HomeMy WebLinkAbout[03b] Soil Borings - MN ST W Trail Council Agenda Item ?)-
CITY OF ST.JOSEPH
MEETING DATE: September 6,2018
AGENDA ITEM:
SUBMITTED BY: Randy Sabart, City Engineer
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: Ordered advertisement for bids for construction contract
BACKGROUND INFORMATION:
The federal grant for the project requires sampling and testing of construction materials that
follow the minimum testing requirements defined by the State Aid for Local Transportation
(SALT) Schedule of Materials Control. The grant also requires that Quality Assurance sampling
and testing be performed by an agency independent from, and not retained by,the contractor. As
such, for Federal Aid or State Aid funded construction contracts,the City engages the testing
consultant.
BUDGET/FISCAL IMPACT: $15,169.00
Est. Construction $1,294,900
5%Construction Contingency $64,700
Right of Way Acquisition $46,000
Geotechnical Investigation(Soil Borings) $4,600
FHWA Project Memorandum $10,700
Prelim/Final Engineering, Survey,ROW Acquisition $80,000
Specifications/Bidding Services $15,000
Construction Engineering $112,500
Est. Construction Materials Testing $15,000
Permitting/Wetland Mitigation $55,000
Legal&Administrative $15,000
TOTAL $1,713,400
Programmed Federal TAP Funding(Grant) $650,594
ATTACHMENTS: Braun Intertec Proposal
REQUESTED COUNCIL ACTION: Approve/execute Braun Intertec construction materials testing
proposal
C:\Users\jweyrens\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XL3OH442\Req Council Action Braun
Const Malls Testing 090618.doc
BRAUN Braun Intertec Corporation Phone:320.253.9940
3900 Roosevelt Road,Suite 113 Fax: 320.253.3054
INTERTECSaint Cloud,MN 56301 Web: braunintertec.cn,
The Science You Build On.
August 30,2018 Proposal QTB085032
City of St.Joseph
Judy Weyrens
75 Callaway St E
St Joseph, MN 56374
Re: Proposal for Construction Materials Testing Services
City of St.Joseph-2018 CSAH 2 Trail Imps-CMT
SP 233-090-001
St.Joseph, Minnesota
Dear Ms. Weyrens:
Braun Intertec Corporation is pleased to submit this proposal to provide construction materialstesting
services for the CSAH 2 Trail Improvements in St,Joseph, Minnesota.
We have completed the geotechnical evaluation,project number B1702476,so we have a unique
understanding of the site and construction challenges. We canaid the construction team by applying this
experience and transferring our knowledge developed during the design phase which will provide
professional continuity to the construction. Our work on the project to date gives us familiarity with the
project team and design development which allows us to understand some of the considerations used
when developing the project's design.
Since our inception in 1957,we have grown into one of the largest employee owned engineering firms in
the nation.With around 1,000 employee owners, retaining our firm gives you access to a diverse range of
services and professionals you can consult with if the unforeseen occurs.The size of our company also
allows us to respond quickly when schedule constraints occur.
Our Understanding of Project
We understand this project will include the construction of a pedestrian trail along County State Aid
Highway(CSAH) 2,from 4th Avenue NW to County Road 51. Construction will include pavement
subgrade preparation,aggregatebase placement,minor concrete curb and gutter,sidewalk,along with a
new bituminous pavement.Improvements to the storm sewer utilities will also be part of this project.
Braun Intertec performed the geotechnical and environmental evaluations for the project.Our familiarity
with the soil and environmental conditions on the project will be valuable for the City of St Joseph and
the SEH project team.
This project is a City of St.Joseph project with federal funding. Projects that are constructed with federal
funding are required to perform Quality Control and Quality Assurance(QC/QA) testing in accordance
with the Minnesota Department of Transportation's(MnDOT's)2016 Standard Specifications for
construction.This project is using MnDOT's 2018 State Aid for Local Transportation(SALT)Schedule of
yr ci.IsControl. Personnel with MnDOT certifications must complete the monitoring and testing.
City of St.Joseph
Proposal QTB085032
August 30,2018
Page 2
Braun Intertec will perform the QA field testing and plant monitoring on the project as listed in our scope
of services and as shown on our attached cost estimate table.The contractor will be responsible for
performing all of the required QC testing and submitting all the documentation upon completion of the
project.An audit of the project could be conducted upon completion.The audit may include reviewing
tests and paperwork provided by your QC/QA representative.
Available Project Information
This proposal was prepared using the following documents and information.
• Project plans and specifications prepared by SEH,Inc.,dated March 28, 2018.
• Project Addendums 1& 2,dated August 21,2018 and August 22, 2018,respectively.
• Geotechnical report number B1702476,prepared by Braun Intertec,dated May17,2017.
• Discussions with Mr.Randy Saban with SEH,Inc.
Braun Intertec Project Personnel
For this project,we will provide technicians that are MnDOT certified in each specialized field. We have
many MnDOT certified employees. For the proposed scope of services, our staff will have the following
certifications:
• Aggregate Production • Concrete Plant I
• Grading& Base I • Bituminous Plant I
• Concrete Field I • MnDOT or ACI Strength Testing
Accredited Laboratory
In the 2016 Schedule of Material Control, which is part of this project's testing requirements, MnDOT
requires laboratories performing acceptance tests for payment to be accredited by the AASHTO Resource
(formerly AASHTO Materials Reference Laboratory[AMRL])for all test procedures performed.
Scope of Services
Testing services will be performed on an on-call, as-needed basis as requested and scheduled by you or
your on-site project personnel. Based on our understanding of the project,we propose the following
services.
Soil Related Services
• Perform nuclear gauge density tests on sub-grade,embankment, and utility backfill
materials.
BRAUN
INTERTEC
City of St.Joseph
Proposal QTB085032
August 30,2018
Page 4
• Perform nuclear gauge density tests on aggregate base material.
• Perform companion moisture content tests at time of compaction with contractor's quality
control personnel on backfill materials.
• Perform gradationtests on granular borrow,select granular borrow and aggregate base
materials.
• Perform laboratory standard Proctor tests on backfill and fill materials.
• Prepare the preliminary and final grading and base report along with assembling the random
sampling locations report for the aggregate base according to MnDOT Specifications.
Concrete Field Testing Related Services
• Sample and test the plastic concrete for slump, air content,temperature prior to placement.
• Prepare 4-inch by 8-inch cylinders for compressive strength testing.
• Laboratory compressive strength testing of cylinders.
• Perform concrete ready-mix batch plant inspections which include periodic observations of
plant operations, collecting and submitting aggregate samples,cement samples and
admixture samples for testing.
• Perform coarse and fine aggregate gradation tests.
• Develop the Weekly Concrete Reports for the Project Engineer's review and their submittal
to MnDOT's Concrete Office.
Bituminous Related Services
• Perform bituminous plant inspections which includes periodically observing the contractor's
quality control testing,observing one set of contractor tests per day and collecting
companion samples for quality assurance tests.
• Collect one verification sample per mix per day of production. Perform quality assurance
tests on these samples which include Rice specific gravity,asphalt content,extracted
aggregate gradation,gyratory density,coarse aggregate angularity,and fine aggregate
angularity.
MnDOT Independent Assurance(IA)
On Federal funded projects, MnDOT requires one of their IA personnel observe the QC/QA
representative performing soil, concrete and bituminous tests.We will schedule the IA visits as required
for Braun Intertec Personnel.
BRAUN
INTERTEC
City of St.Joseph
Proposal QTB085032
August 30,2018
Page 5
Reporting and Project Management
Test results will be issued weekly for the project as the various tasks are performed. If,at any time,there
are failing tests which do not appear to be in accordance with the plans and specifications or MnDOT's
Schedule of Materials Control, we will notify the engineer's representative and any others that we are
directed to notify.
Before the final project closeout,we will issue a final report.The report will include the following:
• Braun I ntertec technician roster for technicians that conducted testing on the project.
• Completed MnDOT Materials Certification Exceptions Summary for items tested by
Braun Intertec.
• Completed Preliminary and Final Grading and Base Report.
• Completed IA Summary Report.
• Moisture, Density, Proctor and Gradation tests.
• Concrete mix designs.
• Weekly concrete reports.
• Concrete compressive strength results.
• Completed test reports for samples sent to the MnDOT Materials Lab.
• Bituminous mix designs.
• Bituminous verification test results.
• Bituminous contractor's summary sheets.
• Copies of concrete and bituminous plant certifications.
Basis of Scope of Work
The costs associated with the proposed scope of services were estimated using the following
assumptions. If the construction schedule is modified or the contractor completes the various phases of
the project at different frequencies or durations than shown in this proposa I, we may need to adjust the
overall cost accordingly.The scope of work and number of trips required to perform these services are as
shown in the attachedtable.Notable assumptions in developing our estimate include:
BRAUN
INTERTEC
City of St.Joseph
Proposal QTB085032
August 30,2018
Page 6
• Compaction testing will be performed using the nuclear gauge method on subgrade,
embankment and utility backfill materials;a minimum of 2-3 tests will be conducted each
trip with 12 trips assumed.
• We assume 8 sets of concrete tests and 2 concrete plant inspections will be required to
complete the project.
• Bituminous paving will be completed in 2 days for this project.
• We assume the project engineer of record will review and approve the contractor's quality
control submittals and test results.
• You, or others you may designate,will provide us with current and approved plans and
specifications for the project.Modification to these plans must also be sent to us so we can
review their incorporation into the work.
• We will require a minimum of 24 hours' notice for scheduling inspections for a specific time.
Shorter than 24 hours' notice may impact our ability to perform the requested services, and
the associated impacts will be the responsibility of others.
If the work is completed at different ratesthan described above,this proposal should be revised.
Cost and Invoicing
We will furnish the services described herein for an estimated fee of$15,169.00.Our estimated costs
are based on industry averages for construction production.Depending on the contractor's
performance,our costs may be significantly reduced or slightly higher than estimated.A tabulation
showing our estimated hourly and/or unit ratesassociated with our proposed scope of services is also
attached.
Additional Services and Overtime
It is difficult to estimate all of the services, and the quantity of each service,that will be required for any
project.Our services are also directly controlled by the schedule and performance of others.For these
reasons, our actual hourly or unit quantities and associated fees may vary from those reported herein.
If the number of hours or units ultimately required exceed those assumed for purposes of this proposal,
they will be invoiced at the hourly or unit rates shown in the attached tabulation. If services are
ultimately required that have not been identified or described herein,they will be invoiced in accordance
with our current Schedule of Charges.Prior to exceeding our estimated fees,we will update you
regarding the progress of our work.
BRAUN
INTERTEC
City of St.Joseph
Proposal QTB085032
August 30,2018
Page 7
This cost estimate was developed with the understanding that the scope of services defined herein will
be required and requested during our normal work hours of 7:00 a.m.to4:00 p.m.,Monday through
Friday. Services that we are asked to provide to meet the project requirements or the contractor's
construction schedule outside our normal work hours will be invoiced using an overtime rate factor.The
factor for services provided outside our normal work hours or on Saturday will be 1.25times the normal
hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be
1.5 times the normal hourly rate for the service provided. We have not included premiums for overtime;
however, we recommend that allowances and contingencies be made for overtime charges based on
conversations with the contractor.You will be billed only for services provided on a time and material
basis.
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. After reviewing this proposal, please sign
and return one copy to our office as notification of acceptance and authorization to proceed.If
anything in this proposal is not consistent with your requirements,please let us know immediately.
Braun Intertec will not release any written reports until we have received a signed agreement.Also,
ordering services from Braun I ntertec constitutes acceptance of the terms of this proposal including the
attached General Conditions.
The proposed fee is based on the scope of services described and the assumption that our services will
be authorized within 30 days and that others will not delay us beyond our proposed schedule.
BRAUN
INTERTEC
City of St.Joseph
Proposal QTB085032
August 30,2018
Page 8
We include the Braun I ntertec General Conditions, which provide additional terms and are a part of our
agreement.
To have questions answered or schedule a time to meet and discuss our approach to this project further,
please contact Tom Henkemeyer at 320.980.3177 or thenkemeyer@ bra unintertec.com.
Sincerely,
BRAUN INTER CORPORATION
V
Thomas L. Henke ever
Associate Principal/Senior Project Manager
Shaun W.Sevigny, PE '�
Principal/North Central Region Director
Attachments:
Cost Estimate Table
General Conditions —CMT(1/1/18)
The proposal is accepted.We will reimburse you in accordance with this agreement,and you are
authorized to proceed:
0 , 4 of ,S-1 . ,7; 5.etoi►
Authori er's Firm
4W aiierc4e,(45
.it
rizer' ignature
Ti—ldy We yi7e4s
Authorizer's Name(please print or type)
'C1,0 nrs -le aCO1/
Authorizer's Title
(0L. /0, 20(
Date
BRAUN
INTERTEC
BRAUN Project Proposal
I N T E RT E C QTB085032
The Science You Build On. City of St.Joseph-2018 CSAH 2 Trail Imps-CMT
Client: Work Site Address: Service Description:
City of St.Joseph CSAH 2 Construction Materials Testing
Judy Weyrens St.Joseph,MN SP 233-090-001
75 Callaway St E
St Joseph,MN 56374
(320)363-7201
Description Quantity,Units Unit Price, Extension
Activity 1.1 Soil Testing $5,644.00
207 Compaction Testing-Nuclear 30.00 Hour 81.00', $2,430.00
Work Activity Detail Qty Units Hrs/Unit Extension
Granular Borrow 4.00 Trips 2.50 10.00
Aggregate Base 2.00 Trips 2.50 5.00
Embankment 6.00 Trips 2.50 15.00
1530 Asphalt Content(ASTM D 2172/6307),per sample 1.00 Each 159.00 $159.00
. ............ .
209 Sample pick-up 4.00 Hour 81.00 $324.00'
1318 Standard Proctor Test(ASTM D 698) 6.00 Each 191.00; $1,146.00'
1162 Sieve analysis&200 wash(ASTM C 136&C 117)per sample 4.00 Each 136.00 $544.00
1688 Percent crushed(ASTM D5821),per sample 1.00 Each 85.00 $85.00
1308 Nuclear moisture-density meter charge,per hour 30.00 Each 23.00 $690.00
1861 CMT Trip Charge 14.00Each 19.00 $266.00'
Activity 1.2 Concrete Testing $4,568.00
261 Concrete Testing 20.00 Hour 81.00 $1,620.00
Work Activity Detail Qty Units Hrs/Unit Extension
Sidewalks 3.00 Trips 2.50 7.50
Curb&Gutter 1.00 Trips 2.50 2.50
Sign Bases&Misc.Items 4.00 Trips 2.50 10.00
1364 Compressive strength of concrete cylinders(ASTM C 39),per 24.00'Each 31.00 $744,00
specimen
Work Activity Detail Qty Units Hrs/Unit Extension
Sidewalks 3.00 Set 3.00 9.00
Curb&Gutter 1.00 Set 3.00 3.00
Exterior Concrete&Driveway Aprons 4.00 Set 3.00 12.00'.
1162 ,Sieve analysis&200 wash(ASTM C 136&C 117)per sample 4.00 Each 136.00 $544.00
215 Concrete Ready Mix Plant Monitoring 8.00 Hour 104.00. $832.00
Work Activity Detail Qty Units Hrs/Unit Extension
Sidewalks 2.00 Trips 4.00 8.00
278 Concrete Cylinder Pickup 6.00'Hour 81.00 $486.00
Work Activity Detail Qty Units Hrs/Unit Extension
Cylinder Pickup 8.00 Trips 0.75 6.00'
1861 CMT Trip Charge 18.00'Each 19.00 $342.00
Activity 1.3 Pavement Testing $2,692.00
1530 Asphalt Content(ASTM D 2172/6307),per sample 2.00 Each 159.00 $318.00
1532 ,Extracted aggregate gradation(ASTM D 5444),per sample 2.00 Each 109.00 $218.00
222 Bituminous Verification Testing 12.00 Hour 106.00 $1,272.00
Work Activity Detail Qty Units Hrs/Unit Extension
Bituminous Plant Monitoring 2.00 Trips 6.00 12.00
1528 Rice specific gravity(ASTM D 2041),per sample 2.00 Each 85.00, $170.00
08/29/2018 08:12 PM Page 1 of 2
BRAUN Project Proposal
I NTE RTEC QTB085032
The Science You Build On. City of St.Joseph-2018 CSAH 2 Trail Imps-CMT
1705 Fine Aggregate Angularity(ASTM C1252),per sample 2.00Each 81.00' $162.00
1568 Gyratory gravity(AASHTO T312),per sample 2.00 Each 191.00 $382.00
1688 Percent crushed(ASTM D5821),per sample 2.00;Each 85.00 $170.00
Activity 1.4 Project Management $2,265.00
226 Project Manager 6.00'Hour 165.00 $990.00
1230 MnDOT Final Report 1.00 Each 800.00; $800.00
228 Senior Project Manager 1.00 Hour 175.00 $175.00
238 Project Assistant 4.00 Hour 75.001 $300.00
r #>a . llj * #940
Proposal Total: $15,169.00
08/29/2018 08:12 PM Page 2 of 2
BRAUN
General Conditions INTERTEC
Construction Material Testing and Special Inspections
Section 1:Agreement further that site conditions may vary over distance costs and agree to pay for those services at the
1.1 Our agreement with you consists of these or change over time. rates listed in our cost estimate.
General Conditions and the accompanying written
proposal or authorization("Agreement").This 2.4 Our duties do not include supervising or 3.6 You agree to include us as an indemnified
Agreement is the entire agreement between you directing your representatives or contractors or party in your contracts,if any,for work by others
and us.It supersedes prior agreements.It may be commenting on,overseeing,or providing the on the project,protecting us to the same degree
modified only in a writing signed by us,making means and methods of their services unless as you are protected.You agree to list us as an
specific reference to the provision modified. expressly set forth in this Agreement.We will not Additional Insured under your liability insurance
be responsible for the failure of your contractors, policies and to require subrogation be waived
1.2 The words"you,""we,""us,"and"our" and the providing of Services will not relieve against us and that we will be added as an
include officers,employees,and subcontractors. others of their responsibilities to you or to others. Additional Insured on all policies of insurance,
including any policies required of your contractors
1.3 In the event you use a purchase order or 2.5 We will provide a health and safety program or subcontractors,covering any construction or
other documentation to authorize our scope of for our employees,but we will not be responsible development activities to be performed on the
work("Services"),any conflicting or additional for contractor,owner,project,or site health or project site.
terms are not part of this Agreement.Directing us safety.
to start work prior to execution of this Agreement Section 4:Reports and Records
constitutes your acceptance.If,however,mutually 2.6 You will provide,at no cost to us, 4.1 Unless you request otherwise,we will
acceptable terms cannot be established,we have appropriate site safety measures as to work areas provide our report(s)in an electronic format.
the right to terminate this Agreement without to be observed or inspected by us.Our employees
liability to you or others,and you will compensate are authorized by you to refuse to work under 4.2 Our reports,notes,calculations,and other
us for fees earned and expenses incurred up to the conditions that may be unsafe. documents and our computer software and data
time of termination. are instruments of our service to you,and they
2.7 Unless a fixed fee is indicated,our price is an remain our property.We hereby grant you a
Section 2:Our Responsibilities estimate of our project costs and expenses based license to use the reports and related information
2.1 We will provide Services specifically on information available to us and our experience we provide only for the related project and for the
described in this Agreement.You agree that we and knowledge.Such estimates are an exercise of purposes disclosed to us.You may not transfer our
are not responsible for services that are not our professional judgment and are not guaranteed reports to others or use them for a purpose for
expressly included in this Agreement.Unless or warranted.Actual costs may vary.You should which they were not prepared without our written
otherwise agreed in writing,our findings,opinions, allow a contingency in addition to estimated costs. approval.You agree to indemnify,defend,and
and recommendations will be provided to you in hold us harmless from claims,damages,losses,
writing.You agree not to rely on oral findings, Section 3:Your Responsibilities and expenses,including attorney fees,arising out
opinions,or recommendations without our of such a transferor use.
3.1 You will provide us with prior environmental,
written approval.
geotechnical and other reports,specifications,
plans,and information to which you have access 4.3 If you do not pay for Services in full as
2.2 In performing our professional services,we about the site.You agree to provide us with all agreed,we may retain work not yet delivered to
will use that degree of care and skill ordinarily plans,changes in plans,and new information as to you and you agree to return to us all of our work
exercised under similar circumstances by site conditions until we have completed Services. that is in your possession or under your control.
reputable members of our profession practicing in
the same locality.If you direct us to deviate from 4.4 Electronic data,reports,photographs,
our recommended procedures,you agree to hold 3.2 You will provide access to the site.In the
g performance of Services some site damage is samples,and other materials provided by you or
us harmless from claims,damages,and expenses normal even when due care is exercised.We will others may be discarded or returned to you,at our
arising out of your direction.If during the one year use reasonable care to minimize damage to the discretion,unless within 15 days of the report date
period following completion of Services it is site.We have not included the cost of restoration you give us written direction to store or transfer
determined that the above standards have not the materials at your expense.
been met and you have promptly notified us in of damage in the estimated charges.
writing of such failure,we will perform,at our Section 5:Compensation
cost,such corrective services as may be necessary, 3.3 If we notify you that radiographic or gamma p
ray equipment or other nuclear testing or 5.1 You will pay for Services as stated in this
within the original scope inthis Agreement,to Agreement.If such payment references our
remedy such deficiency.Remedies set forth in this measuring device will be used,you will be
responsible for the cooperation of your employees Schedule of Charges,the invoicing will be based
witsech respecte o constitute your ormsole and exclusive recourse upon the most current schedule.An estimated
with to the performance or quality of and your contractors in observing all radiation p
Services. safety standards. amount is not a firm figure.You agree to pay all
sales taxes and other taxes based on your
3.4 You will notify us of any knowledge or payment of our compensation.Our performance is
2.3 We will reference our field observations and subject to credit approval and payment of any
sampling to available referencepoints,but we will suspicion of the presence of hazardous or
P g specified retainer.
not survey,set,or check the accuracy of those dangerous materials present on any work site.If
points unless we accept that duty in writing. we observe or suspect the presence of
Locations of field observations or sampling contaminants not anticipated in this Agreement, 5.2 You will notify us of billing disputes within 15
described in our report or shown on our sketches we may terminate Services without liability to you days.You will pay undisputed portions of invoices
are based on information provided by others or or to others,and you will compensate us for fees upon receipt.You agree to pay interest on unpaid
estimates made by our personnel.You agree that earned and expenses incurred up to the time of balances beginning 30 days after invoice dates at
such dimensions,depths,or elevations are termination. the rate of 1.5%per month,or at the maximum
approximations unless specifically stated rate allowed by law.
otherwise in the report.You accept the inherent 3.5 The time our field personnel spend on the
risk that samples or observations may not be job site depends upon the scheduling of the work 5.3 If you direct us to invoice a third party,we
representative of things not sampled or seen and we are observing or testing.You agree that any may do so,but you agree to be responsible for our
changes in scheduling may result in additional compensation unless the third party is
GC-CMT Page 1 of 2
creditworthy(in our sole opinion)and provides business opportunity,loss of profit or revenue, 6.7 No officer or employee acting within the
written acceptance of all terms of this Agreement. loss of product or output,or business scope of employment shall have individual liability
interruption. for his or her acts or omissions,and you agree not
5.4 Your obligation to pay for Services under this to make a claim against individual officers or
Agreement is not contingent on your ability to 6.3 You and we agree that any action in relation employees.
obtain financing,governmental or regulatory to an alleged breach of our standard of care or this
agency approval,permits,final adjudication of any Agreement shall be commenced within one year Section 7:General Indemnification
lawsuit,your successful completion of any project, of the date of the breach or of the date of 7.1 We will indemnify and hold you harmless
receipt of payment from a third party,or any substantial completion of Services,whichever is from and against demands,damages,and
other event.No retainage will be withheld. earlier,without regard to the date the breach is expenses of others to the comparative extent they
discovered.Any action not brought within that are caused by our negligent acts or omissions or
5.5 If you do not pay us in accordance with this one year time period shall be barred,without those negligent acts or omissions of persons for
Agreement,you agree to reimburse all costs and regard to any other limitations period set forth by whom we are legally responsible.You will
expenses for collection of the moneys invoiced, law or statute.We will not be liable unless you indemnify and hold us harmless from and against
including but not limited to attorney fees and staff have notified us within 30 days of the date of such demands,damages,and expenses of others to the
time. breach and unless you have given us an comparative extent they are caused by your
opportunity to investigate and to recommend negligent acts or omissions or those negligent acts
5.6 You agree to compensate us in accordance ways of mitigating damages.You agree not to or omissions of persons for whom you are legally
with our Schedule of Charges if we are asked or make a claim against us unless you have provided responsible.
required to respond to legal process arising out of us at least 30 days prior to the institution of any
a proceeding related to the project and as to legal proceeding against us with a written 7.2 To the extent it may be necessary to
which we are not a party. certificate executed by an appropriately licensed indemnify either of us under Section 7.1,you and
professional specifying and certifying each and we expressly waive,in favor of the other only,any
every act or omission that you contend constitutes immunity or exemption from liability that exists
5.7 If we are delayed by factors beyond our a violation of the standard of careovernin g g our under any worker compensation law.
control,or if project conditions or the scope or
professional services.Should you fail to meet the
amount of work changes,or if changed labor conditions above,you agree to fully release us
conditions result in increased costs,decreasedSection 8:Miscellaneous Provisions
from any liability for such allegation.
efficiency,or delays,or if the standards or 8.1 We will provide a certificate of insurance to
methods change,we will give you timely notice, you upon request.Any claim as an Additional
the schedule will be extended for each day of 6.4 For you to obtain the benefit of a fee which Insured shall be limited to losses caused by our
delay,and we will be compensated for costs and includes a reasonable allowance for risks,you negligence.
expenses incurred in accordance with our agree that our aggregate liability for all claims
Schedule of Charges. will not exceed the fee paid for Services or 8.2 You and we,for ourselves and our insurers,
$50,000,whichever is greater.If you are waive all claims and rights of subrogation for
unwilling to accept this allocation of risk,we will losses arising out of causes of loss covered by our
5.8 If you fail to pay us in accordance with this increase our aggregate liability to$100,000
Agreement,we may consider the default a totalprovided that,within 10 days of the date of this respective insurance policies.
breach of this Agreement and,at our option, Agreement,you provide payment in an amount
terminate our duties without liability to you or to8.3 Neither of us will assign or transfer any
that will increase our fees by 10%,but not less
others,and you will compensate us for feesinterest,any claim,any cause of action,or any
than$500,to compensate us for the greater risk
earned and expenses incurred up to the time ofright against the other.Neither of us will assign or
undertaken.This increased fee is not the purchase
termination. of insurance. otherwise transfer or encumber any proceeds or
expected proceeds or compensation from the
5.9 In consideration of our providing insuranceproject or project claims to any third person,
6.5 You agree to indemnify us from all liability whether directly or as collateral or otherwise.
to cover claims made by you,you hereby waive to others in excess of the risk allocation stated
any right to offset fees otherwise due us. herein and to insure this obligation.In addition,
all indemnities and limitations of liability set 8.4 This Agreement may be terminated early
Section 6:Disputes,Damage,and Risk Allocation forth in this Agreement apply however the same only in writing.You will compensate us for fees
6.1 Each of us will exercise good faith efforts to may arise,whether in contract,tort,statute, earned for performance completed and expenses
resolve disputes without litigation.Such efforts equity or other theory of law,including,but not incurred up to the time of termination.
will include,but not be limited to,a meeting(s) limited to,the breach of any legal duty or the
attended by each party's representative(s) fault,negligence,or strict liability of either party. 8.5 If any provision of this Agreement is held
empowered to resolve the dispute.Before either invalid or unenforceable,then such provision will
of us commences an action against the other, be modified to reflect the parties'intention.All
6.6 This Agreement shall be governed,
disputes(except collections)will be submitted toconstrued,and enforced in accordance with the remaining provisions of this Agreement shall
mediation. laws of the state in which our servicing office is remain in full force and effect.
located,without regard to its conflict of laws rules.
6.2 Notwithstanding anything to the contrary in The laws of the state of our servicing office will 8.6 No waiver of any right or privilege of either
this Agreement,neither party hereto shall be govern all disputes,and all claims shall be heard in party will occur upon such party's failure to insist
responsible or held liable to the other for the state or federal courts for that state.Each of on performance of any term,condition,or
punitive,indirect,incidental,or consequential us waives trial by jury. instruction,or failure to exercise any right or
damages,or liability for loss of use,loss of privilege or its waiver of any breach.
GC-CMT Revised 1/1/2018 Page 2 of 2