052615 EDACITY OF NEW HOPE
EDA MEETING
VT� a City Hall, 4401 Xylon Avenue North
May 26, 2015
EDA Meeting will commence upon
adjournment of the City Council Meeting
President Kathi Hemken
Commissioner John Elder
Commissioner Andy Hoffe
Commissioner Eric Lammle
Commissioner Jonathan London
1. Call to order - EDA Meeting of May 26, 2015
2. Roll call
3. Approval of Minutes:
EDA Regular Meeting - April 27, 2015
4. Resolution approving contract with. the Braun Intertec Corporation for geotechnical
services on the EDA owned site at 8400 Bass Lake Road (project no. 964)
5. Adjournment
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
EDA Minutes April 27, 2015
Regular Meeting City Hall
CALL TO ORDER President Hemken called the meeting of the Economic Development
Authority to order at 9:01 p.m.
ROLL CALL Present: Kathi Hemken, President
John Elder, Commissioner
Andy Hoffe, Commissioner
Eric Lammle, Commissioner
Jonathan London, Commissioner
Staff Present: Kirk McDonald, City Manager
Aaron Chirpich, Community Development Specialist
Tim Fournier, Director of Police
Valerie Leone, City Clerk
Chris Long, City Engineer
Jeff Sargent, Director of Community Development
Steve SondraIl, City Attorney
Stacy Woods, Assistant City Attorney
APPROVE MINUTES Motion was made by Commissioner Hoffe, seconded by Commissioner
London, to approve the regular meeting minutes of March 9, 2015. All
present voted in favor. Motion carried.
IMP. PROJECT 948 President Hemken introduced for discussion EDA Item 4, Resolution
Item 4 approving contract with Kevitt Excavating, LLC for the demolition and site
grading of 6059 West Broadway Avenue North. (improvement project 948).
Mr. Aaron Chirpich, community development specialist, stated bids were
sought for demolition of all building and site improvements and re -grading of
the site located at 6059 West Broadway Avenue North. He stated bid packages
were mailed to six bidders and only two bids were received. He stated the low
bid was submitted by Kevitt Excavating for $22,650. He indicated the
demolition is necessary to allow construction of a new single family home at
the site.
Mr. Chirpich explained the low bid is substantially higher than the original
estimate of $10,000, but is primarily due to tree removal costs, contractors'
busy schedules this time of year, and the landscaping requirements. He stated
staff has learned demolition costs should be estimated at approximately
$15,000 for typical house demolition specifications.
Mr. Chirpich stated there is a $9,000 contingency which will help offset the
costs, and the city will be reimbursed for costs through CDBG funds.
EDA Meeting
Page i April 27, 2015
Commissioner Elder inquired whether the property could be burned by West
Metro Fire -Rescue District. Mr. Chirpich indicated burning the property is not
possible due to a variety of reasons.
Commissioner Elder inquired of the city's experience with Kevitt Excavating.
Mr. Chirpich stated the city has utilized their services in the past and has had
good experience.
RESOLUTION 2015-04 Commissioner London introduced the following resolution and moved its
Item 4 adoption "RESOLUTION APPROVING CONTRACT WITH KEVITT
EXCAVATING, LLC FOR THE DEMOLITION AND SITE GRADING OF
6059 WEST BROADWAY AVENUE NORTH. (IMPROVEMENT PROJECT
948)." The motion for the adoption of the foregoing resolution was seconded
by Commissioner Hoffe, and upon vote being taken thereon, the following
voted in favor thereof: Hemken, Elder, Hoffe, Lammle, London; and the
following voted against the same; None; Abstained: None; Absent: None,
whereupon the resolution was declared duly passed and adopted, signed by
the president which was attested to by the executive director.
IMP. PROJECT 950 President Hemken introduced for discussion EDA Item 5, Resolution
Item 5 approving contract with Kevitt Excavating, LLC for the demolition and site
grading of 5431 Virginia Avenue North. (improvement project 950).
Mr. Aaron Chirpich, community development specialist, stated staff requests
approval of a resolution awarding a contract for the demolition of all building
and site improvements and re -grading of the site located at 5431 Virginia
Avenue to Kevitt Excavating, the low bidder, for $14,175.
Mr. Chirpich stated the specifications for backfilling were upgraded to
include third party testing of soil compaction in the primary excavation. He
also stated the specifications for landscaping were upgraded to include hydro
seeding of the entire site upon completion of demolition.
Mr. Chirpich stated the city will be reimbursed for costs through CDBG
funds.
Commissioner Hoffe asked whether the garage will be demolished. Mr.
Chirpich responded affirmatively.
RESOLUTION 2015-05 Commissioner Elder introduced the following resolution and moved its
Item 5 adoption "RESOLUTION APPROVING CONTRACT WITH KEVITT
EXCAVATING, LLC FOR THE DEMOLITION AND SITE GRADING OF
5431 VIRGINIA AVENUE NORTH. (IMPROVEMENT PROJECT 950)." The
motion for the adoption of the foregoing resolution was seconded by
Commissioner Lammle, and upon vote being taken thereon, the following
voted in favor thereof: Hemken, Elder, Hoffe, Lammle, London; and the
following voted against the same: None; Abstained: None; Absent: None,
whereupon the resolution was declared duly passed and adopted, signed by
the president which was attested to by the executive director.
EDA Meeting
Page 2 April 27, 2015
ADJOURNMENT Motion was made by Commissioner London, seconded by Commissioner
Lammle, to adjourn the meeting. All present voted in favor. Motion carried.
The New Hope EDA adjourned at 9:10 p.m.
Respectfully submitted,
Valerie Leone, City Clerk
EDA Meeting
Wage 3 April 27, 2015
EDA
Request for Action
Originating Department
Approved for Agenda
Agenda Section
Community Development
May 26, 2015
EDA
Item No.
By: Aaron Chirpich, CD Specialist
By: Kirk McDonald, City Manager
4
Jeff Sar ent, CD Director
Resolution approving contract with Braun Intertec Corporation for geotechnical services on property located at
8400 Bass Lake Road. (Improvement project 964).
Requested Action
Staff requests approval of a resolution awarding a contract for geotechnical services to be completed on
the EDA owned site located at 8400 Bass Lake Road, to the low and responsible bidder, Braun Intertec
Corporation, in the amount of $9,490.
Policy/Past Practice
It is practice of staff to secure competitive bids for technical services, and present contract proposals to the
board for consideration.
Background
At the May 18 work session, staff discussed with the Council the option of completing additional soil borings
and geotechnical analysis of the redevelopment site at 8400 Bass Lake Road. Staff indicated that such soil
exploration would aid the City in fixture negotiations for the sale of the property and allow staff to further
understand how the property can be developed. In general, staff felt that the Council was in favor of pursuing
additional geotechnical work on the site.
At the May 18 work session staff also presented proposals from two engineering firms for the recommended
geotechnical work. The proposal results are as follows:
+ Braun Intertec Corporation $9,490
+ American Engineering and Testing $11,500
Motion by � rk1J Second by
To: eLS-o&
I RFA COMM DEV Develo meat &R Award Geotechnical Contract for Improvement Project 964
Request for Action
May 26, 2015
Page 2
The City Engineer assisted staff in reviewing the proposals and is of the opinion that both firms will deliver on
the expected objective.
Recommendation
Staff recommends selecting the Braun Intertec Corporation for the project as they have presented the lowest
responsible bid. The attached proposal acceptance form and general conditions supplied by the Braun Intertec
Corporation will serve as the contract should the Board elect to move forward with the project.
Funding
If the Board is interested in pursuing the proposed geotechnical work for the site, funding for the project will
come from existing EDA reserves.
Attachments
• Resolution
• Soil Boring Location Map
• Braun Intertec Proposal
* American Engineering and Testing, Inc proposal
AMERICAN
ENGINEERING
TESTING, INC.
May 13, 2015
l&. Aaron Chirpich
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re: Proposal for Geotechnical Evaluation
Northeast Quadrant of Bass Lake Road and Yukon Avenue North
New Hope, Minnesota
Dear Mr. Chirpich:
CONSULTANTS
• ENVIRONMENTAL
• GEOTECHNICAL
• MATERIALS
FORENSICS
On behalf of American Engineering Testing, Inc. (AM), we are pleased to submit a proposal
for this project. In this proposal, we present our understanding of the project, an outline of the
scope of services we are to provide, a schedule of our services, and an estimate of our fees.
Project Description/Scope of Services:
We understand that the City of New Hope is currently in possession of the property at the
Northeast Quadrant of Bass Lake Road and Yukon Avenue North, and the City intends to sell
the property in the near future. You have requested that AET comment on possible
foundations for redevelopment of a hypothetical project on this site, based on existing site
information that the City will provide AET. Specifically, the hypothetical project would
consist of a 4 -story, wood frame, 100- to 120=unit, multi -family structure, or structures, with
underground parking.
The site was previously occupied by five apartment buildings which have since been razed.
Borings were performed at the property by others and found swamp -deposited organic soils
and peat For our evaluation, we will use the previous boring information; however, we also
recommend drilling 4 additional borings in the areas of the previous buildings. In addition to
these borings, you have requested that we add 4 additional borings to evaluate the feasibility
of a potential future sanitary sewer line on the east side of the property.
You indicated that we are not to provide final foundation recommendations, but only possible
foundation considerations based on the hypothetical project. The final owner of the site will
be required to hire their own geotechnical engineer to- perform any necessary subsurface
explorations and develop final foundation recommendations.
Field Exploration
We plan to drill 8 borings at this site. The borings would be drilled and sampled to a depth of
30 feet, or refusal, whichever occurs first. We will stake the boring locations, and determine
the ground surface elevation at the borings. We request that the City provide us with a nearby
benchmark. In the absence of a known benchmark we will use a convenient on- or off-site
550 Cleveland Avenue North i St. Paul, MN 55444
Phone 651 -659-90011 Toll Free 800-972-6364 Fax 651.659-13791 www.amengtest.com I AA/EEO
This document shall not bo reproduced, exotrpi In hill, without writters opproval born American Engineering Testing, Inc.
Mr. Aaron Chirpich
City of New Hope
May 13, 2015
Page 2 of 3
structure as our benchmark with an assumed elevation of 100.0 feet. 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'
liries. If there are private utilities on the site, it may be necessary to contact a private locating
company, and these companies charge for their services. We have not included a fee in this
proposal for retaining a private locator. If this is found to be necessary, we will pass this The
along to you at cosi, in addition to our fee for the geotechnical exploration.
We will drill the borings using hollow stem augers and/or the mud rotary method. and sampling
by the split -barrel method (ASTM D15W. Our crew will keep a field log noting the methods
of drilling and sampling, the Standard Penetration Values (N -values, "blows per foot"),
preliminary soil classification, and observed groundwater levels. Representative portions of
recovered samples will be sealed in jars to prevent moisture loss and submitted to our
laboratory for review, testing and final classification.
We will backfill the boreholes to comply with the Minnesota Department of Health Regulations.
Please now that some slumping of the backfill material may occur over -time. The City will be
responsible for future backfilling and repair to the borehole should slumping occur, to prevent
pedestrian injury.
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. If we encounter cohesive soil, we will test selected samples
for moisture content.
On completion of testing, we will visually/manually classify each sample on the basis of
texture and plasticity in accordance with the Unified Soil Classification System, and prepare
the boring logs.
Report
We will prepare a report in which we will present the results of our subsurface exploration
and laboratory testing. We will use our boring information, along with the information
provided by the City, to present possible foundation type(s) for the hypothetical project. The
report will also include possible construction considerations for the project.. We have also
budgeted for one meeting with you to discuss the results.
Fees.
For the scope of services defined above our fees will be as follows:
0 Drill and sample 8 borings (240 feet of drilling) $7,700.00
0 Engineering Review and Report budget $4,000.00
TOTAL: $11.,700.00
In the event the scope of our services needs to be revised (e.g., extending the borings deeper
American Engineering Testing, Ina
Mr. Aaron Chirpich
City of New Hope
May 13, 2015
Page 3 of 3
or additional laboratory testing), we will review such scope adjustments and the associated
fees with you, and receive your approval before proceeding. Our fees will be in effect until
October 31, 2015, after which they will be subjected to review and possible escalation.
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 Agrecment 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.
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 AErs 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
"Enviromnental/Geotechnical Service Agreement — Terms and Conditions" are incorporated
herein and are an integral part of this contract for professional engineering services.
If you have questions regarding this proposal, please contact me.
Sincerely,
Amre nn Enginee �'ng Testing, Inc.
Gregory R. Reuter, PE, PG, D.GE
Principal Engineer
Acceptance By:
Signature:
Printed Name:
Enclosures: Representing:
2015 Geotechnical Fee Schedule
Service Agreement (3 pgs.) Date:
American Engineering Te.Mng, Ina
2015 GEOTEC LAICAL M SCHEDULE
L Personnel Hour[vliates
5. LP" E or GROUP
I5.00Air.
A.
Word Processing Specialist
64.00/hr.
6. Slope Stability (RASA)
MOD&.
B.
Engc or Env. Technician I
70,00/hr.
7, Stabilized Berths Slopes & 'Walls
15.001fu.
C.
Bngr. or Env. Technician II
83,OONrrr.
8. Settlement (FOSSA)
15.00/br.
D.
Drill Technidan/Gleo Lab Tecbnician
93.00(hr.
9. SHAFT
15.00/hr.
E.
Senior Engineering Technician
99.0041rr.
F. Aft Wear- hock Coring'
F.
Raginearing Assent
109.00&x.
1. Diamond Bit - Sedf nwrtary Rock
G.
Bngineer IlGeologist 1
117.00/br.
a) B. NQ
10.00/foot
H.
Engineer WGeologist U/Sr. EW. Assistant
134,00ft
b) HQ
12.00/foot
I.
Senior Raginew/Geologist
150A041r.
2. Diamond Bit - Metamorphic & Igneous
I.
Principal Bngincer/Gleelogist
179.001br.
a) B, NQ
17.00/foot
b) HQ
20.00lfoot
11 Vehicle llmmme
IV. LaboKLt2a Tests of Soil
A.
Personal Automobile/Truck
0.75/mile
A Water Content
hourly
B.
Arndffi" Track Vehicle
1.00/mile
B. Dry Density (includes water contort)
56.00he9
C.
Truck with Coring, FWD, or GrPR Equipment 1.10/mile
C. Atterberg Limits (ASTM:D4318)
D.
'Truck with Warring Sign/Crash Trailer
1.20/miln
1. Plasticity Index
108.00/tut
E.
1 -ton Track with Drill Rig
1.20fmile
2. Liquid Limit or Plastic Limit Separately
93.00/test
F.
1% to2Y-tonTruck with DrMRig
1.35/rrrile
D. Steve Analysis (includes -#200)
100.001test
0
CPT Truck Rig (20-to11 push capacity)
1.60hage
R Hydroureter Analysis (sieve included)
195.00/test
H.
Tractor/i.owboy lbger
1.80/mile
F. Thermal Resistivity w/Proctaor (ASTM:D5334)
1. As Received and Oven Dried (2 pts)
990.00,%st
III, Euuioment
Rental
2 Dry Out Curve (4 pts) 1225.00/test
A.
Drill Rig Rental
0. Electrical Resistivity (AMM:07-Sall Box)
96.00Itest
1. Rotary Drill on 1 -On Truck
70.001hr.
H. Corroslon/Conm to Attach Series* 225.00/series
2. R.oWy Drill ou 1Y4 to 2'% --tan Truck
80.00/hr.
L Consolidation (up to 32 tat)
3. RotaryDrill onAll-Terrain Vehicle
110.00/hr.
1. With P -e curves only
470.00/test
4. Portable, Non-roteryRig
80.00/hr.
2. Wi(hP-e curves, time curves
590.00/test
B.
Awdliary/Spedalty Vehicle Rental
1. Unconfined Compression (anal. wc/derr_sq)
92AOItest
1. Auxiliary Truck Vehicle
17.45/hr.
I Hand Penetrometer
10.0O/test
2.. Truckwith Waning Sign/Crash Trailer
28.001hr.
K. Organic Content of Soil
62.00(test
3_ Truck with Coring Equipment
44.OWhr.
L. Topsoil Borrow Test (MnIDOT 3877)
290AOAest
C.
Came (CPT) RfgBquipmentReutal
M. R value (Hveem Stabilomreter)
388.001teit
1. CPT Rig (Truck or ATV)
143.00/6or.
N. CaMmuiaBearingRaiio
2. Electronic Cone w/Computer
41.00lhr.
1. Granular
610.00/i%t
3. Sort Sampler
3.50/hr.,
2. Cohesive
690.00/toot
4. Water Sampler
20.OW&.
O. Proctor Tests (Me hods A or B)
D.
Miscellaneous Equipment Rantal
1. Standard
125.00/test
i. Field Vane Shear
320.001day
2. Modified
135.00/test
2. Field Electrical Resistivity
235.00/day
*iuclu8es pH, chloride ion, soluble sulffites, sulffdes,
3. field Seismic Shear Wave (Rebli)
410.001day
redox potential (resistivity not included).
4. InGTioometea Reading Equipment
330.00/day
5. 111who do Trnsducer Reading
170.00/day
V. Egmunox
6. Bore Hole Permeability
A. Direct Project Expenses; includes out-af-
Cost + 15%
& Open End Casing Method
I35.00Iday
town per diem; plowing & towing; special
b. HQ Wireline Pacdoer
330.00/day
materials & supplies; special travel,
7. Borehole PrrssuremeW
69.00/hr, '
transportation & freigbt; subcontracted
S. Iowa Borehole Shear Tester
335.00/day
ser -does. and miwelleneous costs
9. Double Ring IuMtrometer
260.00/day
B. Equipment Rcpla t (when abandonment
Cost
10. Photoionization Detector (PID)
115.00/day
is snore famble than recovery)
11. GPS Mapping system
15.25&&
C EquVmsent Recovery (when required by
Cost + 15%
12. Pile Driving Analyzr (PDA)
740.00/day
regulatory agencim or project Mmificalions)
13. Celilisted SPT Rod
200.00/day
14. Pile Integrity Test (P1Tj
300.OWday
The rates presented are portal to -postal with vehicle mileage, expenses
15. Portable Conraete Coring Equipment
45.00&r.
and equipment rentals beang additlonal.
16. Pav=entTesting (includes truck)
a_ Falling WeWDefectoamtea
138.00/hr.
Overtime for personnel charged at above cost plus 25% for over 8
b. GroundPetrelrating Radar (GFR)
78.001hr.
hours per day or Saturday; and at above cost phis 500A for Sundays or
E.
Geotechnical Software Rental
Holidays. Hazardous work charged at an additional 25% Night time
1. Geo Studio Finite Element
55.00/hr.
shift work will include a premium charge of $30.00 per .pe rson per
2. CAPWAP
30.00/hr.
shift
3. AutoCAD or Mfrcrostation
25.00/hr.
4, Wave Equation (WRAP)
15.00/br.
0117 021.15 (01115) AMERICAN NNGRQOMWG TESTIIVG, INC.
ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT -TERMS AND CONDITIONS Page 1 of 3
SEDC ION t-_RE5PON5lBiLlTIES
JA - This Service Agreement --Terms and Conditions ("terms and conditions") Is applicable to all Services provided by American Engineering Testing,
Inc. (AEr). As used herein'Urvices" refers to the scope of services described In the proposal submitted by AEr to Client. The proposal, these terms
and conditions and any appendices attached hereto shall comprise the Agreement between AEr and Client for Services described In the proposal and
are binding upon the Client, its successors, assignees, joint ventures and thlyd-party benefldaries. AET requests written acceptance of the Agreement,
but the following actions shall also constitute {:Merit's acceptance of the Agreement: 1) Issuing an authorizing purchase order for any of the Services, 2)
authorizingAEVs presence on site, or 3) written or electronic nadillcation for AETto proceed with any of the Services.
122 — Prior to AET performing services, Cller t will provide AET with all information that may affect the cost, progress, safety and performance of the
Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client a nd
property owner, site safety plans or other documents which mmeyy mntrol or affect AET''s Services. If new Information becomes available duringAET's
Services, Client will provide such information to AEr in a timely manner. Failure of client to timely notify AET of chanes to the project lndudtng, but
not limited to, location, elevation, loading, or configuration of the structure or Improvement will constitute a release of any liability or Indemnity
obligations of AET for loss or damages related to such changes. Client will provide a representative for timely answers to pro)ect-related questions by
AET.
1_3 - AET is responsible only for performance of the Services. AEr will not be held responsible for work or omissions by Client or any other party
working on the project. The Services do not include construction management general contracting or surveying services. AET will not be responsible
for directing or supervising the work of other parties, unless specifically authorized and agreed to In writing.
U — Cllent acknowledges the limitations Inherent In sampling to characterize burled subsurface conditions. Varlatlons In soil conditions occur
between and beyond sampled/tested locations. The passage of time, natural occurrences and direct or Indirect human'acifvitles at the site or distant
from it may alter the actual conditions. Client assumes all risks associated with such variations In soli and subsurface conditions.
1_5 - AET is not responsible for interpretations or modfflcatlons of AEi's recommendations by other persons.
is - Should changed conditions be alleged, Client agrees to nptify AET before evidence of alleged change Is no longer accessible for evaluation.
J.7 - Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing If Client requests modifications to the
Agreement or use of client's alternate contract format. Any contract amendments made after talent has authorized the Services shall be applicable
only to services performed after the effective date of such amendment. The proposal and these terms and conditions, including terms of payment,
shall apply to all Services performed priorto the effective date of such amendment.
JJ - The AET proposal accompanylng these terms and conditions Is valid for sixty (60) days after the proposal issuance date to the client, Any attempt
to authorize Services after the expiration data Is subject to AET"s rlghtto revise the proposal as necessary;
SE91ON 2 - M ACCESS AND RESTORATION
321- Client will furnish AEr safe and legal site access.
2_2 Client acknowledges that in the normal course of its Services, AET may unavoidably alter existing site conditions or affect the enVironment in the
area being studied. AET will take reasonable precautions to minimize alterations to the site or existing materials. Restoration of the site Is the
responsibility of the Client.
SECTION -UNDERGROUND UTILIYND STRUCTURE BLEAR gg
3_i - Borings, excavations and other penetrations must be located at safe distances from underground utilities or other man-made objects. Client shall
advise AEr of all utilities that service br are located on the site, and any underground Improvements located.on the site. Prior to drilift AEr will
contact state notification centers, where available, or individual utility owners where a state notfHcatlon center Is not available. AET shall be entitled
roc rely on the location Information provided by locating vendors.
3_2 — If Public utility owners do not provide the locating service on private property or the property owner has private underground Improvements
which cannot be cleared through the state notiflcation center or public utility owners, Client shall be responsible for location of such Willies prior to
drilling, or for payment of a private utility clearance subcontractor.
U - AEr will not be responsible for any damages to underground utilltles/Improvemen'ts not located or incorrectly Identified by the foregoing location
methods.
SECTION 4 - CONTAMINATION
4.11- client acknowledges and accepts all contamination risks which may be associated with the Services. Risks include, but are not limited to, cross
contamination created by linking contaminated zones to uncontaminated zones during the drilling.process, containment and proper disposal of (mown
or suspected hazardous materials, drill cuttings and drill fulds, and decontamination of equipment and disposal and replacement of contamEnated
consumables. Discovery of actual or suspected hazardous materials shall entitle AET to take Immedlate measures It deems necessary in its sole
discretion, including regulatory notification, to protect human health and safety, and/or the environment. Furtfw, discovery of such materiels
constitutes a changed condition for which Client agrees to pay associated additional cost.
4_2 - Client shall Indemnify and hold AET harmless from all liability, damages, claims or costs resulting from contaminants on the site.
SECTION 3 - SM
54 - Cllent shall Inform AET of any known or suspected hazardous materials or unsafe conditions at the site. If, during the course of AET's Services,
such materials or conditions are disaavered, AET reserves the right to take measures to protect AEr personnel and equipment or to Immediately
terminate Services. Client shall be responsible for payment of such additional protection costs.
;A- AEr shall only be responsible for safely of AET employees at -the site, the safety of all others sha It be Client's or other persons' responsibility.
SECTION 6—SANIPl0
f.1- Client shall inform AET of any known or suspected hazardous materials prior to submitral to AET. All samples obtained by or submitted to AET
remain the property of the Client during and after the Services. Any known or suspected hazardous material samples will be returned to the Client at
AET's discretion.
ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT -TERMS AND CONDITIONS Page 2 of 3
- Non -hazardous samples will be held for thirty (30) days and then discarded unless, within thirty (30) days of the report date, the Client requests in
writing that AET sore or ship the samples. Storage and shipping costs shall be bome solely by Client.
SE ION 7- PROJLCF RECORDS
The original project records prepared by AET .will remain the property of AET. AET shall retain these original records for a minimum of three years
following submission of the report, during which period the project records can be made avaliable to Client at AE Vs office at reasonable times.
LECTION 8 - STANDARD OF CARE
AET performs its Services consistent with the levels of care and skill normally performed by other firms In the profession at the time of this service and
In this geographic area, under similar budgetary constraints.
SEL1710N 9 - INSU C
AET maintains insurance with coverage and limits shown below. AETwfll furnish certificates of insurance to Client upon request,
9_1—AET maintains thefollowing insurance coverage and limits of liability:
Workers' Compensation
Employer's Ilabliity
Commercial General Liability
Automobile Lfabliity
Pmfesslonal Liability insurance
Statutory Limits
$100,000 each accident
$500,000 disease policy limit
$100,000 disease each employee
$'4000,000 each occurrence
$1.000,000 aggregate
$1,D00,10DO each accident
$4000,o00 per dalm
$1,000,000 aggregate
9.2 - Commercial General Uabillty insurance will include coverage for Products/Completed Operations extending one (1) year after final acceptance of
the Project by Owner, Property Damage Including Completed Operations, Personal Injury, and Contractual Liablllty Insurance applicable to AM
Indemnity obligations underthis Agreement.
9.3 -Automobile Uabllity Insurance shall include coverage for all owned, hired and non -awned automobiles.
9;4 - Professional Liablilty Insurance is written on a claims -made basis and coverage will be maintained for one (1) year after final acceptance of the
Project by Owner. Renewal policies during this period shall maintain the same retroactive date.
LE -To the Extent permitted by applicable state law, and only upon client's signing of the proposal and return of the same to AET, Client and Owner
shall be named an 'additional insured° on AE-rs Commercial General Liability Policy (Form CG D4 14 04 08, which includes blanket coverage for
Products/Completed Operations and an a Primary and Nan -Contributory basis) and Automobile Liability Policy. Client and Owner shall be extended
"waiver of subrogation" status for applicable coverages. Any other endorsement, coverage or policy requirement shall result in additional
charges.
9,� - AET will maintain In effect all Insurance coverage required by this Agreement at Its sole expense, provided such insurance is reasonably
available, with Insurance carriers licensed to do business in the state In which the project Is located and having a current A.M. Best rating of no less
than A minus (A-). Such Insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for
the policy or ten (10) days' notice for non-payment of premium.
9.7 - AET reserves the right to charge Client forAE1°s costs for additional coverage requirements unknown on the" of the proposal, e.g., coverage
limits or policy Modification including waiver of subrogation, additional insured endorsements and other project specific requirements.
SEC71ON 10 - DELAYS
if delays to AET`s Services are caused by Client or owner, work of others, strikes, natural causes, weather, or other items beyond AET's control, a
reasonable time extension for performance of workshall be granted, and AET shall receive an equitable fee adjustment.
SECTION 11- PAYMENT, INTEREST
, AND BREACH
1L1- Invoices are due net thirty (30) days, Client will inform AFT of invoice questions or disagreements within fifteen (15) days of invoice date; unless
so informed, Invoices are deemed correct.
11.2 --Client agrees to pay interest on unpaid Invoice balances at a rate of one and a half percent (1.5%) per month, or the maximum allowed bylaw,
whichever Is less, beginning thirty (30) days after invoice date.
11.3 — Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement;, permitting AET, In its sole discretion and
without limiting any other legal or equitable 'remedies for such breach, to terminate performance of this Agreement and be relieved of any associated
duties to the Client or other persons. Further, AEF may withhold from Client data and reports In AET s possession. if Client fails to cure such breach, all
reports associated with the unpaid Invoices shall immediately upon demand be returned to AFC and Client may neither use nor rely upon such reports
or the Services.
11,4 -Client will pay all AET expenses and attorney fees relating to collection of past due Invoices.
SECTION 12 - MEDIATION
Z1,_,_i - Except -for enforcement of AET's rights to payment for Services rendered or to assert and/or enforce. its Ben rights, Including without limitation
assertion and enfbroement of mec hanles lien rights and foreclosure of the same, Client and AET agree that any cialm, dispute or other matter in
AC5417EG 110/141 AMERICAN ENWNEERING IESFING. INC.
ENVIRONMENTAL/ GEOTECHNICAL SERVICE AGREEMENT -TERMS AND CONDITIONS page B of 3
question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or
equitable proceedings by either party; provided however that If either party falls to respond to a requestfor mediation within sixty (60) days, the party
requesting mediation may without further notice, proceed to arbitration or the Institution of legal or equitable proceedings.
12.2- Mediation shall be In accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Requestfor mediation
shall be In writing and the parties shall share the mediator's fee and any Ming fees equally. The mediator shall be acceptable to both parties and shall
have experience In commercial construction matters.
SECTION - LfITGATION REIMBURSEMENT
Except for matters relating to non-payment of fees, which Is governed by Section 9.4 hereof, payment of attorney's fees and costs associated with
lawsuits or arbitration of disputes between AET and Client; which are dismissed or are judged substantially In either party's favor, shall be paid by the
non-prevalling party. Applicable costs Include, but are not llmitedto, attorney and expert witness fees, court costs, and AET costs.
LECTIDN 14 - MUTUAL INDEMNIFICATION
14.1 - Subject to the limitations contained In Sections 13 and 14, AET agrees to indemnify Client from and against damages and costs to the extent
caused by AET's Intentional acts or negligent performance of the Services.
1A.2 - Client agrees to Indemntfy AET from and against damages and costs to the extent caused by the intentional acts or negligence of the Client,
Owner, Client's contractors end subcontractors or other third parties.
K$ - If Client has an Indemnity agreement with other persons or entities relating to the project for which AEI's Services are performed, the client
shall Include AET as a beneficiary.
1a.4 - Mrs indemnification to the Client, Including any indemnity required or implied by law, Is limited solelyto losses or damages caused by its fallure
to meet the standard of care and onlyto the extent of Its negligence or Intentional acts.
SECTTOWS- WAIVER OF CONSEQUENTIAL DAMAGES,
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY SIRALL BE LIABLE: TO THE OTHER FOR ANY CONSEQUENTIAL,
sPECIAL, INDIREcr, INCIDENTAL OR PUNITIVE DAMAGES INCURRED EVEN IF THE POSSIB11.11Y OF SUCH DAMAGES WAS FORESEEABLE.
CONSEQUENTIAL DAMAGES INCLUDE, BUT ARE NOT LIMITED TO LOSS OF USE AND LOSS OF INCOME OR PROFIT.
SECTION 16-- LIMITATION OF LIABILITY
Client agrees to limit AEI's liability to client resulting from AEI's negligent acts, errors or omissions, such that the total Gabllity of AET shall not exceed
$50,001).
SECTION 17 -• UNIONIZATION
AFT reserves the right to negotiate an appropriate fee Increase or to terminate its contract on three (3) days written notice to tient without Incurring
penalties or costs from Client, Owner and their successors, assignees, Joint -venturers, contractors and subcontractors, or any other parties Involved
with the project far claims, Ilabillties, damages or consequential damages, directly or indirectly related to AET being required to provide unionized
personnel on the project Reservatlori of this right on the part of AET represents neither approval nor disapproval of unions in general or the use of
collective bargaining agreements,
SECTION 18 - POSTING OF NOTiCES ON EMPLOYEE RIGEM
Effective June 21, 2010, prime contracts with a value of $100,000 or more and signed by federal contractors on projects with any agency of the United
States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employees of their rights under Federal labor
laws. The required notice may be found at 29 Code of Fedenst flow—rtians Part 471. AovendlitA to SluboartA. The regulatlon also has a'flow-down"
requirement for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AEI' requires strict compliance of its
subcontractors working on federal contrails subject to this regulation. The regulation has specific requirements for location of posting and language(s)
for the poster.
SECTION 14 -TERMINATION
After 7 days written notice, either party may elect to terminate this Agreement for justifiable reasons. In this event, the client shall pay AETfor all work
performed, Mduding demoblilzation and reporting ocststo complete the file.
SECTION 28 —SEVERABILITY
Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue In force.
However, Client and AEE will In good faith attempt to replace in Invalid or unenforceable provision with one that Is valid and enforceable, and which
comes as close as possible to expressingthe intent of the original provision.
SECTION 21 -GOVERNING LAW
This Agreement shall be construed In accordance with the Laws of the State of Minnesota without regard to its conflicts of law provisions.
SECTJQK22-ENTIREAGREEMENT
This Agreement, Including these terms and conditions and attached proposal and appendices, Is the entire agreement between AET and (Lent,
Regardless of method of aomptance of this Agreement by the Client, this Agreement supersedes any previous written or oral agreements, Including
purchase/work orders or other Client agreements submitted to AET after the start of our Services. Any modifications to this Agreement must be
mutually acceptable to both parties and accepted In wrlting. No considerations will be given to revisions to AEI's terms and conditions or alternate
contract format submitted by the Client as a condition for payment of AET's accrued Services.
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April 30, 2015
Mr. Aaron Chirpich, Community Development Specialist
City of New Hope
4401 Xylon Ave N
New Hope, Minnesota 55428
Re: Proposal for a Geotechnical Evaluation
Residential Development
581h Avenue North and Yukon Avenue North
New hope, Minnesota
Dear Mr. Chirpich:
Braun Intertec Corporation
1826 Buerkle Road
Saint Paul, MIN 55110
Proposal QTB019829
Phone: 651.487.3245
Fax: 651.487.1812
Web: braunintertec.com
We respectfully submit this proposal to complete a geotechnical evaluation for the potential
development of residential land at the intersection of Yukon Ave., North and 58th Ave., North in the city
of New Hope, Minnesota.
Our Understanding of Project
We understand you are assessing the feasibility of developing a residential parcel within the city. Based
on past topographic information and seven soil borings previously completed, it appears that the
potential for development on the site is limited due to unsuitable soil conditions in a portion of the site.
Based on the historical surface elevation contours and previous borings, the central portion of the site is
not suitable for development because of the extensive depth of organic soils. The suitability of the site
appears to be better around the perimeter of the parcel.
You requested that we evaluate development of the site based on construction of a four-story stick
frame, multi family building that will accommodate from 100 to 120 units, with underground parking.
Our requested scope of services includes the following:
Determine if more borings are required to achieve the desired outcome.
Cost estimate for the scope of work that you recommend.
Based on this, we have attached Exhibit A, showing the previous boring locations (red dots), proposed
boring locations (green diamonds) and the possible building area.
Purpose
The purpose of the Geotechnical Evaluation will be to assess the soil and groundwater conditions at the
site by means of a limited number of soil borings. The interpreted subsurface conditions and available
project details will then be used to prepare engineering and construction guidelines for the geotechnical
aspects of the project.
AA/EOE
City of New Hope
Proposal QTB019829
April 30, 2015
Page 2
Proposed Scope of Services
Our scope of services will be performed under the terms of our September 1, 2013, General Conditions.
The following tasks are proposed to help us achieve our stated purpose. If unfavorable or unforeseen
conditions are encountered at any point during the completion of these tasks that lead us to recommend
an expanded scope of services, we will contact you to discuss those conditions before resuming our
work.
Site Access, Staking and Utility Clearance
Based on our reconnaissance of the site, our familiarity with the site, and a review of an aerial photo, it
appears that the site is accessible to a truck -mounted drill rig. Depending on access limitations, ground
conditions or potential utility conflicts, our field crew may alter the boring locations from those proposed
to facilitate accessibility.
We propose to stake prospective soil boring locations and obtain surface elevations at those locations
using GPS (Global Positioning System) technology. For purposes of linking the GPS data to an appropriate
reference, we request that you provide us with CAD files indicating location/elevation references
appropriate for this project, or give us contact information for the consultant that might have such
information.
Prior to drilling, we will contact Gopher State One Call and request they notify the appropriate utility
vendors to mark and clearthe soil boring locations of public underground utilities. You or your
authorized representative is 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
We will drill eight standard penetration test borings for the proposed project, extending three of them to
a nominal depth of 30 feet, three to a nominal depth of 25 feet, and the remaining two to a depth of 20
feet. Penetration tests will be performed at 2 A -foot vertical intervals to a depth of 15 feet, and then at
5 -foot intervals to the boring termination depths. The borings will be completed in general accordance
with ASTM International Method D1586). The total proposed drilling footage is 205 feet.
If existing fill, organic materials or other unsuitable soils have not been penetrated above the intended
boring termination depths, we will extend the borings to obtain at least 5 feet of penetration into more
competent materials at greater depths. The additional information will help us evaluate such issues as
excavation depth, consolidation settlement, and foundation alternatives, among others. If deeper
borings (or additional borings) are needed, we will attempt to contact you priorto 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.
If we are unable to contact you, we reserve the right to reduce the number of borings if the borings need
to be extended to greater depth and if such action is required to avoid a re -mobilization of our drilling
equipment.
Mi''l
City of New Hope
Proposal QTBO19829
April 30, 2015
Page 3
Borehole Abandonment
Minnesota Well Code requires us to seal any boring or core that encounters groundwater and is either
greater than 25 feet deep, or penetrates a confining layer. Based on the intended boring depths, we have
made provisions to seal 90 linear feet of the bore hole with grout, and prepare associated sealing
records. We have included a cost of $2 per linear foot of grouting in our proposal cost.
Sample Review and Laboratory Testing
Samples will be returned to our laboratory where they will be visually classified and logged by a
geotechnical engineer. To help classify the materials encountered and estimate their engineering
properties, we have budgeted to include the following laboratory testing schedule:
16 Moisture content tests (per ASTM International D2216);
4 2 Wash samples through a #200 sieve (per ASTM C117);
2 Atterberg limits tests (per ASTM International D4318);
■ 6 Organic content tests (per ASTM International D2974); and
If after review of the soils and groundwater conditions, it is our opinion that an increased laboratory
testing schedule is warranted and would be cost -beneficial to the project, we will request authorization
from you to perform additional testing. We will not increase our total cost without specific authorization
from you through a Change Order.
Reporting
Data obtained from the soil borings and laboratory tests will be used to evaluate the subsurface profile
and groundwater conditions, perform engineering analyses related to the proposed project and prepare
a report including:
■ A Boring Location sketch showing the project components and limits, as well as boring locations.
■ Logs of the borings describing the materials encountered and presenting the results of our
groundwater measurements and laboratory tests.
■ A summary of the subsurface soil profile and groundwater conditions.
■ Discussions identifying the site conditions that will impact structure design and performance,
qualifying the nature of their impact, and outlining alternatives for mitigating their impact.
Discussions regarding the reuse of on-site materials during construction, and of the impact of
groundwater on construction.
Recommendations for preparing structure subgrades, including excavation support if applicable,
and the selection, placement and compaction of excavation backfill and other structural fill.
Recommended net allowable bearing pressure forfoundation design, along with the estimated
foundation settlements at the indicated pressure.
Recommended pavement sections for parking and drive areas.
MRAVN
INTERTEC
City of New Hope
Proposal QTBO19829
April 30, 2015
Page 4
We will provide you with a digital copy of our report. If you would like a signed original report, we can
also provide one to you. If you desire copies to be sent to other parties, please provide us with their
email address.
_• »
If an all -terrain drill rig is needed for site access due to the discovery of difficult terrain or changed
ground conditions, an additional charge of $125 per hour will apply. If borings need to be extended
beyond their intended termination depths, we will charge an additional $18 per lineal foot beyond the
originally intended termination depth. Additional site mobilizations will be charged at $300 per day.
Cost and Invoicing
We will furnish the services described in this proposal for a lump sum fee of $9,490. We are available to
meet with you and discuss our proposed scope of services further, clarifying the various scope
components, or discussing how the scope may be adjusted to meet your project requirements. Invoices
are payable according to the terms of the attached General Conditions.
Schedule
We currently have a significant drilling backlog. We anticipate that the tield work can begin within
approximately four weeks of authorization; the field exploration will take 2 days to complete. We
anticipate we can submit our report by approximately 14 days after completion of the drilling. Verbal
recommendations can be provided prior to issuance of our final report. If your project timeline requires a
reduced time to complete our exploration program, please contact us. We will work with you and
attempt to accelerate our drilling program.
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 appreciate the opportunity to provide you with a proposal for this project. If it is acceptable, we
request that you return the entire signed proposal to us. The proposed fee is based on the scope of
services described and the assumptionsthat our services will be authorized within 30 days and that
others will not significantly delay us beyond our proposed schedule.
City of New Hope
Proposal QTBO19929
April 30, 2015
Page 5
We include the Braun Intertec General Conditions, which provide additional terms and are a part of our
agreement.
If you have any questions regarding this proposal, please contact Loren Braun at 6S1A87.7011 or by e-
mail au-BraunIRBIAunintedw.com.
Sincerely,
BrTERTEC RATION
1N
IV
Loren W. Braun, PE
Senior Engineer
Gregg R. Jandro, PE
Vice President — Principal Engineer
Attachments:
Exhibit A General Site Concept
General Conditions (09/01/2013)
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
1001
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Proposal No:
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Cl'B019829
Drawing No.
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Checked By: Me
Last Modified: 4*W5
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GENERAL SITE CONCEPT
RESIDENTIAL DEVELOPMENT
58TH AVENUE NORTH AND YUKON AVE NORTH
NEW HOPE, MINNESOTA
C7
R RAID N
I NTE RTEC
11D01 Hampshire Avenue So.
Minneapolis, MN 55438
PH. (952)995.200D
FAX (952) 995.202D
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.
12 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.
22 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.
23 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 overtime.
24 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.
27 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 wlth 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 daim 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.
42 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 maybe
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
workthat 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.
52 You will notify us of bllling 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 Invoke another, we wlll
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.
5A Your obligation to pay for our services
under this Agreement is not contingent on your
ability to obta In 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.
57 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
meetings) attended by each party's
representatives) empowered to resolve the
dispute. Before either of us commences an
action against the other, disputes (except
collections) will be submitted to mediation.
62 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
agalnst 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
oniy, 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.
6.3 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.
6.4 Our Agreement may be terminated early
only in writing. We will receive an equitable
adjustment of our compensation In the event
of early termination.
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