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
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