Concrete Slab Inspection and Core Cut SamplesVILLAGE OF OAK BROOK
PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT is dated as of the _J/ day of /Nit, 2016("Agreement"), and is by and between the VILLAGE OF
OAK BROOK, an Illinois municipal corporation ("I"rlinge"). and STRUCTURAL TE 11NOL.OGIC:S INCORPORATED 103
FESSLER DRIVE, RL.00MINGDAI.B, IL.LINO/S d0l(8("Cnnsnlraw").
IN CONSIDERATION OF the recitals and (tic mutual covenants and agreements set forth in the Agreement, and pursuant to the
Village`s statutory powers, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. The Village
retains the Consultant to perforin, and the Consultant agrees to
perform, all necessary services to perform the work in
connection with the project identified below (`Services"),
which Services the Consultant shall provide pursuant to the
teens and conditions of this Agreement:
Concrete Slab Inspection and Core Cut Samples (2) as more
fully described in the attached proposal submitted by
Structural Technologies Incorporated dated March 10, 2016.
SECTION 2. TIME OF PERFORMANCE, The
Consultant shall perforin the Services at a time mutually
agreed upon by the Village and Consultant. ("Time of
Performance').
SEC:TION3, COMPF,NSATION.
A. Agreement Amount. The total amount
billed by the Consultant for the Services under this Agreement
shall not exceed $4,450.00, including reimbursable expenses,
without the prior express written authorization of the Village
Manager, Payment shall be made upon completion of the
work and final acceptance by the Village.
B. 'faxes, Benefits, and Royalties, Each
payment by the Village to the Consultant includes all
applicable federal, state, and Village taxes of every kind and
nature applicable to the Services as well as all taxes,
contributions, and premiums for unemployment insurance, old
age or retirement benefits, pensions, annuities, or similar
benefits and all costs. royalties, and fees arising from the use
of, or the incorporation into, the Services, of patented or
copyrighted equipment, materials, supplies, tools, appliances,
devices, processes, or inventions. All claim or right to claim
additional compensation by reason of the payment of any such
tax, contribution, premium, costs, royalties. or fees is hereby
waived and released by Consultant.
SECTION 4. REPRESENTATIONS OF
CONSULTANT. The Consultant represents and certifies that
the Services shall be performed in accordance with the
standards of professional practice, care.. and diligence
practiced by recognized consultants in performing services of
a similar nature in existence at the "tine of Performance. `fire
representations and certifications expressed shall be in
addition to tiny other, representations and certifications
expressed in this Agreement, or expressed or implied by law.
which are herehv reserved unto the Village,
The Consultant further represents that it is financially solvent,
has the necessary financial resources, and is sufficiently
experienced and competent to perform and complete the
Services in a manner consistent with the standards of
professional practice by recognized consultants providing
services of a similar nature. Philip J. Malian, shall be primarily
responsible for carrying out the Services on behalf of the
Consultant ("Kcj, Project Personnel'). The Key project
Personnel shall not be changed without the Village's prior
written approval. The Consultant shall provide all personnel
necessary to complete the Services. The Consultant shall
provide all personnel necessary to complete the Services.
SECTION S. INDEMNIFICATION; INSURANCE;
LIABILITY.
A. Indemnification. The Consultant proposes
and agrees that the Consultant shall indemnify and save
harmless the Village, its officers, officials. employees and
volunteers, against all damages, liability, claims, losses, and
expenses (including anomeys' fee) that may arise, or be
alleged to have arisem, out of or in connection with the
Consultant's performance of; or failure to perform, the
Services or any part thereof, or any failure to meet the
representations and cenifications set forth in Section 4 of this
Agreement,
B. Insurance. The Consultant acknowledges
and agrees that the Consultant shall, and has a duty to,
maintain adequate insurance, in an amount, and in a form and
front companies, acceptable to the Village. The Consultant's
maintenance of adequate insurance shall not be construed in
any way as a limitation on the Consultant's liability for losses
or damages under this .Agreement.
C. No Personal Liability. No elected or
appointed official, or employee of the Village shall be
personally liable, in law or in contract, to the Consultant as the
result of the execution of this Agreement.
SECTION G GENERAL PROVISIONS.
A. Relationship of the Parties. The
Consultant shall act as an independent contractor in providing-
and
rovidingand performing the Services. Nothing in, nor done pursuant
to. this Agrcernem shall be construed to. (1) create the
relationship of principal and agent, employer and employee.
partners, or john venturers between the Village and
Consultant: or (2) to create any relationship between the
Village and any subcontractor of the Contractor
B, Conflicts of Interest. '1910 Consultant
represents and certifies that, to the best of its knowledge: (l)
no Village employee or agent is interested in the business of
the Consultant or this Agrecntem; (2) as of' the date of this
Agreement, neither the Consultant nor any person employed
or associated with the Consultant has any interest (fiat would
conflict in any manner or degree with the performance of the
obligations under this Agreement; and (3) neither the
Consultant nor any person employed by or associated with the
Consultant shall at any time during the term of this Agreement
obtain or acquire any interest that would conflict in any
manner or degree with the performance of the obligations
under this Agreement
C. No Collusion, The Consultant represents
and certifies that the Consultant is not barred from contracting
with a unit of state or local government as a result of (1) a
delinquency in the payment of any tax administered by the
Illinois Department of Revenue unless the Consultant is
contesting, in accordance with the procedures established by
the appropriate revenue act, its liability for the tax or the
amount of the tax, as set forth in Section 11-42.1-1 ei seq of
the Illinois Municipal Code, 65 1LCS 5111.42.1-1 et seq.; or
(2) a violation of either Section 33E-3 or Section 33E4 of
Article 331:; of the Criminal Code of 1961, 720 ILC'S 9/336-I
et .req if at any lime it shall be found that the Consultant
has, in procuring this Agreement, colluded with any other
person, firm, or corporation, then the Consultant shall be liable
to the Village finall loss or damage that the Village may
suffer, and this Agreement shall, at the Village's option, be
null and void.
D. 'termination, Notwithstanding any other
provision hereof. the Village may terminate this Agreement at
any time upon 15 days prior written notice to the Consultant.
In the event that this Agreement is so terminated, the
Consultant shall be paid for Services actually performed and
reimbursable expenses actually incurred, if any, prior to
termination, riot exceeding the value of the Services
completed.
E. Compliance with Laws and Grants.
Consultant shall give all notices, pay all fees, and take all
other action that may be necessary to ensure that the Services
are provided, performed, and completed in accordance with all
required governmental permits, licenses, or other approvals
and authoriniions that may be required in connection with
providing, performing, and completing the Services. and with
all applicable statutes, ordinances, rules, and regulations.
including without limitation the Pair Labor Standards Ad; any
statutes regarding qualification to do business; any statutes
prohibiting discrintinmion because oC or requiring affirmative
action based on, race, creed. color, national origin, age, scx. or
other prohibited classification, including without limitation,
the Americans with Disabilities Act of 1990, 42 U.S.C. §§
12101 er seq, and the Illinois Human Rights Act, 775 ILCS
5il-101 ri seq. Consultant shall also comply will) all
conditions of any federal, state, or local grant received by the
Village or Consultant with respect to this Contract or the
Services. Consultant shall be solely liable for any fines or
civil penalties that are imposed by any governmental or quasi -
governmental agency or body that may arise, or be alleged to
have arisen. out of or in connection with Conzultanfs, or its
subcontractors, perfornrance of, in failure to perform, the
Services or any pari thereof. Every provision of law required
by law to be inscrled into this Contract shall be deemed to be
inserted herein. -
I'. Default. Wit shouhl appear at ally time that
the Consultant has failed or refused to prosecute, or has
delayed in the prosecution of, the Services will diligence at a
rate that assures completion of the Services in full compliance
with the requirements of this Agreement, or has otherwise
failed, refused, or delayed to perform or satisfy the Services or
any o0ter requirement of this Agreement ("Even of
Default"), and fails to cure any such Event of Default within
ten business days after the C:onsiltant's receipt of written
notice of such Event of Default from the Village, then the
Village shall have the right, without prejudice to any other
remedies provided by law or equity, to (1) terminate this
Agreement without liability for further payment; or (2)
withhold from any payment or recover from the Consultant,
any and all costs, including attorneys' fees and administrative
expenses, incurred by the Village as the result of any Event of'
Default by the Consultant or as a result of actions taken by the
Village in response to any Event of Default by the Consultant.
G. Assignment, This Agreement may not be
assigned by the Village or by the C'onsuliant without the prior
written consent of the other party.
H. Notice, All notices required or permitted to
be given under this Agreement shall be in writing and shall be
delivered: (1) personal]); (2) by a reputable overnight courier;
or by (3) by certified mail, return receipt requested, and
deposited in the U.S. Mail, postage prepaid. Unless otherwise
expressly provided in this Agreement, notices shall be deemed
received upon the earlier of: (a) actual receipt; (b) one
business day after deposit scith all overnight courier as
evidenced by a receipt of deposit; or (e) three business days
following deposit in the 11.5. mail, as evidenced by a return
receipt. Notices and communications to the Village shall be
addressed to, and delivered at, the following address:
Village of Oak Brook
12t10 Oak Brook Road
Oak Brook, Illinois 60523
Attention: Doug PiRIChill, Public Works
Director
Notices and communications to the Consultant shall be
addressed to, and delivered at, the following address:
Structural Technologies Incorporated
103 Pessler Drive
Bloomingdale, Illinois 60108
Attention: Philip J. Mahan. RRO. RCI
1. 'niver. Neither the Village nor the
Consultant shall be under any obligation to exercise any of the
rights granted to them in this Agreement except as it shall
determine to be in its best interest from time to time. The
failure of the Village or the Consultant to exercise at any time
any such rights shall not be deemed or construed as a waiver
of that right, nor shall the failure void or affect the Village's or
the Consultant's right to enforce such rights or any other
rights.
.I. Third Party Beneficiary, No claim as a third party
beneficiary under this Agreement by any person, firm, or
corporation shall be made or be valid against the Village.
A'FfFS,6AA&wM-1 �–M
By: w_T
Charlotte Pruss, Village
FM
By: _WW
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Tit
K. Governing taw; Venue. This Agreement shall be
governed by, construed and enforced in accordance with the
internal laws, but not the conflicts of latus rules, of the State of
Illinois. Venue for any action arising oat of this Agreement
shall be in the Circuit Court for DuPage County, Illinois.
1.1. Exhibits. If any conflict exists between this
Agreement and any exhibit attached hereto, the terms of this
Agreement shall prevail.
t'lJ.t. 3=�> L- •�
B �. –
Riccardo F. Ginex, Village Manager
I
By: y
Its: _f �J–f-- -----
ATTACHMENT A
PROPOSAL DATED MARCH 10, 2016
PROPERTY EVALUATION, RESTORATION AND PRESERVATION - CONSULTING SERVICES & CONSTRUCTION MANAGEMENT
March 10, 2016
Village of Oak Brook
Arm. Mr. Doug Patchin
1200 Oak Brook Road
Oak Brook, IT, 60523
Re: Consulting Services — Concrete Slab Inspection & Core Cut Project
Attn.: Mr. Doug Patchin,
Thank you for the opportunity to submit a quotation for services associated with the inspection and analysis of the existing
concrete walkway / concrete slab at the Oak Brook Village Hall - Village of Oak Brook. Inspection / investigation services
proposed in this Quotation are to be provided to assess underlying conditions of concrete slab, waterproofing membrane,
coating, embedded rebar and structural elements.
This quotation for services is based on the project requirements, scope of work and extent of analysis required to provide you
with accurate information regarding the existing condition of the concrete decking and interface with exterior wall
components at the property. Core sampling of the concrete surface will be provided by a Licensed Contractor. The
Contractor will provide personnel, equipment and materials for the purpose of performing this inspection in conjunction
with the contracted work. Invasive core sampling of the concrete deck at various locations to examine structural steel
reinforcement, waterproofing systems, etc, will be performed in accordance with published procedures and methods, the
contractor will restore core locations to watertight condition upon completing the examination.
SCHEDULE OF CONSULTING FEES
Project Location: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Scope of Services: Concrete Walkway Inspection & Core Cut
ITEM I • Detailed Analysis of Existing Concrete Slab Conditions
Includes the followi=
Hands-on and on-site inspection and analysis of existing concrete slab conditions, exterior sealants or
coatings (applied over the concrete), surrounding masonry walls and parapet walls, window frame,
guardrail and components adjacent to the designated concrete plaza deck area. Existing conditions and
construction will be noted including all deficiencies,
Location of areas of deterioration, resonance sounding and flat steel probe through joints and/or cracks,
etc. to determine structural integrity, inspection of any / all waterproof membrane, inspection of existing
caulMng sealants and general analysis as required to determine structural integrity.
Measurement of any deflection or detachment of the concrete from the load bearing backup wall structure.
Inspection of the concrete walkway areas will include an estimation of the total area or quantity of
required replacement, and any masonry replacement mortar replacement and wall reconstruction.
Examination of the concrete slab / walkway areas of the structure will include performing invasive core
samples / demolition of selected areas. These inspection openings will be perforated to verify the
underlying condition of the structural slab, design and integrity of the concrete and attachment of the
walkway to the structural wall.
CONTRACT DOCUMENT - CONCRETE SLAB INSPECTION & CORE CUT Page 1
PESSIER DRIVE
HLOOMINGDALE, IL 60108
A\TRUC,j,105
CI3NOLOGIES
PHONE:(630)361-8200
FAX: (630) 361-9133
NCORP�RATED
E-MAIL: structecinc@sboglobal.net
PROPERTY EVALUATION, RESTORATION AND PRESERVATION - CONSULTING SERVICES & CONSTRUCTION MANAGEMENT
March 10, 2016
Village of Oak Brook
Arm. Mr. Doug Patchin
1200 Oak Brook Road
Oak Brook, IT, 60523
Re: Consulting Services — Concrete Slab Inspection & Core Cut Project
Attn.: Mr. Doug Patchin,
Thank you for the opportunity to submit a quotation for services associated with the inspection and analysis of the existing
concrete walkway / concrete slab at the Oak Brook Village Hall - Village of Oak Brook. Inspection / investigation services
proposed in this Quotation are to be provided to assess underlying conditions of concrete slab, waterproofing membrane,
coating, embedded rebar and structural elements.
This quotation for services is based on the project requirements, scope of work and extent of analysis required to provide you
with accurate information regarding the existing condition of the concrete decking and interface with exterior wall
components at the property. Core sampling of the concrete surface will be provided by a Licensed Contractor. The
Contractor will provide personnel, equipment and materials for the purpose of performing this inspection in conjunction
with the contracted work. Invasive core sampling of the concrete deck at various locations to examine structural steel
reinforcement, waterproofing systems, etc, will be performed in accordance with published procedures and methods, the
contractor will restore core locations to watertight condition upon completing the examination.
SCHEDULE OF CONSULTING FEES
Project Location: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Scope of Services: Concrete Walkway Inspection & Core Cut
ITEM I • Detailed Analysis of Existing Concrete Slab Conditions
Includes the followi=
Hands-on and on-site inspection and analysis of existing concrete slab conditions, exterior sealants or
coatings (applied over the concrete), surrounding masonry walls and parapet walls, window frame,
guardrail and components adjacent to the designated concrete plaza deck area. Existing conditions and
construction will be noted including all deficiencies,
Location of areas of deterioration, resonance sounding and flat steel probe through joints and/or cracks,
etc. to determine structural integrity, inspection of any / all waterproof membrane, inspection of existing
caulMng sealants and general analysis as required to determine structural integrity.
Measurement of any deflection or detachment of the concrete from the load bearing backup wall structure.
Inspection of the concrete walkway areas will include an estimation of the total area or quantity of
required replacement, and any masonry replacement mortar replacement and wall reconstruction.
Examination of the concrete slab / walkway areas of the structure will include performing invasive core
samples / demolition of selected areas. These inspection openings will be perforated to verify the
underlying condition of the structural slab, design and integrity of the concrete and attachment of the
walkway to the structural wall.
CONTRACT DOCUMENT - CONCRETE SLAB INSPECTION & CORE CUT Page 1
Visual examination and probe testing of wall systems, window systems and applied sealants will be
performed to identify any areas of caulking sealant failure, glazing gasket failure, improper installation,
inadequate drainage or any other condition which could be contributing to moisture entry into the
concrete walkway or exterior wall system.
Limited inspection of interior spaces to evaluate leakage and damage attributed to moisture penetration
through the concrete slab. Documentation of the location and extend of damage as well as commentary
regarding potential / probable source(s) of moisture entry.
Photographic documentation of the concrete slab conditions, window and roof conditions as well as any
observed deficiencies. Photographic documentation of all construction conditions observed during any
invasive core sampling or openings will be included. Areas of corrosion, concrete delamination /
deterioration and structural failure will be photographed and submitted in conjunction with the written
Condition Report.
Reports will include repair and/or reconstruction recommendations for restoration of the concrete slab,
concrete walkway, masonry walls, windows / window frames, sealants, waterproofing elements, etc..
Optional methods of repair or reconstruction will be provided including a brief description of the methods
and materials to be utilized to complete the repairs.
Prioritize and establish replacement and maintenance budget costs for exterior wall, roof and window
restoration and reconstruction projects,
Prepare a detailed Elevation drawing for the East Elevation of the structure depicting the areas of
deterioration and structural damage.
Structural Technologies, Inc. will be willing to attend Owner / Site Meetings for an additional fee of
$450.00 per meeting.
Item I: Concrete Slab Inspection & Core Cut and Analysis
Total Quotation for Services:
Item 2: Concrete Core Samples
$2,950.00
Includes: Cutting an opening into the concrete slab / overlayment slab to determine existing construction,
thickness of the topping slab, design / integration of waterproofing membrane, corrosion of
embedded steel reinforcement, presence of trapped water / moisture within the slab, etc..
Recommendation: For the purpose of preparing the most accurate report as to the
existing conditions and underlying deterioration, we would
recommend a minimum of two (2) core samples be extracted from
designated locations.
Cost per Concrete Slab Core Sample
$750.00 per core
* Quotation will remain fixed for a period of sixty (60) days from the date of submittal. The contact / proposal must be
filled out in its entirety before the project will be placed on a schedule in order to proceed with work.
ACCEPTANCE OF PROPOSAL:
(AUTHORIZED SIGNATURE) (DATE)
(PURCHASE ORDER NUMBER)
CONTRACT DOCUMENT—CONCRETE SLAB INSPECTION & CORE CUT Page 2
OPTIONS SELECTED (PLEASE CIIFCK THOSE OPTIONS / ITEMS WHICH ARE APPROVED)
ITEM L DETAILED CONDITION ANALYSIS & RECOMMENDATIONS
ITEM 2: CONCRETE CORE SAMPLES
(Total of 2 cores)
Note: Billing for concrete deck core samples will be based on actual number of core samples. A maximum of two (2)
cores / openings will be performed ... additional investigative openings (cores) will be extracted only upon written
authorization of the Owner.
Acknowledgements must be initialed in order for contract /proposal to be valid. If the acknowledgements are not initialed,
the contract is invalid and work will not proceed until the Owner fills out the proposal in its entirety.
ACKNOWLEDGEMENT 1: Board / Site Meetings will be billed at $450,00
ACKNOWLEDGEMENT 2: Structural Technologies, Inc, is an independent Property
Restoration Consultant and does not provide or
practice Ownerore or Structural Engineering.
uotation Summary
This Quotation is a "Fixed Cost Quotation" calculated for the Concrete Slab Inspection & Core Cut Project set forth in
this document. Increases in the scope of work (beyond that set forth in this Quotation) or additional consulting services
required to develop specifications, drawings or bid documents for this (or additional) projects are not included in this
price.
Upon receipt of the signed copy of any or all sections of this contract, we will begin scheduling the inspection and begin
the preparation of the documents detailed in this quotation.
Limit of Liability & Contractual Ob) -i ag tions
Structural Technologies, whether contracted for inspection, analysis, project design / development and/or periodic or full
time on-site inspection of work being performed in conjunction with contracted services set forth in this agreement shall
neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the work performed by any Contractor awarded work
as a result of services provided in this agreement between the Consultant — Structural Technologies, Inc. and the Owner (or
designated representative), since these are solely the Contractor's rights and responsibilities under their Contractual
Agreement and Contract documents. The Owner (or designated representative) shall be liable for the selection of any
contractor and any negotiated terms not specifically set forth in the specifications and bid documents. Project Management
and Project Administration services provided by Structural Technologies, Inc. shall be provided on an advisory capacity and
do not supplant the Association/Owner's obligations. Structural Technologies, Inc. shall not be held liable for Contractor
related project delays, performance or non-compliance with the specifications and drawings or material failure. The Owner's
/ Association's release of payment to the Contractor does not represent acceptance of completed work by Structural
Technologies, Inc... Structural Technologies, Inc, makes no warranties for workmanship or materials, express or implied,
under this Agreement or otherwise, in connection with their (Structural Technologies, Inc.'s) contracted services. Structural
Technologies, Ine.'s limitation of liability shall be not greater than the total aggregate cost of either design or inspection
services provided by Structural Technologies, Inc. in conjunction with this project,
CONTRACT DOCUMENT—CONCRETE SLAB INSPECTION & CORE CUT Page 3
Payment Terms and Agreement
All payment terms will be as set forth herein with the exception of any pre -arranged payout procedures negotiated with the
client / Owner. To avoid additional finance charges, payment to Structural Technologies, Inc. must be received within thirty
(30) days of the receipt of the invoice. Atter this date, an additional. finance charge of 1.5% per month will be assessed. Any
alteration or deviation from the base Quotation and Scope of Work or services contracted with Structural Technologies, Inc.
will be billed "In Addition" to the base contract price. Any extra work will only be performed upon written authorization
from the Owner (or designated representative). Additional inspections, services, meetings, documentation, etc... required
beyond the scope of this contract may incur additional charges. The Owner (or designated representative) shall beresponsible
for verification of any dimensions or scope of work upon which this quotation is based. In the event Structural Technologies,
Inc. does not receive full payment in accordance with the terms set forth in this Proposal/ Contract, Structural Technologies,
Inc. shall be compensated for all reasonable attorney's fees, court costs and collection expenses in addition to the base
contract value incurred to secure full payment.
Payment for Item I & 2: A security deposit equal to fifty (50%) percent of the total amount due for Item 1 & 2:
Oak Brook Village Hall Concrete Slab Inspection & Core Cut shall be due prior to initiating the work under this
section. The balance of fifty (50%) percent shall be due upon completion. A total of two (2) reports, sets of
drawings, etc, will be included in this Base Contract. Additional reports, photographs, etc, will be billed at cost
plus twenty (20"/0) percent per report.
Insurance Requirements
Structural Technologies, Inc, shall be required to maintain a current Liability and Worker's Compensation Insurance Policy
and will submit copies of such policies to the Owner (or designated representative) upon request. The Owner (or designated
representative) shall be responsible for maintaining a current insurance policy for the business and all personnel employed
by the Owner and providing services including professional services in conjunction with this project.
Overview of Services Provided
Our commitment at Structural Technologies is to provide our clients with the highest level of service combined with the best
quality contractors and specified materials available. Structural Technologies, Inc. is an independent Consulting Firm and
as such in not licensed nor engaged in the practice of Engineering, Ownerure, Life Safety Monitoring, Hazardous Material
Identification, Air Quality Monitoring or any other regulated or licensed practice, Any /all Structural Engineering services
offered in this proposal will be sub -contracted and/or provided by other firms licensed to provide said services in the State
of Illinois. The Owner's /or authorized representative's execution of this contract shall be evidence thataft terms, conditions
and statements contained herein are acknowledged and accepted.
Structural Technologies, Inc, provides consulting services for project development including; specifications, bid documents,
pre -qualification of contractors, job -site management and inspection services, payment and warranty administration, final
inspections, financial management services and punehlists as set forth herein. These services are provided to facilitate
accurate bidding and application of materials in compliance with Building Code and published Material Manufacturer
requirements. Our field experience, objective analysis and detailed material installation specifications combined with on-
site quality control inspections result in high quality cost effective solutions to your building restoration and maintenance
requirements. We look forward to working with you in conjunction with the Oak Brook Village Hall - Village of Oak Brook
— Concrete Core Sampling & Condition Analysis.
If you have any questions regarding this contract, please contact our office at (630) 351.8200 or FAX us at (630) 351-9133.
Sincerely,
MW
President- Structural Technologies, Inc.
CONTRACT DOCUMENT —CONCRETE SLAB INSPECTION & CORE CUT Page 4