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10.d Quotes for Geotechnical services for future road projectsQBOLTON & MENK Real People. Real Solutions. April 13, 2017 Neil Soltis City of Scandia 14727 209th St. N. Scandia, MN 55073 RE: Geotechnical Quote Results 2017 Capital Improvement Planning Soil Boring and Pavement Cores Dear Mr. Soltis: 2035 County Road D East Maplewood, MN 55109-5314 Ph: (651) 704-9970 Fax: (651) 704-9971 Bolton-Menk.com Quotes for geotechnical services for the 2017 Streets Capital Improvement Planning were received on Thursday, April 13, 2017. The quotes include coring the pavement and performing soil borings to determine existing conditions of the roadways in the locations shown on the attached Location Map. The quotes received were the following: Geotechnical Company Total: Northern Technologies, Inc. $5,950.00 American Engineering Testing, Inc. $12,900.00 Based on the summary above, if the City wishes to award the Project to the lowest bidder, then Northern Technologies, Inc. should be awarded the Project in the amount of $5,950.00. Please feel free to contact me at 612-597-7140 if you have any questions. Sincerely, Bolton & Menk, Inc. Ryan J. Goodman, P.E. Principal Engineer Enclosures: Quote Proposal and Location Map H:\SCND\N15106S6S - General\2017 Soil Boring Quotes\Submitted Quotes\Soltis_RJG^Geotechnical Quote Results.docx Balton & Menk is an equal opportunity employer. NTF NORTHERN TECH NOLOCIES, LLC April 11, 2017 Bolton & Menk, Inc. Attention: Kaite Warner, P.E. 2035 County Road D East, Suite B Maplewood, MN 55109 HIEE Carmen Avenue East Inver Grove Heights, MN 55G75 P:651.3HH.4191 F:651.3HH.419❑ www.NTigeo.com RE: Proposal for Geotechnical Services Scandia Streets Scandia, Minnesota NTI Proposal P7316 Unearthing confidence T11 We are pleased to submit our proposal to perform Geotechnical Services for the above referenced project. The purpose of this study is to collect representative soil samples, analyze the subsurface soil and groundwater conditions and to furnish a detailed geotechnical engineering report with appropriate design and construction recommendations. The proposed project consists of the reconstruction of multiple bituminous roadways within the city of Scandia, Minnesota. Street sections to be investigated include: Mallard Avenue Melanie Trail North West of Meadow Brook Avenue North Meadow Brook Avenue North, Between 235th Street North and Oakhill Road Oakhill Road, between Scandia Trail North and Meadow Brook Avenue North Oldfield Avenue North, North of Oakhill Road Oren Road North, between Oldfield Avenue and C.S.A.H. 3 Oxboro Circle, between Oakhill Road and Old Marine Trail North 199th Street North, between Oakhill Road and St. Croix Trail North Parkview Lane, South of 199th Street North SCOPE OF WORK The following is our proposed work scope based on the request for proposal provided by Bolton & Menk, Inc. NTI will mark the proposed boring locations. We will make you aware of these field activities before proceeding to the site to allow you the option to notify any pertinent parties prior to NTI's field work. Precision • Expertise • Geotechnical • Materials FARCC• BISMARCK - GRANDFCRKS • MINCT • INVERDROVE HEIGHTS , RAMSEY • RAPIDCITY • SICUXFALLS Proposal for Geotechnical Services Scandia Streets �%%MOO+* Scandia, Minnesota NTI will contact the Minnesota "One -Call" system for clearance of public utilities within the area of the soil borings. NTI will then mobilize a truck mounted drill to the site to drill 29 borings to a depth of approximately 6 feet below existing grade. The total lineal feet of drilling proposed is 174 feet. Borings may be terminated early if soil/bedrock conditions resulting in practical auger refusal are encountered prior to the proposed termination depths. If soft soils, or organic soils are encountered near termination we will continue drilling a reasonable depth until a minimum of five (5) feet of suitable foundation soils are observed. NTI's proposal includes documenting the existing condition of the roadway as well as coring the pavement at each of the 29 boring locations. NTI has assumed that there is reasonable access to the proposed borehole locations. This would include slopes suitable for traversing with a geotechnical drill rig, safe working distances from utilities, removal of site obstructions that prohibit access to the proposed borehole locations, etc. In addition, drill rig access to the proposed boring locations may result in cracking of onsite pavements or sidewalks and rutting of site soils. NTI will take reasonable precautions to prevent such damage but repair and final restoration inclusive of settled borings shall be performed by others at no charge to NTI. Soil sampling in the borings will be performed at 2-1/2 foot intervals to a depth of 15 feet with additional samples obtained at 5 -foot intervals thereafter if necessary. Soil sampling will be performed in general accordance with ASTM D 1586. A geotechnical engineer will visually classify field -collected samples in general accordance with ASTM D 2488. Each soil sample's color, relative moisture, SPT N -value, relative density, consistency and estimated compressive strength will be documented on soil boring logs. We will measure for the presence of groundwater or lack thereof when we complete each soil boring. We will backfill the soil borings with soil cuttings or high solids bentonite grout to comply with current Minnesota Department of Health Regulations. We will perform laboratory tests on selected soil samples, this may include: 1. Plastic/liquid limit tests on cohesive soils. 2. Moisture tests. 3. Gradations. 4. Organic content tests. Upon completion of the field and laboratory work, a geotechnical engineering report will be prepared. The report will include the logs of the borings, location drawing and the results of the field and laboratory tests. In addition, the report will include our engineering opinions and recommendations regarding: Proposal for Geotechnical Services Scandia Streets �%%Mod* Scandia, Minnesota 1. Site preparation and excavation recommendations. 2. Engineered fill and compaction recommendations. 3. Estimated depths of unsuitable soils to be removed at each boring location. 4. Anticipation and management of groundwater for design and construction. 5. Potential construction difficulties regarding excavation and backfill. 6. Estimated R -Value for use in bituminous pavement design. 7. Recommended pavement design thickness (NTI will utilize assumed traffic volumes unless alternative traffic data is provided to NTI by the client). NTI's engineers are also available to provide geotechnical guidance to the design team, evaluate value engineered alternatives, review earthwork, groundwater control, and other civil plans and specifications as an additional service. NTI's engineers, special inspectors and technicians are available to provide construction and materials testing services once the project construction begins. This provides professional continuity of services throughout the design and construction of the project. DELIVERABLES NTI will provide the bituminous cores a well as an electronic PDF copy of the final report to the client. Two bound hard copies are available upon request. COST We will perform the base geotechnical exploration and report described above for a fixed fee of $5,950. If additional drilling footage on a started boring is required to reach competent non-organic native soils we will invoice at a rate of $20/foot. SCHEDULE Upon receiving authorization to proceed, the field work will typically begin in approximately 5 to 7 business days and will take approximately 1 to 2 days to complete. The report will be issued to you within 5 to 10 business days of completion of the field work. Boring logs and verbal information regarding our findings can be provided within 1 to 2 days after the field work has been completed. ACCEPTANCE Please indicate your acceptance of this proposal by signing on the signature block below, and returning a copy to us. The attached General Terms & Conditions are an integral part of this proposal. This proposal is effective until June 30, 2017. Proposal for Geotechnical Services Scandia Streets �%%MOO+* Scandia, Minnesota We thank you for the opportunity of submitting this proposal and look forward to working with you through both the design and construction phase of this project. If you have any questions regarding this proposal please contact the undersigned at 651-389-4191. NORTHERN TECHNOLOGIES, LLC Robert R. Hawkins Graduate Geologist Steven D. Gerber, P.E. Senior Engineer Attachments: General Terms & Conditions BOLTON & MENK, INC M Printed Name: Title: Date: L GENERAL TERMS & CONDITIONS 1.0 CONTRACT a. The foregoing Proposal and these General Terms and Conditions constitute the contract (hereinafter, "Contract") between Northern Technologies, LLC, (hereinafter, "NTI") and the party signing the Client Authorization (hereinafter, "Client") b. If Client directs NTI to proceed with Services (as defined below) prior to execution of this Contract, or if Client allows NTI to continue with Services after having received this Contract, it is understood that each party is bound by the terms and conditions of this Contract whether or not Client has signed this Contract. 2.0 SERVICES a. NTI will provide Client with the services specified in the Proposal (hereinafter, "Services" or "Scope of Services") in accordance with the Contract's terms. Services enumerated in writing in the Contract are considered Basic Services. Services not specifically enumerated in writing in the Contract are not included in the scope of NTI's Services and are not NTI's responsibility. b. Should the need arise for NTI to expand our services in response to conditions or events outside our control, NTI would, under Client's direction, submit a separate proposal providing such Additional Services. Additional Services are not included under Basic Services nor are theycovered bythe compensation for Basic Services. C. NTI will provide Services to Client as an independent contractor and not as the Client's employee, agent, partner, or joint venturer. d. NTI shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the project site. If, while performing the Services any hazardous substances or conditions are discovered or encountered that pose unanticipated risks or costs, it is agreed that the scope of Services, time schedule and the estimated Contract costs shall be reconsidered and that this Contract may, at NTI's option, be re -negotiated or terminated. If the Contract is so terminated, Client shall pay NTI for the Services performed up to the date of termination plus NTI's reasonable termination and demobilization costs and expenses. e. If NTI's performance of the Services is delayed by Client or by any other circumstance beyond NTI's direct and reasonable control, then the time for NTI's completion of the Services shall be automatically extended based upon the duration and impact of each such delay and NTI shall be entitled to additional compensation from Client 3.0 GENERAL RESPONSIBILITIES a. NTI shall not be responsible for the performance of any activity or obligation other than the Services specified in the Contract, and NTI's performance shall not be construed as relieving Client or any third party of their responsibilities. NTI shall have no responsibility for, or any liability pertaining to: (1) the superintending, supervising, or directing of the work of any independent contractor, agent or employee of Client or any third party; or (2) the results or consequences of work performed by any such independent contractor, agent or employee of Client or any third party; or (3) any claims or allegations of rights by any person or party other than Client relating to NTI's Services; or (4) for job site safety at the location which is the subject of this Contract (hereinafter, "Site"). b. NTI will be responsible for obtaining only those government permits, approvals and authorizations that are specified in the Scope of Services of the Contract. NTI is not responsible for project delays, damages or impacts due to the government's failure to issue said permits in a timely fashion. C. Unless otherwise expressly agreed by NTI and Client in writing NTI's performance of its Services is solely and exclusively for the benefit of the Client and no party other than Client shall be entitled to rely upon any documentation, representation, report, statement or service made or performed by NTI. 4.0 CLIENT RESPONSIBILITIES a. Client will make available to NTI all known information regarding existing and proposed requirements which affects the work, including but not limited to: specifications, contracts, recommendations, plans and change orders. b. Client will immediately transmit to NTI any new information that becomes available to Client or Client's contractors or subcontractors, so that recommended actions can be reviewed. C. Client will provide a representative to answer questions about the project when required by NTI upon 24-hour notice. d. Client will not hold NTI liable for any incorrect advice, judgment, or decision based on any inaccurate information furnished by or on behalf of Client, and Client will indemnify NTI against liability arising out of or contributed to by such information. e. NTI shall be entitled to additional compensation for all extra work caused by or resulting from the failure of the information provided to accurately describe the Site conditions. f. With the exception of those specified as NTI's responsibility in the Scope of Services, Client shall timely obtain all necessary permits, governmental approvals and access agreements to allow NTI and its agents access to the Site and any buildings thereon. g. Client is responsible for notifying property owner(s) of the nature, scope and timing of NTI's work, along with any potential damage that may occur during the execution of said work. h. Client shall provide reasonable safe access to the proposed location of work including but not limited to slopes, distance from unities, removal of site obstructions, etc. 5.0 NTI RESPONSIBILITIES a. NTI will perform its Services consistent with the level of care and skill ordinarily exercised by members of the geotechnical and materials testing profession currently practicing under similar conditions (the "Standard of Care"). No warranty of any kind, expressed or implied, is made by NTI. b. NTI will be responsible for its data, interpretation and recommendations, but will not be responsible for interpretation by others. C. NTI will take reasonable precautions to prevent damage to property. However, unless specifically included in the Scope of Services NTI will not be responsible for the repair or cost of repairs of property including but not limited to pavements, turf, walks, vegetation, utilities, irrigation, buildings or any other site improvements. 6.0 INSURANCE a. NTI will carry worker's compensation insurance and public liability, property damage, and errors and omissions insurance policies, which NTI considers adequate. In addition to any other limitations set forth in this Contract, it is agreed that in no event will NTI be responsible for loss, damage or liability beyond the limits and conditions of NTI's available insurance. NTI will not be responsible for any loss or liability arising from the negligence of Client or by other persons or entities employed by Client. 7.0 COMPENSATION a. NTI's Proposal specifies if the fee is a fixed fee or an estimate based on set rates. Unless specifically stated in the Proposal Client acknowledges that the fee estimate will not be construed to be a maximum or not to exceed amount. b. NTI will submit invoices to client monthly, and a final invoice upon completion of Services. Invoices will show charges based on current NTI Fee Schedule or other basis agreed upon in writing. A detailed separation of charges and backup data will be provided at Client's request. C. Client shall notify NTI immediately if there are any issues relating to the invoice format, amounts, name of responsible party or any other factors preventing payment of the invoice as submitted. d. Unless specifically stated in the Proposal, NTI's fees will not be subject to retainage. e. Unless specifically stated in the Proposal, payment of invoices for NTI Services shall not be contingent upon project financing or payments received by the Client from other parties. f. The Client will pay the balance stated on the invoices unless Client notifies NTI in writing of the particular item that is alleged to be incorrect within fifteen (15) days from the invoice date. NTI will strive to resolve Client's concerns in a timely manner as long as the balance of the invoice is paid within the terms of this Contract. In L GENERAL TERMS & CONDITIONS the event Client fails to bring a billing dispute to NTI's attention within the 15 -day period, Client waives the right to later dispute the invoice. g. Payment is due upon receipt of invoice and is considered past due thirty (30) days from invoice date. On past due accounts, Client will pay a late charge of 1.5(%) per month, or the maximum allowed by law. h. In the event Client fails to pay NTI within sixty (60) days following invoice date, NTI may consider the default a total breach of this Contract and all duties of NTI under this Contract will be terminated. i. Partial payments received will first be applied to accrued late charges, then expenses and then to the principal balance. j. Client agrees that NTI may increase its billing rates/fees on each anniversary of this Contract. 8.0 OWNERSHIP OF DOCUMENTS/SAMPLES a. The Client acknowledges that the reports, data, plans, specifications, representations, correspondence and all other documents prepared by NTI as part of its Services under this Contract (collectively referred to as "Documentation") are instruments of NTI's service to Client. Client agrees to save,defend, indemnify and hold NTI and its officers, directors, shareholders, employees and agents harmless from and against all claims, damages, losses and related expenses (including, without limitation, all reasonable attorney fees, disbursements, expert witness fees and all costs of court and litigation) in any manner arising from or pertaining to: (a) any re -use of the Documentation without the prior written authorization of NTI or, (b) claim(s) by any third party ( other than Client) to whom Client distributed or provided any of the Documentation, either directly, through an agent, or by requesting that NTI provide it to the third party, without the prior written authorization of NTI. b. Client agrees that all reports and other work furnished to the Client or his agents, which are not paid for, will be returned upon demand and will not be used by the Client for any purpose. C. NTI will retain all pertinent records concerning Services performed for a period of two (2) years after the report is sent; during that time the records will be made available to the Client during NTI's normal business hours. d. NTI will retain representative samples for 30 days after submission of NTI report. Upon request by Client, samples can be shipped, charges collect, to destination selected by Client; or NTI can store them for an agreed upon storage charge. 9.0 DISPUTES a. All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this Contract, including, but not limited to, breach thereof, shall be referred for mediation under the then current Construction Industry Mediation Rules of the American Arbitration Association prior to any recourse to litigation. b. In the event of any litigation arising out of or relating to this Contract or the Services, the prevailing party shall be entitled to reasonable attorneys' and experts' fees, court costs and other costs of collection including NTI's labor costs in connection with the prosecution of any collection lawsuit. 10.0 LIMITATION OF LIABILITY a. CLIENT understands that the Services provided by NTI involve the application of scientific and technical skill, judgment and discretion that is not an exact science and that NTI cannot and does not guaranty the results of its Services. Instead, NTI agrees to perform the Services according to the Standard of Care. b. NTI's liability to the Client and all contractors and subcontractors on the project, for damages due to professional negligence, negligence or breach of any other obligation to Client or others, will be limited to an amount not to exceed $20,000 or NTI's fee, whichever is less. C. Client will notify any contractor or subcontractor who performs work in connection with any work done by NTI of the limitations of liability for design defects, errors, omissions, or professional negligence, and to require as a condition precedent to their performing their work, a like indemnity and limitations of liability on their part as against NTI. In the event the Client fails to obtain a like limitation and indemnity, Client agrees to indemnify NTI for any liability to any third party. d. NTI shall have no liability for any failure to perform or delay in performance due to any circumstances beyond its reasonable control. Additionally, in no event shall NTI be liable or responsible to Client or any other person for any consequential, special, incidental, exemplary, or punitive damages, including but not limited to, governmental fines, penalties or liabilities, lost profits or other economic loss (whether arising from negligence, errors, omissions, breach of contract, breach of warranty, tort, strict liability or otherwise), resulting from any claimed defect or deficiency in the Services provided by NTI or any failure by NTI to provide Services. 11.0 TERMINATION a. This agreement may be terminated by either party upon seven (7) days written notice if there is substantial failure by the other party to perform. Termination will not be effective if substantial failure is remedied before expiration of the seven days. Upon termination, other than for NTI's default, NTI will be paid for Services rendered plus reasonable termination expenses. b. If the Contract is terminated prior to completion of all reports contemplated by the agreement, or suspended for more than three (3) months, NTI may complete analysis and records as are necessary to complete its files and may complete a report on the Services performed. Termination or suspension expenses will include direct costs of completing analysis, records and report. 12.0 ASSIGNS a. Neither party may assign duties or interest in the Contract without the written consent of the other party. 13.0 MISCELLANEOUS a. If any provision or provisions of this Contract shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. b. This Contract is the entire agreement between NTI and Client and it supersedes all prior written or oral agreements with respect to the subject matter hereof. No amendment or assignment of the Contract shall be effective unless agreed to in a writing signed by authorized representatives of both parties. C. The provisions of this Contract relating to the limitation of liability and damages, warranties, indemnification, use of plans, specifications, reports and all other Documentation provided by NTI and those specifying choice of law, dispute resolution, notice, waiver, and severability shall survive termination of this Contract. d. The terms of this Contract and its enforcement and interpretation shall be governed by the laws of the state where the project is located. If any provision of this Contract is determined to be unlawful, invalid or unenforceable, that provision shall be severed from the Contract and shall not render this Contract, or any other of its other provisions, unlawful, invalid or unenforceable. 14.0 PRE -LIEN NOTICE a. By signing this Contract Client represents and warrants that it either owns fee title to, or has the legal right to direct NTI to perform Services in connection with, the site of the project and that there is presently nothing to prevent NTI from filing a lien against the site of the project. b. ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. C. UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. U p LAKE �O v 236th O RD. 9L F 2 230th ST. N. z ui Q o z o U ui — Q 236th ST. N. 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Q rSCANDOIATR. 9.Q O .� w O Zd,'S z z a Q Q NNES70TA 214th [kIrM w 215th ST N. P O o 213th STATE HWY. 97 z Lu � �Q � Q o O Q O � J_ MINNESOTA SCANDIA m i n n e s o t a SOIL BORING 1 SOIL BORING LOCATION PROPOSED STREET f 0 1200 2400 HORZ. SCALE FEET