cost $0.00
(per GOVERNOR'S TRAVEL CONTROL BOARD
Air Fare Coach rate,actual cost,requires minimum two weeks' $0.00
notice,with prior IDOT approval
Vehicle Mileage
er GOVERNOR'S TRAVEL CONTROL BOARD Up to state rate maximum 2438.17 $0.66 $1,597.00
Vehicle Owned or Leased $32.50/half day(4 hours or less)or$65/full day 136 $65.00 $8,840.00
Vehicle Rental Actual Cost(Up to$55/day) $0.00
Tolls Actual Cost $0.00
Parking Actual Cost $0.00
Overtime Premium portion(Submit supporting documentation) $0.00
Shift Differential Actual Cost(Based on firm's policy) $0.00
Overnight Delivery/Postage/Courier Service Actual Cost(Submit supporting documentation) $0.00
Copies of Deliverables/Mylars(In-house) Actual Cost(Submit supporting documentation) $0.00
Copies of Deliverables/Mylars(Outside) Actual Cost(Submit supporting documentation) $0.00
Project Specific Insurance Actual Cost $0.00
Monuments(Permanent) Actual Cost $0.00
Photo Processing Actual Cost $0.00
2-Way Radio(Survey or Phase III Only) Actual Cost $0.00
Telephone Usage(Traffic System Monitoring Only) Actual Cost $0.00
CADD Actual Cost(Max$15/hour) $0.00
Web Site Actual Cost(Submit supporting documentation) $0.00
Advertisements Actual Cost(Submit supporting documentation) $0.00
Public Meeting Facility Rental Actual Cost(Submit supporting documentation) $0.00
Public Meeting Exhibits/Renderings&Equipment Actual Cost(Submit supporting documentation) $0.00
Recording Fees Actual Cost $0.00
Transcriptions(specific to project) Actual Cost $0.00
Courthouse Fees Actual Cost $0.00
Storm Sewer Cleaning and Televising Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Traffic Control and Protection Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Aerial Photography and Mapping Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Utliity Exploratory Trenching Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
Testing of Soil Samples Actual Cost $0.00
Lab Services Actual Cost(Provide breakdown of each cost) $0.00
Equipment and/or Specialized Equipment Rental Actual Cost(Requires 2-3 quotes with IDOT approval) $0.00
$0.00
$0.00
$0.00
$0.00
TOTAL DIRECT COSTS: $10,437.00
(Nev.1 IM4/22)
Printed 1/5/20234:03 PM DIRECT COSTS
Page 4 of 6
Local Public Agency County Section Number
ICity of Elgin Kane 09-00176-00-BT
Consultant/Subconsultant Name Job Number
Baxter&Woodman,Inc. C-91-305 09
COST ESTIMATE WORKSHEET
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
OVERHEAD RATE 154.70% COMPLEXITY FACTOR�O
DIRECT COSTS
(rat included in OVERHEAD& SERVICES BY % GRAND
TASK row totals) STAFF HOURS PAYROLL FRINGE BENEFITS FIXED FEE OTHERS TOTAL TOTAL
Project Initiation 325 48 3,140 4,858 1,036 9,034 3.31
Construction Administration 1,105 135 10,463 16,185 3,453 30,101 11.03%
Field Inspection 7,382 1250 63,000 97,461 20,790 8,323 189,574 69.44
Project Closeout 1,625 1901 11,485 17,767 3,790 33,042 1 12.10%
Subconsultant OL $832.25 0.30
Direct Costs Total===>I $10,437.00 <_= M U S T M A T C H =_> $10,437.00 3.82
TOTALS 1 16231 88,088 1 136,271 1 29,069 1 8,323 273,020 96.18
224 359 BLR 05514(Rev.11/04/22)
Printed 1/5/2023 4:03 PM COST EST
Page 5 of 6
Local Public Agency County Section Number
10ty of Elgin lKane 09-00176-00-BT
Consultant I Subconsultant Name Job Number
Baxter&Woodman. Inc. C-91-305-09
AVERAGE HOURLY PROJECT RATES
EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES(CECS)WORKSHEET
SHEET 1 OF 1
Construction
PAYROLL AVG TOTAL PROD.RATES Project Initiation Administration Field Inspection Project Closeout
HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd
CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg
Vice President 77,50 153.0 9.43% 7.31 8 16.67% 12.92 135 100.00% 77.50 10 5.26% 4.08
Engineer V 63.00 950.0 58.53% 36.88 40 83.33% 52.50 750 60.00% 37.80 160 84.21% 53.05
Engineer 1 31.50 520.0 32.04% 10.09 500 40.00% 12.60 20 10.53% 3.32
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
TOTALS 162J-0 1 100% $54.27 48.0 100.00%1$65.42 135.0 100% $77.50 1250.0 100% 1 $50.40 1 190.0 1 100% $60.45 0.0 01, 50.07
Printed 1/5/2023 4:03 PM BLR 05514(Rev. 11/04/22)
Page 6 of 6 AVG 1
Office: 847-870-0544
�� -870-0661
SOIL AND MATERIAL CONSULTANTS, INC. Fax: 84 ltants.com
!.l us@soilandmaterialconsultants.com
�..I www.soilandmaterialconsultants.com
January 5, 2023
Proposal No. 20,630
Craig D. Mitchell
Baxter&Woodman, Inc.
8678 Ridgefield Road
Crystal Lake, IL 60012
Re: Soil and Construction Material Testing
FAU 0528& FAU 0336
Roadway Widening and Bike Path Reconstruction
Elgin, IL
Dear Mr. Mitchell:
Submitted for your consideration is our proposal to provide soil and construction material testing on
a will-call basis initiated by your office or representative.
We understand the testing requirements of the IDOT QC/QA program are applicable. We propose
to be the QA project manager and provide QA jobsite testing. IDOT is to provide QA plant testing.
Attached is our Schedule of Fees for anticipated services. Note that hourly rates are inclusive of
mileage and equipment charges. Based on available information and our experience on similar
projects, we estimate a charge of$8,322.50 may be incurred for the anticipated services. Actual
billing will be on a unit price basis and you will only be billed for those services actually provided.
Final billing may be less than or greater than the estimated charge. Requests for services not
included within the scope of this proposal will be provided at our established unit prices.
Thank you for the opportunity of submitting this proposal,which includes the attached General
Conditions. If acceptable, please sign and return one copy to our office. Further, please include
applicable plans and specifications, if not already submitted.
Very truly yours,
SOIL AND MATERIAL CONSULTANTS, INC.
/Reid T. Steinbach, P.E.
Director of Engineering
RTS:dd
Proposal Accepted By:
Client
Street
Town State Zip Code
Phone( ) E-Mail Address
Signature Position
Printed Name Date
8 W. COLLEGE DR. SUITE C ARLINGTON HEIGHTS, IL 60004
SOIL BORINGS SITE INVESTIGATIONS PAVEMENT INVESTIGATIONS GEOTECHNICAL ENGINEERING
TESTING OF SOIL ASPHALT CONCRETE MORTAR STEEL
Proposal No. 20,630 Page 2
Re: FAU 0528+ FAU 0336
Roadway Widening and Bike Path Reconstruction
Elgin, IL
SOIL AND MATERIAL CONSULTANTS, INC. SCHEDULE OF FEES
Effective 1-1-23 BITUMINOUS CONCRETE
Service Estimated Units Fee Cost
Plant Testinq
Technician 3 days $ 364.00 /day $ 1,092.00
Field Testing
Technician with Nuclear Gauge 16 hours $ 91.00 /hour $ 1,456.00
364.00 /day min.
Laboratory Testing
Asphalt Content (ignition) 3 each $ 175.00 each $ 525.00
Bulk Specific Gravity(gyratory) 3 each $ 260.00 each $ 780.00
Maximum Specific Gravity 3 each $ 100.00 each $ 300.00
Unit Weight—cores 20 each $ 25.00 each $ 500.00
Engineerinq
Senior Engineer(P.E.) 5 hours $ 145.00 /hour $ 725.00
-QA Project Manager,
includes project administration,
field/laboratory engineering, mix
design review, consultation and
report review
Estimated Cost: $ 4,067.00
Estimates:
Est. Contractor
Item Tons Working Days Est. Days-50%QA Plants
HMA Surface, N50 1,435 1.0 0.5 1
HMA Surface, N70 521 0.5 0.5 1
HMA Binder, N50 420 0.5 0.5 1
Class D Patches 174 2.0 0.5 --
Total: 2,550 4.0 2.0 3
Billing Notes: Hourly Charges: Portal To Portal Saturdays: Hourly Rate x 1.5
Weekdays over 8 hours/day: Hourly Rate x 1.5 Sundays: Hourly Rate x 2.0
Proposal No. 20,630 Page 3
Re: FAU 0528+ FAU 0336
Roadway Widening and Bike Path Reconstruction
Elgin, IL
SOIL AND MATERIAL CONSULTANTS, INC. SCHEDULE OF FEES
Effective 1-1-23 PORTLAND CEMENT CONCRETE
Service Est. Work Units Fee Cost
Plant Testing
Technician 1 days $ 600.00 /day $ 600.00
Field Testing
Technician 12 hours $ 91.00 /hour $ 1092.00
-includes temperature, slump, 364.00 /day min.
air and cylinders
Cylinder Pick-up 4.5 hours $ 91.00 /hour $ 409.50
Laboratory Testing
Cylinder Compressive Strength 12 each $ 17.00 each $ 204.00
Engineering
Senior Engineer(P.E.) 2 hours $ 145.00 /hour $ 290.00
-QA Project Manager.
includes project administration,
field/laboratory engineering, mix
design review, consultation and
report review
Estimated Cost: $ 2595.50
Estimates:
Est. Contractor
Item Quantity CY Workinq Days Est. Days-20% QA Cyls.
PCC Combined C &G 2,901 162 4.0 1.0 8
PCC Sidewalk 5,408 Ft^2 83 2.0 0.5 4
PCC Median 365 Ft^2 10 0.5 -- --
Total: 255 6.5 1.5 12
Billing Notes: Hourly Charges: Portal To Portal Saturdays: Hourly Rate x 1.5
Weekdays over 8 hours/day: Hourly Rate x 1.5 Sundays: Hourly Rate x 2.0
Proposal No. 20,630 Page 4
Re: FAU 0528+ FAU 0336
Roadway Widening and Bike Path Reconstruction
Elgin, IL
SOIL AND MATERIAL CONSULTANTS, INC. SCHEDULE OF FEES
Effective 1-1-23 AGGREGATE AND SOIL
Service Est. Work Units Fee Cost
Field Testing
Technician 15 hours $ 101.00 /hour $ 1,515.00
(3 trips @ 5 hours) 404.00 /day min.
Material Pick-up hours $ 91.00 /hour $ If needed
Laboratory Testing
Sieve Analysis—washed each $ 95.00 each $ If needed
Hydrometer Analysis each $ 95.00 each $ If needed
Atterberg Limits each $ 95.00 each $ If needed
Standard Proctor each $ 190.00 each $ If needed
Modified Proctor each $ 200.00 each $ If needed
Engineerinq
Senior Engineer(P.E.) 1 hours $ 145.00 /hour $ 145.00
- includes project administrations
field/laboratory engineering,
consultation and report review
Project Engineer hours $ 95.00 /hour $ If needed
Estimated Cost: $ 1,660.00
Billing Notes: Hourly Charges: Portal To Portal Saturdays: Hourly Rate x 1.5
Weekdays over 8 hours/day: Hourly Rate x 1.5 Sundays: Hourly Rate x 2.0
Proposal No. 20,630 Page 5
Re: FAU 0528+ FAU 0336
Roadway Widening and Bike Path Reconstruction
Elgin, IL
Soil and Material Consultants, Inc.(SMC)scope of work defined in the proposal
TERMS AND CONDITIONS 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 TESTING SERVICES
Client will furnish SMC with right-of-access to the site. Client shall furnish SMC with at least one working day's notice on any part-
SMC will take reasonable precautions to minimize site time(less than 8 hours/day)job when field personnel are requested. SMC
damage due to its operations,but has not included in shall make reasonable effort to provide field personnel in a timely manner
the fee the cost of restoration of any resulting but reserves the right to schedule field personnel as deemed appropriate.
damage. SMC shall not be liable for damage or injury Minimum charges will be billed when work cancellations are received after
due to encountering subsurface structures(pipes, field personnel have left for the project site.
tanks,utilities or others)not called to SMC's attention
in writing or are not correctly shown on the drawings SMC personnel will provide a professional service based on observations
furnished by client or client's representative. If the and testing of the work of a contractor,subcontractor,or other
client desires,SMC will restore any damage to the site service/material provider,as specifically requested. SMC field personnel
and add the cost of restoration to the fee. will look for general conformance with project specifications,plans and/or
soil report but does not accept the responsibility to control or direct the
Field work,laboratory testing and engineering work of others. Discrepancies noted by SMC office or field personnel will
analysis will be performed in accordance with be referred to client or client's representative.
generally accepted soil and foundation engineering
practices. Samples are retained in our laboratory for Testing Services furnished by SMC are defined as the taking of soil and/or
30 days from date of report and then destroyed unless material tests at various locations and the making of visual observations
other disposition is requested. The data reported relating to earthwork,foundations,and/or materials as specifically
applies only to the soils sampled and the conditions requested by the client and agreed to by SMC,and will be limited to those
encountered at each boring location. This does not specifically agreed services. Such services will be performed by SMC
imply or guarantee that soils between borings will be using that degree of care and skill ordinarily exercised,under similar
identical in character. Isolated inclusions of better or circumstances,by reputable members of the profession practicing in this
poorer soils can be found on any site. SMC will not or similar localities.
be liable for extra work or other consequences due to
changed conditions encountered between borings. Observations and testing of soils and/or materials by SMC in no way
implies a guarantee or warranty of the work of the contractor,
Any exploration,testing and analysis associated with subcontractor,or other service/material provider. SMC's work or failure to
the investigation will be performed by SMC for the perform same shall in no way excuse such contractor,subcontractor or
client's sole use to fulfill the purpose of this other service/material provider from liability in the event of subsequently
Agreement. SMC is not responsible for use or discovered defects,omissions,errors,deficiencies or failure to perform in
interpretation of the information by others. The client accordance with the project plans and specifications. SMC field personnel
recognizes that subsurface conditions may vary from shall not be responsible for superintendence of the construction process
those encountered in borings or explorations. nor direction of the work of the contractor,subcontractor,or other
Information and recommendations developed by SMC service/material provider. SMC's work shall not include determining or
are based solely on available information and for the implementing the means,methods,techniques,sequences or procedures
currently proposed improvement. 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.