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10.g) geotechnical services quotes - Log House Landing Boat LaunchBOL—TON 8L M P:= N K , I NC® Consulting Engineers & Surveyors 2035 County Road D East • Suite B • Maplewood, MN 55109-5314 Phone (651) 704-9970 • Fax (651) 704-9971 www.bolton-menk.com February 11, 2016 Honorable Mayor and City Council 14727 209`h Street N Scandia, MN 55073 Re: Geotechnical Quotes — Log House Landing Boat Launch Dear Mayor and Council: Quotes for the Log House Landing Boat Launch have been obtained to complete Geotechnical Services in the area of the future boat launch improvements. The work within will consist of completing soil borings to collect representative soil samples, analyze the subsurface soil and groundwater conditions, and preparation of a geotechnical engineering report that will be used to facilitate the design of the improvements. The following quotes have been obtained: Contractor Quote Northern Technologies, Inc (NTI) $2,250.00 American Engineering Testing, Inc. (AET) $2,900.00 Braun Intertec $4,091.50 If the City Council wishes to award the work, it's our recommendation to award Northern Technologies, Inc. the geotechnical services at the Log House Landing Boat Launch. Please do not hesitate to contact me with any questions regarding this scope of work at 612-597-7140. Sincerely, Ryan J. Goodman, P.E. City Engineer Enclosures: Geotechnical Proposals from NTI, AET, and Braun DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer NT1' NORTHERN TECHNOLOGIES, INC. January 25, 2016 City of Scandia G160 Carmen Ave E Inver Grove Heights, MN 5507E P:763.433.9175 F:851.389.4190 www.NTigeo.com c/o Bolton & Menk, Inc. Attention: Ms. Katie Warner, P.E. 2035 County Road D East, Suite B Maplewood, Minnesota 55109-5314 RE: Proposal for Geotechnical Services Log House Landing Boat Launch Scandia, Minnesota NTI Proposal P6044 Unearthing confidence TM 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 construction of a new concrete pavement section for the existing gravel road boat launch that leads to the St. Croix River in Scandia, Minnesota. 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. 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 two (2) standard penetration test (SPT) soil borings advanced to a depth of approximately 10 feet below the top of the existing road grade. The borings will be advanced at the general locations indicated within the request for proposal documents. The total lineal feet of SPT drilling proposed at this time is approximately 20 feet. Borings may be terminated early if soil/bedrock conditions resulting in practical auger refusal are encountered prior to the proposed termination depths. Precision • Expertise • Geotechnical • Materials FARGO - BISMARCK • GRAND FORKS - MINOT INVER GROVE HEIGHTS • RAMSEY • ST. CLDUD Proposal for Geotechnical Services Log House Landing Boat Launch Scandia, Minnesota If soft soils, fill, or organic soils are encountered near termination we will continue drilling a reasonable depth until a minimum of five (5) feet of suitable soils are observed. This field exploration program will take approximately 1/2 day to complete. Soil sampling in the borings will be performed at 2-1/2 foot intervals to the termination depth of the borings. 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. NTI has assumed that there is reasonable access to the proposed borehole locations. This would include safe working distances from utilities, removal of site obstructions, including snow, that prohibit access to the proposed borehole locations, etc. In addition, drill rig access to the proposed boring locations may result in cracking of on -site pavements. NTI will take reasonable precautions to prevent such damage but repair and final restoration shall be performed by others at no charge to NTI. 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. Upon completion of the field and laboratory work, a geotechnical engineering report will be prepared. The report will include the logs of the borings, a boring location diagram, and the results of the field and laboratory tests. In addition, the report will include our engineering opinions and recommendations regarding: 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 subgrade modulus "V for concrete pavement design. 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. Proposal for Geotechnical Services Log House Landing Boat Launch Scandia, Minnesota DELIVERABLES NTI will provide two (2) paper copies and a PDF of the final report to the client. COST We will perform the base geotechnical exploration and report described above for a fixed fee of $2,250. If additional drilling footage on a started boring is required to reach competent non -organic native soils we will invoice at a rate of $18/foot. SCHEDULE Upon receiving authorization to proceed, the field work will typically begin in approximately 10 to 12 business days and will take approximately 1/2 day to complete. The report will be issued to you within 7 to 12 business days of completion of the field work. Boring logs and verbal information regarding our findings can be provided within 2 to 3 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 March 31, 2016. 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 763-433-9175. NORTHERN TECHNOLOGIES, INC. Debra A. Schroeder, P.E. Project Geotechnical Engineer 6, X. ---e -- Ryan M. Benson, P.E. Regional Manager/Principal Engineer CITY OF SCANDIA Printed Name: Title: Attachments: General Terms & Conditions 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, Inc., (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. AMERICAN ENGINEERING TESTING, INC. February 8, 2016 Ms. Katie Warner, P.E. Senior Project Engineer Bolton & Menk, Inc. 1960 Premier Drive Mankato, MN 56001 Re: Proposal for Geotechnical Exploration Log House Landing Boa_ t Launch 205th Street North Scandia, Minnesota Dear Ms. Warner: CONSULTANTS • ENVIRONMENTAL • GEOTECHNICAL • MATERIALS • FORENSICS We are pleased to submit a proposal for this project. In this proposal, we present our understanding of the project, an outline of the scope of services we are to provide, a fee schedule, and an estimate of charges for our services. Project Information: You are proposing to construct a new Log House Landing Boat Ramp. We understand that the existing ramp will be improved with a concrete pavement as shown on the attached concept plan. The usage of the landing generally includes pickup trucks with fishing boats, but will require periodic access with a front end loader by public works for maintenance. Scope of Services: Field Exploration You have requested that we drill 2- borings to a depth of 10 feet below grade for this project. The borings will be drilled and sampled to this depth, or to refusal, whichever occurs first. If refusal is encountered, we will terminate the boring at that depth. Coring of the refusal stratum has not been requested, and is not part of our scope of services defined in this proposal. Before we drill, we will contact Gopher State One Call to locate public underground utilities. Gopher State One Call does not currently charge for this service, but they will not locate private lines. We request that you locate private utilities. If it is necessary to contact a private locating company, these companies charge for their services, but we have not included a fee in this proposal for retaining a private locator. If this is found to be necessary, we will pass this fee along to you at cost, in addition to our fee for the geotechnical exploration. 550 Cleveland Avenue North I St. Paul, MN 55114 Phone 651-659-9001 1 Toll Free 800-972-6364 Fax 651-659-1379 1 www.amengtest.com I AA/EEO This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc: Ms. Katie Warner, P.E. Bolton & Menk, Inc. February 8, 2016 Page 2 of 3 We request that you arrange access to the boring locations for our drill rig, including snow plowing, if necessary. We will drill the borings using hollow stem augers or by rotary mud drilling, and sampling by the split -barrel method (ASTM D1586). Our crew will keep field logs noting the methods of drilling and sampling, the Standard Penetration Values (N-values, "blows per foot"), preliminary soil classification, and observed groundwater levels. Representative portions of recovered samples will be sealed in jars to prevent moisture loss and submitted to our laboratory for review, testing and final classification. We will backfill the boreholes to comply with the Minnesota Department of Health Regulations. Laboratory Testing We will initiate routine laboratory testing by reviewing each recovered soil sample to assess the major and minor soil components, while also noting the color, degree of saturation, and lenses or seams in the samples. If we encounter cohesive soil, we will test selected samples for moisture content. On completion of testing, we will visually/manually classify each sample on the basis of texture and plasticity in accordance with the Unified Soil Classification System, and prepare the boring logs. Report Upon completion of the drilling and laboratory testing, we will prepare a geotechnical report describing the subsurface conditions encountered and presenting our recommendations for the pavement design for the concrete drive ramp. The report will also discuss earthwork recommendations. Fees: For the scope of services described above, our charges will be $2,900. In the event the scope of our services needs to be revised (for example, additional borings, deeper borings or additional field or laboratory testing), we will review such scope adjustments and the associated fees with you, and receive your approval before proceeding. Our fees will be in effect until December 31, 2016, after which they will be subjected to review and possible escalation. Environmental Concerns: This proposal is presented for engineering services to evaluate the structural properties of the soil at the specified site. This proposal does not cover an environmental assessment of the site or environmental testing of the soil or groundwater. If you wish to have us provide these additional services, please contact us. American Engineering Testing, Inc. Ms. Katie Warner, P.E. Bolton & Menk, Inc. February 8, 2016 Page 3 of 3 Terms and Conditions: All AET Services are provided subject to the Terms and Conditions set forth in the enclosed "Environmental/Geotechnical Service Agreement —Terms and Conditions," which, upon acceptance of this proposal, are binding upon you as the Client requesting Services, and your successors, assignees, joint venturers and third -party beneficiaries. Please be advised that additional insured status is granted upon acceptance of the proposal. Acceptance: This proposal is presented in electronic (PDF) form; hard copies can be prepared and mailed to your office upon request. AET requests written acceptance of this proposal in the Proposal Acceptance box below, but the following actions shall constitute your acceptance of this proposal together with the Terms and Conditions and Amendments: 1) issuing an authorizing purchase order for any of the Services described above, 2) authorizing AET's presence on site, or 3) written or electronic notification for AET to proceed with any of the Services described in this proposal. Please indicate your acceptance of this proposal by signing below and returning a copy to us. When you accept this proposal, you represent that you are authorized to accept on behalf of the Client. We have enclosed with this proposal a copy of the `Environmental/Geotechnical Service Agreement - Terms and Conditions." The terms contained in the attached "Environmental/Geotechnical Service Agreement - Terms and Conditions" are incorporated herein and are an integral part of this contract for professional engineering services. If you have questions regarding this proposal, please contact us. Sincerely, American Engineering Testing, Inc. A. eza Savabi, P.E. Senior Geotechnical Engineer Enclosures: 2016 Geotechnical Fee Schedule Service Agreement (3 pgs.) Concept Plan (1 pg.) Acceptance By: Signature: Printed Name:- Representing: - Date: American Engineering Testing, Inc. 2016 GEOTECHNICAL FEE SCHEDULE I. Personnel Hourly Rates A. Word Processing Specialist 66.00/hr. B. Engr, or Env. Technician I 72.00/hr. C. Engr. or Env. Technician II 85.00/hr. D. Drill Technician/Geo Lab Technician 95.00/hr. E. Senior Engineering Technician 101.00/hr. F. Engineering Assistant 111.00/hr. G. Engineer I/Geologist I 120.00/hr. H. Engineer II/Geologist II/Sr. Engr. Assistant 137.00/hr. I. Senior Engineer/Geologist 153.00/hr. J. Principal Engineer/Geologist 183.00/hr. II. Vehicle Mileage A. Personal Automobile/Truck 0.75/mile B. Auxiliary Truck Vehicle 1.00/mile C. Truck with Coring, FWD, or GPR Equipment 1.10/mile D. Truck with Warning Sign/Crash Trailer 1.20/mile E. 1-ton Truck with Drill Rig 1.20/mile F. 1% to 2%2-ton Truck with Drill Rig 1.35/mile G. CPT Truck Rig (20-ton push capacity) 1.60/mile H. Tractor/Lowboy Trailer 1.80/mile III. Equipment Rental A. Drill Rig Rental 1. Rotary Drill on 1-ton Truck 72.00/hr. 2. Rotary Drill on 1'/z to 2'/z-ton Truck 82.00/hr. 3. Rotary Drill on All -Terrain Vehicle 112.00/hr. 4. Portable, Non -rotary Rig 82.00/hr. B. Auxiliary/Specialty Vehicle Rental 1. Auxiliary Truck Vehicle 17.50/hr. 2. Truck with Warning Sign/Crash Trailer 29.00/hr. 3. Truck with Coring Equipment 45.00/hr. C. Cone (CPT) Rig/Equipment Rental 1. CPT Rig (Truck or ATV) 145.00/hr. 2. Electronic Cone w/Computer 43.00/hr. 3. Soil Sampler 4.00/hr. 4. Water Sampler 20.50/hr. D. Miscellaneous Equipment Rental 1. Field Vane Shear 325.00/day 2. Field Electrical Resistivity 250.00/day 3. Field Seismic Shear Wave (ReMi) 425.00/day 4. Inclinometer Reading Equipment 335.00/day 5. Electronic Transducer Reading 175.00/day 6. Bore Hole Permeability a. Open End Casing Method 135.00/day b. HQ Wireline Packer 330.00/day 7. Borehole Pressuremeter 70.00/hr. 8. Iowa Borehole Shear Tester 335.00/day 9. Double Ring Infiltrometer 265.00/day 10. Photoionization Detector (PID) 115.00/day 11. GPS Mapping System 15.50/hr. 12. Pile Driving Analyzer (PDA) 750.00/day 13. Calibrated SPT Rod 225.00/day 14. Pile Integrity Test (PIT) 350.00/day 15. Portable Concrete Coring Equipment 45.00/hr. 16. Pavement Testing Equipment (includes truck) a. Falling Weight Deflectometer 150.00/hr. b. Ground Penetrating Radar (GPR) 350.00/day. E. Geotechnical Software Rental 1. Geo Studio Finite Element 60.00/hr. 2. CAPWAP 35.001hr. 3. AutoCAD or Microstation 30.00/hr. 4. Wave Equation (WEAP) 20.00/hr. 5. LPILE or GROUP 20.00/hr. 6. Slope Stability (ReSSA) 20.00/hr. 7. Stabilized Earth Slopes & Walls 20.00/hr. 8. Settlement (FoSSA) 20.00/hr. 9. SHAFT 20.00/hr. F. Bit Wear- Rock Coring 1. Diamond Bit - Sedimentary Rock a) B, NQ 10.50/foot b) HQ 12.50/foot 2. Diamond Bit - Metamorphic & Igneous a) B, NQ 17.50/foot b) HQ 20.50/foot IV. Laboratory Tests of Soil A. Water Content hourly B. Dry Density (includes water content) 57.00/test C. Atterberg Limits (ASTM:D4318) 1. Plasticity Index 110.00/test 2. Liquid Limit or Plastic Limit Separately 95.00/test D. Sieve Analysis (includes 4200) 102.00/test E. Hydrometer Analysis (sieve included) 197.00/test F. Thermal Resistivity w/Proctor (ASTM:D5334) 1. As Received and Oven Dried (2 pts) 995.00/test 2. Dry Out Curve (4 pts) 1235.00/test G. Electrical Resistivity (ASTM:G57-Soil Box) 100.00/test H. Corrosion/Concrete Attack Series* price upon request I. Consolidation (up to 32 tsf) 1. With P-e curves only 475.00/test 2. With P-e curves, time curves 600.00/test I. Unconfined Compression (incl. we/density) 95.00/test J. Hand Penetrometer 10.00/test K. Organic Content of Soil 65.00/test L. Topsoil Borrow Test (Mn/DOT 3877) 295.00/test M. R-value (Hveem Stabilometer) 388.00/test N. California Bearing Ratio 1. Granular 625.00/test 2. Cohesive 710.00/test O. Proctor Tests (Methods A or B) 1. Standard 130.00/test 2. Modified 140.00/test *includes pH, chloride ion, soluble sulfates, sulfides, redox potential (resistivity not included). V. Expenses A. Direct Project Expenses: includes out -of- Cost + 15% town per diem; plowing & towing; special materials & supplies; special travel, transportation & freight; subcontracted services, and miscellaneous costs B. Equipment Replacement (when abandonment Cost is more feasible than recovery) C. Equipment Recovery (when required by Cost + 15% regulatory agencies or project specifications) The rates presented are portal-to-portal with vehicle mileage, expenses and equipment rentals being additional. Overtime for personnel charged at above cost plus 25% for over 8 hours per day or Saturday; and at above cost plus 50% for Sundays or Holidays. Hazardous work charged at an additional 25%. Night time shift work will include a premium charge of $30.00 per person per shift. O1DPM021.15 (01/16) AMERICAN ENGINEERING TESTING, INC. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 3 SECTION 1- RESPONSIBILITIES 1_1- This Service Agreement — Terms and Conditions ("terms and conditions") is applicable to all Services provided by American Engineering Testing, Inc. (AET). As used herein "Services" refers to the scope of services described in the proposal submitted by AET to Client. The proposal, these terms and conditions and any appendices attached hereto shall comprise the Agreement between AET and Client for Services described in the proposal and are binding upon the Client, its successors, assignees, joint ventures and third -party beneficiaries. AET requests written acceptance of the Agreement, but the following actions shall also constitute Client's acceptance of the Agreement: 1) issuing an authorizing purchase order for any of the Services, 2) authorizing AET's presence on site, or 3) written or electronic notification for AET to proceed with any of the Services. 1_2 — Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and property owner, site safety plans or other documents which may control or affect AET's Services. If new information becomes available during AET's Services, Client will provide such information to AET in a timely manner. Failure of Client to timely notify AET of changes to the project including, but not limited to, location, elevation, loading, or configuration of the structure or improvement will constitute a release of any liability or indemnity obligations of AET for loss or damages related to such changes. Client will provide a representative for timely answers to project -related questions by AET. 1_3 - AET is responsible only for performance of the Services. AET will not be held responsible for work or omissions by Client or any other party working on the project. The Services do not include construction management, general contracting or surveying services. AET will not be responsible for directing or supervising the work of other parties, unless specifically authorized and agreed to in writing. 1_4 — Client acknowledges the limitations inherent in sampling to characterize buried subsurface conditions. Variations in soil conditions occur between and beyond sampled/tested locations. The passage of time, natural occurrences and direct or indirect human activities at the site or distant from it may alter the actual conditions. Client assumes all risks associated with such variations in soil and subsurface conditions. 1_5 - AET is not responsible for interpretations or modifications of AEI's recommendations by other persons. 1_6 - Should changed conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1_7 — Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client requests modifications to the Agreement or use of Client's alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only to Services performed after the effective date of such amendment. The proposal and these terms and conditions, including terms of payment, shall apply to all Services performed prior to the effective date of such amendment. 1.8 - The AET proposal accompanying these terms and conditions is valid for sixty (60) days after the proposal issuance date to the Client. Any attempt to authorize Services after the expiration date is subject to AEI's right to revise the proposal as necessary. SECTION 2 - SITE ACCESS AND RESTORATION 2_1- Client will furnish AET safe and legal site access. 2_2 Client acknowledges that in the normal course of its Services, AET may unavoidably alter existing site conditions or affect the environment in the area being studied. AET will take reasonable precautions to minimize alterations to the site or existing materials. Restoration of the site is the responsibility of the Client. SECTION 3 - UNDERGROUND UTILITY AND STRUCTURE CLEARANCE 3_1- Borings, excavations and other penetrations must be located at safe distances from underground utilities or other man-made objects. Client shall advise AET of all utilities that service or are located on the site, and any underground improvements located on the site. Prior to drilling, AET will contact state notification centers, where available, or individual utility owners where a state notification center is not available, AET shall be entitled to rely on the location information provided by locating vendors. 3_2 — If Public utility owners do not provide the locating service on private property or the property owner has private underground improvements which cannot be cleared through the state notification center or public utility owners, Client shall be responsible for location of such utilities prior to drilling, or for payment of a private utility clearance subcontractor. 3_3 - AET will not be responsible for any damages to underground utilities/improvements not located or incorrectly identified by the foregoing location methods. SECTION 4 - CONTAMINATION 4_1 - Client acknowledges and accepts all contamination risks which may be associated with the Services. Risks include, but are not limited to, cross contamination created by linking contaminated zones to uncontaminated zones during the drilling process; containment and proper disposal of known or suspected hazardous materials, drill cuttings and drill fluids; and decontamination of equipment and disposal and replacement of contaminated consumables. Discovery of actual or suspected hazardous materials shall entitle AET to take immediate measures it deems necessary in its sole discretion, including regulatory notification, to protect human health and safety, and/or the environment. Further, discovery of such materials constitutes a changed condition for which Client agrees to pay associated additional cost. 4_2 - Client shall indemnify and hold AET harmless from all liability, damages, claims or costs resulting from contaminants on the site. SECTION 5 - SAFETY 5_1 - Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. If, during the course of AET's Services, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate Services. Client shall be responsible for payment of such additional protection costs. 5_2 - AET shall only be responsible for safety of AET employees at the site; the safety of all others shall be Client's or other persons' responsibility. SECTION 6 — SAMPLES 6_1 - Client shall inform AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by or submitted to AET remain the property of the Client during and after the Services, Any known or suspected hazardous material samples will be returned to the Client at AET's discretion. ACS417EG (10/14) AMERICAN ENGINEERING TESTING, INC. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 3 6_2 - Non -hazardous samples will be held for thirty (30) days and then discarded unless, within thirty (30) days of the report date, the Client requests in writing that AET store or ship the samples. Storage and shipping costs shall be borne solely by Client. SECTION 7 - PROJECT RECORDS The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a minimum of three years following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 8 - STANDARD OF CARE AET performs its Services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in this geographic area, under similar budgetary constraints. SECTION 9 - INSURANCE AET maintains insurance with coverage and limits shown below. AET will furnish certificates of insurance to Client upon request. 9_1—AET maintains the following insurance coverage and limits of liability: Workers' Compensation Employer's Liability Commercial General Liability Automobile Liability Professional Liability Insurance Statutory Limits $100,000 each accident $500,000 disease policy limit $100,000 disease each employee $1,000,000 each occurrence $1,000,000 aggregate $1,000,000 each accident $1,000,000 per claim $1,000,000 aggregate 9_2 - Commercial General Liability insurance will include coverage for Products/Completed Operations extending one (1) year after final acceptance of the Project by Owner, Property Damage including Completed Operations, Personal Injury, and Contractual Liability insurance applicable to AET's indemnity obligations under this Agreement. 9_3 -Automobile Liability insurance shall include coverage for all owned, hired and non -owned automobiles. 9_4 - Professional Liability Insurance is written on a claims -made basis and coverage will be maintained for one (1) year after final acceptance of the Project by Owner. Renewal policies during this period shall maintain the same retroactive date. 9_5 - To the extent permitted by applicable state law, and only upon Client's signing of the proposal and return of the same to AET, Client and Owner shall be named an "additional insured" on AET's Commercial General Liability Policy (Form CG D4 14 04 08, which includes blanket coverage for Products/Completed Operations and on a Primary and Non -Contributory basis) and Automobile Liability Policy. Client and Owner shall be extended "waiver of subrogation" status for applicable coverages. Any other endorsement, coverage or policy requirement shall result in additional charges. 9_6 - AET will maintain in effect all insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available, with insurance carriers licensed to do business in the state in which the project is located and having a current A.M. Best rating of no less than A minus (A-). Such insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for the policy or ten (10) days' notice for non-payment of premium. 9_7 - AET reserves the right to charge Client for AET's costs for additional coverage requirements unknown on the date of the proposal, e.g., coverage limits or policy modification including waiver of subrogation, additional insured endorsements and other project specific requirements. SECTION 10 - DELAYS If delays to AET's Services are caused by Client or Owner, work of others, strikes, natural causes, weather, or other items beyond AEI's control, a reasonable time extension for performance of work shall be granted, and AET shall receive an equitable fee adjustment. SECTION 11- PAYMENT INTEREST AND BREACH 11.1- Invoices are due net thirty (30) days. Client will inform AET of invoice questions or disagreements within fifteen (15) days of invoice date; unless so informed, invoices are deemed correct. 11.2 — Client agrees to pay interest on unpaid invoice balances at a rate of one and a half percent (1.5%) per month, or the maximum allowed by law, whichever is less, beginning thirty (30) days after invoice date. 11.3 — Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its sole discretion and without limiting any other legal or equitable remedies for such breach, to terminate performance of this Agreement and be relieved of any associated duties to the Client or other persons. Further, AET may withhold from Client data and reports in AET's possession. If Client fails to cure such breach, all reports associated with the unpaid invoices shall immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the Services. 11.4 - Client will pay all AET expenses and attorney fees relating to collection of past due invoices. SECTION 12 - MEDIATION 12.1- Except for enforcement of AET's rights to payment for Services rendered or to assert and/or enforce its lien rights, including without limitation assertion and enforcement of mechanic's lien rights and foreclosure of the same, Client and AET agree that any claim, dispute or other matter in ACS417EG (10/14) AMERICAN ENGINEERING TESTING, INC. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3 of 3 question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party; provided however that if either party fails to respond to a request for mediation within sixty (60) days, the party requesting mediation may without further notice, proceed to arbitration or the institution of legal or equitable proceedings. 12.2 - Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall share the mediator's fee and any filing fees equally. The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 13 - LITIGATION REIMBURSEMENT Except for matters relating to non-payment of fees, which is governed by Section 9.4 hereof, payment of attorney's fees and costs associated with lawsuits or arbitration of disputes between AET and Client, which are dismissed or are judged substantially in either party's favor, shall be paid by the non -prevailing party. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and AET costs. SECTION 14 - MUTUAL INDEMNIFICATION 14.1 - Subject to the limitations contained in Sections 13 and 14, AET agrees to indemnify Client from and against damages and costs to the extent caused by AET's intentional acts or negligent performance of the Services. 14.2 - Client agrees to indemnify AET from and against damages and costs to the extent caused by the intentional acts or negligence of the Client, Owner, Client's contractors and subcontractors or other third parties. 14.3 - If Client has an indemnity agreement with other persons or entities relating to the project for which AET's Services are performed, the Client shall include AET as a beneficiary. 14.4 - AET's indemnification to the Client, including any indemnity required or implied by law, is limited solely to losses or damages caused by its failure to meet the standard of care and only to the extent of its negligence or intentional acts. SECTION 15- WAIVER OF CONSEQUENTIAL DAMAGES NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES INCURRED EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS FORESEEABLE. CONSEQUENTIAL DAMAGES INCLUDE, BUT ARE NOT LIMITED TO LOSS OF USE AND LOSS OF INCOME OR PROFIT. SECTION 16 - LIMITATION OF LIABILITY Client agrees to limit AET's liability to Client resulting from AET's negligent acts, errors or omissions, such that the total liability of AET shall not exceed $50,000. SECTION 17 — UNIONIZATION AET reserves the right to negotiate an appropriate fee increase or to terminate its contract on three (3) days written notice to Client without incurring penalties or costs from Client, Owner and their successors, assignees, joint -venturers, contractors and subcontractors, or any other parties involved with the project for claims, liabilities, damages or consequential damages, directly or indirectly related to AET being required to provide unionized personnel on the project. Reservation of this right on the part of AET represents neither approval nor disapproval of unions in general or the use of collective bargaining agreements. SECTION 18 - POSTING OF NOTICES ON EMPLOYEE RIGHTS Effective June 21, 2010, prime contracts with a value of $100,000 or more and signed by federal contractors on projects with any agency of the United States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employees of their rights under Federal labor laws. The required notice may be found at 29 Code of Federal Regulations Part 471, AppendixA to Subpart A. The regulation also has a "flow -down" requirement for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster. SECTION 19 -TERMINATION After 7 days written notice, either party may elect to terminate this Agreement for justifiable reasons. In this event, the Client shall pay AET for all work performed, including demobilization and reporting costs to complete the file. SECTION 20 - SEVERABILITY Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision, SECTION 21- GOVERNING LAW This Agreement shall be construed in accordance with the Laws of the State of Iowa without regard to its conflicts of law provisions. SECTION 22 - ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client. Regardless of method of acceptance of this Agreement by the Client, this Agreement supersedes any previous written or oral agreements, including purchase/work orders or other Client agreements submitted to AET after the start of our Services. Any modifications to this Agreement must be mutually acceptable to both parties and accepted in writing. No considerations will be given to revisions to AET's terms and conditions or alternate contract format submitted by the Client as a condition for payment of AET's accrued Services. ACS417EG (10/14) AMERICAN ENGINEERING TESTING, INC. CONCEPT PLAN 10/06/2015 ST. CROIX RIVER NOTE: SITE EROSION CONTROL WILL CONSIST OF FIBER ROLLS ABOVE OHW. NO SILT CURTAIN WILL BE INSTALLED DUE TO \ \ ITS INEFFECTIVENESS AT CONTROLLING SEDIMENT DISPERSAL IN FLOWING WATER. SEE ATTACHED DETAIL FOR PROPOSED \ \ \ \ \ t EXCAVATION DEPTH FOR PLANK INSTALLATION. \ \ \ CONSIDER RE -GRADING UPPER \ , LANDING AREA TO SLOPE TO THE \ \ NORTHWEST INTO A TEMPORARY SEDIMENTRASIN BUILD UP GRADE (APPROX. 6") TO DIRECT --- -* WATER AWAY FROM TOP OF RAMP POTENTIAL PICNIC LOCATION WITH ROOM I'._� I `I FOR INTERPRETIVE HISTORICAL SIGNAGE I Approximate location of soil borings REINFORCED CONCRETE DRIVE RAMP / ° OVER STONE BASE AND GEOTEXTILE SB-1 STABILIZE WASHED OUT FOOT °e PATH WITH ROUGH CUT STONE STAIR 24% \ \ - /? r EROSION CONTROL �.� FIBER ROLL x � % 12; ° 1 REMOVE ONE 8"TREETO ELIMINATE LONG-TERM STABLIZATION ISSUES v 1 %20 lope DRAINTILE PIPE WITH STABLIZED OUTLET 4 SB-2 1 STABILIZE ROADWAY BANKS WITH 18-36" _ 1 BOULDERS OVER GEOTEXTILE FABRIC; SEED DISTURBED SLOPES WITH NATIVE; u� SEED MIX AND FIBER BLANKET /%i��, /� 9 2-3" CLEAR AGGREGATE SPILLWAYTO x = 1 DISSIPATE FLOWS AND PREVENT EROSION (32) 12' WIDE CONCRETE PLANKS; SUPPLIED BY MN DNR; ANGLE RAMP , \ DOWNSTREAM 14° OF PERPENDICULAR (SEE ATTACHED DNR STANDARD DETAIL) DISTURBANCE AREA BELOW OHW - o aa ie 616 SF %. ,. LOGHOUSE LANDING BOAT RAMP STABILIZATION B RAU N I NTE RTEC The Science You Build On. January 22, 2016 Ms. Katie Warner, PE Bolton & Menk, Inc. 2035 County Road D East, Suite B Maplewood, MN 55109-5314 Re: Proposal for a Geotechnical Evaluation Log House Landing Boat Launch Stabilization 2051h Street N. Scandia, Minnesota Dear Ms. Warner: Braun Intertec Corporation Phone: 651.487.3245 1826 Buerkle Road Fax: 651.487.1812 Saint Paul, MN 55110 Web: braunintertec.com Proposal QTB032844 Braun Intertec Corporation respectfully submits this proposal to complete a geotechnical evaluation for the Log House Landing Boat Launch Project located in the City of Scandia. Our Understanding of Project Per the information provided, we understand the City of Scandia is requesting geotechnical services be performed at the Log House Landing Boat Launch site. We understand that the usage of the landing generally includes pickup trucks with fishing boats and will require periodic access with a front end loader by the public works department of the city of Scandia. It is our understanding that the ramp at the site is to be improved with a concrete pavement as indicated on the concept plan provided to us. Purpose The purpose of our geotechnical evaluation will be to characterize subsurface geologic conditions at selected exploration locations and evaluate their impact on the design and construction of the log house landing boat launch. Scope of Services The following tasks are proposed to help achieve the stated purpose. If unfavorable or unforeseen conditions are encountered at any point during the completion of the tasks that lead us to recommend an expanded scope of services, we will contact you to discuss the conditions before resuming work. Site Access, Staking and Utility Clearance Based on our discussions, we assume the site will require an all -terrain drill rig. We will stake prospective subsurface exploration locations and obtain surface elevations at those locations using GPS (Global Positioning System) technology. Depending on access requirements, ground conditions or potential utility conflicts, our field crew may alter the exploration locations from those proposed to facilitate accessibility. Bolton & Menk, Inc. Proposal QTB032844 January 22, 2016 Page 2 Prior to drilling or excavating, we will contact Gopher State One Call and arrange for notification to the appropriate utility vendors to mark and clear the exploration locations of public underground utilities. You or your authorized representative are responsible to notify us before we begin our work of the presence and location of any underground objects or private utilities that are not the responsibility of public agencies. Penetration Test Borings As requested, we will drill two standard penetration test borings within the existing gravel road, extending them to a depth of 10 feet. Standard penetration tests will be performed at 2 1/2-foot vertical intervals to the termination depth. If groundwater is encountered in the boreholes, the depth where it is observed will be recorded on the boring logs. If existing fill, organic materials or other structurally unfavorable soils are not penetrated above the intended boring termination depths, we will extend the borings to obtain at least five feet of penetration into more competent materials at greater depths. The additional information will help evaluate such issues as excavation depth, consolidation settlement, and foundation alternatives, among others. If deeper borings (or additional borings) are needed, we will contact you prior to increasing our total estimated drilled footage and submit a Change Order summarizing the anticipated additional effort and the associated cost, for your review and authorization. Borehole Abandonment Minnesota Well Code requires sealing of any boring or core that encounters groundwater and is either greater than 25 feet deep or penetrates a confining layer. Based on the intended exploration depths, we do not anticipate the need to seal the boreholes. The boreholes will be backfilled with auger cuttings. If any of the borings encounter groundwater, the borings will be sealed, and we will submit a change order summarizing the costs associated with this. Sample Review and Laboratory Testing Soil samples will be returned to our laboratory, where they will be visually classified and logged by a geotechnical engineer. To help classify the materials encountered and estimate their engineering properties, we have budgeted to perform 2 moisture content tests and 1 mechanical analysis (through a #200 sieve only) test. Reporting Data obtained from the borings and laboratory tests will be used to prepare a report, including: ■ A CAD sketch of the boring locations with corresponding boring numbers identified. ■ Logs of the borings describing the materials encountered and the results of our laboratory tests. The depth to groundwater will be identified if encountered during drilling. BRAUN INTERTEC Bolton & Menk, Inc. Proposal QTB032844 January 22, 2016 Page 3 ■ A written summary of the subsurface profile and groundwater conditions. Discussion related to the suitability of the site for the design and construction for the proposed facility. Recommendations for the design of the pavement structure of the Log House Landing Boat Launch. Only an electronic copy of our report will be submitted to you unless you request otherwise. At your request, the report can also be sent to additional project team members. Additional Services If borings must be extended beyond their intended termination depths, we will charge an additional $35 per lineal foot beyond the originally intended termination depth. Additional site mobilizations will be charged at $500 per day. Cost We will furnish the services described in this proposal for an estimated fee of $4,091.50. A tabulation showing hourly and/or unit rates associated with our proposed scope of services is attached. Our work may extend over several invoicing periods. As such, for work that is performed during the course of each invoicing period, we will submit partial progress invoices. Schedule We anticipate the field exploration can begin within approximately two to three weeks of written authorization; the field exploration will take 1 day to complete. Sample classification, laboratory testing, engineering analyses and report preparation will likely take an additional week. We will pass along results, however, as they are obtained and reviewed. We anticipate we can submit our report by approximately three weeks of written authorization. If our proposed scope of services cannot be completed according to this schedule due to circumstances beyond our control, we may need to revise this proposal prior to completing the remaining tasks. General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. Please sign and return a copy to us in its entirety. BRAUN INTERTEC Bolton & Menk, Inc. Proposal QTB032844 January 22, 2016 Page 4 The proposed fee is based on the scope of services described and the assumptions that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. To have questions answered or schedule a time to meet and discuss our approach to this project further, please call Josh Cook at 612.437.0424. Sincerely, BRAUN INTERTE CO PORATION Jo i4 uaN. Cook, EIT Engineer -In -Training Daniel E. Wegman, PE Principal Engineer Attachments: Cost Estimate General Conditions (9/1/13) The proposal is accepted, and you are authorized to proceed. Authorizer's Firm Authorizer's Signature Authorizer's Name (please print or type) Authorizer's Title Date BR1.1UN INTERTEC BRAUN INTERTEC The Science You Build On. Client: Bolton & Menk, Inc Katie Warner Attn: Accounts Payable 1960 Premier Drive Mankato, MN 56001 701.566.5339 Project Proposal QTB032844 Log House Landing Boat Launch Work Site Address: Service Description: 205th St. N Geotechnical Evaluation Scandia, MN Description Quantity Units Unit Price Extension Phase 1 Geotechnical Evaluation Activity 1.1 Drilling Services 9200 Track Mounted Drill Rig and Crew, per hour Activity 1.2 Site Layout - Staking - Utility Clearance - CADD 205 Site layout and utility clearance 288 Project Assistant 5099 Trimble R8 Rover (horizontal and vertical), per hour 3753 Soil Boring Location Sketch Scaled 1862 DRIL Trip Charge Activity 1.3 Laboratory Testing 1166 200 wash (ASTM C 117), per sample 1152 Moisture content (ASTM D 2216), per sample Activity 1.4 Engineering 138 Project Assistant 121 Engineer -in -Training 226 Project Manager 128 Senior Engineer $2,130.00 5.00 Each 426.00 $2,130.00 $631.50 2.50 Hour 88.00 $220.00 0.50 Hour 88.00 $44.00 2.50 Each 45.00 $112.50 1.00 Each 150.00 $150.00 1.00 Each 105.00 $105.00 $120.00 1.00 Each 80.00 $80.00 2.00 Each 20.00 $40.00 $1,210.00 1.00 Hour 85.00 $85.00 8.00 Hour 110.00 $880.00 0.50 Hour 130.00 $65.00 1.00 Hour 180.00 $180.00 Phase 1 Total: $4,091.50 Proposal Total: 1 $4,091.50 01/22/2016 01:35 PM Page 1 of 1 General Conditions Section 1: Our Agreement 1.1 Our agreement ("Agreement") with you consists of these General Conditions and the accompanying written proposal or authorization. This Agreement is our entire agreement. It supersedes prior agreements. It may be modified only in a writing signed by us, making specific reference to the provision modified. 1.2 The words "you," "we," "us," and "our" include officers, employees, and subcontractors. 1.3 In the event you use a purchase order or other form to authorize our services, any conflicting or additional terms are not part of our Agreement. Directing us to start work prior to execution of this Agreement constitutes your acceptance. If, however, mutually acceptable terms cannot be established, we have the right to withdraw our proposal without liability to you or others, and you will compensate us for services already rendered. Section 2: Our Responsibilities 2.1 We will provide the services specifically described in our Agreement with you. You agree that we are not responsible for services that are not fairly included in our specific undertaking. Unless otherwise agreed in writing, our findings, opinions, and recommendations will be provided to you in writing. You agree not to rely on oral findings, opinions, or recommendations without our written approval. 2.2 In performing our professional services, we will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of our profession practicing in the same locality. If you direct us to deviate from our recommended procedures, you agree to hold us harmless from claims, damages, and expenses arising out of your direction. 2.3 We will reference our field observations and sampling to available reference points, but we will not survey, set, or check the accuracy of those points unless we accept that duty in writing. Locations of field observations or sampling described in our report or shown on our sketches are based on information provided by others or estimates made by our personnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. You accept the inherent risk that samples or observations may not be representative of things not sampled or seen and, further, that site conditions may change over time. 2.4 Our duties do not include supervising your contractors or commenting on, overseeing, or providing the means and methods of their work, unless we accept such duties in writing. We will not be responsible for the failure of your contractors to perform in accordance with their undertakings, and the providing of our services will not relieve others of their responsibilities to you or to others. 2.5 We will provide a health and safety program for our employees, but we will not be responsible for contractor, job, or site health or safety unless we accept that duty in writing. 2.6 You will provide, at no cost to us, appropriate site safety measures as to work areas to be observed or inspected by us. Our employees are authorized by you to refuse to work under conditions that may be unsafe. 2.7 Estimates of our fees or other project costs will be based on information available to us and on our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. Section 3: Your Responsibilities 3.1 You will provide us with prior geotechnical and other reports, specifications, plans, and information to which you have access about the site. You agree to provide us with all plans, changes in plans, and new information as to site conditions until we have completed our work. 3.2 You will provide access to the site. In the course of our work some site damage is normal even when due care is exercised. We will use reasonable care to minimize damage to the site. We have not included the cost of restoration of normal damage in the estimated charges. 3.3 You agree to provide us, in a timely manner, with information that you have regarding buried objects at the site. We will not be responsible for locating buried objects at the site unless we accept that duty in writing. You agree to hold us harmless from claims, damages, losses, and related expenses involving buried objects that were not properly marked or identified or of which you had knowledge but did not timely call to our attention or correctly show on the plans you or others on your behalf furnished to us. 3.4 You will notify us of any knowledge or suspicion of the presence of hazardous or dangerous materials in a sample provided to us. You agree to provide us with information in your possession or control relating to contamination at the work site. If we observe or suspect the presence of contaminants not anticipated in our Agreement, we may terminate our work without liability to you or to others, and we will be paid for the services we have provided. 3.5 Neither this Agreement nor the providing of services will operate to make us an owner, operator, generator, transporter, treater, storer, or a disposal facility within the meaning of the Resource Conservation Recovery Act, as amended, or within the meaning of any other law governing the handling, treatment, storage, or disposal of hazardous materials. You agree to hold us harmless and indemnify us from any such claim or loss. 3.6 Monitoring wells are your property, and you are responsible for their permitting, maintenance, and abandonment unless we accept that duty in writing. 3.7 You agree to make disclosures required by law. In the event you do not own the site, you acknowledge that it is your duty to inform the owner of the discovery or release of contaminants at the site. You agree to hold us harmless and indemnify us from claims related to disclosures made by us that are required by law and from claims related to the informing or failure to inform the site owner of the discovery of contaminants. Section 4: Reports and Records 4.1 Unless you request otherwise, we will provide our report in an electronic format. 4.2 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and they remain our property but are subject to a license to you for your use in the related project for the purposes disclosed to us. You may not transfer our reports to others or use them for a purpose for which they were not prepared without our written approval. You agree to indemnify and hold us harmless from claims, damages, losses, and expenses, including attorney fees, arising out of such a transfer or use. At your request, we will provide endorsements of our reports or letters of reliance, but only if the recipients agree to be bound by the terms of our agreement with you and only if we are paid the administrative fee stated in our then current Schedule of Charges. 4.3 Because electronic documents maybe modified intentionally or inadvertently, you agree that we will not be liable for damages resulting from change in an electronic document occurring after we transmit it to you. 4.4 If you do not pay for our services in full as agreed, we may retain work not yet delivered to you and you agree to return to us all of our work that is in your possession or under your control. 4.5 Samples and field data remaining after tests are conducted and field and laboratory equipment that cannot be adequately cleansed of contaminants are and continue to be your property. They may be discarded or returned to GC Page 1 of 2 you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. 4.6 Electronic data, reports, photographs, samples and other materials provided by you or others may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. Section 5: Compensation 5.1 You will pay for services as agreed upon or according to our then current Schedule of Charges if there is no other written agreement as to price. An estimated cost is not a firm figure. You agree to pay all sales taxes and other taxes based on your payment of our compensation. Our performance is subject to credit approval and payment of any specified retainer. 5.2 You will notify us of billing disputes within 15 days. You will pay undisputed portions of invoices on receipt. You agree to pay interest on unpaid balances beginning 30 days after invoice dates at the rate of 1.5% per month, or at the maximum rate allowed by law. 5.3 If you direct us to invoice another, we will do so, but you agree to be responsible for our compensation unless you provide us with that person's written acceptance of all terms of our Agreement and we agree to extend credit to that person and to release you. 5.4 Your obligation to pay for our services under this Agreement is not contingent on your ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of lawsuit in which we are not involved, your successful completion of a project, receipt of payment from another, or any other event. No retainage will be withheld. 5.5 If you do not pay us within 60 days of invoice date, you agree to reimburse our expenses, including but not limited to attorney fees, staff time, and other costs of collection. 5.6 You agree to compensate us in accordance with our fee schedule if we are asked or required to respond to legal process arising out of a proceeding related to the project and as to which we are not a party. 5.7 If we are delayed by factors beyond our control, or if project conditions or the scope or amount of work change, or if changed labor union conditions result in increased costs, decreased efficiency, or delays, or if the standards or methods change, we will give you timely notice and we will receive an equitable adjustment of our compensation. If you and we do not reach agreement on such compensation within 30 days of our written application, we may terminate without liability to you or others. 5.8 If you fail to pay us within 60 days following invoice date, we may consider the default a total breach of our Agreement and, at our option, terminate our duties without liability to you or to others. 5.9 In consideration of our providing insurance to cover claims made by you, you hereby waive any right of offset as to fees otherwise due us. Section 6: Disputes, Damage, and Risk Allocation 6.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will include, but not be limited to, a meeting(s) attended by each party's representative(s) empowered to resolve the dispute. Before either of us commences an action against the other, disputes (except collections) will be submitted to mediation. 6.2 Neither of us will be liable for special, incidental, consequential, or punitive damages, including but not limited to those arising from delay, loss of use, loss of profits or revenue, loss of financing commitments or fees, or the cost of capital. 6.3 We will not be liable for damages unless suit is commenced within two years of the date of injury or loss or within two years of the date of substantial completion of our services, whichever is earlier. We will not be liable unless you have notified us of the discovery of the claimed breach of contract, negligent act, or omission within 30 days of the date of discovery and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages. You agree not to make a claim against us unless you have provided us at least 30 days prior to the institution of any legal proceeding against us with a written certificate executed by an appropriately licensed professional specifying and certifying each and every act or omission that you contend constitutes a violation of the standard of care governing our professional services. 6.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability for all claims will not exceed the fee paid for our services or $50,000, whichever is greater. If you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that, within 10 days of the date of our Agreement, you provide payment in an amount that will increase our fees by 10%, but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 6.5 You agree to indemnify us from all liability to others in excess of the risk allocation stated above and to insure this obligation. 6.6 The prevailing party in any action relating to this Agreement shall be entitled to recover its costs and expenses, including reasonable attorney fees, staff time, and expert witness fees. 6.7 The law of the state in which our servicing office is located will govern all disputes. Each of us waives trial by jury. No officer or employee acting within the scope of employment shall have individual liability for his or her acts or omissions, and you agree not to make a claim against individual employees. Section 7: General Indemnification 7.1 We will indemnify and hold you harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by our negligent acts or omissions or those negligent acts or omissions of persons for whom we are legally responsible. You will indemnify and hold us harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by your negligent acts or omissions or those negligent acts or omissions of persons for whom you are legally responsible. 7.2 To the extent it maybe necessary to indemnify either of us under Section 7.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. 7.3 You agree to indemnify us against losses and costs arising out of claims of patent or copyright infringement as to any process or system that is specified or selected by you or by others on your behalf. Section 8: Miscellaneous Provisions 8.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by our sole negligence. 8.2 You and we, for ourselves and our insurers, waive all claims and rights of subrogation for losses arising out of causes of loss covered by our respective insurance policies. 8.3 Neither of us will assign nor transfer any interest, any claim, any cause of action, or any right against the other. Neither of us will assign or otherwise transfer or encumber any proceeds or expected proceeds or compensation from the project or project claims to any third person, whether directly or as collateral or otherwise. 8.4 Our Agreement maybe terminated early only in writing. We will receive an equitable adjustment of our compensation in the event of early termination. 8.5 If a provision of this Agreement is invalid or illegal, all other provisions shall remain in full force and effect. GC Revised 9/1/2013 Page 2 of 2