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
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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.
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