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ITEM 3.6 Water Tower #4 City Project 20.08O tSTY F O MINNESOT V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Public Works City Engineer Wagner August 10, 2020 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.6 STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends the City Council accept proposals and award the Geotechnical Exploration contract for Water Tower #4, City Project No. 20-08. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/J U STI A CATION: In anticipation of constructing Water Tower #4 in 2021, acquisition of property is pending. To start the design for the water tower and to verify that this site is suitable location for the proposed 1.5 MG water tower, soil borings and a geotechnical report is needed. Staff has been in communication with a number of leading water tower contractors to ensure sufficient information is gathered for the bidding and construction of the water tower. Request for proposals were sent out to two local geotechnical engineering firms to gather the technical requirements. The following quotes were received: ■ Braun Intertec Corporation: $25,515.00 ■ Haugo Geotechnical Services: $22,000.00 City Staff recommends that Braun Intertec Corporation be awarded the Geotechnical Exploration on this project, even though they are not the lowest cost proposal. After a number of discussions, it is our opinion that they submitted a more detailed proposal and will provide a more in-depth analysis on the water tower's foundation needs in their report. SUPPORTING DOCUMENTS ATTACHED: • Geotechnical Exploration Proposals • Soil Boring Location Map POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to accept proposals and award the contract for the Water Tower #4 Geotechnical Exploration, City Project No. 20-08 to Braun Intertec Corporation of St. Cloud, MN in the amount of $25,515.00. BUDGET INFORMATION FUNDING: BUDGETED: Fund 601— Water Utility Yes Jeff Haydon June 5, 2020 Page 3 Water Tower #4 Geotechnical Exploration CITY OF OTSEGO, MN GEOTECHNICAL EXPLORATION PROPOSAL FORM Schedule "A" — Proposal Unit Item Description Quantity Unit Price Extension $4000 1 Soil Borin s (includes lab testing) 5 EA EA $1000 2 Geotechnical Report 1 LS LS $500 3 Foundation Design 1 LS LS Prepare Field/Construction $500 4 Testing Program 1 I LS LS Total Proposal $22,000 Project Schedule: The soil borings can be completed within to working days of being notified. The report can be completed within 25 working days of being notified. Borings and Report must be completed by August 1, 2020. By: Lucas Mol Signed: V-I-t�-- -� Company: Haugo Geotechnical Services Title: Project Manager Date: 6/19/2020 I--lil Hakanson Anderson Haugo GeoTechnical Services 2825 Cedar Avenue South Minneapolis, MN 55407 Website: www.Hatigogis.com BORINGS # BORINGS 500 MOBILIZATION 501 SPT DRILLING (0-30') 501 SPT DRILLING (30-50') 501 SPT DRILLING (50'-100') 501 SOIL BORINGS - SPT DRILLING 501 SOIL BORINGS - SPT DRILLING 206 HAND AUGER PROBE 513 GROUT BORINGS - SEALING ADDITION FIELD WORK 521 SNOW REMOVAL 528 SHELBY TUBE BITUMINIOUS PATCHING LAB TESTING 408 MOISTURE CONTENT 403 SIEVE ANALYSIS (BAG SAMPLE) 407 #200 WASH 414 #200 WASH & FINE SIEVE ATTERBURG UNCONFINED COMPRESSION UNCONFINED COMPRESSION - ROCK DIRECT SHEAR SPLITTING TENSILE STRENGTH TRIAXIAL COMPRESSION SPECIFIC GRAVITY SOIL CONSOLIDATION 413 HYDROMETER PROJECT DETAILS 503 UTILITY MEET PRIVATE UTILITY LOCATE 612 PROJECT ENGINEER 518 PROJECT PERMIT 519 MDH PAPERWORK HOTS Project # 20-0479 Client: City of Otsego Water Tower #4 Tabie i Summary of Estimated tab Testing QTY I UNITS I PRICE($) SUM($) DEPTH EACH 750 LF 18 LF 22 LF 25 LF LF EACH 150 LF 4 HOUR 175 25 EACH 70 1750 LS 50 25 TEST 20 500 5 TEST 130 650 TEST 35 TEST 60 5 TEST 115 575 10 TEST 150 1500 TEST 185 5 TEST 245 1225 TEST 125 1 TEST 240 240 TEST 155 TEST 630 TEST 200 LS 100 LS 500 HOUR 120 EACH 75 HOUR 90 TOTAL $ 6,440.00 B RAU N INTERTEC The Science You Build On. June 19, 2020 Ron Wagner, PE Hakanson Anderson Associates, Inc. 3601 Thurston Avenue, Suite 101 Anoka, MN 55303 Re: Proposal for a Geotechnical Evaluation Water Tower 4 70th Street Otsego, Minnesota Dear Ron: Braun Intertec Corporation Phone: 320.253.9940 3900 Roosevelt Road, Suite 113 Fax: 320.253.3054 Saint Cloud, MN 56301 Web: braunintertec.com Proposal QTB122464 Braun Intertec Corporation respectfully submits this proposal to complete a geotechnical evaluation for the proposed water tower at the referenced site. Project Information Per the RFP provided by Hakanson Anderson and dated June 5, we understand the proposed project will include the construction of a 1.5 million gallon water tower on the property located in the southeast corner of the intersection of 70th Street and Mcallister Avenue. The water tower will have a base diameter of about 72 feet. Purpose The purpose of our geotechnical evaluation will be to characterize subsurface geologic conditions at selected boring locations, evaluate their impact on the project, and provide geotechnical recommendations for the design and construction of the water tower. Scope of Services We propose the following tasks to help achieve the stated purpose. If we encounter unfavorable or unforeseen conditions during the completion of our tasks that lead us to recommend an expanded scope of services, we will contact you to discuss the conditions before resuming our services. Site Access Based on aerial photographs, we assume the site is accessible to a truck drill rig. We assume there will be no cause for delays in accessing the boring locations. We are not including tree clearing, debris or obstruction removal, grading of navigable paths, or snow plowing. Depending on access requirements, ground conditions or potential utility conflicts, our field crew may alter the boring locations from those proposed to facilitate accessibility. AA/EOE Hakanson Anderson Associates, Inc. Proposal QTB122464 June 19, 2020 Page 2 Our drilling activities may also impact the vegetation and may rut the surface to access boring locations. Restoration of vegetation and turf is not part of our scope of services. Staking You indicated Hakanson Anderson Associates, Inc., will stake the proposed soil boring locations and provide the ground surface elevations. Utility Clearance Prior to drilling or excavating, we will contact Gopher State One Call and arrange for notification of the appropriate utility vendors to mark and clear the boring 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 5 standard penetration test borings for the water tower, extending each to a depth of 100 feet. We will perform standard penetration tests at 2 1/2-foot vertical intervals to a depth of about 20 feet, and at 5- to 10-foot intervals at greater depths. We have also made provisions to obtain 8 thin -walled tube samples of the soils encountered for laboratory testing. If the borings encounter groundwater during or immediately after drilling of each boring, we will record the observed depth on the boring logs. If the intended boring depths do not extend through unsuitable material, we will extend the borings at least 5 feet into suitable material at greater depths. The additional information will help evaluate such issues as excavation depth, consolidation settlement, and foundation alternatives, among others. If we identify a need for deeper (or additional) borings, 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. MDH Notification We are planning for the borings to be 25 feet or deeper. Therefore, the Minnesota Statutes requires us to both (1) submit to the Minnesota Department of Health (MDH) by mail a "Sealing Notification Form", and (2) submit a Sealing Record after our completion of the borings. The Sealing Notification Form requires a signature of the current property owner, or their agent, and we need to submit this to the MDH prior to our mobilization to the site. We are attaching a copy of the Sealing Notification Form at the end of this proposal for your signature. Our proposal includes the fees for the MDH Sealing Notification and the Sealing Record. Borehole Abandonment We will backfill our boring locations immediately after completing the drilling at each location. Minnesota Statutes require sealing temporary borings that are 15 feet deep or deeper. Based on our proposed subsurface characterization depths, we will seal 500 linear feet of borings with grout. BRAUN INTERTEC Hakanson Anderson Associates, Inc. Proposal QTB122464 June 19, 2020 Page 3 Sealing boreholes with grout will prevent us from disposing of auger boring cuttings in the completed boreholes. Unless you direct us otherwise, we intend to thin -spread the cuttings around the boreholes. If we cannot thin -spread cuttings, we will put them in a container left on site. We can provide off -site disposal of the cuttings for an additional fee. Overtime, subsidence of borehole backfill may occur, requiring releveling of surface grades or replacing bituminous or concrete patches. We are not assuming responsibility for re -leveling or re -patching after we complete our fieldwork. Sample Review and Laboratory Testing We will return recovered samples to our laboratory, where a geotechnical engineer will visually classify and log them. To help classify the materials encountered and estimate the engineering properties necessary to our analyses, we anticipate performing to following tests: • 20 moisture content tests • 4 mechanical analyses (through a #200 sieve only) • 4 Atterberg limits tests • 4 unconfined compression tests • 2 consolidation tests We will adjust the actual number and type of tests based on the results of our borings. Engineering Analyses We will use data obtained from the boring and laboratory tests to evaluate the subsurface profile and groundwater conditions, and to perform engineering analyses related to structure and pavement design and performance. Report We will prepare a report including: ■ A sketch showing the boring locations. ■ Logs of the borings describing the materials encountered and presenting the results of our groundwater measurements and laboratory tests. ■ A summary of the subsurface profile and groundwater conditions. ■ Discussion identifying the subsurface conditions that will impact design and construction. ■ Discussion regarding the reuse of on -site materials during construction. ■ Recommendations for preparing structure subgrades, and the selection, placement and compaction of fill. ■ Recommendations for the design and construction of a spread footing foundation. BRAUN INTERTEC Hakanson Anderson Associates, Inc. Proposal QTB122464 June 19, 2020 Page 4 ■ Recommendations for pile supported foundation, if necessary, including recommended pile size, working capacity and estimated lengths. We will only submit an electronic copy of our report to you unless you request otherwise. At your request, we can also send the report to additional project team members. Schedule We anticipate performing our work according to the following schedule. ■ Drill rig mobilization —within about 2 weeks following receipt of written authorization ■ Field exploration — 5 days on site to complete the work ■ Classification and laboratory testing —within 1 to 2 weeks after completion of field exploration ■ Preliminary results —within 2 weeks after completion of field exploration ■ Draft report submittal — within about 2 weeks of completing the field work ■ Final report submittal — within 5 days of receiving comments on the draft report If we cannot complete our proposed scope of services according to this schedule due to circumstances beyond our control, we may need to revise this proposal prior to completing the remaining tasks. Fees We will furnish the services described in this proposal for a estimated fee of $25,515. We are attaching a tabulation showing hourly and/or unit rates associated with our proposed scope of services. Our work may extend over several invoicing periods. As such, we will submit partial progress invoices for work we perform during each invoicing period. 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. We based the proposed fee on the scope of services described and the assumptions that you will authorize our services within 30 days and that others will not delay us beyond our proposed schedule. BRAUN INTERTEC Hakanson Anderson Associates, Inc. Proposal QTB122464 June 19, 2020 Page 5 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 contact Steve Thayer at 320.980.3187 or Brett Gruber at 320.428.8578. Sincerely, BRAUN INTERTEC CORPORATION Steven A. Thayer, PE Senior Engineer Joseph C. Butler, PE Senior Engineer Attachments: Project Proposal MDH Notification Form General Conditions (1/1/18) Geotechnical Exploration Proposal Form 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 BRAUN INTEKI LC: B RAU N Project Proposal I NTE RTEC QTB122464 Otsego Water Tower 4 The Science You Build On. Client: Work Site Address: (Service Description: Hakanson Anderson Associates Inc. 70th Street Geotechnical Evaluation Ron Wagner Otsego, MN 55301 3601 Thurston Ave Ste 101 ,Anoka, MN 55303 (763) 427-5860 i Description Quantity; Units Unit Price; Extension Phase 1 Geotechnical Evaluation Activity 1.1 Site Layout - Staking - Utility Clearance - CADD $100.00 205 Site layout and utility clearance 1.00, Hour 100.00 $100.00 Activity 1.2 ,Drilling Services $19,035.00, 9100 Truck or Flotation Tire Drill Rig and Crew, per hour 55.00: Each 325.00 $17,875.00 1022 Thin -walled sample tubes (ASTM D 15 87), each 8.00; Each 20.00 $160.00 9726 Bore hole abandonment, per foot 500.00Each 2.00: $1,000.00; Activity 1.3 Geotechnical Soil Tests $2,380.00' 1166 Loss by Washing Through #200 Sieve, per sample 4.00, Each 60.00 $240.00' 11157 Atterberg Limits LL and PL, Multi -Point, per sample 4.00' Each 130.00, $520.00I 1152 Moisture content, per sample 20.00. Each 15.00 $300.00 11198 Consolidation testing, time -rate, ASTM D2435, per sample 2.00, Each 500.00 $1,000.00. 1186 Unconfinced Compression, per sample 4.00 Each 80.00 $320.00, Activity 1.4 Evaluation/Analysis/Reports $3,280.00, 138 Project Assistant 4.00 Hour 80.00 $320.00' 126 Project Engineer 15.00 Hour 140.00 $2,100.00' 128 Senior Engineer 4.00 Hour 180.00' $720.00' 125 Project Manager 1.00 Hour 140.00 $140.00 Activity 1.5 Foundation Design Review/Testing Specs $720.00 128 Senior Engineer 4.00 Hour ' 180.00' $720.00 Phase 1 Total: $25,515.00 Proposal Total: $25,515.00 06/19/2020 11:56 AM Page 1 of 1 B RAU N INTERTEC The Science You Build On. June 19, 2020 Ron Wagner, PE Hakanson Anderson Associates, Inc. 3601 Thurston Avenue, Suite 101 Anoka, MN 55303 Re: Proposal for a Geotechnical Evaluation Water Tower 4 70th Street Otsego, Minnesota Dear Ron: Braun Intertec Corporation Phone: 320.253.9940 3900 Roosevelt Road, Suite 113 Fax: 320.253.3054 Saint Cloud, MN 56301 Web: braunintertec.com Proposal QTB122464 Please have the property owner, representative or agent complete the "Well Owner" section only of the Minnesota Department of Health (MDH) Well Sealing Notification form below and return it to Braun Intertec along with the signed proposal. We will complete the remainder of the form and submit it to the MDH. NOTE: This form must be completed and returned to Braun Intertec prior to us scheduling the mobilization of our equipment and crews to the project site. WELL SEALING NOTIFICATION -WELL SEALING NOTIFICATION IS VALID FOR 18 MONTHS Minnesota Unique Wall No. or W-sedo s No. (Leave blank if not known) Minnesota Well and Boring Sealing No. Send notification form and payment (check, money order, or credit card Information) to: Minnesota Department of Health, Well Management Section, P.O. Box 64502, St. Paul, Minnesota 55164-0502. H ATTN: CASHIER Well Management Section Fax Number: (651) 201-4599. Card Type: (I Visa (-) Mastercard I I Discover Exp. Date Print Cardholder Name_ ❑ Well Sealing Notification (269) Check Box II: 3-Digit Security Code LI Well is Multiple Cased Chock Wall Type: Card Number_ _ Larger Than 6-inch Inside Diameter __. g'rinted on back side of card.)___ —��-- _ (J Water -Supply Wall I j Monitoring Well (I Other_ _ Authorized Signature County Township Name Township No. Range No. Section No. Fraction (sm. WELL /, /, h LOCATION Well Location Address City Stale Zip Code Est. Depth Casing Diameter Wall Owner Name (Print) ( Daytime Telephone Number ) WELL Well Owner Street Address City State Zip Cade OWNER Well Owner Signature Date WELL Well Contractor Company Name (Print) Certified Rop. Signature Dale Company License No. CONTRACTOR Failure to provide proper identification and fee prior to the beginning of well sealing is a violation of Minnesota Statutes, Chapter 1031, and may result in the assessment of an administrative penalty. Notification is not required to seal a boring. AA/EOE General Conditions Section 1: Agreement 1.1 Our agreement with you consists of these General Conditions and the accompanying written proposal or authorization ("Agreement'). This Agreement is the entire agreement between you and us. 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 documentation to authorize our scope of work ("Services"), any conflicting or additional terms are not part of this 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 terminate this Agreement without liability to you or others, and you will compensate us for fees earned and expenses incurred up to the time of termination. Section 2: Our Responsibilities 2.1 We will provide Services specifically described in this Agreement. You agree that we are not responsible for services that are not expressly included in this Agreement. 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. If during the one year period following completion of Services it is determined that the above standards have not been met and you have promptly notified us in writing of such failure, we will perform, at our cost, such corrective services as may be necessary, within the original scope in this Agreement, to remedy such deficiency. Remedies set forth in this section constitute your sole and exclusive recourse with respect to the performance or quality of Services. 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 vary over distance or change over time. 2.4 Our duties do not include supervising or directing your representatives or contractors or commenting on, overseeing, or providing the means and methods of their services unless expressly set forth in this Agreement. We will not be responsible for the failure of your contractors, and the providing of 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, owner, project, or site health or safety. 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 Unless a fixed fee is indicated, our price is an estimate of our project costs and expenses based on information available to us and 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 environmental, 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 Services. 3.2 You will provide access to the site. In the performance of Services 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 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. You agree to hold us harmless, defend, and indemnify us from claims, damages, losses, penalties and expenses (including attorney fees) 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 furnished to us. 3.4 You will notify us of any knowledge or suspicion of the presence of hazardous or dangerous materials present on any work site or in a sample provided to us. You agree to provide us with information in your possession or control relating to such materials or samples. if we observe or suspect the presence of contaminants not anticipated in this Agreement, we may terminate Services without liability to you or to others, and you will compensate us for fees earned and expenses incurred up to the time of termination. BRAUN INTERTEC 3.5 Neither this Agreement nor the providing of Services will operate to make us an owner, operator, generator, transporter, treater, starer, 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 substances. You agree to hold us harmless, defend, and indemnify us from any damages, claims, damages, penalties or losses resulting from the storage, removal, hauling or disposal of such substances. 3.6 Monitoring wells are your property, and you are responsible for their permitting, maintenance, and abandonment unless expressly set forth otherwise in this Agreement. 3.7 You agree to make all disclosures required by law. In the event you do not own the project 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, defend, and indemnify us from claims, damages, penalties, or losses and expenses, including attorney fees, related to failures to make disclosures, 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. We hereby grant you a license to use the reports and related information we provide only for the related project and 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, defend, and hold us harmless from claims, damages, losses, and expenses, including ottorneyfees, arising out of such a transfer or use. 4.3 If you do not pay for 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. 4.4 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 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. 4.5 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. GC Page 1 of 2 Section 5: Compensation 5.1 You will pay for Services as stated in this Agreement. If such payment references our Schedule of Charges, the invoicing will be based upon the most current schedule. An estimated amount 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 upon 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 a third party, we may do so, but you agree to be responsible for our compensation unless the third party is creditworthy (in our sole opinion) and provides written acceptance of all terms of this Agreement. 5.4 Your obligation to pay for Services under this Agreement is not contingent on your ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of any lawsuit, your successful completion of any project, receipt of payment from a third party, or any other event. No retainage will be withheld. 5.5 If you do not pay us in accordance with this Agreement, you agree to reimburse all costs and expenses for collection of the moneys invoiced, including but not limited to attorney fees and staff time. 5.6 You agree to compensate us in accordance with our Schedule of Charges 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 changes, or if changed labor conditions result in increased costs, decreased efficiency, or delays, or if the standards or methods change, we will give you timely notice, the schedule will be extended for each day of delay, and we will be compensated for costs and expenses incurred in accordance with our Schedule of Charges. 5.8 If you fail to pay us in accordance with this Agreement, we may consider the default a total breach of this Agreement and, at our option, terminate our duties without liability to you or to others, and you will compensate us for fees earned and expenses incurred up to the time of termination. 5.9 In consideration of our providing insurance to cover claims made by you, you hereby waive any right to offset 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 Notwithstanding anything to the contrary in this Agreement neither party hereto shall be responsible or held liable to the other for punitive, indirect, incidental, or consequential damages, or liability for loss of use, loss of business opportunity, loss of profit or revenue, loss of product or output or business interruption. 6.3 You and we agree that any action in relation to an alleged breach of our standard of care or this Agreement shall be commenced within one year of the date of the breach or of the date of substantial completion of Services, whichever is earlier, without regard to the date the breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute. We will not be liable unless you have notified us within 30 days of the date of such breach 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. Should you fail to meet the conditions above, you agree to fully release us from any liability for such allegation. 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 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 this 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 ofinsurance. 6.5 You agree to indemnify us from all liability to others in excess of the risk allocation stated herein and to insure this obligation. In addition, all indemnities and limitations of liability set forth in this Agreement apply however the same may arise, whether in contract tort, statute, equity or other theory of law, including, but not limited to, the breach of any legal duty or the fault, negligence, or strict liability of either party. 6.6 This Agreement shall be governed, construed, and enforced in accordance with the laws of the state in which our servicing office is located, without regard to its conflict of laws rules. The laws of the state of our servicing office will govern all disputes, and all claims shall be heard in the state or federal courts for that state. Each of us waives trial by jury. 6.7 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 officers or 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 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 assignor 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 This Agreement maybe terminated early only in writing. You will compensate us for fees earned for performance completed and expenses incurred up to the time of termination. 8.5 If any provision of this Agreement is held invalid or unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. 8.6 No waiver of any right or privilege of either party will occur upon such party's failure to insist on performance of any term, condition, or instruction, or failure to exercise any right or privilege or its waiver of any breach. GC Revised 1/1/2018 Page 2 of 2 Brett Gruber June 5, 2020 Page 3 Water Tower #4 Geotechnical Exploration CITY OF OTSEGO, MN GEOTECHNICAL EXPLORATION PROPOSAL FORM Schedule "A" — Proposal Unit Item Description Quantity Unit Price Extension 1 Soil Borings 5 EA $3,827 EA $19,135 2 Geotechnical Report 1 LS $5,660 LS $5,660 3 Foundation Design 1 LS $360 LS $360 Prepare Field/Construction $360 4 Testing Program 1 LS LS $360 Total Proposal $25,515 Project Schedule: The soil borings can be completed within 15 working days of being notified. The report can be completed within 30 working days of being notified. Borings and Report must be completed by August 1, 2020. By: Steve Thayer Signed: Company: Braun Intertec Corporation Title: Senior Engineer Date: June 19, 2020 Hakanson Anderson / I / LD [if / N �\ X `0- IL Q IL o` — IL \ / \ \ 1 \