ITEM 5.1 CSAH 37 Improvement ProjectW
Otkgo
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
DEPARTMENT:
REQUESTOR:
MEETING DATE:
Public Works
City Engineer Wagner
May 26, 2015
1PORIGINATING
RESENTER(s):
REVIEWED BY:
ITEM #:
City Engineer Wagner
City Administrator Johnson
5.1
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends approval of the proposals and awarding the contract to Braun Intertec in the amount
of $49,908.00 for the Material Testing on the 70th Street NE/CSAH 37 Improvement project.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes I No
BACKGROUND/JUSTIFICATION:
Request for Proposals were sent to 3 testing firms and 2 proposals were received for the material testing
for the 70th Street NE/CSAH 37 Improvement Project on April 13th. The proposals received are as follows
Haugo Geotechnical Services $43,085.00
Braun Intertec $49,908.00
The testing firms who were sent request for proposals were chosen by staff for work they have previously
completed in a timely and complete manner and with minimal changes to the cost. Though either of
these firms can complete the project, we recommend awarding the contract to Braun Intertec. We
believe Braun Intertec's proposal offers a more complete scope of services. Braun Intertec also has a
larger number of MnDOT certified personnel and has completed many Federal and State Aid projects in
the past including a number for the City of Otsego. We believe Braun's expertise will aid in making sure
the project goes smoothly and all documentation necessary in case of a federal audit.
SUPPORTING DOCUMENTS: x ATTACHED ❑ NONE
List: Testing Proposals
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to accept proposals and award a contract and award a contract for the material testing of the
70th Street/CSAH 37 Improvement project to Braun Intertec in the amount of $49,908.00.
BUDGET INFORMATION
FUNDING: BUDGETED: X YES
VISAS Funds
Region 7W Federal Funds o NO
ACTION TAKEN
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
V
r
May 21, 2015
Mr. Ronald Wagner
City Engineer
City of Otsego
13400 901h Street NE
Otsego, MN 55330
HGTS Project 15-0357
Re: Proposal for Construction Materials Testing, SP (217-112-002) 70th Street/CSAH 37, Otsego, MN
Dear Mr. Wagner,
We are pleased to present this cost estimate for the construction materials testing on the (SP 217-112-002) 701h
Street/CSAH 37 Improvements Project in Otsego, MN.
Scope of Services
Qualified technicians will perform the proposed field tests under the direction of a licensed professional engineer.
Our services will be performed on an as -needed basis as scheduled by you or your authorized representative.
Based on a review of available information and discussions with you, our services will include:
• Observe grading soils and provide insight on the suitability of the material.
• Perform compaction testing on the utility trenches and sub -grade soils.
• Provide proof -roll observations on the sub -grade and aggregate base.
• Collect soil samples for laboratory proctors and sieve analysis.
• Sample and test the fresh concrete for slump, temperature and air content.
• Prepare concrete cylinders and provide compressive strength test results.
• Provide bituminous companion core thickness and density results.
• Provide laboratory bituminous testing, including asphalt content, gradation and air voids.
• Provide management services including review of field reports and communication with project team
members.
Cost
We will provide the above mentioned continued services for an estimated fee of $43,085. The project estimate,
attached, provides a summary of the estimated hourly and unit rates associated with our scope of services.
Since our services are directly controlled by the schedule of others the actual cost of our services may vary from this
estimate. The cost of our services will be based on the actual hours and/or units tested for the project.
Our services will be provided over several invoicing periods. We will submit partial progress invoices as the project
proceeds. Our invoices will be payable upon receipt in accordance with our attached General Conditions.
1:3570 GRovE DRwL #278, MAPL.L GRUVL, MN 5531 1
General
Thank you for the opportunity to provide this cost estimate to you. If it is acceptable please sign and return one copy
to us and retain one copy for your records. We are also including a copy of our General Conditions which provide
additional terms and are part of this agreement.
If you have any questions regarding this proposal please contact Shawn Hennen (shennenCcDhaugogts.com) at 612-
750-6288 or Paul Haugo (phaugo(a�haugogts.com) at 612-554-4829.
Sincerely,
Haugo Geotechnical Services
Shawn Hennen
Sr. Project Manager
Paul Haugo
President
Attachments:
Project Estimate
General Conditions
Authorization to Proceed
Date:
HAUGO GEOTECHNICAL SERVICES
2825 CEDAR AVE S, MINNEAPOLIS, MN 55407
PHONE: 612.789.2959 FAX: 763.445.2238
WEBSITE: www.hau909IS.Com
ROTS Project # 15-0357
CUM: City of Otsego
Project: 70th St/CSAH 37 IMP
LOCallon: Otsego, MN
Table i Summary 01ESHIRAled CoSIS
TRIPS HOURS PER TRIP QTY I UNITS PRICE($) SUM($)
70 TEST 55 3850
1 TEST 95 95
15 TEST 95 1425
3 TEST 55 165
46 TEST 55 2530
38 TEST 55 2090
8 TEST 165 1320
32 TEST 20 640
40 1.5 60 HOUR 60 3600
12 TEST 120 1440
77 TEST 120 9240
1 TEST 60 60
104 TEST 25 2600
1 TEST 300 300
5 TEST 60 300
1 TEST 250 250
3 TEST 585 1755
16 TEST 425 6800
41 TEST 25 1025
40 TRIP 40 1600
HOUR 110
20 HOUR 100 2000
HOUR 56
TOTAL $ 43,085.00
Our services are directly controlled by the schedule of others, the actual cost of our services may varyfrom our estimate. Invoices
for our services will be based on the actual numbers of hours spent on the project and the tests performed. It is difficult to predict
all of the services and the quantity of services that may be required. If services are required that are not shown above, we will
provide them in accordance with our standard fee schedule.
COMPACTION TESTING
201
NUCLEARDENSITY- COMMONEX
201
SAND CONE -GRANULAR BORROW
201
SAND CONE - COMMON BORROW
201B
DCP - CLASS 2
201B
DCP - CLASS 3/4
201B
DCP - CLASS 5 MOD
CONCRETE TESTING
101A
CONC FIELD TESTS
COMPRESSIVE STRENGTH TESTING
102
CONCRETE CYLINDERS
105
SAMPLE PICK-UP
SOILS - LAB TESTING
401
STANDARD PROCTOR ASTMD699
403
GRADATIONS
406
AC CONTENT
408
MOISTURE CONTENT
409
TOPSOIL
420
PERCENT CRUSHED
AGG QUALITY
LAA/LITHO/LEIGHTWEIGHT/SPEC GRAV
BITUMINOUS
302
EXTRACTION / GRADATION / AIR VOIDS
304
CORE THICKNESS / DENSITY
PROJECT DETAILS
110
TRIP CHARGE
612
PROJECT ENGINEER
602
PROJECT MANAGER
609
PROJECT ASSISTANT
ROTS Project # 15-0357
CUM: City of Otsego
Project: 70th St/CSAH 37 IMP
LOCallon: Otsego, MN
Table i Summary 01ESHIRAled CoSIS
TRIPS HOURS PER TRIP QTY I UNITS PRICE($) SUM($)
70 TEST 55 3850
1 TEST 95 95
15 TEST 95 1425
3 TEST 55 165
46 TEST 55 2530
38 TEST 55 2090
8 TEST 165 1320
32 TEST 20 640
40 1.5 60 HOUR 60 3600
12 TEST 120 1440
77 TEST 120 9240
1 TEST 60 60
104 TEST 25 2600
1 TEST 300 300
5 TEST 60 300
1 TEST 250 250
3 TEST 585 1755
16 TEST 425 6800
41 TEST 25 1025
40 TRIP 40 1600
HOUR 110
20 HOUR 100 2000
HOUR 56
TOTAL $ 43,085.00
Our services are directly controlled by the schedule of others, the actual cost of our services may varyfrom our estimate. Invoices
for our services will be based on the actual numbers of hours spent on the project and the tests performed. It is difficult to predict
all of the services and the quantity of services that may be required. If services are required that are not shown above, we will
provide them in accordance with our standard fee schedule.
130
r
General Conditions
Construction Material Testing and Special Inspections
Our agreement ("Agreement') with you consists of these General Conditions and the accompanying written proposal or authorization.
Section 1: Our Responsibilities
1.1 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 reply on oral findings, opinions, or recommendations without our written approval.
1.2 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.
1.3 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 change over time.
1.4 Our duties do not included 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.
1.5 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.
1.6 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.
1.7 Estimates of our fees or other project costs will be 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 2: Your Responsibilities
2.1 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.
2.2 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.
2.3 If we notify you that radiographic or gamma ray equipment or other nuclear testing or measuring device will be used, you will be responsible for the
cooperation of your employees and your contractors in observing all radiation safety standards.
2.4 You will notify us of any knowledge or suspicion of the presence of hazardous or dangerous materials at the work site. Ifwe 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.
2.5 The time our field personnel spend on the job site depends upon the scheduling of the work we are observing or testing. You agree that any changes in
scheduling may result in additional costs and agree to pay for those services at the rates listed in our cost estimates.
Section 3: Reports and Records
3.1 We will famish reports to you in duplicate. We retain analytical data for seven years and financial data for three years.
3.2 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and may remain our
property but are subject to license to you for your use in the related project for the purpose 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, which will not be unreasonably withheld. 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 or our reports or letters of reliance, but only if the recipients agree to be bound by the terms or our agreement with you and only if
Haugo GeoTechnical Services, LLC
1:570 cif MvF- DRIVE #278, MAPrLV- GROVE, MN 5531 1
we are paid the administrative fee stated in our then current Schedule of Charges.
3.3 Because electronic documents may be modified intentionally or inadvertently, you agree that we will not be liable to damages resulting from change in an
electronic document occurring after we transmit it to you. In case of any difference of ambiguity between an electronic and a paper document, the paper
document shall govern.
3.4 If you do not pay for our services in full as agreed, we may retain work not yet delivered to you and we agree to return to us all of our work that is in your
possession or under you control. You agree not to use or rely upon our work for any purpose whatsoever until it is paid for in full.
Section 4: Compensation
4.1 You will pay for services as agree 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.
4.2 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.
4.3 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.
4.4 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.
4.5 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.
4.6 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 opinion, terminate our
duties without liability to you or to others.
4.7 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 5: Disputes, Damage and Risk Allocation
I 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 into mediation.
5.2 Neither of us will be liable for special, incidental, consequential, or punitive damages, including but not limited to those arising from delay, loss ofuse,
loss of profits or revenue, loss of financing commitments or fees, or the cost of capital.
5.3 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 the 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.
5.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability will not exceed the fee paid
for our services or $50,000, whichever is greater, and you agree to indemnify us from all liability to others in excess of that amount. If you are unwilling
to accept this allocation if 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.
5.5 If you do no not pay us within 60 days of invoice date, or if you make a claim against us that is resolved in our favor, you agree to reimburse our
expenses, including but not limited to attorney fees, staff time, expert witness fees, and other costs of collection or litigation.
5.6 The law of the state in which our servicing office is located will govern all disputes. Each of us waives trial by jury. No employee acting within the scope
of employment shall have individual liability for his or her acts or omissions, and you agree to not make a claim against individual employees.
Haugo GeoTechnical Services, LLC
Section 6: General Indemnification
6.1 We will indemnify and hold you harmless from and against demands, damages, and expenses 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 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.
6.2 To the extent it may be necessary to indemnify either of us under Section 6. 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.
6.3 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 7: Miscellaneous Provisions
7.1 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.
7.2 This Agreement is our entire agreement. It supersedes prior agreements. It may be modified only in a writing, making specific reference to the provision
modified.
7.3 Neither of us will assign or 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.
7.4 Our Agreement may be terminated early only in writing. We will receive an equitable adjustment of our compensation in the event of early termination.
Haugo GeoTechnical Services, LLC
I NTE RTEC
The Science You Build On.
May 11, 2015
Ronald Wagner, PE
City of Otsego
c/o Hakanson Anderson
3601 Thurston Avenue
Anoka, MN 55303
Braun Intertec Corporation
11001 Hampshire Avenue S
Minneapolis, MN 55438
Re: Proposal for Construction Materials Testing Services
70th Street / CSAH 37 Improvement Project
SP 217-112-002, 086-637-033
Otsego, Minnesota
Dear Mr. Wagner:
Proposal QTB020436
Phone: 952.995.2000
Fax: 952.995.2020
Web: braunintertec.com
Braun Intertec Corporation respectfully submits this proposal to provide construction materials
testing services for the 70th Street/CSAH 37 Improvement Project for the City of Otsego.
Our Understanding of Project
This project will include muck excavation, subgrade preparation, placement of aggregate base,
new concrete curb and gutter and general bituminous paving along with constructing a
roundabout at the intersection of 70th Street and CSAH 37. This project will also include
constructing a trail on the north side of the roadway, and improvements to the storm water
system along this corridor. Braun Intertec performed the geotechnical evaluation for the
project. Our familiarity with the soil conditions on the project will be a good asset for the City of
Otsego.
Available Project Information
This proposal is based on our review of the documents described below. If the project changes
from the information provided in these documents, we may have to submit a revised scope of
services and cost.
■ Project plans and specifications prepared by Hakanson Anderson dated January 16,
2015.
■ Estimated number of tests provided by Brent Larson with Hakanson Anderson.
■ Geotechnical Reports prepared by Braun Intertec under project numbers
SC -11-02726 and SC -13-002949 dated August 4, 2011 and June 20, 2013
respectively.
AA/EOE
City of Otsego
Proposal QTB020436
May 11, 2015
Page 2
■ Discussions with Brent Larson with Hakanson Anderson.
Project Overview
This project is a City of Otsego project with Federal funding. Projects that are constructed with
Federal funding are required to perform Quality Control and Quality Assurance (QC/QA) testing
in accordance with the Minnesota Department of Transportation's (MnDOT'S) Schedule of
Materials Control. Personnel with MnDOT certifications must complete the monitoring and
testing. Braun Intertec will perform the QA field testing on the project for the items listed in our
scope and as shown on our construction materials testing cost estimate. The contractor will be
responsible for performing all of the required QC testing and submitting all the documentation
upon completion of the project. An audit of the project could be conducted upon completion.
The audit may include reviewing tests and paperwork provided by your QC/QA representative.
Braun Intertec Project Personnel
For this project, we will provide technicians that are MnDOT certified in each specialized field.
Braun Intertec has many MnDOT certified employees. Technicians in our metro offices have the
following MnDOT certifications:
■ Aggregate Production
■ Grading & Base I
■ Grading & Base II
■ Concrete Field I
■ Concrete Field II
■ Concrete Plant I
■ Concrete Plant II
■ Bituminous Plant I
■ Bituminous Plant 11
Our pool of certified employees allows us to be responsive to project needs. Also, our project
managers are currently working on several State -Aid and Federal Projects with requirements
similar to your project.
Scope of Services
Testing services will be performed on an on-call, as -needed basis as requested and scheduled by
you or your onsite project personnel. Based on our understanding of the project, we propose
the following services:
Soils
The soil testing for this project will consist of the following:
BRAUN
f NTE RTEC
City of Otsego
Proposal QTB020436
May 11, 2015
Page 3
■ Perform nuclear density gauge tests on sub -grade, embankment, and utility backfill
materials including granular borrow material.
■ Perform Dynamic Cone Penetrometer (DCP) tests on aggregate base and
shouldering material.
■ Perform moisture content tests at time of compaction on backfill materials.
■ Perform gradation tests on coarse filter aggregate, granular borrow, aggregate base
and shouldering materials.
■ Perform laboratory standard proctor tests on backfill and fill materials.
■ Assemble the preliminary and final grading and base report along with assembling
the random sampling locations report for the aggregate base and shouldering
according to MnDOT Specifications.
Concrete
The concrete testing for this project will consist of the following:
■ Perform slump, temperature and air content tests on the plastic concrete prior to
placement.
■ Cast 4 -inch by 8 -inch cylinders for compressive strength testing.
■ Laboratory compressive strength testing of cylinders.
■ Develop the Weekly Concrete Reports for the Project Engineer's review and their
submittal to MnDOT's Concrete Office.
Bituminous
The bituminous testing for this project will consist of the following:
■ Collect one verification sample per mix per day of production. Perform quality
assurance tests on these samples which include rice specific gravity, asphalt
content, extracted aggregate gradation, gyratory density, coarse aggregate
angularity, fine aggregate angularity, and thickness and density of pavement cores.
■ Randomly determine and mark pavement core locations.
BRAUN
I NTE RTEC
City of Otsego
Proposal QTB020436
May 11, 2015
Page 4
■ Observe the contractor coring and core testing in accordance with MnDOT's
specifications, which include watching quality control personnel weigh the cores at
their laboratory.
MnDOT Independent Assurance (IA)
On Federal funded projects, MnDOT requires one of their IA personnel observe the QC/QA
representative performing soil, concrete and bituminous tests. We will schedule the IA visits as
required.
Reporting and Project Management
Test results will be issued for the project as the various tasks are performed. If, at any time,
there are failing tests or we observe construction processes which do not appear to be in
accordance with the plans and specifications or MnDOT Schedule of Materials Control, we will
notify the engineer's representative and any others that we are directed to notify.
After the project is completed, we will issue a final report. The report is compiled to meet the
requirements for the project audit. The report will include the following:
■ Testing Roster of Braun Intertec employees conducting testing on this project.
■ Completed MnDOT Materials Certification Exceptions Summary for items tested by
Braun Intertec.
■ Completed Preliminary and Final Grading and Base Report.
■ Completed IA Report.
■ All Moisture, Density, DCP, Proctor and Gradation test reports.
■ Concrete mix designs.
■ Weekly concrete reports.
■ Concrete compressive strength results.
■ Bituminous mix designs.
■ Bituminous verification test results.
BRAUN
I NTE RTEC
City of Otsego
Proposal QTB020436
May 11, 2015
Page 5
■ Bituminous Contractor's summary sheets.
■ Completed Density Incentive/Disincentive worksheets.
■ Copies of concrete and bituminous plant certifications.
Scheduling Assumptions
Based on our understanding of the project and the available project information, we have
assumed that the work for this phase of the project will proceed according to the following
schedules:
■ Compaction testing will be performed using the nuclear density gauge method for
sub -grade, embankment, and utility backfill materials, a minimum of three
compaction tests will be conducted each trip with thirty trips assumed.
■ DCP's will be performed for the aggregate base and shouldering, a minimum of four
DCPs will be conducted each trip with twenty-two trips assumed.
■ Bituminous paving will require sixteen set of verification tests.
■ Twelve sets of concrete tests are assumed to complete this project. Seven sets for
curb and gutter, three sets for sidewalks, two sets for light pole bases and one set
for the roundabout truck apron.
■ We assume MnDOT's Metro Inspections Group is performing the Concrete and
Bituminous Batch Plant observations and testing for this project.
If the work is completed at different rates than described above, this proposal should be
revised.
Cost and Invoicing
We will furnish the services described herein for an estimated fee of $49,908. Our estimated
costs are based on industry averages for construction production. Depending on the
contractor's performance our costs may be significantly reduced or slightly higher than
estimated. For the limits of this proposal we have estimated the testing rate and contractors
production based off our experience and have provided what we feel is a fair and realistic
budget estimate. A tabulation showing our estimated hourly and/or unit rates associated with
our proposed scope of services is also attached.
BRAUN
l NTE RTEC
City of Otsego
Proposal QTB020436
May 11, 2015
Page 6
We would be happy to meet with you to discuss our proposed scope of services further, clarify
the various scope components, and discuss how the scope may be adjusted to meet your
projects requirements.
Additional Services and Overtime
It is difficult to estimate all of the services, and the quantity of each service, that will be required
for any project. Our services are also directly controlled by the schedule and performance of
others. For these reasons, our actual hourly or unit quantities, and associated fees, may vary
from those reported herein.
If the number of hours or units ultimately required exceed those assumed for purposes of this
proposal, they will be invoiced at the hourly or unit rates shown in the attached tabulation. If
services are ultimately required that have not been identified or described herein, they will be
invoiced in accordance with our current Schedule of Charges. Prior to exceeding our estimated
fees, however, we will update you regarding the progress of our work and notify you in the
event it appears we will exceed our estimated fees; any fees associated with additional services
will be summarized in a Change Order and submitted to you for review and authorization.
This proposal was also developed with the understanding that the scope of services defined
herein will be required and requested during our normal work hours of 7:00 am to 4:00 pm,
Monday through Friday. Services that we are asked to provide to meet the project requirements
or a contractor's construction schedule outside our normal work hours will be invoiced using an
overtime rate factor. The factor for services provided outside our normal work hours, or on
Saturdays, will be 1.25 times the normal hourly rate for the service provided. The factor for
services provided on Sundays or Legal holidays will be 1.5 times the normal hourly rate for the
service provided.
General Remarks
Braun Intertec appreciates the opportunity to present this Proposal to you. Please sign and
return a copy in its entirety.
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 significantly delay us beyond
our proposed schedule.
BRAUN
[NTERTEC
City of Otsego
Proposal QTB020436
May 11, 2015
Page 7
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 Andrew Valerius at 952.995.2242.
Sincerely,
BRAUN INTERTEC CORPORATION
Andrew M. Valerius
Associate Principal -Transportation Project Manager
Benjamin P. Dzioba, PE, PMP, DBIA
Principal- Senior Engineer
Attachments:
Table 1. Estimated Costs
General Conditions — CMT (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
BRAUN
I WTF PTF(—
BRAUN
INTERTEC
The Science You Build On.
Client:
City of Otsego
Ronald Wagner
c/o Hakanson Anderson
3601 Thurston Avenue
Anoka, MN 55303
Project Manager: Andrew Valerius
Project Proposal
QTB020436
70th Street/ CSAH 37 SP 217-112-002/ 086-637-033
Work Site Address:
70th Street & CSAH 37
Otsego, MN 55330
Service Description:
Construction Materials Testing
05/11/2015 08:55 AM Page 1 of 2
Description
Quantity Units
Unit Price
Extension
Phase 1
MnDOT Testing
Activity 1.1
Soil Testing
$21,125.00
206
Excavation Observations
5.00 Hour
98.00
$490.00
207
Compaction Testing - Nuclear
60.00 Hour
74.00
$4,440.00
Work Activity Detail
Qty Units
Hrs/Unit
Extension
Utilities/Common Embankemt
29.00 Trips
2.00
58.00
Granular Borrow
1.00 Trips
2.00
2.00
217
Compaction Testing - Sandcone & DCP
55.00 Hour
74.00
$4,070.00
Work Activity Detail
Qty Units
Hrs/Unit
Extension
Aggregate Base- Class 3/4
12.00 Trips
2.50
30.00
Aggregate Base- Class5
9.00 Trips
2.50
22.50
Aggregate Shouldering Class 2
1.00 Trips
2.50
2.50
1226
Topsoil testing, MN/DOT 3877A (without nutrients), per
sampl
1.00 Each
257.00
$257.00
1530
Asphalt Content (ASTM D 2172/6307), per sample
2.00 Each
146.00
$292.00
209
Sample pick-up
15.00 Hour
74.00
$1,110.00
Work Activity Detail
Qty Units
Hrs/Unit
Extension
Sample Pick-up
10.00 Trips
1.50
15.00
1318
Standard Proctor Test(ASTM D 698)
13.00 Each
175.00
$2,275.00
264
Project Engineer
Hour
158.00
$.00
1162
Sieve analysis with 200 wash (ASTM C 136 and C 117), per sam
40.00 Each
125.00
$5,000.00
1688
Percent crushed (ASTM D5821), per sample
3.00 Each
77.00
$231.00
1546
Los Angeles Abrasion (MNDOT 1210), per sample
3.00 Each
125.00
$375.00
1686
Lithological Count (MNDOT1209), per sample
3.00 Each
122.00
$366.00
5382
Lightweight particles 2.0 specific gravity (MNDOT 5-692.202
3.00 Each
153.00
$459.00
1308
Nuclear moisture -density meter charge, per hour
60.00 Each
21.00
$1,260.00
1861
GMT Trip Charge
50.00 Each
10.00
$500.00
Activity 1.2
Concrete Testing
$3,408.00
261
Concrete Testing
24.00 Hour
74.00
$1,776.00
Work Activity Detail
Qty Units
Hrs/Unit
Extension
Truck Apron
1.00 Trips
2.00
2.00
Sidewalks
2.00 Trips
2.00
4.00
Curb & Gutter
7.00 Trips
2.00
14.00
Light Pole Bases
2.00 Trips
2.00
4.00
1369
Compressive strength of 4 x 8" concrete cylinders (ASTM C 39
36.00 Each
28.00
$1,008.00
Work Activity Detail
Qty Units
Hrs/Unit
Extension
Sidewalks
2.00 Set
3.00
6.00
Curb & Gutter
7.00 Set
3.00
21.00
Truck Apron
1.00 Set
3.00
3.00
Light Pole Bases
2.00 Set
3.00
6.00
05/11/2015 08:55 AM Page 1 of 2
BRAUN
I NTE BTEC
The Science You Build On.
278
1861
Activity 1.3
1530
209
1532
221
1542
1528
1705
1568
1688
1861
Activity 1.4
226
1230
228
238
Project Proposal
QTB020436
70th Street/ CSAH 37 SP 217-112-0021086-637-033
Concrete Cylinder Pick up
74.00
Work Activity Detail
Qty Units
Cylinder Pickup
8.00 Trips
CMT Trip Charge
8.00
Pavement Testing
18.00 Each
Asphalt Content (ASTM D 2172/6307), per sample
$180.00
Sample pick-up
Work Activity Detail
Qty Units
Sample Pick-up
16.00 Trips
Extracted aggregate gradation (ASTM D 5444), per sample
74.00
Bituminous Coring
Hrs/Unit
Work Activity Detail
Qty Units
Mark & Observe Contractor Coring & Testing
14.00 Trips
Thickness and density of pavement core (ASTM D 2726)
16.00 Each
Rice specific gravity (ASTM D 2041), per sample
$1,600.00
Fine Aggregate Angularity (ASTM C1252), per sample
90.00
Gyratory gravity (AASHTO T312), per sample
Hrs/Unit
Percent crushed (ASTM D5821), per sample
CMT Trip Charge
49.00
Project Management
42.00 Each
Project Manager
$2,100.00
Final Report
77.00
Senior Project Manager
16.00 Each
Project Assistant
$1,184.00
6.00 Hour
74.00
$444.00
Hrs/Unit
Extension
1.00
8.00
18.00 Each
10.00
$180.00
$18,990.00
16.00 Each
146.00
$2,336.00
24.00 Hour
74.00
$1,776.00
Hrs/Unit
Extension
1.50
24.00
16.00 Each
100.00
$1,600.00
49.00 Hour
90.00
$4,410.00
Hrs/Unit
Extension
3.50
49.00
42.00 Each
50.00
$2,100.00
16.00 Each
77.00
$1,232.00
16.00 Each
74.00
$1,184.00
16.00 Each
175.00
$2,800.00
16.00 Each
77.00
$1,232.00
32.00 Each
10.00
$320.00
$6,385.00
25.00 Hour
150.00
$3,750.00
1.00 Each
1,000.00
$1,000.00
3.00 Hour
175.00
$525.00
15.00 Hour
74.00
$1,110.00
Phase 1 Total:
$49,908.00
Proposal Total: 1 $49,908.00
05/11/2015 08:55 AM rage 2 or 2
General Conditions
Construction Material Testing and Special Inspections
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 If we notify you that radiographic or
gamma ray equipment or other nuclear testing
or measuring device will be used, you will be
responsible for the cooperation of your
employees and your contractors in observing all
radiation safety standards.
3.4 You will notify us of any knowledge or
suspicion of the presence of hazardous or
dangerous materials 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 The time our field personnel spend on the
job site depends upon the scheduling of the
work we are observing or testing. You agree
that any changes in scheduling may result in
additional costs and agree to pay for those
services at the rates listed in our cost estimate.
3.6 You agree to include us as an indemnified
party in your contracts, if any, for work by
others on the project, protecting us to the
same degree as you are protected. You agree to
list us as an Additional Insured under your
liability insurance policies and to require
subrogation be waived against us and that we
will be added as an Additional Insured on all
policies of insurance, including any policies
required of your contractors or subcontractors,
covering any construction or development
activities to be performed on the project site.
Section 4: Reports and Records
4.1 Unless you request otherwise, we will
provide our report(s) 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 may be
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 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 -CMT Revised 9/1/2013 Page 1 of 2
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 parry 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.
Section 8: Miscellaneous Provisions
8.1 We will provide a certificate of insurance
to you upon request. Any claim as an Additional
Insured shall be limited to losses caused by our
sole negligence.
8.2 You and we, for ourselves and our
insurers, waive all claims and rights of
subrogation for losses arising out of causes of
loss covered by our respective insurance
policies.
8.3 Neither of us will assign nor transfer any
interest, any claim, any cause of action, or any
right against the other. Neither of us will assign
or otherwise transfer or encumber any
proceeds or expected proceeds or
compensation from the project or project
claims to any third person, whether directly or
as collateral or otherwise.
8.4 Our Agreement maybe terminated early
only in writing. We will receive an equitable
adjustment of our compensation in the event
of early termination.
8.5 If a provision of this Agreement is invalid
or illegal, all other provisions shall remain in full
force and effect.
GC -CMT Revised 9/1/2013 Page 2 of 2