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Soils Exploration

Report

Palumbo Management

1100 Penny Road

East Dundee, IL 60118

Terra Business Park – Lot 4

Patricia Lane and Peter Place

East Dundee, IL 60118

Project No: 23.R000145.00001

TABLE OF CONTENTS

Section Page

I. TEXT

1.0 SCOPE OF SERVICES ..................................................................................................................................................... 3

2.0 INVESTIGATION AND LABORATORY TESTING ........................................................................................................ 3

3.0 DISCUSSION OF TEST DATA ........................................................................................................................................ 4

4.0 ANALYSIS AND RECOMMENDATIONS ....................................................................................................................... 5

5.0 CLOSURE ........................................................................................................................................................................... 7

II. APPENDIX

BORING LOCATION PLAN

BORING LOGS

UNIFIED CLASSIFICATION CHART

LEGEND FOR BORING LOGS

TERMS AND CONDITIONS


January 23, 2019

Project No: 23.R000145.00001

Soils Exploration Report

Terra Business Park – Lot 4

Patricia Lane and Peter Place

East Dundee, IL

1.0 SCOPE OF SERVICES

This soils exploration has been performed for a proposed warehouse/industrial building located at Lot 4

in Terra Business Park located at the southwest corner of Patricia Lane and Peter Place in East

Dundee, Illinois. The area of the planned building will be 45,408 square feet. These geotechnical

engineering services are being provided in accordance with Nelson Testing Proposal No. 18-11007,

Revised November 29, 2019, and our General Conditions.

The proposed building will consist of a single-story slab-on-grade warehouse structure. Due to the

preliminary stage of design, top of finished floor (FF) has not yet been established. Maximum column

and wall loading have been preliminarily assumed to be 50 to 75 kip and 4000 lb/lf, respectively.

The site is known to have been previously mined for sand and gravel and has since been backfilled with

predominately clay fill. Ground surface elevations at the boring locations (all on proposed building pad)

were not available at the time of the exploration.

2.0 INVESTIGATION AND LABORATORY TESTING

Four (4) borings were drilled for the proposed structure. A Boring Location Plan showing the drilling

layout is attached in the Appendix. The ground surface at the site was relatively level.

The borings were drilled, and samples tested in close accordance with currently recommended

American Society for Testing and Materials specifications. Soil sampling was performed at 5-foot

intervals to the bottom of the borings, or to a depth of 50 feet in Borings B-1 and B-2, to a depth of 40

feet in Boring B-3 (terminated due to blow-in of sand below the ground water table) and a depth of 60

feet in Boring B-4. The samples were taken in conjunction with the Standard Penetration Test (SPT), for

4 Project No: 23.R000145.00001 Terra Business Park – Lot 4


which driving resistance to a 2-inch split-spoon sampler (N value in blows per foot) provides an

indication of the relative density of granular materials and consistency of cohesive soils. Water level

readings were taken during and following completion of drilling operations. Boring B-1 did not reach

native soil at its termination depth. Boring B-3 was terminated after extending 10 feet into native Sand

and Gravel.

Soil samples were analyzed in the laboratory by Nelson Testing’s geotechnical engineer to verify field

descriptions and to classify them in accordance with the Unified Soil Classification System. Laboratory

testing included water content determinations for all cohesive and intermediate (clay, silt and loamy soil

types). Estimated unconfined compressive strengths were obtained for all cohesive samples using a

calibrated pocket penetrometer while dry unit weight tests were also run on specimens of clay fill.

A record of these laboratory tests and classifications are enclosed as boring logs in the appendix. The

subsurface profile and soil descriptions, results of field and laboratory tests, as well as water level

observations are incorporated on these logs. Definitions of descriptive terminology are also included.

While strata changes are shown as a definite line on the boring logs, the actual transition between soil

layers is likely to be more gradual.

3.0 DISCUSSION OF TEST DATA

Clay fill materials were encountered in the entire profile at all boring locations. Existing fill materials

extended 30 to greater than 50 feet below existing grade. The fill consisted of silty clay, trace sand, trace

to little gravel materials and asphalt grindings. Also noted in the fill were some organics soils with organic

contents measured at 11.2 percent by weight.

The cohesive fills were variable in consistency, exhibiting moisture contents and dry unit weights typically

ranging from less than 5 to 27 percent and 70 to 138 pounds per cubic foot (pcf), respectively. Pocket

penetrometer readings (estimates of unconfined compressive strength) were also variable and ranged

from 0.25 to 4.5+ tons per square foot (tsf). Standard Penetration Test sample blow counts ranged from 2

to 34 blows per foot (bpf).

Granular soil stratum of firm to very dense sand and gravel and a silt stratum were found underlying the

fill materials in Borings B-2, B-3 and B-4. The native sand and gravel materials blow count ranged from

11 to 75 bfp. Additionally, beneath the dense sand and gravel in Boring B-4, very tough silty clay was

encountered to boring termination.



Free water was initially encountered at depths of 25 and 34 feet below existing grade in Borings B-2 and

B-3, respectively. These readings may be representative of trapped water in the fill (i.e., a perched

condition).

4.0 ANALYSIS AND RECOMMENDATIONS

4.1 Building Foundation

The fill materials on this site were not placed in a controlled manner. They are not considered suitable for

foundation support, also providing an unsatisfactory base for ground supported slab-on-grade

construction. Floor slabs constructed on the fill would be at risk for total and differential settlements

exceeding 1" and 1/2”, respectively.

Undercutting through the fill and replacement with compacted engineered fill for support of shallow spread

footings is not considered economical, given the fill depth and variability. Drilled piers (caissons) are not

considered suitable because expected difficulty in bearing upon the water bearing sands and silts

encountered beneath the fill soils. However, cased drilled piers extending through water bearing granular

soils beneath the fill could be feasible provided additional exploration is performed. Additionally, dynamic

compaction is not suited to the clay fill profile and has been ruled out as an applicable method.

Rammed aggregate piers or vibro-replacement stone columns as discussed are in our opinion a suitable

foundation solution. Vibro-replacement stone columns or rammed aggregate piers may be extended into

or through the fill to penetrate native sand and gravel materials. The native sand and gravel or silts were

typically present at 30 to 45 feet below existing in Borings B-2 through B-4.

Geopiers or stone columns are constructed by making 24 to 36-inch diameter holes into or through the fill

and low strength soils and backfilling them with thin lifts of compacted aggregate. Compaction densifies

the aggregate and increases the stiffness with increased lateral stress in the soil matrix. The resulting

foundation support system reduces settlements and increase bearing capacity by replacing the random fill

with a stiffer composite soil matrix. Conventional columns and wall footings and floors can then be

supported on the aggregate pier-reinforced fill materials.

As previously discussed, asphalt grindings were noted in the fill. Sampler blow counts ranging from 3 to

34 bpf were recorded at variable depths in the borings. These conditions are conducive to the installation

of the pier excavations.

Organic soil content encountered in the fill soils were found to be as high as 11 percent by weight.

Typically, shallow spread footings bearing on such soils are limited by 5 to 6 percent organic content and



roadway foundations by up to 10 percent. However, with vibro-replacement stone columns or rammed

aggregate piers a range of 10 to 15 percent is often acceptable. It is recommended that the selected

contractors be present for test pits to confirm a good understanding of the fill soils encountered.

Footings bearing on the aggregate pier-reinforced ground should ideally be able to be designed for a net

allowable bearing pressure of at least 3000 pounds per square foot (psf) while limiting settlements to 1" or

less. The floor slabs of the proposed building should also be supported on aggregate pier reinforced

ground with this alternative. Specialty contractors with experience in the design and installation of

aggregate piers should be consulted in regard to these matters. Hayward Baker and Geopier Foundation

Company and are two (2) firms that design and install aggregate pier systems and may be contacted for

cost estimates when providing them with a copy of this report.

It is recommended that the width of all continuous wall footings be made at least equal (although ideally

larger) than the width of the Geopier or stone column elements and isolated foundations at least 3.0 feet

square, regardless of calculated dimensions. For frost considerations, all exterior footings should be

constructed at least 3.5 feet below outside finished grade and 4.0 feet for foundations located outside of

heated building limits. Interior footings may be constructed at higher elevations as long as they are

protected against frost heave in the event of winter construction. All foundation walls should be

reinforced with a minimum two #5 rebars top and bottom.

An alternative to employing ground improvement technology is the use of mat foundations for support of

the structures. Deep fills are prone to excessive differential settlements. The structural continuity and

flexural strength of a mat can bridge such irregularities. Once final wall and column loading for the

structure is known a mat foundation could be designed using a maximum soil bearing pressure at the

base of the mat and a subgrade modulus.

4.2 Final Grading

All new fill should consist of approved granular materials or inorganic silty clays of low to medium

plasticity. The fill should be compacted for building pad areas to meet a minimum of 95 percent of

maximum dry density as determined by the Modified Proctor test (ASTM D 1557). It should be placed in

approximate 9-inch lifts loose measure for cohesive soils and up to 12 inches for granular materials, each

lift to be compacted to the specified density prior to the placement of additional fill.

All fill materials in the area of parking and slab-on-grade should be proof-rolled in order to detect the

presence of unsuitable or unstable soil types. The proof-roll should be performed using a loaded dump

truck or other approved piece of heavy construction equipment. All soft or unstable materials determined



by proof-rolling should be reworked, recompacted or if that does not substantially improve subgrade

stability, removed and replaced.

Moisture control is important in the compaction of most soil types, and it is recommended that the water

content of new fill be within 1 percentage point on the low side to 3 percentage points on the high side of

optimum moisture as established by its laboratory compaction curve. If the soil is compacted too dry, it

will have apparent stability which will be lost if it later becomes saturated. If the soil is too wet, the

Contractor will not be able to achieve proper compaction.

4.3 Groundwater Management

Groundwater problems are not anticipated for shallow excavations. However, the accumulation of run-off

water or seepage at the base of excavations may still be expected to occur during foundation construction

and site work. The Contractor should, therefore, be prepared to implement sump and pump dewatering

procedures.

5.0 CLOSURE

It is recommended that a full-time technician provide observation services during construction. Nelson

Testing can provide such services during foundation construction so that soils can be tested and

confirmed to meet project specifications. Additionally, the adequacy of any fill placement and compaction

should be observed and tested for compliance with recommended procedures and specifications.

The analysis and recommendations submitted in this report are based upon data obtained from four (4)

structural soil borings performed at the locations indicated on the Boring Location Plan in the Appendix.

This report does not reflect any variations which may occur between these borings, the nature and extent

of which may not become evident until during the course of construction. If variations are then identified,

Nelson Testing should be immediately consulted so that this report can be reviewed and re-evaluated

after performing on-site evaluations.



Please call if there are any questions or if we may be of further service.

Respectfully,

NELSON TESTING SERVICES

Scott R. Nelson Douglas C. Diefenthal

President Senior Geotechnical Register Professional Engineer

Illinois No. 062-037189

Boring Location Plann

B-1 B-2 B-3 B-4

SS1

SS2

SS3

SS4

SS5

SS6

SS7

SS8

SS9

SS10

22

89

56

94

100

89

89

89

0

2-3-7(10)

3-5-7(12)

5-7-10(17)

3-5-9(14)

2-4-8(12)

2-7-5(12)

8-8-6(14)

4-10-9(19)

6-8-9(17)

6-10-17(27)

104

119

123

133

111

105

111

105

103

17

12

13

7

17

22

22

24

24

ASPHALT GRINDINGSFILL - Blackish gray silty CLAY trace sand, trace gravel, trace asphalt grindings

No Recovery

FILL - Blackish gray silty CLAY trace sand, trace gravel, traceasphalt grindings

* Approximate unconfined compressive strength based onmeasurements with a calibrated pocket penetrometer.

Bottom of borehole at 50.0 feet.

2.0*

4.5+*

4.5*

2.5*

4.5*

1.25*

1.25*

0.75*

1.25*

NOTES

GROUND ELEVATION

LOGGED BY Kyle Chick

DRILLING METHOD Hollow Stem Auger 2"

DRILLING CONTRACTOR GROUND WATER LEVELS:

CHECKED BY Dan Nelson

DATE STARTED 12/17/18 COMPLETED 12/17/18

AT TIME OF DRILLING ---

AT END OF DRILLING ---

AFTER DRILLING ---

HOLE SIZE inches

SA

MP

LE

TY

PE

NU

MB

ER

RE

CO

VE

RY

%(R

QD

)

BL

OW

CO

UN

TS

(N V

AL

UE

)

DR

Y U

NIT

WT

.(p

cf)

MO

IST

UR

EC

ON

TE

NT

(%

)

PL

AS

TIC

LIM

IT

FIN

ES

CO

NT

EN

T(%

)

GR

AP

HIC

LO

G

DE

PT

H(f

t)

0

10

20

30

40

50

MATERIAL DESCRIPTION

PO

CK

ET

PE

N.

(tsf

)

PL

AS

TIC

ITY

IND

EX

PL

AS

TIC

LIM

IT

LIQ

UID

LIM

IT

ATTERBERG

LIQ

UID

LIM

IT

PAGE 1 OF 1BORING NUMBER B-1

CLIENT Palumbo

PROJECT NUMBER 23.R000145.00001

PROJECT NAME Terra Business Park - Lot 4

PROJECT LOCATION East Dundee, IL

GE

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SS1

SS2

SS3

SS4

SS5

SS6

SS7

SS8

SS9

SS10

2-2-4(6)

2-3-9(12)

2-18-17(35)

4-2-1(3)

1-2-4(6)

3-3-14(17)

6-2-2(4)

2-4-7(11)

4-8-16(24)

8-12-17(29)

138

100

131

112

123

114

116

115

128

13

24

5

18

23

22

22

18

21

13

ASPHALT GRINDINGSFILL - Blackish brown silty CLAY trace sand, trace gravel, traceasphalt grindings, moist

(ML) Firm reddish brown SILT with little sand, damp



1.0*

3.0*

1.25*

0.25*

0.5*

0.25*

1.25*

1.5*

3.5*

NOTES

GROUND ELEVATION






AT TIME OF DRILLING 25.00 ft


AFTER DRILLING ---

HOLE SIZE inches

SA

MP

LE

TY

PE

NU

MB

ER

RE

CO

VE

RY

%(R

QD

)

BL

OW

CO

UN

TS

(N V

AL

UE

)

DR

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WT

.(p

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MO

IST

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EC

ON

TE

NT

(%

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PL

AS

TIC

LIM

IT

FIN

ES

CO

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EN

T(%

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GR

AP

HIC

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PT

H(f

t)

0

10

20

30

40

50


PO

CK

ET

PE

N.

(tsf

)

PL

AS

TIC

ITY

IND

EX

PL

AS

TIC

LIM

IT

LIQ

UID

LIM

IT

ATTERBERG

LIQ

UID

LIM

IT


CLIENT Palumbo




GE

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LUM

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SS1

SS2

SS3

SS4

SS5

SS6

SS7

SS8

100

67

100

100

89

100

22

6-6-8(14)

2-2-3(5)

6-2-16(18)

6-8-26(34)

6-8-12(20)

3-5-6(11)

7-6-5(11)

16-27-48(75)

119

92

110

114

109

116

15

27

18

15

20

22

13

11

ASPHALT GRINDINGSFill - Brown silty CLAY trace sand, trace gravel, trace asphaltgrindings, moist

(GP) Firm gray SAND and GRAVEL, wet

(GP) Very dense tan SAND and GRAVEL, wet



2.0*

1.5*

0.75*

1.25*

2.75*

1.75*

NOTES

GROUND ELEVATION






AT TIME OF DRILLING 34.00 ft


AFTER DRILLING ---

HOLE SIZE inches

SA

MP

LE

TY

PE

NU

MB

ER

RE

CO

VE

RY

%(R

QD

)

BL

OW

CO

UN

TS

(N V

AL

UE

)

DR

Y U

NIT

WT

.(p

cf)

MO

IST

UR

EC

ON

TE

NT

(%

)

PL

AS

TIC

LIM

IT

FIN

ES

CO

NT

EN

T(%

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GR

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HIC

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G

DE

PT

H(f

t)

0

5

10

15

20

25

30

35

40


PO

CK

ET

PE

N.

(tsf

)

PL

AS

TIC

ITY

IND

EX

PL

AS

TIC

LIM

IT

LIQ

UID

LIM

IT

ATTERBERG

LIQ

UID

LIM

IT


CLIENT Palumbo




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SS1

SS2

SS3

SS4

SS5

SS6

SS7

SS8

SS9

SS10

SS11

3-8-8(16)

9-10-10(20)

6-11-12(23)

2-3-3(6)

2-3-3(6)

2-1-1(2)

1-2-2(4)

4-5-5(10)

5-12-33(45)

5-11-12(23)

6-9-13(22)

134

105

70

120

109

103

102

129

124

10

9

23

21

16

18

20

25

12

13

11

ASPHALT GRINDINGSFILL - Brownish black silty CLAY trace sand, trace gravel, trace asphalt grindings, moist

(GP) Dense tan SAND and GRAVEL, wet

(CL) Very tough brownish gray silty CLAY trace sand, trace gravel with silt seam



2.5*

3.5*

3.0*

2.0*

1.5*

0.5*

3.25*

2.5*

2.5*

2.75*

NOTES

GROUND ELEVATION






AT TIME OF DRILLING ---


AFTER DRILLING ---

HOLE SIZE inches

SA

MP

LE

TY

PE

NU

MB

ER

RE

CO

VE

RY

%(R

QD

)

BL

OW

CO

UN

TS

(N V

AL

UE

)

DR

Y U

NIT

WT

.(p

cf)

MO

IST

UR

EC

ON

TE

NT

(%

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AS

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IT

FIN

ES

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EN

T(%

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HIC

LO

G

DE

PT

H(f

t)

0

10

20

30

40

50

60


PO

CK

ET

PE

N.

(tsf

)

PL

AS

TIC

ITY

IND

EX

PL

AS

TIC

LIM

IT

LIQ

UID

LIM

IT

ATTERBERG

LIQ

UID

LIM

IT


CLIENT Palumbo




GE

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0

10

20

30

40

50

60

0 10 20 30 40 50 60 70 80 90 100

Pla

stic

ity

Ind

ex (

PI)

Liquid Limit (LL)

ML - CLML or OL

MH or OH

74

Unified Classification Chart

CRITERIA FOR ASSIGNING GROUP SYMBOLS AND

GROUP NAMES USING LABORATORY TEST º

SOIL CLASSIFICATION

Group Symbol

GROUP NAME b

CO

AR

SE

- G

RA

INE

D S

OIL

S

mo

re t

ha

n 5

0%

re

tain

ed

on

No.

20

0

sie

ve

GRAVELS

More than 50% of coarse fraction

retained on No. 4 sieve

CLEAN GRAVELS less than 5% fines C

Cu ≥ 4 and 1 ≤ CC ≤ 3 e GW Well-graded gravel f

Cu < 4 and/or 1 > CC > 3 e GP Poorly-graded gravel f

GRAVELS WITH FINES more than 12% fines C

Fines classify as ML or MH GM Silty gravel f, g, h

Fines classify as CL or CH GC Clayey gravel f, g, h

SANDS

50% or more of coarse fraction passes No. 4

sieve

CLEAN SANDS less than 5% fines d

Cu ≥ 6 and 1 ≤ CC ≤ 3 e SW Well-graded sand l

Cu < 6 and/or 1 > CC > 3 e SP Poorly-graded sand l

SANDS WITH FINES more than 12% fines d

Fines classify as ML or MH SM Silty sand g, h, f

Fines classify as CL or CH SC Clayey sand g, h, f

FIN

E -

GR

AIN

ED

SO

ILS

50

% o

r m

ore

pa

ssed

th

e N

o.

20

0 s

ieve

SILTS & CLAYS

Liquid limit less than 50%

Inorganic

PI > 7 or plots on or above “A” line j CL Lean clay k, l, m

PI < 4 or plots below “A” line j ML Silt k, l, m

Organic Liquid limit – oven dried < 0.75

Liquid limit – not dried

OL Organic clay k, l, m, n

Organic silt k, l, m, o

SILTS & CLAYS

Liquid limit 50% or more

Inorganic

PI plots on or above “A” line CH Fat clay k, l, m

PI plots below “A” line MH Elastic silt k, l, m

Organic Liquid limit – oven dried < 0.75

Liquid limit – not dried

OH Organic clay k, l, m, p

Organic silt k, l, m, q

Highly organic soils Primarily organic matter, dark in color, and organic odor PT Peat

a. Based on the material passing the 3-inch (75-mm) sieve. b. If field sample contained cobbles and/or boulders, add “with cobbles

and/or boulders” to group name c. Gravels with 5 to 12% fines required dual symbols

GW-GM well graded gravel with silt GW-GC well graded gravel with clay GP-GM poorly graded gravel with silt GP-GC poorly graded gravel with clay

d. Sands with 5 to 12% fines require dual symbolsSW-SM well graded sand with silt SW-SC well graded sand with clay SP-SM poorly graded sand with silt SP-SC poorly graded sand with clay

e. Cu = D60/D10C

C =(𝐷30)

2

𝐷10 X 𝐷60

f. If soils contains ≥ 15% sand, add “with sand” to group name.g. If fines classify as CL-ML, use dual symbol GC-GM, SC-SMh. If fines are organic, add “with organic fines” to group namei. If soils contains ≥ 15% gravel, add “with gravel” to group namej. If Atterberg Limits plot in hatched area, soil is a CL – ML, silty clay k. If soils contains 15 to 29% plus No. 200, add “with sand” or “with gravel”

whichever is predominant l. If soil contains ≥ 30% plus No. 200, predominantly sand, add “sandy” to

group name. m. If soils contains ≥ 30% plus No. 200, predominantly gravel, add

“gravelly” to group name n. PI ≥ 4 and plots on or above “A” lineo. PI ≥ 4 and plots below “A” linep. PI plots on or above “A” lineq. PI plots below “A” li

LEGEND FOR BORING LOGS

FILL TOPSOIL PEAT GRAVEL SAND SILT CLAY DOLOMITE

SAMPLE TYPE WATER LEVELS:

SS = Split Spoon While Drilling

ST = Thin-Walled Tube End of Boring

A = Auger 24 Hours

MC = Macro-Core (Geo Probe)

FIELD AND LABORATORY TEST DATA

N = Standard Penetration Resistance in Blows per Foot

WC = In-Situ Water Content

Qu = Unconfined Compressive Strength in Tons per Square Foot

* Pocket Penetrometer Measurement: Maximum Reading = 4.5 tsf

γDRY = Dry Unit Weight in Pounds per Cubic Foot

SOIL DESCRIPTION

MATERIAL PARTICLE SIZE RANGE

BOULDER Over 12 inches

COBBLE 12 inches to 3 inches

Coarse GRAVEL 3 inches to 34 inch

Small GRAVEL 34 inch to No. 4 Sieve

Coarse SAND No. 4 Sieve to No. 10 Sieve

Medium SAND No. 10 Sieve to No. 40 Sieve

Fine SAND No. 40 Sieve to No. 200 Sieve

SILT and CLAY Passing No. 200 Sieve

COHESIVE SOILS COHESIONLESS SOILS

CONSISTENCY Qu (tsf) RELATIVE DENSITY N (bpf)

Very Soft Less than 0.3 Very Loose 0 - 4

Soft 0.3 to 0.6 Loose 4 - 10

Stiff 0.6 to 1.0 Firm 10 - 30

Tough 1.0 to 2.0 Dense 30 - 50

Very Tough 2.0 to 4.0 Very Dense 50 and over

Hard 4.0 and over

MODIFYING TERM PERCENT BY WEIGHT

Trace 1 - 10

Little 10 - 20

Some 20 - 35

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NELSON TESTING SERVICES

GENERAL TERMS AND CONDITIONS

1. Relationship with Client: Nelson Testing Services shall serve as Client's consulting field and laboratory services in those phases of the Project to which this Agreement applies. This relationship is that of a buyer and seller of professional services and as such the Nelson Testing Services is an independent contractor in the performance of this Agreement and it is understood that the parties have not entered into any joint venture or partnership with the other. The Nelson Testing Services shall not be considered to be the agent of the Client. Nothing contained in this Agreement shall create a contractual relationship with a cause of action in favor of a third party against either the Client or Nelson Testing Services.

Furthermore, causes of action between the parties to this Agreement pertaining to acts of failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of substantial completion.

2. Responsibility of Nelson Testing Services: Nelson Testing Services to

perform services under this Agreement in accordance with generally accepted and currently recognized consulting practices and principles, and in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. Nelson Testing Services to perform services according to the appropriate ASTM or AASHTO standards.

Nelson Testing Services shall not have control or be in charge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, or the safety, safety precautions or programs of the Client, the construction contractor, other contractors or subcontractors performing any of the work or providing any of the services on the Project. Nelson Testing Services shall not be responsible for the acts or omissions of the Client, or for the failure of the Client, any architect, engineer, consultant, contractor or subcontractor to carry out their respective responsibilities in accordance with the Project documents, this Agreement or any other agreement concerning the Project. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this condition is expressly amended for the purposes described in such amendment and is signed by the Nelson Testing Services.

3. Changes: Client reserves the right by written change order or

amendment to make changes in the scope of work. Nelson Testing Services and Client shall negotiate appropriate adjustments acceptable to both parties to accommodate any changes, if commercially possible.

4. Suspension of Services: Client may, at any time, by written order to

Nelson Testing Services (Suspension of Services Order) require Nelson Testing Services to stop all, or any part, of the services required by this Agreement. Upon receipt of such an order, Nelson Testing Services shall immediately comply with its terms and take all reasonable steps to minimize the costs associated with the services affected by such order. Client, however, shall pay all costs incurred by the suspension, including all costs necessary to maintain continuity and for the resumptions of the services upon expiration of the Suspension of Services Order. Nelson Testing Services will not be obligated to provide the same personnel employed prior to suspension, when the services are resumed, in the event that the period of suspension is greater than thirty (30) days.

5. Termination: This Agreement may be terminated by either party upon

seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. This Agreement may be terminated by Client, under the same terms, whenever Client shall determine that termination is in its best interests. Cost of termination, including salaries, overhead and fee, incurred by Nelson Testing Services either before or after the termination date shall be reimbursed by Client.

6. Documents Delivered to Client: Reports, boring logs, maps, field data,

field note, laboratory test data and any other Project Documents prepared by Nelson Testing Services in connection with any or all of the services furnished hereunder shall be delivered to the Client for the use

of the Client. Nelson Testing Services shall have the right to retain originals of all Project Documents and drawings for its files. Furthermore, it is understood and agreed that the Project Documents such as, but not limited to reports, boring logs, and test data prepared for the Project are intended for one-time use in the construction of this Project. These Project Documents are and shall remain the property of Nelson Testing Services.

7. Compliance with Laws: Nelson Testing Services will strive to exercise

usual and customary professional care in his/her efforts to comply with those laws, codes, ordinance and regulations which are in effect as of the date of this Agreement.

8. Indemnification: Nelson Testing Services shall indemnify and hold

harmless Client up to the amount of this contract fee (for services) from loss or expense, including reasonable attorney's fees for claims for personal injury (including death) or property damage to the extent caused by the sole negligent act, error or omission of Nelson Testing Services.

Client shall indemnify and hold harmless Nelson Testing Services under this Agreement, from loss or expense, including reasonable attorney's fees, for claims for personal injuries (including death) or property damage arising out of the sole negligent act, error or omission of Client.

In the event of joint or concurrent negligence of Nelson Testing Services and Client, each shall bear that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence (including that of third parties) which caused the personal injury or property damage. Nelson Testing Services shall not be liable for special, incidental or consequential damages, including, but not limited to loss of profits, revenue, use of capital, claims of customers, cost of purchased or replacement power, or for any other loss of any nature, whether based on contract, tort, negligence, strict liability or otherwise, by reasons of the services rendered under this Agreement.

9. Governing Law & Dispute Resolutions: This Agreement shall be

governed by and construed in accordance with Articles previously set

forth by (Item 7) this Agreement, together with the laws of the State of

Illinois.

Any claim, dispute or other matter in question arising out of or related to this Agreement, which can not be mutually resolved by the parties of this Agreement, shall be subject to mediation as a condition precedent to arbitration (if arbitration is agreed upon by the parties of this Agreement) or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of services, Nelson Testing Services may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration.

The Client and Nelson Testing Services shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Requests for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.

The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.

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of contract. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

19. Information Provided by Others: Nelson Testing Services shall indicateto the Client the information needed for rendering of the services of thisAgreement. The Client shall provide to the Nelson Testing Servicessuch information as is available to the Client and the Client's consultantsand contractors, and Nelson Testing Services shall be entitled to relyupon the accuracy and completeness thereof. The Client recognizesthat it is impossible for the Engineer to assure the accuracy,completeness and sufficiency of such information, either because it isimpossible to verify, or because of errors or omissions which may haveoccurred in assembling the information the Client is providing.Accordingly, the Client agrees, to the fullest extent permitted by law, toindemnify and hold the Nelson Testing Services and Nelson TestingServices’ subconsultants harmless from any claim, liability or cost(including reasonable attorneys' fees and cost of defense) for injury orloss arising or allegedly arising from errors, omissions or inaccuracies indocuments or other information provided by the Client to the Engineer.

20. Payment: Client shall be invoiced once each month for work performedduring the preceding period. Client agrees to pay each invoice withinthirty (30) days of its receipt. The client further agrees to pay interest onall amounts invoiced and not paid or objected to for valid cause withinsaid thirty (30) day period at the rate of eighteen (18) percent per annum(or the maximum interest rate permitted under applicable law, whicheveris the lesser) until paid. Client further agrees to pay Engineer's cost ofcollection of all amounts due and unpaid after sixty (60) days, includingcourt costs and reasonable attorney's fees, as well as costs attributed tosuspension of services accordingly and as follows:

Collection Costs. In the event legal action is necessary to enforce the payment provisions of this Agreement, Nelson Testing Services shall be entitled to collect from the Client any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by Nelson Testing Services in connection therewith and, in addition, the reasonable value of the Nelson Testing Services’ time and expenses spent in connection with such collection action, computed at the Nelson Testing Services’ prevailing fee schedule and expense policies.

10. Waiver of Contract Breach: The waiver of one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited to the particular instance, shall not operate or be deemed to waive any future breaches of this Agreement and shall not be construed to be a waiver of any provision, except for the particular instance.

11. Entire Understanding of Agreement: This Agreement represents and incorporates the entire understanding of the parties hereto, and each party acknowledges that there are no warranties, representations, covenants or understandings of any kind, matter or description whatsoever, made by either party to the other except as expressly set forth herein. Client and Nelson Testing Services hereby agree that any purchase orders, invoices, confirmations, acknowledgments or other similar documents executed or delivered with respect to the subject matter hereof that conflict with the terms of the Agreement shall be null, void and without effect to the extent they conflict with the terms of this Agreement.

12. Amendment: This Agreement shall not be subject to amendment unless another instrument is duly executed by duly authorized representatives of each of the parties and entitled "Amendment of Agreement".

13. Severability of Invalid Provisions: If any provision of the Agreement shall be held to contravene or to be invalid under the laws of any particular state, county or jurisdiction where used, such contravention shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provisions held to be invalid in the particular state, country or jurisdiction and the rights or obligations of the parties hereto shall be construed and enforced accordingly.

14. Force Majeure: Neither Client nor Nelson Testing Services shall be liable for any fault or delay caused by any contingency beyond their control including but not limited to acts of God, wars, strikes, walkouts, fires, natural calamities, or demands or requirements of governmental agencies.

15. Access to Site: Client shall arrange for Nelson Testing Services to enter upon public and private property and obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the Project. Nelson Testing Services shall take precautions to minimize damage, but Nelson Testing Services has not included the cost of restoration of damage to site. The Client is to advise Nelson Testing Services of any known utility lines or underground structures at any site which Nelson Testing Services shall be performing services. Nelson Testing Services’ responsibility with concerning underground utilities is to contact the Illinois Joint Utility Location Information for Excavators for the location of public, but not private utilities.

16. Hazardous Material: Nelson Testing Services shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials/pollutants in any form at the Project site. Nelson Testing Services shall notify Client regarding discovery of hazardous waste.

17. Designation of Authorized Representative: Each party (to this Agreement) shall designate one or more persons to act with authority in its behalf in respect to appropriate aspects of the Project. The persons designated shall review and respond promptly to all communications received from the other party.

18. Limit of Liability: The Client and the Nelson Testing Services have discussed the risks, rewards, and benefits of the project and Nelson Testing Services’ total fee for services. In recognition of the relative risks and benefits of the Project to both the Client and Nelson Testing Services, the risks have been allocated such that the Client agrees that to the fullest extent permitted by law, Nelson Testing Services’ total aggregate liability to the Client for any and all injuries, claims, costs, losses, expenses, damages of any nature whatsoever or claim expenses arising out of this Agreement from any cause or causes, including attorney's fees and costs, and expert witness fees and costs, shall not exceed the total of Nelson Testing Services' fee for consulting field and laboratory services rendered on this project as made part of this Agreement. Such causes included but are not limited to Nelson Testing Services’ negligence, errors, omissions, strict liability or breach

Suspension of Services. If the Client fails to make payments when due or otherwise is in breach of this Agreement, Nelson Testing Services may suspend performance of services upon five (5) calendar days' notice to the Client. Nelson Testing Services shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. Client will reimburse Nelson Testing Services for all associated costs as previously set forth in this Agreement.

21. When construction observation tasks are part of the service to beperformed by Nelson Testing Services under this Agreement, the Clientwill include the following clause in the construction contract documentsand Client agrees not to modify or delete it:

Kotecki Waiver. Contractor (and any subcontractor into whose subcontract this clause is incorporated) agrees to assume the entire liability for all personal injury claims suffered by its own employees, including without limitation

claims under the Illinois Structural Work Act, asserted by persons allegedly injured on the Project; waives any limitation of liability defense based upon the Worker's Compensation Act, court interpretations of said Act or otherwise; and to the fullest extent permitted by law, agrees to indemnify and hold harmless and defend Owner and Engineer and their agents, employees and consultants (the "Indemnitees") from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, that the Indemnitees may sustain

as a result of such claims, except to the extent that Illinois law prohibits indemnity for the Indemnitees' own negligence. “The Owner and Engineer are designated and recognized as explicit third-party beneficiaries of the Kotecki Waiver within the general contract and all subcontracts entered into in furtherance of the general contract.”