HomeMy WebLinkAbout#04 - 2024 CIP Infrastructure Projects
DATE: July 18, 2023
CONSENT
AGENDA ITEM: Approve Geotechnical Services for 2024 CIP Infrastructure Projects. SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Chad Isakson, Assistant City Engineer Mike Rusenovich. Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve a contract to complete geotechnical services for the 2024 CIP Infrastructure Projects? PROPOSAL DETAILS/ANALYSIS: Staff received proposals from both American Engineering Testing (AET) and Braun Intertec to complete subsurface explorations for pavement and utility improvements to be completed as part of the city’s 2024 CIP projects, and to provide design recommendations based on
existing soil conditions. These projects include the following:
1. 2024 Street and Utility Improvements (Carriage Station and Jamaca Court). 2. 15th Street Improvements. 3. 30th Street Gap Segment Improvements. 4. Hudson Boulevard Gap Segment Street Improvements. 5. Homestead Street and Utility Improvements. 6. Stillwater Boulevard (CSAH 14) Trunk Watermain Improvements. Both companies submitted initial proposals with delivery schedules extending into late fall. After discussing
the project schedules and priorities, and requesting revised schedules for the more time sensitive parts of the work, the city engineer is recommending a contract be awarded to Braun Intertec. In addition to accelerating the project schedule for the preliminary recommendations for the 2024 Street Improvements,
Braun Intertec’s proposal represented a slightly more thorough and responsive scope of work. Braun Intertec. included a total fee of $65,367 and AET’s proposal included a total fee of $59,951.85. FISCAL IMPACT: $65,367.00. This amount represents the total design phase geotechnical services fees needed for each of the 6 CIP infrastructure projects programmed for 2024. The appropriate costs will be assigned to each project. Two of the listed projects are anticipated to be funded through 3M Grant Agreements. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent
Agenda, a geotechnical services contract with Braun Intertec for the 2024 CIP Infrastructure Projects in the not to exceed amount of $65,367.00. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to approve a geotechnical services contract with Braun Intertec for the 2024 CIP Infrastructure Projects in the not to exceed amount of $65,367.00”. ATTACHMENTS: 1. AET Proposal for Geotechnical Services for 2024 CIP Projects. 2. Braun Intertec Proposal for Geotechnical Services for 2024 CIP Projects.
550 Cleveland Avenue North | Saint Paul, MN 55114 Phone (651) 659-9001 | (800) 972-6364 | Fax (651) 659-1379 | teamAET.com | AA/EEO This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc
July 12, 2023
City of Lake Elmo
3880 Laverne Avenue North, Suite 100 Lake Elmo, MN 55042-9599 Attn: Mr. Mike Rusenovich, PE, Project Engineer
mike.rusenovich@focusengineeringinc.com RE: Proposal for Geotechnical Exploration 2024 CIP Projects Lake Elmo, Minnesota
AET Proposal No. P-0024783 Dear Mr. Rusenovich: American Engineering Testing, Inc. (AET) is pleased to submit a proposal to the city of Lake
Elmo (the City) for this project. In this proposal, we present our understanding of the project, an outline of our scope of services, a fee schedule, and an estimate of charges for our services.
PURPOSE
The purpose of these services is to explore pavement and subsurface conditions at the site.
Based on our characterization of the data obtained from our field exploration, we will prepare a
geotechnical engineering report presenting comments and recommendations to assist the project team in design and construction of the above referenced project.
PROJECT DESCRIPTION
The City is proposing pavement and utility improvements during the 2024 construction season
for the following project areas: Homestead Street & Utility Improvements, Project No. 2023.112 The proposed pavement improvements include the reconstruction of approximately 0.6 miles of
residential streets with new curb and gutter. The grade is anticipated to remain within ½ foot of
the current grade. The utility improvements include 8-inch watermain which will be either be installed by either directionally drilling, open-cut trenches, or a combination. The depth of the watermain has not been provided. However, we assume it will be placed at a depth of 7 feet or shallower.
2024 Street and Utility Improvements, Project No. 2023.111 The proposed pavement improvements include a combination of reclaim and reconstruction of residential streets with new curb and gutter along Jamaca Ct N and within the Carriage Station neighborhood. The grade is anticipated to remain within ½ foot of the current grade. The utility
improvements include 12-inch watermain which will be either be installed by either directionally
City of Lake Elmo – 2024 CIP Projects P-0024783 July 12, 2023 Page 2 of 8 drilling, open-cut trenches, or a combination. However, we assume it will be placed at a depth of 7 feet or shallower.
CSAH 14 Trunk Watermain Improvements, Project No. 2023.113 The City is planning the reconstruction of 1.6 miles of roadway along Stillwater Blvd (CSAH 14) and Stillwater Lane. The grade is anticipated to remain within ½ foot of the current grade. Additionally, a watermain will be replaced and will be installed using either directionally drilling,
open-cut trenches, or a combination. However, we assume it will be placed at a depth of 7 feet
or shallower. 15th Street Improvements The proposed pavement improvements include the reclamation of 0.5 miles of 15th Street
between the County line and Inwood Avenue. The grade is anticipated to remain within ½ foot
of the current grade. 30th Street Gap Segment Street Improvements The proposed pavement improvements include the reclamation of 0.15 miles of 30th Street
between Lisbon Ave and Village Parkway. The grade is anticipated to remain within ½ foot of
the current grade. Hudson Boulevard Gap Segment Street Improvements The proposed pavement improvements include the reclamation or a mill & overlay of 0.65 miles
(two segments) of Hudson Blvd between Inwood Ave and Eagle Point Blvd and between about
900 feet east of Eagle Point Blvd and 1300 feet west of Julia Ave N.
SCOPE OF SERVICES
Ground Penetrating Radar Testing
We will perform a GPR survey in the drive lanes for all road segments except CSAH 14. GPR is a
non-destructive pavement testing method that scans the pavement up to 4 times per foot (3-inch intervals) using our GSSI Roadscan Equipment mounted to the back of a pick-up truck. Each scan produces the depth of the bituminous and aggregate base (if visible) at that location. The GPR data is correlated to the physical layer measurements of the pavement using pavement cores and
aggregate base thickness obtained from borings. The GPR scans are connected to a global
positioning system (GPS) unit, and we will provide a table with bituminous thickness and aggregate base thickness (if visible). Falling Weight Deflectometer (FWD) Testing
Falling Weight Deflectometer (FWD) testing is a form of non-destructive testing used to estimate
the strength of the existing road core. We will perform FWD testing staggered in each direction of travel at approximately 1/10th-mile spacings. The testing will be conducted using the standard 9 sensor Strategic Highway Research Program (SHRP) spacing and at 6,000- and 9,000-pounds force. FWD testing provides data that allows the calculation of spring load capacity and subgrade
modulus, from which we can more accurately assess the required reconstruction or rehabilitation
City of Lake Elmo – 2024 CIP Projects P-0024783 July 12, 2023 Page 3 of 8 method utilized. The FWD data collection system is linked to GPS coordinates. A crash truck attenuator will follow our FWD vehicle for the non-residential streets for safety.
Field Exploration
• Mark soil boring locations in the field.
• Obtain the necessary Lake Elmo and Washington County right-of-way permits for drilling, if required. We have assumed there is no charge for the permits.
• Arrange clearance of underground public utilities.
• Perform a total of 43 Standard Penetration Test (SPT) soil borings.
o Homestead Street & Utility Improvements, Project No. 2023.112
Perform 7 standard penetration test borings to depths of 9 feet.
Obtain pavement cores at each location. o 2024 Street and Utility Improvements, Project No. 2023.111
Perform 6 standard penetration test borings to depths of 5 feet in reclaim
areas.
Perform 4 standard penetration test borings to depths of 9 feet in reconstruction/watermain areas.
Obtain pavement cores at all 10 locations.
Perform a curb condition survey noting areas of cracked/broken curbs.
o CSAH 14 Trunk Watermain Improvements, Project No. 2023.113
Perform 12 standard penetration test borings to depths of 9 feet along CSAH 14 (county right-of-way).
Perform 5 standard penetration test borings to depths of 9 feet along
Stillwater Lane North (city right-of-way).
Obtain pavement cores at the 5 locations along Stillwater Lane.
o 15th Street Improvements
Perform 3 standard penetration test borings to depths of 5 feet.
Obtain pavement cores at each location.
o 30th Street Gap Segment Street Improvements
Perform 1 standard penetration test boring to a depth of 5 feet.
Obtain a pavement core. o Hudson Boulevard Gap Segment Street Improvements
Perform 5 standard penetration test borings to depths of 5 feet.
Obtain pavement cores at each location.
• Backfill the boreholes per Minnesota Department of Health (MDH) requirements.
• Patch the street surface with cold-mix bituminous.
• Document the final soil boring locations and elevations using a GPS unit with submeter accuracy. We will provide traffic control via a subcontractor in accordance with the Minnesota Manual of
Uniform Traffic Control Devices (MN MUTCD). We anticipate Layout 16, a 2-flagger control
operation will be used for non-residential roads. However, along residential roads, we assume traffic signs and cones will be sufficient.
City of Lake Elmo – 2024 CIP Projects P-0024783 July 12, 2023 Page 4 of 8 Before we drill, we will contact Gopher State One Call to locate public underground utilities. Gopher State One Call does not currently charge for this service, but they will not locate private
underground utilities or structures. The marking of any private utilities must be arranged by the
property owner prior to our drill crew mobilization. Please see our discussion regarding private underground utilities later in this proposal. We will drill the borings using hollow stem augers or by rotary mud drilling, with sampling by the
split-barrel method (ASTM D1586). Our crew will keep field logs noting the methods of drilling
and sampling, the Standard Penetration Values (N-values, “blows per foot”), preliminary soil classification, and observed groundwater levels. We will collect samples at 2.5-foot intervals to the planned termination depths. Representative portions of recovered samples will be sealed in jars or bags to prevent moisture loss and submitted to our laboratory for review, testing, and final
classification.
We will backfill the boreholes to comply with State requirements. Even after backfilling, some sloughing of the backfill may occur, resulting in a potential tripping hazard to pedestrians. We assume the City will backfill and repair any boreholes that may slough after our exploration is
complete. AET cannot accept any liability associated with pedestrian injury. We assume the boring
locations are readily accessible by our truck-mounted drill rig. Laboratory Testing We will initiate routine laboratory testing by reviewing each recovered soil sample to assess the
major and minor soil components, while also noting the color, degree of saturation, and lenses
or seams in the samples. We also propose to perform moisture content tests on cohesive soils, as well as percent passing the #200 sieve, sieve analyses, and possibly organic content testing. On completion of testing, we will visually/manually classify the soils according to the USCS and
AASHTO soil classification systems. We will then prepare the final subsurface boring logs.
Report Following the field and laboratory services, six separate reports will be prepared and submitted. The reports will include a final GPR analysis for the bituminous pavement thickness and possible
aggregate base thickness (if visible), FWD analyses including R-values and load carrying
capacities, subsurface boring logs of the soil borings, pavement core logs, the laboratory test results, summary statistics of the GPR data and maps, a review of the engineering properties of the on-site soils and our geotechnical engineering opinions and recommendations regarding the following:
• A summary of the existing pavement, aggregate base, and subbase (if encountered) thickness encountered at the boring locations.
• A review of the soil and groundwater conditions encountered, as well as pertinent
engineering properties of the soils.
• Discussion of recommended rehabilitation options including reconstruction, mill &
overlay and FDR (as applicable).
City of Lake Elmo – 2024 CIP Projects P-0024783 July 12, 2023 Page 5 of 8
• Pavement section thickness designs based on an estimated R-value.
• Utility recommendations including bedding, backfill requirements, and the suitability of
horizontal directional drilling (as applicable).
• Comments on other items which may affect final performance or constructability, such
as frost heave, settlement, drainage, and dewatering considerations.
Additionally, for the 2024 Street and Utility Improvements project, the report will include an in-
place curb condition summary with an approximate percentage of the curb recommended to be replaced and the feasibility of leaving portions in place.
SCHEDULE
Weather permitting and based on our current backlog, we anticipate the GPR and FWD field
services can be completed within three weeks following authorization to proceed. The drilling can be completed within 5 weeks following authorization to proceed. Laboratory testing can be completed about two weeks after completion of the field services. The first geotechnical report should be submitted within 2 weeks following the laboratory testing. The remaining 5 reports
should be submitting at about 2 per week following the first report.
Assuming an authorization date of July 19, 2023, our anticipated schedule is:
• August 9, 2023 – GPR and FWD field services completed.
• August 23, 2023 – Drilling field services completed.
• September 6, 2023 – Laboratory testing completed.
• September 20, 2023 – First of six geotechnical reports submitted (1 of 6).
• September 27, 2023 – 2 more geotechnical reports submitted (3 of 6).
• October 4, 2023 – 2 more geotechnical reports submitted (5 of 6).
• October 11, 2023 – Sixth geotechnical report submitted (6 of 6).
FEES
The scope of services defined above will be performed on a time and materials basis in accordance with the attached Fee Estimates and the breakdown below.
1. Homestead Street & Utility Improvements, Project No. 2023.112 $ 8,732.25
2. 2024 Street and Utility Improvements, Project No. 2023.111 $11,419.00
3. CSAH 14 Trunk Watermain Improvements, Project No. 2023.113 $18,443.50
4. 15th Street Improvements $ 7,219.60
5. 30th Street Gap Segment Street Improvements $ 5,907.20
6. Hudson Boulevard Gap Segment Street Improvements $ 8,230.30
TOTAL ESTIMATE $59,951.85
City of Lake Elmo – 2024 CIP Projects P-0024783 July 12, 2023 Page 6 of 8 Please note that that above fee estimates assume that all 6 project areas will be included in the finalized contract and the mobilizations can be combined.
In the event the scope of our services needs to be revised, such as additional or deeper borings and additional field or laboratory testing, we will review such scope adjustments and the associated fees with you and receive your approval before proceeding. Additional services will be charged in accordance with the attached fee schedule. Our fees will be in effect for thirty days
following the date of this proposal, and fees for services authorized after this expiration date will
be subject to review and possible escalation.
UNDERGROUND UTILITIES
Prior to drilling, we will contact Gopher State One Call to locate public underground utilities;
however, Gopher State One Call will not locate private underground utilities or structures.
Examples of private utilities include, but are not limited to, propane lines, sewer laterals, sprinkler systems, site lighting, and electric and data lines between buildings. Gopher State One Call states that the property owner is responsible for locating all private underground utilities and structures. Please provide us with any maps, plans, and/or records showing the location
of all private utilities and structures.
We can provide you with names and contact information for private utility locators. These companies usually charge a fee for their services. Also, please note that private locators cannot guarantee that all private utilities will be located. For the private locator to be accurate and
effective, the property owner must provide maps, plans and records showing the location of all
private utilities and structures. The property owner must also provide a knowledgeable site representative to meet with the private locator and AET personnel. AET shall be entitled to rely upon the accuracy of all location information supplied by any source.
We will not be responsible for any damages to underground utilities or structures not located or
incorrectly identified by the property owner, any maps, plans or records, or public or private utility locator providers.
ENVIRONMENTAL CONCERNS
This proposal is presented for engineering services to evaluate the structural properties of the
soil at the specified site. This proposal does not cover an environmental assessment of the site or environmental testing of the soil or groundwater. If you wish to have us provide these additional services, please contact us.
TERMS AND CONDITIONS
All AET Services are provided subject to the Terms and Conditions set forth in the enclosed “Environmental/Geotechnical Service Agreement—Terms and Conditions,” which, upon acceptance of this proposal, are binding upon you as the Client requesting Services, and your successors, assignees, joint venturers and third-party beneficiaries. Please be advised that additional insured status is granted upon acceptance of the proposal.
City of Lake Elmo – 2024 CIP Projects P-0024783 July 12, 2023 Page 7 of 8 ACCEPTANCE
This proposal is presented in electronic (PDF) form; hard copies can be prepared and mailed to
your office upon request. AET requests written acceptance of this proposal in the proposal acceptance box below, but the following actions shall constitute your acceptance of this proposal together with the Terms and Conditions and Amendments: 1) issuing an authorizing purchase order for any of the Services described above, 2) authorizing AET’s presence on site, or 3)
written or electronic notification for AET to proceed with any of the Services described in this
proposal. Please indicate your acceptance of this proposal by signing below and returning a copy to us. When you accept this proposal, you represent that you are authorized to accept on behalf of the Client.
We have enclosed with this proposal a copy of the “Environmental/Geotechnical Service
Agreement – Terms and Conditions.” The terms contained in the attached “Environmental/Geotechnical Service Agreement – Terms and Conditions” are incorporated herein and are an integral part of this contract for professional engineering services.
Sincerely, American Engineering Testing, Inc.
Justin Staker, PE (MN) Thomas Evans, PE (MN) Engineer II Senior Engineer jstaker@teamAET.com tevans@teamAET.com Phone: (651) 523-1265 Phone: (701) 690-9732
Attachments: Fee Estimates Environmental/Geotechnical Service Agreement – Terms and Conditions
ACCEPTANCE AND AUTHORIZATION: AET Proposal No. P-0024783
SIGNATURE:
PRINTED NAME:
COMPANY:
ADDRESS:
PHONE NUMBER AND EMAIL:
DATE:
INVOICING INFORMATION (Provide Company AP Department Information, if present.)
AP CONTACT NAME:
BILLING/MAILING ADDRESS:
City of Lake Elmo – 2024 CIP Projects P-0024783 July 12, 2023 Page 8 of 8 AP PHONE NUMBER AND INVOICE EMAIL:
P.O. NO./ PROJECT NO.:
GEOTECHNICAL SERVICES FEE ESTIMATE
HOMESTEAD STREET AND UTILITY IMPROVEMENTS
14TH ST NLAKE ELMO, MINNESOTA
AET PROPOSAL No. P-0024783
UNIT BUDGET
RATE AMOUNT
Drilling Technician 1.5 hours $120.00 $180.00
Auxiliary Vehicle Rental 1.5 hours $35.00 $52.50
Auxiliary Vehicle Mileage 10 miles $1.50 $15.00
GPS Equipment 0.25 days $200.00 $50.00
Section Subtotal:$297.50
Hourly Drilling
Drilling Technician 16 hours $120.00 $1,920.00
Coring Equipment - Hourly 8 hours $70.00 $560.00
Truck with Drill Rig Rental 8 hours $110.00 $880.00
Auxiliary Vehicle Mileage 50 miles $1.50 $75.00
Truck with Drill Rig Mileage 50 miles $1.75 $87.50Section Subtotal:$3,522.50
Technician, Level II 1 hours $110.00 $110.00
Ground Penetrating Radar (testing)0.25 hours $110.00 $27.50
Ground Penetrating Radar (travel)0.25 hours $60.00 $15.00
HD Camera 0.25 days $130.00 $32.50
Auxiliary Vehicle Mileage 10 miles $1.50 $15.00
Section Subtotal:$200.00
Technician, Level II 1 hours $110.00 $110.00
Falling Weight Deflectometer with Truck (testing)0.25 hours $235.00 $58.75
Falling Weight Deflectometer Including Truck (travel)0.25 hours $120.00 $30.00
Auxiliary Vehicle Mileage 7 hours $1.50 $10.50
Technician, Level II (Shadow Vehicle Driver)0 hours $110.00 $0.00
Truck with Warning Sign/Crash Trailer Rental 0 hours $52.00 $0.00
Truck with Warning Sign/Crash Trailer Mileage 0 hours $1.60 $0.00
Section Subtotal:$209.25
Traffic Control Signs Rental 1 days $150.00 $150.00
Subcontractor 0 each $0.00
Section Subtotal:$150.00
Classification 6 hours $130.00 $780.00
ASTM D6913 Sieve Analysis of Soils 3 tests $127.00 $381.00
ASTM D1140 Material Finer Than No. 200 Sieve in Soils 2 tests $61.00 $122.00
ASTM D2974 Moisture, Ash and Organic Matter of Peat & Organic Soils 1 tests $90.00 $90.00Section Subtotal:$1,373.00
Project Administrator 3 hours $80.00 $240.00
Engineer I 1.5 hours $160.00 $240.00
Engineer II 9 hours $180.00 $1,620.00
Senior Engineer 3 hours $210.00 $630.00
Principal Engineer 1 hours $250.00 $250.00
Section Subtotal:$2,980.00
$8,732.25ESTIMATED BUDGET
Layout & Utility Clearance
Geotechnical Field Services
Laboratory
Project Management & Reporting
ESTIMATED
Traffic Control
UNITS
Ground Penetrating Radar
Falling Weight Deflectometer
SERVICE DESCRIPTION PROJECT BUDGET
Page 1 of 1
GEOTECHNICAL SERVICES FEE ESTIMATE
2024 STREET AND UTILITY IMPROVEMENTS
CARRIAGE STATION AND JAMACA CTLAKE ELMO, MINNESOTA
AET PROPOSAL No. P-0024784
UNIT BUDGET
RATE AMOUNT
Drilling Technician 1.5 hours $120.00 $180.00
Auxiliary Vehicle Rental 1.5 hours $35.00 $52.50
Auxiliary Vehicle Mileage 10 miles $1.50 $15.00
GPS Equipment 0.25 days $200.00 $50.00
Section Subtotal:$297.50
Hourly Drilling
Drilling Technician 16 hours $120.00 $1,920.00
Coring Equipment - Hourly 8 hours $70.00 $560.00
Truck with Drill Rig Rental 8 hours $110.00 $880.00
Auxiliary Vehicle Mileage 60 miles $1.50 $90.00
Truck with Drill Rig Mileage 60 miles $1.75 $105.00Section Subtotal:$3,555.00
Technician, Level II 2 hours $110.00 $220.00
Ground Penetrating Radar (testing)0.5 hours $110.00 $55.00
Ground Penetrating Radar (travel)0.5 hours $60.00 $30.00
HD Camera 0.25 days $130.00 $32.50
Auxiliary Vehicle Mileage 20 miles $1.50 $30.00
Section Subtotal:$367.50
Technician, Level II 2 hours $110.00 $220.00
Falling Weight Deflectometer with Truck (testing)0.5 hours $235.00 $117.50
Falling Weight Deflectometer Including Truck (travel)0.75 hours $120.00 $90.00
Auxiliary Vehicle Mileage 14 hours $1.50 $21.00
Technician, Level II (Shadow Vehicle Driver)0 hours $110.00 $0.00
Truck with Warning Sign/Crash Trailer Rental 0 hours $52.00 $0.00
Truck with Warning Sign/Crash Trailer Mileage 0 hours $1.60 $0.00
Section Subtotal:$448.50
Traffic Control Signs Rental 1 days $150.00 $150.00
Subcontractor 0 each $0.00
Section Subtotal:$150.00
Classification 6 hours $130.00 $780.00
ASTM D6913 Sieve Analysis of Soils 5 tests $127.00 $635.00
ASTM D1140 Material Finer Than No. 200 Sieve in Soils 3 tests $61.00 $183.00
ASTM D2974 Moisture, Ash and Organic Matter of Peat & Organic Soils 1 tests $90.00 $90.00Section Subtotal:$1,688.00
Project Administrator 3 hours $80.00 $240.00
Engineer I 3 hours $160.00 $480.00
Engineer II 12 hours $180.00 $2,160.00
Senior Engineer 7 hours $210.00 $1,470.00
Principal Engineer 2 hours $250.00 $500.00
Standard Vehicle Mileage 50 miles $1.25 $62.50
Section Subtotal:$4,912.50
$11,419.00
SERVICE DESCRIPTION PROJECT BUDGET
Layout & Utility Clearance
Geotechnical Field Services
Laboratory
Project Management & Reporting
ESTIMATED
Traffic Control
UNITS
Ground Penetrating Radar
Falling Weight Deflectometer
ESTIMATED BUDGET
Page 1 of 1
GEOTECHNICAL SERVICES FEE ESTIMATE
CSAH 14 TRUNK WATERMAIN IMPROVEMENTS
STILLWATER BLVDLAKE ELMO, MINNESOTA
AET PROPOSAL No. P-0024785
UNIT BUDGET
RATE AMOUNT
Drilling Technician 3 hours $120.00 $360.00
Auxiliary Vehicle Rental 3 hours $35.00 $105.00
Auxiliary Vehicle Mileage 10 miles $1.50 $15.00
GPS Equipment 0.25 days $200.00 $50.00
Section Subtotal:$530.00
Hourly Drilling
Drilling Technician 32 hours $120.00 $3,840.00
Coring Equipment - Hourly 16 hours $70.00 $1,120.00
Truck with Drill Rig Rental 16 hours $110.00 $1,760.00
Auxiliary Vehicle Mileage 100 miles $1.50 $150.00
Truck with Drill Rig Mileage 100 miles $1.75 $175.00Section Subtotal:$7,045.00
Technician, Level II 1.75 hours $110.00 $192.50
Ground Penetrating Radar (testing)0.5 hours $110.00 $55.00
Ground Penetrating Radar (travel)0.5 hours $60.00 $30.00
HD Camera 0.5 days $130.00 $65.00
Auxiliary Vehicle Mileage 15 miles $1.50 $22.50
Section Subtotal:$365.00
Technician, Level II 1.75 hours $110.00 $192.50
Falling Weight Deflectometer with Truck (testing)0.5 hours $235.00 $117.50
Falling Weight Deflectometer Including Truck (travel)0.5 hours $120.00 $60.00
Auxiliary Vehicle Mileage 15 hours $1.50 $22.50
Technician, Level II (Shadow Vehicle Driver)0 hours $110.00 $0.00
Truck with Warning Sign/Crash Trailer Rental 0 hours $52.00 $0.00
Truck with Warning Sign/Crash Trailer Mileage 0 hours $1.60 $0.00
Section Subtotal:$392.50
Traffic Control Signs Rental 1 days $150.00 $150.00
Subcontractor 1.5 each $2,500.00 $3,750.00
Section Subtotal:$3,900.00
Classification 9 hours $130.00 $1,170.00
ASTM D6913 Sieve Analysis of Soils 4 tests $127.00 $508.00
ASTM D1140 Material Finer Than No. 200 Sieve in Soils 3 tests $61.00 $183.00
ASTM D2974 Moisture, Ash and Organic Matter of Peat & Organic Soils 1 tests $90.00 $90.00Section Subtotal:$1,951.00
Project Administrator 5 hours $80.00 $400.00
Engineer I 3 hours $160.00 $480.00
Engineer II 9 hours $180.00 $1,620.00
Senior Engineer 6 hours $210.00 $1,260.00
Principal Engineer 2 hours $250.00 $500.00
Section Subtotal:$4,260.00
$18,443.50
SERVICE DESCRIPTION PROJECT BUDGET
Layout & Utility Clearance
Geotechnical Field Services
Laboratory
Project Management & Reporting
ESTIMATED
Traffic Control
UNITS
Ground Penetrating Radar
Falling Weight Deflectometer
ESTIMATED BUDGET
Page 1 of 1
GEOTECHNICAL SERVICES FEE ESTIMATE
15TH STREET IMPROVEMENTS
15TH STREET AND INWOOD AVENUELAKE ELMO, MINNESOTA
AET PROPOSAL No. P-0024786
UNIT BUDGET
RATE AMOUNT
Drilling Technician 1 hours $120.00 $120.00
Auxiliary Vehicle Rental 1 hours $35.00 $35.00
Auxiliary Vehicle Mileage 10 miles $1.50 $15.00
GPS Equipment 0.25 days $200.00 $50.00
Section Subtotal:$220.00
Hourly Drilling
Drilling Technician 8 hours $120.00 $960.00
Coring Equipment - Hourly 4 hours $70.00 $280.00
Truck with Drill Rig Rental 4 hours $110.00 $440.00
Auxiliary Vehicle Mileage 25 miles $1.50 $37.50
Truck with Drill Rig Mileage 25 miles $1.75 $43.75Section Subtotal:$1,761.25
Technician, Level II 0.75 hours $110.00 $82.50
Ground Penetrating Radar (testing)0.25 hours $110.00 $27.50
Ground Penetrating Radar (travel)0.25 hours $60.00 $15.00
HD Camera 0.25 days $130.00 $32.50
Auxiliary Vehicle Mileage 10 miles $1.50 $15.00
Section Subtotal:$172.50
Technician, Level II 0.75 hours $110.00 $82.50
Falling Weight Deflectometer with Truck (testing)0.25 hours $235.00 $58.75
Falling Weight Deflectometer Including Truck (travel)0.25 hours $120.00 $30.00
Auxiliary Vehicle Mileage 6 hours $1.50 $9.00
Technician, Level II (Shadow Vehicle Driver)0.5 hours $110.00 $55.00
Truck with Warning Sign/Crash Trailer Rental 0.5 hours $52.00 $26.00
Truck with Warning Sign/Crash Trailer Mileage 6 miles $1.60 $9.60
Section Subtotal:$270.85
Traffic Control Signs Rental 0 days $150.00 $0.00
Subcontractor 0.5 each $2,500.00 $1,250.00
Section Subtotal:$1,250.00
Classification 3 hours $130.00 $390.00
ASTM D6913 Sieve Analysis of Soils 2 tests $127.00 $254.00
ASTM D1140 Material Finer Than No. 200 Sieve in Soils 1 tests $61.00 $61.00
ASTM D2974 Moisture, Ash and Organic Matter of Peat & Organic Soils 1 tests $90.00 $90.00Section Subtotal:$795.00
Project Administrator 2 hours $80.00 $160.00
Engineer I 1.5 hours $160.00 $240.00
Engineer II 7 hours $180.00 $1,260.00
Senior Engineer 4 hours $210.00 $840.00
Principal Engineer 1 hours $250.00 $250.00
Section Subtotal:$2,750.00
$7,219.60ESTIMATED BUDGET
Layout & Utility Clearance
Geotechnical Field Services
Laboratory
Project Management & Reporting
ESTIMATED
Traffic Control
UNITS
Ground Penetrating Radar
Falling Weight Deflectometer
SERVICE DESCRIPTION PROJECT BUDGET
Page 1 of 1
GEOTECHNICAL SERVICES FEE ESTIMATE
30TH STREET GAP SEGMENT STREET IMPROVEMENTS
LISBON AVE TO VILLAGE PARKWAYLAKE ELMO, MINNESOTA
AET PROPOSAL No. P-0024787
UNIT BUDGET
RATE AMOUNT
Drilling Technician 1 hours $120.00 $120.00
Auxiliary Vehicle Rental 1 hours $35.00 $35.00
Auxiliary Vehicle Mileage 10 miles $1.50 $15.00
GPS Equipment 0.25 days $200.00 $50.00
Section Subtotal:$220.00
Hourly Drilling
Drilling Technician 4 hours $120.00 $480.00
Coring Equipment - Hourly 2 hours $70.00 $140.00
Truck with Drill Rig Rental 2 hours $110.00 $220.00
Auxiliary Vehicle Mileage 25 miles $1.50 $37.50
Truck with Drill Rig Mileage 25 miles $1.75 $43.75Section Subtotal:$921.25
Technician, Level II 0.25 hours $110.00 $27.50
Ground Penetrating Radar (testing)0.25 hours $110.00 $27.50
Ground Penetrating Radar (travel)0.25 hours $60.00 $15.00
HD Camera 0 days $130.00 $0.00
Auxiliary Vehicle Mileage 3 miles $1.50 $4.50
Section Subtotal:$74.50
Technician, Level II 0.25 hours $110.00 $27.50
Falling Weight Deflectometer with Truck (testing)0.25 hours $235.00 $58.75
Falling Weight Deflectometer Including Truck (travel)0.25 hours $120.00 $30.00
Auxiliary Vehicle Mileage 2 hours $1.50 $3.00
Technician, Level II (Shadow Vehicle Driver)0.5 hours $110.00 $55.00
Truck with Warning Sign/Crash Trailer Rental 0.5 hours $52.00 $26.00
Truck with Warning Sign/Crash Trailer Mileage 2 hours $1.60 $3.20
Section Subtotal:$203.45
Traffic Control Signs Rental 0 days $150.00 $0.00
Subcontractor 0.5 each $2,500.00 $1,250.00
Section Subtotal:$1,250.00
Classification 1 hours $130.00 $130.00
ASTM D6913 Sieve Analysis of Soils 1 tests $127.00 $127.00
ASTM D1140 Material Finer Than No. 200 Sieve in Soils 1 tests $61.00 $61.00
ASTM D2974 Moisture, Ash and Organic Matter of Peat & Organic Soils 1 tests $90.00 $90.00Section Subtotal:$408.00
Project Administrator 2 hours $80.00 $160.00
Engineer I 2 hours $160.00 $320.00
Engineer II 7 hours $180.00 $1,260.00
Senior Engineer 4 hours $210.00 $840.00
Principal Engineer 1 hours $250.00 $250.00
Section Subtotal:$2,830.00
$5,907.20ESTIMATED BUDGET
Layout & Utility Clearance
Geotechnical Field Services
Laboratory
Project Management & Reporting
ESTIMATED
Traffic Control
UNITS
Ground Penetrating Radar
Falling Weight Deflectometer
SERVICE DESCRIPTION PROJECT BUDGET
Page 1 of 1
GEOTECHNICAL SERVICES FEE ESTIMATE
HUDSON BLVD GAP SEGMENT STREET IMPROVEMENTS
14TH ST NLAKE ELMO, MINNESOTA
AET PROPOSAL No. P-0024788
UNIT BUDGET
RATE AMOUNT
Drilling Technician 1 hours $120.00 $120.00
Auxiliary Vehicle Rental 1 hours $35.00 $35.00
Auxiliary Vehicle Mileage 10 miles $1.50 $15.00
GPS Equipment 0.25 days $200.00 $50.00
Section Subtotal:$220.00
Hourly Drilling
Drilling Technician 12 hours $120.00 $1,440.00
Coring Equipment - Hourly 6 hours $70.00 $420.00
Truck with Drill Rig Rental 6 hours $110.00 $660.00
Auxiliary Vehicle Mileage 50 miles $1.50 $75.00
Truck with Drill Rig Mileage 50 miles $1.75 $87.50Section Subtotal:$2,682.50
Technician, Level II 2 hours $110.00 $220.00
Ground Penetrating Radar (testing)0.5 hours $110.00 $55.00
Ground Penetrating Radar (travel)0.5 hours $60.00 $30.00
HD Camera 0.25 days $130.00 $32.50
Auxiliary Vehicle Mileage 17 miles $1.50 $25.50
Section Subtotal:$363.00
Technician, Level II 2 hours $110.00 $220.00
Falling Weight Deflectometer with Truck (testing)0.5 hours $235.00 $117.50
Falling Weight Deflectometer Including Truck (travel)0.5 hours $120.00 $60.00
Auxiliary Vehicle Mileage 13 hours $1.50 $19.50
Technician, Level II (Shadow Vehicle Driver)1 hours $110.00 $110.00
Truck with Warning Sign/Crash Trailer Rental 1 hours $52.00 $52.00
Truck with Warning Sign/Crash Trailer Mileage 13 hours $1.60 $20.80
Section Subtotal:$599.80
Traffic Control Signs Rental 1 days $150.00 $150.00
Subcontractor 0 each $0.00
Section Subtotal:$150.00
Classification 3 hours $130.00 $390.00
ASTM D6913 Sieve Analysis of Soils 2 tests $127.00 $254.00
ASTM D1140 Material Finer Than No. 200 Sieve in Soils 1 tests $61.00 $61.00
ASTM D2974 Moisture, Ash and Organic Matter of Peat & Organic Soils 1 tests $90.00 $90.00Section Subtotal:$795.00
Project Administrator 2 hours $80.00 $160.00
Engineer I 3 hours $160.00 $480.00
Engineer II 8 hours $180.00 $1,440.00
Senior Engineer 4 hours $210.00 $840.00
Principal Engineer 2 hours $250.00 $500.00
Section Subtotal:$3,420.00
$8,230.30ESTIMATED BUDGET
Layout & Utility Clearance
Geotechnical Field Services
Laboratory
Project Management & Reporting
ESTIMATED
Traffic Control
UNITS
Ground Penetrating Radar
Falling Weight Deflectometer
SERVICE DESCRIPTION PROJECT BUDGET
Page 1 of 1
Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438
Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com
AA/EOE
July 7, 2023 Proposal QTB180947
Mike Rusenovich, PE
City Engineer
Focus Engineering, Inc.
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, MN 55042
Re: Proposal for a Geotechnical and Pavement Evaluation
City of Lake Elmo 2024 Street and Utility Improvements
Homestead Street, Carriage Station (Marquess Trail N, Marquess Way N, Marquess Trail Circle N,
Marquess Lane N, and Marquess Trail Court N), Jamaica Court N, Stillwater Boulevard (CSAH 14),
Stillwater Lane, 15th Street 30th Street and Hudson Boulevard
Lake Elmo, Minnesota
Dear Mr. Rusenovich:
Braun Intertec Corporation respectfully submits this proposal to complete a geotechnical and pavement
evaluation for the City of Lake Elmo’s 2024 Street and Utility Improvement projects.
Project Information
Per the RFP and map provided by you and dated June 23, 2023, we understand the proposed 2024 street
and utility improvement projects as follows:
Project 1 – Homestead Street (Project No. 2023.112): This project will consist of about 0.6 miles of
residential streets where the planned work will be reconstruction with a new 8-inch watermain and
concrete curb and gutter. Construction methods for the new utility will consider directional drilling
versus open cutting.
Project 2 – Carriage Station and Jamaica Court North (Project No. 2023.112): This project will consist of
about 1.2 miles of residential streets within the Carriage Station neighborhood and Jamaica Court North.
The planned work for Carriage station will be mostly reclaim with 700 feet (Marquess Lane) of
reconstruction where the existing 8-inch watermain will be replaced with a 12-inch watermain.
Consideration is being given to leaving the existing concrete curb upon a condition survey which is part of
this scope of work in the reclaimed streets. Construction means and methods for the new utility will
consider directional drilling versus open cut.
Project 3 – CSAH 14 and Stillwater Lane (Project No. 2023.112): This project will consist of the extension
of approximately 1.6 miles of watermain along CSAH 14 and Stillwater Lane west of Lake Elmo Avenue
through a combination of directional drilling and open cutting. Stillwater lane will also include about
0.6 miles of street improvements with new concrete curb and gutter.
City of Lake Elmo
Proposal QTB180947
July 7, 2023
Page 2
Project 4 – 15th Street: This project will consist of about 0.5 miles of non-residential street
improvements considering reclaim construction methods.
Project 5 – 30th Street: This project will consist of about 0.15 miles of collector road street
improvements considering reclaim construction methods.
Project 6 – Hudson Boulevard: This project will consist of about 1.2 miles of commercial access street
improvements considering reclaim construction mill an overlay versus reconstruction with structural
changes.
We understand that due to funding requirements, these projects will require separate reports (6 total)
and fee schedules.
Purpose
The purpose of our geotechnical evaluation will be to characterize subsurface geologic conditions at
selected exploration locations, evaluate their impact on the project, and provide geotechnical
recommendations for use in the design and reconstruction of the proposed streets and underground
utility installations.
Scope of Services
The following tasks are proposed for the project. If we determine that expanded or additional services
are warranted, we will discuss with you prior to proceeding and incurring any additional expense.
Site Access
Based on the boring locations being located within existing roadways, we propose to use a conventional
truck-mounted drill rig. We assume there will be no cause for delays in accessing the exploration locations
and we are not including snow plowing if the work occurs during the winter months.
Depending on access requirements, ground conditions or potential utility conflicts, our field crew may alter
the exploration locations from those proposed to facilitate accessibility. We will drill the borings in
accessible areas of the site.
Staking
We will stake prospective subsurface exploration locations, as selected by the City of Lake Elmo (City) and
obtain surface elevations at those locations using GPS (Global Positioning System) technology.
Utility Clearance
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 in the area of the borings that are
not the responsibility of public agencies. We have not included fees for a subcontracted private locator
to locate private utilities near the boring locations.
City of Lake Elmo
Proposal QTB180947
July 7, 2023
Page 3
Permitting and Restricted Work Zone Hours
Prior to mobilizing our field staff, we will obtain a right-of-way permit with the City. At the time of this
proposal, we assume the City will waive the associated permit fee as the work is being performed for
them.
Our work will take place primarily within the public road right-of-way and we assume we will not be
required to follow any work hour restrictions (i.e., typical 8:00 AM to 4:00 PM workday will apply). If any
of our above assumptions are incorrect, we should be notified so that we can update and revise our
proposal, as necessary.
Traffic Control
We anticipate that CSAH 14 will need a partial lane closure to conduct our work due to the higher volume
of traffic during working hours so we have included fees for subcontracted traffic control, including
flaggers, to direct motorists through portions our work zone in the travel lanes. Should additional traffic
control measures (i.e., full road closure) be needed for this project, additional fees will apply.
Based on the anticipated low volume of traffic during working hours on the remaining streets, we do not
anticipate that it will be necessary to close any lanes of traffic during our drilling activities, rather our
work can be performed with the assistance of warning signs. Fees for warning signs are included in our
proposal.
Soil Borings
Based on our understanding of the projects, we will drill the requested 43 standard penetration test
(SPT) borings for the field investigation program as summarized in Table 1 below.
Table 1. Proposed Geotechnical Soil Borings
Project Street
Number of SPT
Borings
Nominal Depth
(feet)
Drilling Footage
Subtotal
(feet)
1 Homestead Street 7 9 63
2
Marquess Trail N 3 5 15
Marquess way N 1 5 5
Marquess Lane N 3 5 15
Marquess Trail Court N 1 5 5
Jamaica Court N 2 9 18
3
CSAH 14 12 9 108
Stillwater Lane 5 9 45
City of Lake Elmo
Proposal QTB180947
July 7, 2023
Page 4
Project Street
Number of SPT
Borings
Nominal Depth
(feet)
Drilling Footage Subtotal
(feet)
4 15th Street 3 5 15
5 30th Street 1 5 5
6 Orchard Avenue N 5 5 25
Total Drilling Footage 319
We will perform standard penetration tests at 2 1/2-foot vertical intervals.
If the intended boring depth does not extend through unsuitable material, we will contact you prior to
increasing our total estimated drilled footage and submit a Change Order, if necessary, summarizing the
anticipated additional effort and the associated cost, for your review and authorization.
Groundwater Measurements
If the boring encounters groundwater during or immediately after drilling of the boring, we will record
the observed depth on the boring log. The boring will not be left open for an extended period of time to
monitor groundwater.
MDH Notification and Sealing Record
Since our planned boring will be less than 15 feet in depth, the Minnesota Statutes will not require that we
complete any notifications or sealing records. If we extend any of the borings to a depth of 15 feet or
greater, the Statutes requires that we seal the boreholes and complete a Sealing Record. If 25 feet or
greater, the Statutes also require us to complete a Sealing Notification Form. If the Record or Form are
required, we will contact you to discuss the additional fees and sealing requirements.
Borehole Abandonment
We will backfill our boring locations immediately after completing the drilling at each location. Upon
backfilling boring locations, we will fill holes in pavements with a temporary patch.
Over time, subsidence of borehole backfill may occur, requiring replacing bituminous patches. We are
not assuming responsibility for re-patching after we complete our fieldwork.
Ground Penetrating Radar (GPR) Testing
As requested, we will perform GPR testing along the entire length of each street. GPR data provides a
continuous estimate of pavement layer thicknesses and will be performed in both travel directions. GPR
measurements will be tied to GPS coordinates for mapping and reference purposes.
An air-coupled GPR unit can be expected to penetrate approximately 2 feet under ideal conditions, and is
capable of detecting differentiation between bituminous pavement layers and underlying aggregate base
layers, if present.
City of Lake Elmo
Proposal QTB180947
July 7, 2023
Page 5
Data obtained from the GPR testing will be used in the analysis of FWD data and will also be used to
assist with repair recommendations.
Pavement Coring
At the requested boring locations, we will perform a pavement core just prior to drilling operations.
Thicknesses from the pavement cores and apparent aggregate base thicknesses measured from the
borings will be used to confirm and calibrate the GPR data and to help characterize the in-place
pavement layer thicknesses.
The cores will be submitted to our lab for total thickness measurements and will be examined for any
material deficiencies. The cores will be retained for any additional laboratory testing that may be useful.
Falling Weight Deflectometer (FWD) Testing and Analysis
FWD will be performed with a Dynatest 8002E model FWD, which is a non-destructive testing device
specifically designed for evaluating pavements. FWD operates by measuring pavement surface
deflections from an applied wheel-simulating impulse load (4 impulse loads, 2 at 6,000 lbs and 2 at
9,000 lbs).
To perform FWD testing, subgrades must not be frozen. Typically, testing can be performed between the
months of April to October. Depending on timing of this project, if weather and schedule allows, we will
perform the requested FWD testing using a testing rate of approximately one test every 1/10th of a mile.
Testing will be staggered and will be performed in both travel directions.
The FWD data will assist in the discussion of the planned repair, as well as assisting in identifying areas
where possible soil corrections may be warranted.
Sample Review and Laboratory Testing
We will return recovered samples to our laboratory, where a geotechnical engineer will visually classify
and log them. We have budgeted to perform the following laboratory tests; moisture content, organic
content, and/or mechanical analyses (through a #200 sieve only). The actual number and type of tests
will be based on the results of our borings. Should additional laboratory tests be warranted additional
fees will apply.
Engineering Analyses
We will use data obtained from the borings and laboratory tests to evaluate the subsurface profile and
groundwater conditions and provide engineering recommendations for design construction of the
utilities and pavement improvements.
Reports
We will prepare a report for each project including:
• A sketch showing the exploration locations.
• Logs of the borings describing the materials encountered and presenting the results of our
groundwater measurements and laboratory tests.
City of Lake Elmo
Proposal QTB180947
July 7, 2023
Page 6
• A summary of the subsurface profile and groundwater conditions.
• Discussion identifying the subsurface conditions that may impact construction.
• Discussion regarding the reuse of on-site materials during construction and the impact of
groundwater on construction.
• Recommendations for preparing subgrades, including excavation support and the selection,
placement and compaction of excavation backfill and other fill.
• Summary of FWD and GPR testing results.
• Summary of pavement core and hand auger boring results, including photographs of the
pavement cores.
• Recommendations for use in the design and construction of the pavements and utilities,
including thickness sections based on an assumed R-value and reclamation recommendations.
We will only submit an electronic copy of our report to you upon completion.
Schedule
We anticipate performing our work according to the following schedule.
• Drill Rig Mobilization – Within about 10 weeks following receipt of written authorization.
• Field Exploration – 4 days of coring and drilling to complete the soil borings. Assumed to be
performed on consecutive weekdays following initial mobilization.
• GPR and FWD testing – Within about 3 weeks of written authorization.
• Classification and Laboratory Testing – Within 2 weeks after completion of field exploration.
• Preliminary Results – Within 1 week after completion of field exploration.
• Report Submittals – Within about 2 weeks after completion of the laboratory testing.
If we cannot complete our proposed scope of services according to this schedule due to circumstances
beyond our control, we may need to revise this proposal prior to completing the remaining tasks.
Fees
Braun Intertec will provide the services described in this proposal on a lump sum basis. The $65,367 fee
breakdown by project area is summarized below in Table 2. We are also attaching a tabulation showing
hourly and/or unit rates associated with our proposed scope of services.
City of Lake Elmo
Proposal QTB180947
July 7, 2023
Page 7
Table 2. Project Fees
Service Description Fee
Project 1 - Homestead Street (Project No. 2023.112) $11,147
Project 2 - Carriage Station and Jamaica Court North (Project No. 2023.112) 12,458
Project 3 - CSAH 14 and Stillwater Lane (Project No. 2023.112) 18,739
Project 4 - 15th Street 7,681
Project 5 - 30th Street 6,503
Project 6 – Hudson Boulevard $8,839
TOTAL: $65,367
Braun Intertec will begin the project upon receipt of your authorization. The total fee presented above
based on the Scope of Services described and the assumption that the proposal will be authorized within
90 days and that the project will be completed within the proposed schedule.
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.
We based the proposed fee on the scope of services described and the assumptions that you will
authorize our services within 30 days and that others will not delay us beyond our proposed schedule.
City of Lake Elmo
Proposal QTB180947
July 7, 2023
Page 8
We include the Braun Intertec General Conditions, which provide additional terms and are part of
our agreement.
To have questions answered or schedule a time to meet and discuss our approach to this project further,
please contact Timothy Schappa at 651.319.3091 (tschappa@braunintertec.com) or Joshua Kirk at
507.514.1348 (jkirk@braunintertec.com).
Sincerely,
BRAUN INTERTEC CORPORATION
Timothy J. Schappa, PE
Project Engineer
Joshua L. Kirk, PE
Director, Senior Engineer
Attachments:
Project Proposal - QTB180947
General Conditions – (1/1/18)
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
7/11/23, 10:33 AM FOCUS Engineering, Inc. Mail - Lake Elmo Schedule for Drilling
https://mail.google.com/mail/u/0/?ik=885060bd59&view=pt&search=all&permthid=thread-f:1771133266265168281%7Cmsg-f:1771133266265168281…1/1
Joshua L. Kirk, PE (MN)
Director, Senior Engineer
11001 Hampshire Ave S | Minneapolis, MN 55438
952.995.2222 direct | 507.514.1348 mobile
jkirk@braunintertec.com
braunintertec.com |Twitter | LinkedIn | Facebook
Jack Griffin <jack.griffin@focusengineeringinc.com>
Lake Elmo Schedule for Drilling
1 message
Kirk, Josh <JKirk@braunintertec.com>Tue, Jul 11, 2023 at 9:04 AM
To: "Schappa, Timothy" <TSchappa@braunintertec.com>, Jack Griffin <Jack.Griffin@focusengineeringinc.com>
Thanks for the time on the phone Jack. Below is our schedule:
Pending authorization to proceed on July 19:
Utility meet for Carriage Station and Jamaca Court – July 21
1 Day drilling (Truck rig) July 28
Remaining 3 days for other sites with a truck rig – Aug 21-23
GPR/FWD – still working on locking in a date, but as Tim noted that is typically scheduled a couple of weeks out which would put us near the end of July
as well.
Analysis:
Borings drilled on the 28th will likely be to our lab 7-31 or 8-1. We can log the soils and run labs, and have prelim results mid-week that week, around 8-3?
Once FWD/GPR data collection is done, that can likely be turned around within a few days as well for preliminary recs.
I will have those dates penciled in on the schedule.
Thanks!
Josh
Client:Service Description:Work Site Address:
Homestead Street, Carriage Station, Jamaca
Court N, CSAH 14, Stillwater Lane, 15th Street,
30th Street, and Hudson Boulevard
Lake Elmo, MN 55042
City of Lake Elmo
Mike Rusenovich
3880 Laverne Ave. N.
Lake Elmo, MN 55042
(651) 747-3900
Geotechnical Evaluation Services
Description Quantity Units Unit Price Extension
Phase 1 Geotechnical Evaluation - Homestead Street
Activity 1.1 Site Layout - Staking - Utility Clearance - CADD $910.00
205 Site layout and utility clearance 3.00 Hour 95.00 $285.00
288 Project Assistant 2.00 Hour 90.00 $180.00
371 CADD/Graphics Operator 1.50 Hour 130.00 $195.00
5099 Trimble R8 Rover (horizontal and vertical), per hour 3.00 Each 70.00 $210.00
1862 UTIL Trip Charge 1.00 Each 40.00 $40.00
Activity 1.2 Pavement Coring, GPR and FWD $2,728.00
252 Bituminous Coring, two person 4.00 Hour 210.00 $840.00
1555 Bit Wear and bituminous patch material, per core 7.00 Each 29.00 $203.00
1087 Core Rig Mobilization 1.00 Each 75.00 $75.00
259 Ground Penetrating Radar (GPR)2.00 Hour 250.00 $500.00
8640 GPR Mobilization 70.00 Each 4.00 $280.00
8620 Falling Weight Deflectomer (FWD)2.00 Each 275.00 $550.00
1087 FWD Mobilization 70.00 Each 4.00 $280.00
Activity 1.3 Drilling Services $3,290.00
9000 Truck Mounted Drilling Services, per hour 8.00 Each 380.00 $3,040.00
1052 Warning signs 1.00 Each 250.00 $250.00
Activity 1.4 Geotechnical Soil Tests $604.00
1166 Loss by Washing Through #200 Sieve, per sample 3.00 Each 88.00 $264.00
1174 Organic Content, per sample 1.00 Each 88.00 $88.00
1152 Moisture content, per sample 14.00 Each 18.00 $252.00
Activity 1.5 Evaluation/Analysis/Reports $3,615.00
138 Project Assistant 3.00 Hour 90.00 $270.00
126 Project Engineer 15.00 Hour 175.00 $2,625.00
128 Senior Engineer 3.00 Hour 195.00 $585.00
125 Project Control Specialist 1.00 Hour 135.00 $135.00
Phase 1 Total:$11,147.00
Phase 2 Geotechnical Evaluation - Carriage Station and Jamaca Court N
Activity 2.1 Site Layout - Staking - Utility Clearance - CADD $1,075.00
205 Site layout and utility clearance 4.00 Hour 95.00 $380.00
288 Project Assistant 2.00 Hour 90.00 $180.00
371 CADD/Graphics Operator 1.50 Hour 130.00 $195.00
5099 Trimble R8 Rover (horizontal and vertical), per hour 4.00 Each 70.00 $280.00
1862 UTIL Trip Charge 1.00 Each 40.00 $40.00
Page 1 of 507/06/2023 03:14 PM
Project Proposal
QTB180947
2024 Street and Utility Projects
Activity 2.2 Pavement Coring, GPR, FWD and Condition Survey $3,590.00
252 Bituminous Coring, two person 5.00 Hour 210.00 $1,050.00
1555 Bit wear and bituminous patch material, per core 10.00 Each 29.00 $290.00
1087 Core Rig Mobilization 1.00 Each 75.00 $75.00
259 Ground Penetrating Radar (GPR)2.00 Hour 250.00 $500.00
8640 GPR Mobilization 70.00 Each 4.00 $280.00
8620 Falling Weight Deflectomer (FWD)2.00 Each 275.00 $550.00
1087 FWD Mobilization 70.00 Each 4.00 $280.00
126 Project Engineer - Concrete Curb Condition Survey 3.00 Hour 175.00 $525.00
1861 Condition Survey Trip Charge 1.00 Each 40.00 $40.00
Activity 2.3 Drilling Services $3,290.00
9000 Truck Mounted Drilling Services, per hour 8.00 Each 380.00 $3,040.00
1052 Warning signs 1.00 Each 250.00 $250.00
Activity 2.4 Geotechnical Soil Tests $888.00
1166 Loss by Washing Through #200 Sieve, per sample 5.00 Each 88.00 $440.00
1174 Organic Content, per sample 1.00 Each 88.00 $88.00
1152 Moisture content, per sample 20.00 Each 18.00 $360.00
Activity 2.5 Evaluation/Analysis/Reports $3,615.00
138 Project Assistant 3.00 Hour 90.00 $270.00
126 Project Engineer 15.00 Hour 175.00 $2,625.00
128 Senior Engineer 3.00 Hour 195.00 $585.00
125 Project Control Specialist 1.00 Hour 135.00 $135.00
Phase 2 Total:$12,458.00
Phase 3 Geotechnical Evaluation - CSAH 14 and Stillwater Lane
Activity 3.1 Site Layout - Staking - Utility Clearance - CADD $1,305.00
205 Site layout and utility clearance 5.00 Hour 95.00 $475.00
288 Project Assistant 2.00 Hour 90.00 $180.00
371 CADD/Graphics Operator 2.00 Hour 130.00 $260.00
5099 Trimble R8 Rover (horizontal and vertical), per hour 5.00 Each 70.00 $350.00
1862 UTIL Trip Charge 1.00 Each 40.00 $40.00
Activity 3.2 Pavement Coring, GPR and FWD $3,858.00
252 Bituminous Coring, two person 8.00 Hour 210.00 $1,680.00
1555 Bit wear and bituminous patch material, per core 17.00 Each 29.00 $493.00
1087 Core Rig Mobilization 1.00 Each 75.00 $75.00
259 Ground Penetrating Radar (GPR)2.00 Hour 250.00 $500.00
8640 GPR Mobilization 70.00 Each 4.00 $280.00
8620 Falling Weight Deflectomer (FWD)2.00 Each 275.00 $550.00
1087 FWD Mobilization 70.00 Each 4.00 $280.00
Activity 3.3 Drilling Services $8,380.00
9000 Truck Mounted Drilling Services, per hour 16.00 Each 380.00 $6,080.00
SUB Subcontractor - Traffic control/Flagging 1.00 Each 2,300.00 $2,300.00
Activity 3.4 Geotechnical Soil Tests $1,316.00
1166 Loss by Washing Through #200 Sieve, per sample 7.00 Each 88.00 $616.00
1174 Organic Content, per sample 1.00 Each 88.00 $88.00
Page 2 of 507/06/2023 03:14 PM
Project Proposal
QTB180947
2024 Street and Utility Projects
1152 Moisture content, per sample 34.00 Each 18.00 $612.00
Activity 3.5 Evaluation/Analysis/Reports $3,880.00
138 Project Assistant 4.00 Hour 90.00 $360.00
126 Project Engineer 16.00 Hour 175.00 $2,800.00
128 Senior Engineer 3.00 Hour 195.00 $585.00
125 Project Control Specialist 1.00 Hour 135.00 $135.00
Phase 3 Total:$18,739.00
Phase 4 Geotechnical Evaluation - 15th Street
Activity 4.1 Site Layout - Staking - Utility Clearance - CADD $800.00
205 Site layout and utility clearance 3.00 Hour 95.00 $285.00
288 Project Assistant 1.50 Hour 90.00 $135.00
371 CADD/Graphics Operator 1.00 Hour 130.00 $130.00
5099 Trimble R8 Rover (horizontal and vertical), per hour 3.00 Each 70.00 $210.00
1862 UTIL Trip Charge 1.00 Each 40.00 $40.00
Activity 4.2 Pavement Coring, GPR and FWD $2,402.00
252 Bituminous Coring, two person 3.00 Hour 210.00 $630.00
1555 Bit wear and bituminous patch material, per core 3.00 Each 29.00 $87.00
1087 Core Rig Mobilization 1.00 Each 75.00 $75.00
259 Ground Penetrating Radar (GPR)2.00 Hour 250.00 $500.00
8640 GPR Mobilization 70.00 Each 4.00 $280.00
8620 Falling Weight Deflectomer (FWD)2.00 Each 275.00 $550.00
1087 FWD Mobilization 70.00 Each 4.00 $280.00
Activity 4.3 Drilling Services $1,390.00
9000 Truck Mounted Drilling Services, per hour 3.00 Each 380.00 $1,140.00
1052 Warning signs 1.00 Each 250.00 $250.00
Activity 4.4 Geotechnical Soil Tests $284.00
1166 Loss by Washing Through #200 Sieve, per sample 2.00 Each 88.00 $176.00
1152 Moisture content, per sample 6.00 Each 18.00 $108.00
Activity 4.5 Evaluation/Analysis/Reports $2,805.00
138 Project Assistant 2.00 Hour 90.00 $180.00
126 Project Engineer 12.00 Hour 175.00 $2,100.00
128 Senior Engineer 2.00 Hour 195.00 $390.00
125 Project Control Specialist 1.00 Hour 135.00 $135.00
Phase 4 Total:$7,681.00
Phase 5 Geotechnical Evaluation - 30th Street
Activity 5.1 Site Layout - Staking - Utility Clearance - CADD $625.00
205 Site layout and utility clearance 2.00 Hour 95.00 $190.00
288 Project Assistant 1.00 Hour 90.00 $90.00
371 CADD/Graphics Operator 1.00 Hour 130.00 $130.00
5099 Trimble R8 Rover (horizontal and vertical), per hour 2.50 Each 70.00 $175.00
1862 UTIL Trip Charge 1.00 Each 40.00 $40.00
Activity 5.2 Pavement Coring, GPR and FWD $2,099.00
252 Bituminous Coring, two person 2.00 Hour 210.00 $420.00
Page 3 of 507/06/2023 03:14 PM
Project Proposal
QTB180947
2024 Street and Utility Projects
1555 Bit wear and bituminous patch material, per core 1.00 Each 29.00 $29.00
1087 Core Rig Mobilization 1.00 Each 40.00 $40.00
259 Ground Penetrating Radar (GPR)2.00 Hour 250.00 $500.00
8640 GPR Mobilization 70.00 Each 4.00 $280.00
8620 Falling Weight Deflectomer (FWD)2.00 Each 275.00 $550.00
1087 FWD Mobilization 70.00 Each 4.00 $280.00
Activity 5.3 Drilling Services $1,200.00
9000 Truck Mounted Drilling Services, per hour 2.50 Each 380.00 $950.00
1052 Warning signs 1.00 Each 250.00 $250.00
Activity 5.4 Geotechnical Soil Tests $124.00
1166 Loss by Washing Through #200 Sieve, per sample 1.00 Each 88.00 $88.00
1152 Moisture content, per sample 2.00 Each 18.00 $36.00
Activity 5.5 Evaluation/Analysis/Reports $2,455.00
138 Project Assistant 2.00 Hour 90.00 $180.00
126 Project Engineer 10.00 Hour 175.00 $1,750.00
128 Senior Engineer 2.00 Hour 195.00 $390.00
125 Project Control Specialist 1.00 Hour 135.00 $135.00
Phase 5 Total:$6,503.00
Phase 6 Geotechnical Evaluation - Hudson Boulevard
Activity 6.1 Site Layout - Staking - Utility Clearance - CADD $865.00
205 Site layout and utility clearance 3.00 Hour 95.00 $285.00
288 Project Assistant 1.50 Hour 90.00 $135.00
371 CADD/Graphics Operator 1.50 Hour 130.00 $195.00
5099 Trimble R8 Rover (horizontal and vertical), per hour 3.00 Each 70.00 $210.00
1862 UTIL Trip Charge 1.00 Each 40.00 $40.00
Activity 6.2 Pavement Coring, GPR and FWD $2,145.00
252 Bituminous Coring, two person 4.00 Hour 210.00 $840.00
1555 Bit wear and bituminous patch material, per core 5.00 Each 29.00 $145.00
1087 Core Rig Mobilization 1.00 Each 75.00 $75.00
259 Ground Penetrating Radar (GPR)1.00 Hour 250.00 $250.00
8640 GPR Mobilization 70.00 Each 4.00 $280.00
8620 Falling Weight Deflectomer (FWD)1.00 Each 275.00 $275.00
1087 FWD Mobilization 70.00 Each 4.00 $280.00
Activity 6.3 Drilling Services $1,770.00
9000 Truck Mounted Drilling Services, per hour 4.00 Each 380.00 $1,520.00
1052 Warning signs 1.00 Each 250.00 $250.00
Activity 6.4 Geotechnical Soil Tests $444.00
1166 Loss by Washing Through #200 Sieve, per sample 3.00 Each 88.00 $264.00
1152 Moisture content, per sample 10.00 Each 18.00 $180.00
Activity 6.5 Evaluation/Analysis/Reports $3,615.00
138 Project Assistant 3.00 Hour 90.00 $270.00
126 Project Engineer 15.00 Hour 175.00 $2,625.00
128 Senior Engineer 3.00 Hour 195.00 $585.00
125 Project Control Specialist 1.00 Hour 135.00 $135.00
Page 4 of 507/06/2023 03:14 PM
Project Proposal
QTB180947
2024 Street and Utility Projects
Proposal Total:$65,367.00
Phase 6 Total:$8,839.00
Page 5 of 507/06/2023 03:14 PM
Project Proposal
QTB180947
2024 Street and Utility Projects
General Conditions
GC Page 1 of 2
Section 1: Agreement
1.1 Our agreement with you consists of these
General Conditions and the accompanying written
proposal or authorization (“Agreement”). This
Agreement is the entire agreement between you
and us. It supersedes prior agreements. It may be
modified only in a writing signed by us, making
specific reference to the provision modified.
1.2 The words “you,” “we,” “us,” and “our”
include officers, employees, and subcontractors.
1.3 In the event you use a purchase order or
other documentation to authorize our scope of
work (“Services”), any conflicting or additional
terms are not part of this Agreement. Directing us
to start work prior to execution of this Agreement
constitutes your acceptance. If, however, mutually
acceptable terms cannot be established, we have
the right to terminate this Agreement without
liability to you or others, and you will compensate
us for fees earned and expenses incurred up to the
time of termination.
Section 2: Our Responsibilities
2.1 We will provide Services specifically
described in this Agreement. You agree that we
are not responsible for services that are not
expressly included in this Agreement. Unless
otherwise agreed in writing, our findings, opinions,
and recommendations will be provided to you in
writing. You agree not to rely on oral findings,
opinions, or recommendations without our
written approval.
2.2 In performing our professional services, we
will use that degree of care and skill ordinarily
exercised under similar circumstances by
reputable members of our profession practicing in
the same locality. If you direct us to deviate from
our recommended procedures, you agree to hold
us harmless from claims, damages, and expenses
arising out of your direction. If during the one year
period following completion of Services it is
determined that the above standards have not
been met and you have promptly notified us in
writing of such failure, we will perform, at our
cost, such corrective services as may be necessary,
within the original scope in this Agreement, to
remedy such deficiency. Remedies set forth in this
section constitute your sole and exclusive recourse
with respect to the performance or quality of
Services.
2.3 We will reference our field observations and
sampling to available reference points, but we will
not survey, set, or check the accuracy of those
points unless we accept that duty in writing.
Locations of field observations or sampling
described in our report or shown on our sketches
are based on information provided by others or
estimates made by our personnel. You agree that
such dimensions, depths, or elevations are
approximations unless specifically stated
otherwise in the report. You accept the inherent
risk that samples or observations may not be
representative of things not sampled or seen and
further that site conditions may vary over distance
or change over time.
2.4 Our duties do not include supervising or
directing your representatives or contractors or
commenting on, overseeing, or providing the
means and methods of their services unless
expressly set forth in this Agreement. We will not
be responsible for the failure of your contractors,
and the providing of Services will not relieve
others of their responsibilities to you or to others.
2.5 We will provide a health and safety program
for our employees, but we will not be responsible
for contractor, owner, project, or site health or
safety.
2.6 You will provide, at no cost to us,
appropriate site safety measures as to work areas
to be observed or inspected by us. Our employees
are authorized by you to refuse to work under
conditions that may be unsafe.
2.7 Unless a fixed fee is indicated, our price is an
estimate of our project costs and expenses based
on information available to us and our experience
and knowledge. Such estimates are an exercise of
our professional judgment and are not guaranteed
or warranted. Actual costs may vary. You should
allow a contingency in addition to estimated costs.
Section 3: Your Responsibilities
3.1 You will provide us with prior environmental,
geotechnical and other reports, specifications,
plans, and information to which you have access
about the site. You agree to provide us with all
plans, changes in plans, and new information as to
site conditions until we have completed Services.
3.2 You will provide access to the site. In the
performance of Services some site damage is
normal even when due care is exercised. We will
use reasonable care to minimize damage to the
site. We have not included the cost of restoration
of damage in the estimated charges.
3.3 You agree to provide us, in a timely manner,
with information that you have regarding buried
objects at the site. We will not be responsible for
locating buried objects at the site. You agree to
hold us harmless, defend, and indemnify us from
claims, damages, losses, penalties and expenses
(including attorney fees) involving buried objects
that were not properly marked or identified or of
which you had knowledge but did not timely call to
our attention or correctly show on the plans you or
others furnished to us.
3.4 You will notify us of any knowledge or
suspicion of the presence of hazardous or
dangerous materials present on any work site or in
a sample provided to us. You agree to provide us
with information in your possession or control
relating to such materials or samples. If we
observe or suspect the presence of contaminants
not anticipated in this Agreement, we may
terminate Services without liability to you or to
others, and you will compensate us for fees
earned and expenses incurred up to the time of
termination.
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 substances. You agree to hold us
harmless, defend, and indemnify us from any
damages, claims, damages, penalties or losses
resulting from the storage, removal, hauling or
disposal of such substances.
3.6 Monitoring wells are your property, and you
are responsible for their permitting, maintenance,
and abandonment unless expressly set forth
otherwise in this Agreement.
3.7 You agree to make all disclosures required by
law. In the event you do not own the project site,
you acknowledge that it is your duty to inform the
owner of the discovery or release of contaminants
at the site. You agree to hold us harmless, defend,
and indemnify us from claims, damages, penalties,
or losses and expenses, including attorney fees,
related to failures to make disclosures, disclosures
made by us that are required by law, and from
claims related to the informing or failure to inform
the site owner of the discovery of contaminants.
Section 4: Reports and Records
4.1 Unless you request otherwise, we will
provide our report in an electronic format.
4.2 Our reports, notes, calculations, and other
documents and our computer software and data
are instruments of our service to you, and they
remain our property. We hereby grant you a
license to use the reports and related information
we provide only for the related project and for the
purposes disclosed to us. You may not transfer our
reports to others or use them for a purpose for
which they were not prepared without our written
approval. You agree to indemnify, defend, and
hold us harmless from claims, damages, losses,
and expenses, including attorney fees, arising out
of such a transfer or use.
4.3 If you do not pay for Services in full as
agreed, we may retain work not yet delivered to
you and you agree to return to us all of our work
that is in your possession or under your control.
4.4 Samples and field data remaining after tests
are conducted and field and laboratory equipment
that cannot be adequately cleansed of
contaminants are and continue to be your
property. They may be discarded or returned to
you, at our discretion, unless within 15 days of the
report date you give us written direction to store
or transfer the materials at your expense.
4.5 Electronic data, reports, photographs,
samples, and other materials provided by you or
others may be discarded or returned to you, at our
discretion, unless within 15 days of the report date
you give us written direction to store or transfer
the materials at your expense.
GC Revised 1/1/2018 Page 2 of 2
Section 5: Compensation
5.1 You will pay for Services as stated in this
Agreement. If such payment references our
Schedule of Charges, the invoicing will be based
upon the most current schedule. An estimated
amount is not a firm figure. You agree to pay all
sales taxes and other taxes based on your
payment of our compensation. Our performance is
subject to credit approval and payment of any
specified retainer.
5.2 You will notify us of billing disputes within 15
days. You will pay undisputed portions of invoices
upon receipt. You agree to pay interest on unpaid
balances beginning 30 days after invoice dates at
the rate of 1.5% per month, or at the maximum
rate allowed by law.
5.3 If you direct us to invoice a third party, we
may do so, but you agree to be responsible for our
compensation unless the third party is
creditworthy (in our sole opinion) and provides
written acceptance of all terms of this Agreement.
5.4 Your obligation to pay for Services under this
Agreement is not contingent on your ability to
obtain financing, governmental or regulatory
agency approval, permits, final adjudication of any
lawsuit, your successful completion of any project,
receipt of payment from a third party, or any
other event. No retainage will be withheld.
5.5 If you do not pay us in accordance with this
Agreement, you agree to reimburse all costs and
expenses for collection of the moneys invoiced,
including but not limited to attorney fees and staff
time.
5.6 You agree to compensate us in accordance
with our Schedule of Charges if we are asked or
required to respond to legal process arising out of
a proceeding related to the project and as to
which we are not a party.
5.7 If we are delayed by factors beyond our
control, or if project conditions or the scope or
amount of work changes, or if changed labor
conditions result in increased costs, decreased
efficiency, or delays, or if the standards or
methods change, we will give you timely notice,
the schedule will be extended for each day of
delay, and we will be compensated for costs and
expenses incurred in accordance with our
Schedule of Charges.
5.8 If you fail to pay us in accordance with this
Agreement, we may consider the default a total
breach of this Agreement and, at our option,
terminate our duties without liability to you or to
others, and you will compensate us for fees
earned and expenses incurred up to the time of
termination.
5.9 In consideration of our providing insurance
to cover claims made by you, you hereby waive
any right to offset fees otherwise due us.
Section 6: Disputes, Damage, and Risk Allocation
6.1 Each of us will exercise good faith efforts to
resolve disputes without litigation. Such efforts
will include, but not be limited to, a meeting(s)
attended by each party’s representative(s)
empowered to resolve the dispute. Before either
of us commences an action against the other,
disputes (except collections) will be submitted to
mediation.
6.2 Notwithstanding anything to the contrary in
this Agreement, neither party hereto shall be
responsible or held liable to the other for
punitive, indirect, incidental, or consequential
damages, or liability for loss of use, loss of
business opportunity, loss of profit or revenue,
loss of product or output, or business
interruption.
6.3 You and we agree that any action in relation
to an alleged breach of our standard of care or this
Agreement shall be commenced within one year
of the date of the breach or of the date of
substantial completion of Services, whichever is
earlier, without regard to the date the breach is
discovered. Any action not brought within that
one year time period shall be barred, without
regard to any other limitations period set forth by
law or statute. We will not be liable unless you
have notified us within 30 days of the date of such
breach and unless you have given us an
opportunity to investigate and to recommend
ways of mitigating damages. You agree not to
make a claim against us unless you have provided
us at least 30 days prior to the institution of any
legal proceeding against us with a written
certificate executed by an appropriately licensed
professional specifying and certifying each and
every act or omission that you contend constitutes
a violation of the standard of care governing our
professional services. Should you fail to meet the
conditions above, you agree to fully release us
from any liability for such allegation.
6.4 For you to obtain the benefit of a fee which
includes a reasonable allowance for risks, you
agree that our aggregate liability for all claims
will not exceed the fee paid for Services or
$50,000, whichever is greater. If you are
unwilling to accept this allocation of risk, we will
increase our aggregate liability to $100,000
provided that, within 10 days of the date of this
Agreement, you provide payment in an amount
that will increase our fees by 10%, but not less
than $500, to compensate us for the greater risk
undertaken. This increased fee is not the purchase
of insurance.
6.5 You agree to indemnify us from all liability
to others in excess of the risk allocation stated
herein and to insure this obligation. In addition,
all indemnities and limitations of liability set
forth in this Agreement apply however the same
may arise, whether in contract, tort, statute,
equity or other theory of law, including, but not
limited to, the breach of any legal duty or the
fault, negligence, or strict liability of either party.
6.6 This Agreement shall be governed,
construed, and enforced in accordance with the
laws of the state in which our servicing office is
located, without regard to its conflict of laws rules.
The laws of the state of our servicing office will
govern all disputes, and all claims shall be heard in
the state or federal courts for that state. Each of
us waives trial by jury.
6.7 No officer or employee acting within the
scope of employment shall have individual liability
for his or her acts or omissions, and you agree not
to make a claim against individual officers or
employees.
Section 7: General Indemnification
7.1 We will indemnify and hold you harmless
from and against demands, damages, and
expenses of others to the comparative extent they
are caused by our negligent acts or omissions or
those negligent acts or omissions of persons for
whom we are legally responsible. You will
indemnify and hold us harmless from and against
demands, damages, and expenses of others to the
comparative extent they are caused by your
negligent acts or omissions or those negligent acts
or omissions of persons for whom you are legally
responsible.
7.2 To the extent it may be necessary to
indemnify either of us under Section 7.1, you and
we expressly waive, in favor of the other only, any
immunity or exemption from liability that exists
under any worker compensation law.
7.3 You agree to indemnify us against losses and
costs arising out of claims of patent or copyright
infringement as to any process or system that is
specified or selected by you or by others on your
behalf.
Section 8: Miscellaneous Provisions
8.1 We will provide a certificate of insurance to
you upon request. Any claim as an Additional
Insured shall be limited to losses caused by our
negligence.
8.2 You and we, for ourselves and our insurers,
waive all claims and rights of subrogation for
losses arising out of causes of loss covered by our
respective insurance policies.
8.3 Neither of us will 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.
8.4 This Agreement may be terminated early
only in writing. You will compensate us for fees
earned for performance completed and expenses
incurred up to the time of termination.
8.5 If any provision of this Agreement is held
invalid or unenforceable, then such provision will
be modified to reflect the parties' intention. All
remaining provisions of this Agreement shall
remain in full force and effect.
8.6 No waiver of any right or privilege of either
party will occur upon such party's failure to insist
on performance of any term, condition, or
instruction, or failure to exercise any right or
privilege or its waiver of any breach.