ITEM 4.1 Geotechnical testing 85th StreetOtCI�ezoF
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Public Works
City Engineer Wagner
August 5, 2015
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Engineer Wagner
City Administrator Johnson
4.1
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends approval of the proposals and awarding the contract to Northern Technologies Inc. in
the amount of $4,240.00 for the preliminary geotechnical exploration testing along the 851h Street NE
Improvement project.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes No
BACKGROUND/JUSTIFICATION:
Two alternate routes are being considered for the construction of 851h Street from Nashua Avenue to
Mason Avenue. Route "A" involves making the connection to Nashua Avenue at the existing location of
85th Street. This route would cut across and skirt the edge of the large wetland near this location. This
route would be the most direct route but may impact the existing homes on the west side of Nashua
Avenue at this location the greatest and have the greatest potential for extensive soils correction. Route
"B" involves shifting the entire 85th Street intersection north, including approximately 1,000 ft of existing
85th Street to avoid the wetland crossing and impact to the homes on the west side of Nashua Ave. This
route would be longer, require realigning a portion of 85th Street, and impact additional homes on the
east side of Nashua Avenue but the potential for large soils corrections would be minimized as would be
the extent of the impact to the existing home.
Request for Proposals were sent to 3 testing firms and 2 proposals were received for the preliminary
geotechnical exploration testing for the 85th Street NE Improvement Project on April 13th. The proposals
received are as follows:
Northern Technologies Inc $4,240.00
Braun Intertec $5,900.00
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 Northern Technologies
Inc. Northern Technologies, Inc has provided services on a number of private development projects in the
as well as a number for the City of Otsego.
SUPPORTING DOCUMENTS: x ATTACHED ❑ NONE
List: NTI and Braun Intertec Testing Proposals
(2) Soil Boring Exhibits
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to accept proposals and award a contract the preliminary geotechnical exploration testing along
the 85th Street NE Improvement project to Northern Technologies Inc. in the amount of $4,240.00.
BUDGET INFORMATION
FUNDING: BUDGETED: x YES
MSAS Funds
❑ NO
ACTION TAKEN
D APPROVED AS REQUESTED D DENIED D TABLED ❑ OTHER (List changes)
COMMENTS:
1
Phone: 952.995.2000
Fax: 952.995.2020
Web: braunintertec.com
I
The Science You Build On.
August 5, 2015
Mr. Brent Larson
Hakanson Anderson
3601 Thurston Avenue
Anoka, MN 55303
Re: Proposal for a Geotechnical Evaluation
85th Street Construction Project
Otsego, Minnesota
Dear Mr. Larson:
Braun Intertec Corporation
11001 Hampshire Avenue S
Minneapolis, MN 55438
Proposal QTB024932
Braun Intertec Corporation respectfully submits this proposal to complete a geotechnical evaluation for
the proposed 85th Street Construction in Otsego, Minnesota.
Our Understanding of Project
Per the RFP, the project will include geotechnical explorations for the proposed construction of 85th
Street west of Nashua Avenue in Otsego, Minnesota. The City has selected two route options for the
construction of 85th Street, and has requested soil borings be performed around the existing wetlands
near Nashua Avenue, to determine the extent of necessary soil corrections for each route option.
The entire project consists of constructing one mile of new roadway, with a 9-ton capacity, from Nashua
Avenue to Mason Avenue. The area consists mainly of farm fields with wetlands near Nashua Avenue.
The street will be an urban design with center median, concrete sidewalk, and bituminous multi -use
path.
Purpose
The purpose of our geotechnical evaluation will be to characterize subsurface geologic conditions at
selected exploration locations and evaluate their impact on the design and construction of the proposed
85th Street.
Scope of Services
The following tasks are proposed to help achieve the stated purpose. If unfavorable or unforeseen
conditions are encountered at any point during the completion of the tasks that lead us to recommend
an expanded scope of services, we will contact you to discuss the conditions before resuming work.
AA/EOE
Hakanson Anderson
Proposal QTB024932
August 5, 2015
Page 2
Site Access, Staking and Utility Clearance
Based on the provided boring location sketch, it appears that the site will require a track -mounted drill
rig.
It is our understanding that Hakanson Anderson will be staking the boring locations and determining
surface elevations.
Depending on access requirements, ground conditions or potential utility conflicts, our field crew may
alter the exploration locations from those proposed to facilitate accessibility.
Prior to drilling, we will contact Gopher State One Call and arrange for notification to the appropriate
utility vendors to mark and clear the exploration locations of public underground utilities. You or your
authorized representative are responsible to notify us before we begin our work of the presence and
location of any underground objects or private utilities that are not the responsibility of public agencies.
Penetration Test Borings
As requested, we will drill five (5) standard penetration test boring, extending them each to 25 feet.
Standard penetration tests will be performed at 2 1/2-foot vertical intervals to a depth of about 15 feet,
and at 5-foot intervals at greater depths.
If groundwater is encountered in the boreholes, the depth where it is observed will be recorded on the
boring logs.
If existing fill, organic materials or other structurally unfavorable soils are not penetrated above the
intended boring termination depths, we will extend the borings to obtain at least five feet of penetration
into more competent materials at greater depths. The additional information will help evaluate such
issues as excavation depth, among others. If deeper borings (or additional borings) are needed, we will
contact you prior to increasing our total estimated drilled footage and submit a Change Order
summarizing the anticipated additional effort and the associated cost, for your review and authorization.
Borehole Abandonment
Minnesota Well Code requires sealing of any boring or core that encounters groundwater and is either
greater than 25 feet deep or penetrates a confining layer.
Based on the intended exploration depths, we will seal 125 linear feet of standard penetration borings
with grout and prepare associated sealing records.
Sample Review and Laboratory Testing
Soil samples will be returned to our laboratory, where they will be visually classified and logged by a
geotechnical engineer.
Reporting
Data obtained from the borings and optional laboratory tests will be used to evaluate the subsurface
profile and groundwater conditions, perform engineering analyses related to pavement design and
performance and prepare a report, including:
r
Hakanson Anderson
Proposal QTB024932
August 5, 2015
Page 3
■ A sketch showing project components, limits, and exploration locations.
■ Logs of the standard penetration borings describing the materials encountered and
presenting the results of our groundwater measurements.
■ A summary of the subsurface profile and groundwater conditions.
■ Discussion identifying the site conditions that will impact pavement design and performance,
qualifying the nature of their impact, and outlining alternatives for mitigating their impact.
■ Discussion regarding the reuse of on -site materials during construction and the impact of
groundwater on construction.
■ Recommendations for preparing pavement subgrades, including excavation support, if
applicable, and the selection, placement and compaction of excavation backfill and other fill.
■ Recommendations for the pavement design of 85th Street.
Only an electronic copy of our report will be submitted to you unless you request otherwise. At your
request, the report can also be sent to additional project team members.
Additional Services
If borings must be extended beyond their intended termination depths, we will charge an additional $35
per lineal foot beyond the originally intended termination depth.
Additional site mobilizations will be charged at $415 per day.
Cost
We will furnish the services described in this proposal for a lump sum fee of $5,000.
To help classify the materials encountered and estimate their engineering properties, we have budgeted
optional testing including eight (8) moisture content tests, two (2) mechanical analyses (through a #200
sieve only), two (2) organic content tests, and one (1) Atterberg limits test. Optional geotechnical soils
testing can be included for an extra $500.
Our work may extend over several invoicing periods. As such, for work that is performed during the
course of each invoicing period, we will submit partial progress invoices.
Schedule
We anticipate the field exploration can begin within approximately three weeks of written authorization;
the field exploration will take one full day to complete. Sample classification, optional laboratory testing,
engineering analyses and report preparation will likely take an additional two to three weeks. We will
BRAUN
INTERTEC
Hakanson Anderson
ProposalQTB024932
August 5, 2015
Page 4
pass along results, however, as they are obtained and reviewed. We anticipate we can submit our report
before the due date of November 1, 2015.
If our proposed scope of services cannot be completed according to this schedule due to circumstances
beyond our control, we may need to revise this proposal prior to completing the remaining tasks.
General Remarks
We will be happy to meet with you to discuss our proposed scope of services further and clarify the
various scope components.
We appreciate the opportunity to present this proposal to you. Please sign and return a copy 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 delay us beyond our proposed schedule.
BRAUN
INTERTEC
Hakanson Anderson
Proposal QTB024932
August 5, 2015
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 call Heidi Olson at 952,995.2231 or Chris Kehl at 952,995.2386,
Sincerely,
BRAUN INTERTEC CORPORATION
ti
Heidi C. Olson, EIT
Enginneer-In-Training
ir` f j
Christopher R. Kehl, PE
Principal — Senior Engineer
Attachments:
General Conditions (9/1/13)
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
INTERTEC
General Conditions
Section 1: Our Agreement
1.1 Our agreement ("Agreement") with you
consists of these General Conditions and the
accompanying written proposal or
authorization. This Agreement is our entire
agreement. It supersedes prior agreements. It
may be modified only in a writing signed by us,
making specific reference to the provision
modified.
1.2 The words "you," "we," "us," and "our"
include officers, employees, and
subcontractors.
1.3 In the event you use a purchase order or
other form to authorize our services, any
conflicting or additional terms are not part of
our Agreement. Directing us to start work prior
to execution of this Agreement constitutes your
acceptance. If, however, mutually acceptable
terms cannot be established, we have the right
to withdraw our proposal without liability to
you or others, and you will compensate us for
services already rendered.
Section 2: Our Responsibilities
2.1 We will provide the services specifically
described in our Agreement with you. You
agree that we are not responsible for services
that are not fairly included in our specific
undertaking. Unless otherwise agreed in
writing, our findings, opinions, and
recommendations will be provided to you in
writing. You agree not to rely on oral findings,
opinions, or recommendations without our
written approval.
2.2 In performing our professional services,
we will use that degree of care and skill
ordinarily exercised under similar
circumstances by reputable members of our
profession practicing in the same locality. If you
direct us to deviate from our recommended
procedures, you agree to hold us harmless from
claims, damages, and expenses arising out of
your direction.
2.3 We will reference our field observations
and sampling to available reference points, but
we will not survey, set, or check the accuracy of
those points unless we accept that duty in
writing. Locations of field observations or
sampling described in our report or shown on
our sketches are based on information
provided by others or estimates made by our
personnel. You agree that such dimensions,
depths, or elevations are approximations unless
specifically stated otherwise in the report. You
accept the inherent risk that samples or
observations may not be representative of
things not sampled or seen and, further, that
site conditions may change over time.
2.4 Our duties do not include supervising your
contractors or commenting on, overseeing, or
providing the means and methods of their
work, unless we accept such duties in writing.
We will not be responsible for the failure of
your contractors to perform in accordance with
their undertakings, and the providing of our
services will not relieve others of their
responsibilities to you or to others.
2.5 We will provide a health and safety
program for our employees, but we will not be
responsible for contractor, job, or site health or
safety unless we accept that duty in writing.
2.6 You will provide, at no cost to us,
appropriate site safety measures as to work
areas to be observed or inspected by us. Our
employees are authorized by you to refuse to
work under conditions that may be unsafe.
2.7 Estimates of our fees or other project
costs will be based on information available to
us and on our experience and knowledge. Such
estimates are an exercise of our professional
judgment and are not guaranteed or
warranted. Actual costs may vary. You should
allow a contingency in addition to estimated
costs.
Section 3: Your Responsibilities
3.1 You will provide us with prior
geotechnical and other reports, specifications,
plans, and information to which you have
access about the site. You agree to provide us
with all plans, changes in plans, and new
information as to site conditions until we have
completed our work.
3.2 You will provide access to the site. In the
course of our work some site damage is normal
even when due care is exercised. We will use
reasonable care to minimize damage to the
site. We have not included the cost of
restoration of normal damage in the estimated
charges.
3.3 You agree to provide us, in a timely
manner, with information that you have
regarding buried objects at the site. We will not
be responsible for locating buried objects at the
site unless we accept that duty in writing. You
agree to hold us harmless from claims,
damages, losses, and related expenses
involving buried objects that were not properly
marked or identified or of which you had
knowledge but did not timely call to our
attention or correctly show on the plans you or
others on your behalf furnished to us.
3.4 You will notify us of any knowledge or
suspicion of the presence of hazardous or
dangerous materials in a sample provided to us
You agree to provide us with information in
your possession or control relating to
contamination at the work site. If we observe
or suspect the presence of contaminants not
anticipated in our Agreement, we may
terminate our work without liability to you or
to others, and we will be paid for the services
we have provided.
3.5 Neither this Agreement nor the providing
of services will operate to make us an owner,
operator, generator, transporter, treater,
storer, or a disposal facility within the meaning
of the Resource Conservation Recovery Act, as
amended, or within the meaning of any other
law governing the handling, treatment, storage,
or disposal of hazardous materials. You agree
to hold us harmless and indemnify us from any
such claim or loss.
3.6 Monitoring wells are your property, and
you are responsible for their permitting,
maintenance, and abandonment unless we
accept that duty in writing.
3.7 You agree to make disclosures required by
law. In the event you do not own the site, you
acknowledge that it is your duty to inform the
owner of the discovery or release of
contaminants at the site. You agree to hold us
harmless and indemnify us from claims related
to disclosures made by us that are required by
law and from claims related to the informing or
failure to inform the site owner of the discovery
of contaminants.
Section 4: Reports and Records
4.1 Unless you request otherwise, we will
provide our report in an electronic format.
4.2 Our reports, notes, calculations, and other
documents and our computer software and
data are instruments of our service to you, and
they remain our property but are subject to a
license to you for your use in the related
project for the purposes disclosed to us. You
may not transfer our reports to others or use
them for a purpose for which they were not
prepared without our written approval. You
agree to indemnify and hold us harmless from
claims, damages, losses, and expenses,
including attorney fees, arising out of such a
transfer or use. At your request, we will provide
endorsements of our reports or letters of
reliance, but only if the recipients agree to be
bound by the terms of our agreement with you
and only if we are paid the administrative fee
stated in our then current Schedule of Charges.
4.3 Because electronic documents 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 Samples and field data remaining after
tests are conducted and field and laboratory
equipment that cannot be adequately cleansed
of contaminants are and continue to be your
property. They may be discarded or returned to
GC Page 1 of 2
you, at our discretion, unless within 15 days of
the report date you give us written direction to
store or transfer the materials at your expense.
4.6 Electronic data, reports, photographs,
samples and other materials provided by you or
others may be discarded or returned to you, at
our discretion, unless within 15 days of the
report date you give us written direction to
store or transfer the materials at your expense.
Section 5: Compensation
5.1 You will pay for services as agreed upon
or according to our then current Schedule of
Charges if there is no other written agreement
as to price. An estimated cost is not a firm
figure. You agree to pay all sales taxes and
other taxes based on your payment of our
compensation. Our performance is subject to
credit approval and payment of any specified
retainer.
5.2 You will notify us of billing disputes within
15 days. You will pay undisputed portions of
invoices on receipt. You agree to pay interest
on unpaid balances beginning 30 days after
invoice dates at the rate of 1,5% per month, or
at the maximum rate allowed by law.
5.3 If you direct us to invoice another, we will
do so, but you agree to be responsible for our
compensation unless you provide us with that
person's written acceptance of all terms of our
Agreement and we agree to extend credit to
that person and to release you.
5.4 Your obligation to pay for our services
under this Agreement is not contingent on your
ability to obtain financing, governmental or
regulatory agency approval, permits, final
adjudication of lawsuit in which we are not
involved, your successful completion of a
project, receipt of payment from another, or
any other event. No retainage will be withheld.
5.5 If you do not pay us within 60 days of
invoice date, you agree to reimburse our
expenses, including but not limited to attorney
fees, staff time, and other costs of collection.
5.6 You agree to compensate us in
accordance with our fee schedule if we are
asked or required to respond to legal process
arising out of a proceeding related to the
project and as to which we are not a party.
5.7 If we are delayed by factors beyond our
control, or if project conditions or the scope or
amount of work change, or if changed labor
union conditions result in increased costs,
decreased efficiency, or delays, or if the
standards or methods change, we will give you
timely notice and we will receive an equitable
adjustment of our compensation. If you and we
do not reach agreement on such compensation
within 30 days of our written application, we
may terminate without liability to you or
others.
5.8 If you fail to pay us within 60 days
following invoice date, we may consider the
default a total breach of our Agreement and, at
our option, terminate our duties without
liability to you or to others.
5.9 In consideration of our providing
insurance to cover claims made by you, you
hereby waive any right of offset as to fees
otherwise due us.
Section 6: Disputes, Damage, and Risk
Allocation
6.1 Each of us will exercise good faith efforts
to resolve disputes without litigation. Such
efforts will include, but not be limited to, a
meeting(s) attended by each party's
representative(s) empowered to resolve the
dispute. Before either of us commences an
action against the other, disputes (except
collections) will be submitted to mediation.
6.2 Neither of us will be liable for special,
incidental, consequential, or punitive damages,
including but not limited to those arising from
delay, loss of use, loss of profits or revenue,
loss of financing commitments or fees, or the
cost of capital.
6.3 We will not be liable for damages unless
suit is commenced within two years of the date
of injury or loss or within two years of the date
of substantial completion of our services,
whichever is earlier. We will not be liable unless
you have notified us of the discovery of the
claimed breach of contract, negligent act, or
omission within 30 days of the date of
discovery and unless you have given us an
opportunity to investigate and to recommend
ways of mitigating damages. You agree not to
make a claim against us unless you have
provided us at least 30 days prior to the
institution of any legal proceeding against us
with a written certificate executed by an
appropriately licensed professional specifying
and certifying each and every act or omission
that you contend constitutes a violation of the
standard of care governing our professional
services.
6.4 For you to obtain the benefit of a fee
which includes a reasonable allowance for risks,
you agree that our aggregate liability for all
claims will not exceed the fee paid for our
services or $50,000, whichever is greater. If you
are unwilling to accept this allocation of risk,
we will increase our aggregate liability to
$100,000 provided that, within 10 days of the
date of our Agreement, you provide payment in
an amount that will increase our fees by 10%,
but not less than $500, to compensate us for
the greater risk undertaken. This increased fee
is not the purchase of insurance.
6.5 You agree to indemnify us from all liability
to others in excess of the risk allocation stated
above and to insure this obligation.
6.6 The prevailing party in any action relating
to this Agreement shall be entitled to recover
its costs and expenses, including reasonable
attorney fees, staff time, and expert witness
fees.
6.7 The law of the state in which our servicing
office is located will govern all disputes. Each of
us waives trial by jury. No officer or employee
acting within the scope of employment shall
have individual liability for his or her acts or
omissions, and you agree not to make a claim
against individual employees.
Section 7: General Indemnification
7.1 We will indemnify and hold you harmless
from and against demands, damages, and
expenses of others to the comparative extent
they are caused by our negligent acts or
omissions or those negligent acts or omissions
of persons for whom we are legally responsible.
You will indemnify and hold us harmless from
and against demands, damages, and expenses
of others to the comparative extent they are
caused by your negligent acts or omissions or
those negligent acts or omissions of persons for
whom you are legally responsible.
7.2 To the extent it maybe necessary to
indemnify either of us under Section 7.1, you
and we expressly waive, in favor of the other
only, any immunity or exemption from liability
that exists under any worker compensation
law.
7.3 You agree to indemnify us against losses
and costs arising out of claims of patent or
copyright infringement as to any process or
system that is specified or selected by you or by
others on your behalf.
Section 8: Miscellaneous Provisions
8.1 We will provide a certificate of insurance
to you upon request. Any claim as an Additional
Insured shall be limited to losses caused by our
sole negligence.
8.2 You and we, for ourselves and our
insurers, waive all claims and rights of
subrogation for losses arising out of causes of
loss covered by our respective insurance
policies.
8.3 Neither of us will assign nor transfer any
interest, any claim, any cause of action, or any
right against the other. Neither of us will assign
or otherwise transfer or encumber any
proceeds or expected proceeds or
compensation from the project or project
claims to any third person, whether directly or
as collateral or otherwise.
8.4 Our Agreement maybe terminated early
only in writing. We will receive an equitable
adjustment of our compensation in the event
of early termination.
8.5 If a provision of this Agreement is invalid
or illegal, all other provisions shall remain in full
force and effect.
GC Revised 9/1/2013 Page 2 of 2
7/30/2015
Page 3
85' STREET NE
CITY OF OTSEGO, MN
GEOTECHNICAL EXPLORATION
PROPOSAL FORM
Schedule "A" —Proposal
Item
Description
Unit
Quantity
Unit Price
Extension
1
25 Foot Boring
5
EA
$710
EA
$3,550
2
Additional Depth
30
VF
$30
VF
3
Report Preparation
1
LS
$1,450
LS
$1,450
Total Proposal $5,000
Project Schedule: The soil borings and report shall be completed by November 1", 2015, It is
anticipated that the work will be awarded at the August 10, 2015 City Council Meeting.
By:` (IWJJ ApA& Title Pl
Signed; /` T_ Dater I
Company;tG�UY1_�«�Y1�--rrc.ie>v
Hal(anson
Anderson
NT!"
NORTHERN
TECHNOLOGIES, INC.
August 3, 2015
Hakanson Anderson
Attention: Brent Larson, P.E.
3601 Thurston Avenue
Anoka, MN 55303
1408 Northland Drive, Suite 107
Mendota Heights, MN 55120
P:763A33.9175 F:651.389.4190
www.NTIgeo.com
RE: Proposal for Geotechnical Services
85th Street Northeast Construction Project
Otsego, Minnesota
NTI Proposal P5443
We are pleased to submit our proposal to perform Geotechnical Services for the above referenced project. The
purpose of this study is to collect representative soil samples, analyze the subsurface soil and groundwater
conditions and to furnish a detailed geotechnical engineering report with appropriate design and construction
recommendations.
The proposed project consists of the construction of an extension to 85th Street Northeast from Nashua Avenue
to Mason Avenue in Otsego, Minnesota. The extension is to be approximately one mile long and is to be a 9-ton
roadway.
SCOPE OF WORK
The following is our proposed work scope based on the request for proposal provided by Hakanson Anderson.
NTI understands that a representative of Hakanson Anderson will mark the proposed boring locations and
provide the surface elevation to NTI.
NTI will contact the Minnesota "One -Call' system for clearance of public utilities within the area of the soil
borings. NTI assumes that a representative of the owner will locate any existing private utilities that may be
onsite. If the owner is unwilling or unable to locate the private utilities, NTI can provide a private locator. The
cost of the locator would be a reimbursable expense and is not included within the fee indicated below. The
total fee associated with the private locate services is based upon an hourly unit rate but typically ranges from
$250 to $350 for a project of this scale.
Pracision - Expertise GeotechIli caI - MOteliais
FARGO BISMARCK - GRAND FORKS - MINJOT - MEh1OOTA HEIGHTS
RAiMSEY � ST.OL0U0
Proposal for Geotechnical Services
85th Street Northeast Construction Project
Otsego, Minnesota
NTI will then mobilize a truck or ATV mounted drill to the site to drill five borings to a depth of approximately 25
feet below existing grade.
The total lineal feet of drilling proposed at this time is 125 feet. Borings may be terminated early if soil/bedrock
conditions resulting in practical auger refusal are encountered prior to the proposed termination depths. If soft
soils, fill or organic soils are encountered near termination we will continue drilling a reasonable depth until a
minimum of five (5) feet of suitable foundation soils are observed. This drilling program will take approximately
1 day to complete.
NTI has assumed that there is reasonable access to the proposed borehole locations. This would include slopes
suitable for traversing with a geotechnical drill rig, safe working distances from utilities, removal of site
obstructions that prohibit access to the proposed borehole locations, etc.
Based upon publically available satellite imagery the area near boring SB-5 appears to be heavily wooded and
may not be accessible without tree clearing. NTI's proposal does not include tree clearing if necessary. If NTI
were to mobilize to the site and find the site inaccessible due to site obstructions (trees) a remobilization fee of
$300 would be assessed, which is not included in the lump sum outlined below. NTI would remobilize to the site
once we have been given notification that suitable conditions exist to allow for drill rig access to the proposed
boring locations. This would include 30 feet of overhead clearance at the proposed boring locations and a path
which is roughly 10 feet wide to access the boring locations. Small underbrush, saplings and native grasses do
not need to be removed but mature trees blocking access must be removed.
In addition, drill rig access to the proposed boring locations may result in cracking of onsite pavements or
sidewalks and rutting of site soils. NTI will take reasonable precautions to prevent such damage but repair and
final restoration shall be performed by others at no charge to NTI.
Soil sampling in the borings will be performed at 2-1/2 foot intervals to a depth of 15 feet with additional
samples obtained at 5-foot intervals thereafter if necessary. Soil sampling will be performed in general
accordance with ASTM D 1586. A geotechnical engineer will visually classify field -collected samples in general
accordance with ASTM D 2488. Each soil sample's color, relative moisture, SPT N-value, relative density,
consistency and estimated compressive strength will be documented on soil boring logs.
We will measure for the presence of groundwater or lack thereof when we complete each soil boring. We will
backfill the soil borings with soil cuttings or high solids bentonite grout to comply with current Minnesota
Department of Health Regulations.
We will perform laboratory tests on selected soil samples, this may include:
1. Plastic/liquid limit tests on cohesive soils.
2. Moisture tests.
3. Gradations.
Proposal for Geotechnical Services
85th Street Northeast Construction Project
Otsego, Minnesota
Upon completion of the field and laboratory work, a factual geotechnical engineering report will be prepared.
The report will include the logs of the borings, location drawing and the results of the field and laboratory tests.
In addition, the report will include our engineering opinions and recommendations regarding:
1. Estimated R-Value for use in bituminous pavement design.
2. Estimated historic groundwater elevation based upon observed groundwater conditions and soil
mottling.
NTI's engineers are also available to provide geotechnical guidance to the design team, evaluate value
engineered alternatives, review earthwork, groundwater control, and other civil plans and specifications as an
additional service. NTI's engineers, special inspectors and technicians are available to provide construction and
materials testing services once the project construction begins. This provides professional continuity of services
throughout the design and construction of the project.
DELIVERABLES
NTI will provide two (2) paper copies and a PDF of the final report to the client.
COST
We will perform the base geotechnical exploration and report described above based upon the unit rates
outlined in the attached Schedule A proposal form.
SCHEDULE
Upon receiving authorization to proceed, the field work will typically begin in approximately 5 to 7 business days
and will take approximately 1 day to complete. The report will be issued to you within 5 to 10 business days of
completion of the field work. Boring logs and verbal information regarding our findings can be provided within 1
to 2 days after the field work has been completed.
Proposal for Geotechnical Services
85th Street Northeast Construction Project
Otsego, Minnesota
ACCEPTANCE
Please indicate your acceptance of this proposal by signing on the signature block below, and returning a copy to
us. The attached General Conditions are an integral part of this proposal. This proposal is effective until
October 30, 2015.
We thank you for the opportunity of submitting this proposal and look forward to working with you through
both the design and construction phase of this project. If you have any questions regarding this proposal please
contact the undersigned at 763-433-9175.
NORTHERN TECHNOLOGIES, INC. HAKANSON ANDERSON
Steven D. Gerber, P.E.
Senior Engineer By.
Printed Name:
Ryan M. Benson, P.E.
Regional Manager/Principal Engineer
Attachments: General Conditions
Title:
Date:
7/3 0/2015
Page 3
85"' STREET NE
CITY OF OTSEGO, MN
GEOTECHNICAL EXPLORATION
PROPOSAL FORM
QA,nA,A- "A" — PrnnnQa]
-- - --
Item
- - - -
Description
Unit
Quantity
Unit Price
Extension
1
25 Foot Boring
5
EA
$ 4 5 0
EA
$ 2, 2 5 0
2
Additional Depth
30
VF
$18
VF
$ 5 4 0
3
Report Preparation
1
LS
$1 , 4 5 0
LS
$1, 4 5 0
Total Proposal $ 4 , 240
Project Schedule: The soil borings and report shall be completed by November 1", 2015. It is
anticipated that the work will be awarded at the August 10, 2015 City Council Meeting.
By: Ryan M. Benson
Title: Regional Manager
5�1
Signed: _ " Date: August 3, 2015
Company: Northern Technologies Inc.
Hakanson
Anderson
Ell
GENERAL TERMS & CONDITIONS
1.0 CONTRACT
a. The foregoing Proposal and these General Terms and Conditions
constitute the contract (hereinafter, "Contract") between Northern
Technologies, Inc., (hereinafter, "NTI") and the party signing the
Client Authorization (hereinafter, "Client")
b. If Client directs NTI to proceed with Services (as defined below) prior
to execution of this Contract, or if Client allows NTI to continue with
Services after having received this Contract, it is understood that
each party is bound by the terms and conditions of this Contract
whether or not Client has signed this Contract.
2.0 SERVICES
a. NTI will provide Client with the services specified in the Proposal
(hereinafter, "Services" or "Scope of Services") in accordance with
the Contract's terms. Services enumerated in writing in the Contract
are considered Basic Services. Services not specifically enumerated
in writing in the Contract are not included in the scope of NTI's
Services and are not NTI's responsibility.
b. Should the need arise for NTI to expand our services in response to
conditions or events outside our control, NTI would, under Client's
direction, submit a separate proposal providing such Additional
Services. Additional Services are not included under Basic Services nor
are theycovered bythe compensation for Basic Services.
C. NTI will provide Services to Client as an independent contractor and
not as the Client's employee, agent, partner, or joint venturer.
d. NTI shall have no responsibility for the discovery, presence, handling,
removal or disposal of, or exposure of persons to, hazardous
materials or toxic substances in any form at the project site. If, while
performing the Services any hazardous substances or conditions are
discovered or encountered that pose unanticipated risks or costs, it
is agreed that the scope of Services, time schedule and the
estimated Contract costs shall be reconsidered and that this
Contract may, at NTI's option, be re -negotiated or terminated. If the
Contract is so terminated, Client shall pay NTI for the Services
performed up to the date of termination plus NTI's reasonable
termination and demobilization costs and expenses.
e. If NTI's performance of the Services is delayed by Client or by any
other circumstance beyond NTI's direct and reasonable control, then
the time for NTI's completion of the Services shall be automatically
extended based upon the duration and impact of each such delay
and NTI shall be entitled to additional compensation from Client
3.0 GENERAL RESPONSIBILITIES
a. NTI shall not be responsible for the performance of any activity or
obligation other than the Services specified in the Contract, and NTI's
performance shall not be construed as relieving Client or any third
party of their responsibilities. NTI shall have no responsibility for, or
any liability pertaining to: (1) the superintending, supervising, or
directing of the work of any independent contractor, agent or
employee of Client or any third party; or (2) the results or
consequences of work performed by any such independent
contractor, agent or employee of Client or any third party; or (3) any
claims or allegations of rights by any person or party other than
Client relating to NTI's Services; or (4) for job site safety at the
location which is the subject of this Contract (hereinafter, "Site").
b. NTI will be responsible for obtaining only those government permits,
approvals and authorizations that are specified in the Scope of
Services of the Contract. NTI is not responsible for project delays,
damages or impacts due to the government's failure to issue said
permits in a timely fashion.
C. Unless otherwise expressly agreed by NTI and Client in writing NTI's
performance of its Services is solely and exclusively for the benefit of
the Client and no party other than Client shall be entitled to rely
upon any documentation, representation, report, statement or
service made or performed by NTI.
4.0 CLIENT RESPONSIBILITIES
a. Client will make available to NTI all known information regarding
existing and proposed requirements which affects the work,
including but not limited to specifications, contracts,
recommendations, plans and change orders.
b. Client will immediately transmit to NTI any new information that
becomes available to Client or Client's contractors or subcontractors,
so that recommended actions can be reviewed.
C. Client will provide a representative to answer questions about the
project when required by NTI upon 24-hour notice.
d. Client will not hold NTI liable for any incorrect advice, judgment, or
decision based on any inaccurate information furnished by or on
behalf of Client, and Client will indemnify NTI against liability arising
out of or contributed to by such information.
e. NTI shall be entitled to additional compensation for all extra work
caused by or resulting from the failure of the information provided
to accurately describe the Site conditions.
f. With the exception of those specified as NTI's responsibility in the
Scope of Services, Client shall timely obtain all necessary permits,
governmental approvals and access agreements to allow NTI and its
agents access to the Site and any buildings thereon.
g. Client is responsible for notifying property owner(s) of the nature,
scope and timing of NTI's work, along with any potential damage
that may occur during the execution of said work.
h. Client shall provide reasonable safe access to the proposed location
of work including but not limited to slopes, distance from unities,
removal of site obstructions, etc.
5.0 NTI RESPONSIBILITIES
a. NTI will perform its Services consistent with the level of care and skill
ordinarily exercised by members of the geotechnical and materials
testing profession currently practicing under similar conditions (the
"Standard of Care"). No warranty of any kind, expressed or implied,
is made by NTI.
b. NTI will be responsible for its data, interpretation and
recommendations, but will not be responsible for interpretation by
others.
C. NTI will take reasonable precautions to prevent damage to property.
However unless specifically included in the Scope of Services NTI will
not be responsible for the repair or cost of repairs of property
including but not limited to pavements, turf, walks, vegetation,
utilities, irrigation, buildings or any other site improvements.
6.0 INSURANCE
a. NTI will carry worker's compensation insurance and public liability,
property damage, and errors and omissions insurance policies, which
NTI considers adequate. In addition to any other limitations set
forth in this Contract, it is agreed that in no event will NTI be
responsible for loss, damage or liability beyond the limits and
conditions of NTI's available insurance. NTI will not be responsible
for any loss or liability arising from the negligence of Client or by
other persons or entities employed by Client.
7.0 COMPENSATION
a. NTI's Proposal specifies if the fee is a fixed fee or an estimate based
on set rates. Unless specifically stated in the Proposal Client
acknowledges that the fee estimate will not be construed to be a
maximum or not to exceed amount.
b. NTI will submit invoices to client monthly, and a final invoice upon
completion of Services. Invoices will show charges based on current
NTI Fee Schedule or other basis agreed upon in writing. A detailed
separation of charges and backup data will be provided at Client's
request.
c. Client shall notify NTI immediately if there are any issues relating to
the invoice format, amounts, name of responsible party or any other
factors preventing payment of the invoice as submitted.
d. Unless specifically stated in the Proposal, NTI's fees will not be
subject to retainage.
e. Unless specifically stated in the Proposal, payment of invoices for NTI
Services shall not be contingent upon project financing or payments
received by the Client from other parties.
f. The Client will pay the balance stated on the invoices unless Client
notifies NTI in writing of the particular item that is alleged to be
incorrect within fifteen (15) days from the invoice date. NTI will
strive to resolve Client's concerns in a timely manner as long as the
balance of the invoice is paid within the terms of this Contract. In
GENERAL TERMS & CONDITIONS
the event Client fails to bring a billing dispute to NTI's attention
within the 15-day period, Client waives the right to later dispute the
invoice.
g. Payment is due upon receipt of invoice and is considered past due
thirty (30) days from invoice date. On past due accounts, Client will
pay a late charge of 1.5(%) per month, or the maximum allowed by
law.
h. In the event Client fails to pay NTI within sixty (60) days following
invoice date, NTI may consider the default a total breach of this
Contract and all duties of NTI under this Contract will be terminated.
I. Partial payments received will first be applied to accrued late
charges, then expenses and then to the principal balance.
j, Client agrees that NTI may increase its billing rates/fees on each
anniversary of this Contract.
8.0 OWNERSHIP OF DOCUMENTS /SAMPLES
a. The Client acknowledges that the reports, data, plans, specifications,
representations, correspondence and all other documents
prepared by NTI as part of its Services under this Contract
(collectively referred to as "Documentation") are instruments of
NTI's service to Client. Client agrees to save, defend, indemnify and
hold NTI and its officers, directors, shareholders, employees and
agents harmless from and against all claims, damages, losses and
related expenses (including, without limitation, all reasonable
attorney fees, disbursements, expert witness fees and all costs of
court and litigation) in any manner arising from or pertaining to:
(a) any re -use of the Documentation without the prior written
authorizationof NTI or, (b) claim(s) by any third party ( other than
Client) to whom Client distributed or provided any of the
Documentation, either directly, through an agent, or by requesting
that NTI provide it to the third party, without the prior written
authorizationof NTI.
b. Client agrees that all reports and other work furnished to the Client
or his agents, which are not paid for, will be returned upon demand
and will not be used by the Client for any purpose.
C. NTI will retain all pertinent records concerning Services performed
for a period of two (2) years after the report is sent; during that time
the records will be made available to the Client during NTI's normal
business hours.
d. NTI will retain representative samples for 30 days after submission
of NTI report. Upon request by Client, samples can be shipped,
charges collect, to destination selected by Client; or NTI can store
them for an agreed upon storage charge.
9.0 DISPUTES
a. All claims, disputes, and controversies arising out of or in relation
to the performance, interpretation, application, or enforcement of
this Contract, including, but not limited to, breach thereof, shall be
referred for mediation under the then current Construction
Industry Mediation Rules of the American Arbitration Association
prior to any recourse to litigation.
b. In the event of any litigation arising out of or relating to this Contract
or the Services, the prevailing party shall be entitled to reasonable
attorneys' and experts' fees, court costs and other costs of collection
including NTI's labor costs in connection with the prosecution of any
collection lawsuit.
10.0 LIMITATION OF LIABILITY
a. CLIENT understands that the Services provided by NTI involve the
application of scientific and technical skill, judgment and discretion
that is not an exact science and that NTI cannot and does not
guaranty the results of its Services. Instead, NTI agrees to perform
the Services according to the Standard of Care.
b. NTI's liability to the Client and all contractors and subcontractors on
the project, for damages due to professional negligence, negligence
or breach of any other obligation to Client or others, will be limited
to an amount not to exceed $20,000 or NTI's fee, whichever is less.
C. Client will notify any contractor or subcontractor who performs work
in connection with any work done by NTI of the limitations of liability
for design defects, errors, omissions, or professional negligence, and
to require as a condition precedent to their performing their work, a
like indemnity and limitations of liability on their part as against NTI.
In the event the Client fails to obtain a like limitation and indemnity,
Client agrees to indemnify NTI for any liability to any third party.
d. NTI shall have no liability for any failure to perform or delay in
performance due to any circumstances beyond its reasonable
control. Additionally, in no event shall NTI be liable or responsible to
Client or any other person for any consequential, special, incidental,
exemplary, or punitive damages, including but not limited to,
governmental fines, penalties or liabilities, lost profits or other
economic loss (whether arising from negligence, errors, omissions,
breach of contract, breach of warranty, tort, strict liability or
otherwise), resulting from any claimed defect or deficiency in the
Services provided by NTI or any failure by NTI to provide Services.
11.0 TERMINATION
a. This agreement may be terminated by either party upon seven (7)
days written notice if there is substantial failure by the other party to
perform. Termination will not be effective if substantial failure is
remedied before expiration of the seven days. Upon termination
other than for NTI's default, NTI will be paid for Services rendered
plus reasonable termination expenses.
b. If the Contract is terminated prior to completion of all reports
contemplated by the agreement, or suspended for more than three
(3) months, NTI may complete analysis and records as are necessary
to complete its files and may complete a report on the Services
performed. Termination or suspension expenses will include direct
costs of completing analysis, records and report.
12.0 ASSIGNS
a. Neither party may assign duties or interest in the Contract without
the written consent of the other party.
13.0 MISCELLANEOUS
a. If any provision or provisions of this Contract shall be held to be
invalid, illegal, unenforceable or in conflict with the law of any
jurisdiction, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby.
b. This Contract is the entire agreement between NTI and Client and
it supersedes all prior written or oral agreements with respect to
the subject matter hereof. No amendment or assignment of the
Contract shall be effective unless agreed to in a writing signed by
authorized representatives of both parties.
C. The provisions of this Contract relating to the limitation of
liability and damages, warranties, indemnification, use of plans,
specifications, reports and all other Documentation provided by
NTI and those specifying choice of law, dispute resolution, notice,
waiver, and severability shall survive termination of this Contract.
d. The terms of this Contract and its enforcement and
interpretation shall be governed by the laws of the state where
the project is located. If any provision of this Contract is
determined to be unlawful, invalid or unenforceable, that
provision shall be severed from the Contract and shall not
render this Contract, or any other of its other provisions,
unlawful, invalid or unenforceable.
14.0 PRE -LIEN NOTICE
a. By signing this Contract Client represents and warrants that it either
owns fee title to, or has the legal right to direct NTI to perform
Services in connection with, the site of the project and that there is
presently nothing to prevent NTI from filing a lien against the site of
the project.
b. ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR
THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST
YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR
THE CONTRIBUTIONS.
C. UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS
WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT
DIRECTLY AND DEDUCTTHIS AMOUNT FROM OUR CONTRACT PRICE,
OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS
AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A
LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR
MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY
NOTICE.
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