Item 3.13 South Central WTP Proposal and Authorize Special Inspection and Testing Services
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Utilities Utility Manager Neidermeier September 28, 2026
PRESENTER(s) REVIEWED BY: ITEM #:
Consent
AE2S Engineer Julson/Hanson
City Administrator/Finance Director Flaherty
3.13 – SC WTP Special Inspections
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative communication.
X Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and expectations in a
cost-effective manner.
Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City Staff are recommending that the Council accept a proposal.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes No
BACKGROUND/JUSTIFICATION:
Braun Intertec Corporation has previously provided special inspection services for the West Wastewater Treatment
Facility and Wellhouse No. 4 Treatment Improvements and is currently providing special inspection services for the
Wellhouse No. 3 Water Treatment Project. Braun also completed the geotechnical investigation and evaluation report
for the South Central Water Treatment project. Given their familiarity with the site and prior involvement on similar City
projects, a proposal for special inspection services was solicited solely from Braun Intertec to maintain continuity and
consistency throughout construction. AE2S reviewed the proposed scope of services and determined it to be
appropriate for the project needs.
The proposed fee of $198,207 exceeded the Engineer's estimate of $75,000 presented to the City Council. AE2S
reviewed the detailed scope and determined the proposed services to be appropriate given the size and complexity of
the project, as well as the State Building Code requirements for independent special inspections. Braun’s proposed fee
will be utilized over the course of the construction project with the fee spread over approximately 2 years of
construction.
The following table updates the total project costs associated with the project. The 2026 CIP amount was established at
$35.8 million. With a total estimated project cost of $37,355,682 and $1,332,273 already expended through the end of
2025, the updated estimated project costs for 2026 and beyond are $36,023,409.
The City Attorney has reviewed the Agreement. City staff is agreeable to the terms of the proposal and recommends
consideration of approval by the City Council.
Soft Costs (Planning/Design Costs) $ 5,493,475 (est.)
AE2S - Engineering Design/Bidding & Construction Services Costs $ 3,930,700
AE2S - Programming and I&C $ 638,300
Hakanson Anderson - (Site Survey, CMAR Selection, Wetland Delineation, etc.) $ 16,650
Hakanson Anderson - (construction staking, as-builts, etc.) $ 15,000 (est.)
Braun Intertec - Geotech Investigation $ 37,618
Braun Intertec - Special Inspections $ 198,207
Security and IT Equipment $ 60,000 (est.)
Site Seeding and Landscaping $ 50,000 (est.)
City Procured I&C Items $ 312,000 (est.)
Furnishings $ 125,000 (est.)
Utilities $ 50,000 (est.)
Building Permit $ 40,000 (est.)
Other – (misc/legal/admin) $ 20,000 (est.)
CMAR Total $ 31,862,207
CMAR Design Services $ 47,640
Guaranteed Maximum Price (GMP) $ 31,814,567
Total Estimated Project Costs $ 37,355,682 (est.)
SUPPORTING DOCUMENTS ATTACHED:
• Proposal – Braun Intertec Corporation
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to accept the proposal and authorize execution of the agreement with Braun Intertec Corporation for Special
Inspection and Testing Services in the amount of $198,207.00.
BUDGET INFORMATION
FUNDING: BUDGETED:
Fund 601 – Drinking Water Utility
Yes
September 4, 2026 Proposal 10017191_001
Adam Flaherty
City of Otsego
13400 90th Street Northeast
Otsego, MN 55330
Re: Proposal for Special Inspection and Testing Services
Otsego South Central Water Treatment
McAllister Avenue Northeast
Otsego, Minnesota
Dear Mr. Flaherty:
Braun Intertec Corporation submits this proposal to provide special inspections and testing services for
Otsego South Central Water Treatment project in Otsego, Minnesota.
Our Understanding of the Project
We understand this project will include the construction of a new water treatment plant facility including
below grade structures for raw water infiuent, backwash basins, and a separate clear well, structural slabs,
precast walls and roof, cast-in-place concrete mat and spread footing foundations, and some masonry
walls. The project will also include exterior sitework consisting of below grade utilities, sidewalk, curb and
gutter, and new asphalt pavements.
Available Information
This proposal was prepared using the following documents and information.
▪ Project plans and speciflcations prepared by AE2S, dated May 29, 2026.
▪ Project Addenda #1 to #3 prepared by AE2S, dated June 12, 2026, June 23, 2026, and June 24, 2026.
▪ Geotechnical Evaluation Report prepared by Braun Intertec, dated May 14, 2026.
▪ Email request from Ben Julson at AE2S.
City of Otsego
Otsego South Central Water Treatment
Proposal 10017191_001
September 4, 2026
Braun Intertec Page 2
Scope of Services
Services are performed under the direction of a licensed professional engineer, on a periodic basis,
depending on the construction schedule and when they are requested by the general contractor. After
reviewing available information, we understand our scope of services for the project will be limited to the
tasks deflned below.
This project requires 3rd party flrestop special inspection of through-penetration flrestopping and
flre-resistive joint systems under the State Building Code and adopted 2020 Minnesota State Building Code,
Section 1705.17 and Table 1604.5. Under 2020 Minnesota State Building Code, Chapter 16, Table 1604.5 –
this project falls into a High-Rise Hazard, Risk Category III Hazard, or Risk Category IV Hazard, or the project
speciflcations require the inspection service. Chapter 1705.17 requires inspection of installed flrestop
systems by a qualifled independent testing agency.
Soil Related Services
▪ Observe and evaluate the soils exposed in excavations to determine if the soils are similar to those
encountered with the geotechnical evaluation and suitable for support of flll, foundations or
pavements. Our engineer can provide consultation for conditions that appear to differ from the
geotechnical evaluation.
▪ Perform laboratory mechanical analyses (gradations) of prospective flll materials.
▪ Perform laboratory Proctor tests to determine the maximum Proctor dry densities and optimum
moisture contents of prospective flll materials.
▪ Observe the placement and compaction of flll.
▪ Test compacted flll placed below building footprints and oversizing areas, below slabs and/or pavements,
adjacent to walls, and in utility trenches, to determine if the relative compaction was achieved.
Concrete Related Services
▪ Observe concrete reinforcement placement.
▪ Observe the general placement of bolts and other embeds in the plastic concrete.
▪ Sample and test the plastic concrete for slump, air content, temperature and prepare test cylinders
for laboratory compressive strength testing with ACI level 1 fleld technicians. We will perform
concrete testing on structural items as required by the IBC. Though not required by the IBC we have
included testing for the interior slab on grade, exterior sidewalks, curb and gutter, and pavement.
▪ Observe the concrete placement and test sample preparation.
▪ Perform laboratory compressive strength testing of the concrete samples.
▪ Observe the installation of post-installed anchors on a periodic basis.
City of Otsego
Otsego South Central Water Treatment
Proposal 10017191_001
September 4, 2026
Braun Intertec Page 3
Structural Masonry Related Services
▪ Observe the structural masonry construction and grouting operation on a periodic basis.
▪ Observe the preparation of grout prism samples.
▪ Perform structural masonry grout testing.
Structural Steel and Precast Concrete Welding Related Services
▪ Observe and test the structural steel welded and bolted connections in the fleld.
▪ Observe and test the metal decking connections for orientation, sidelap fasteners, the hold down
connections and the placement of shear studs.
▪ Observe and test the precast concrete welded or bolted connections.
▪ Observe and document the installation of the base plate anchor bolts.
▪ Observe the installation of post-installed anchors.
Firestop Related Services
▪ Provide review of the approved construction documents. This is at minimum,
o The most current drawing package
o The flrestop speciflcations section – CSI - 078400
o The approved flrestop submittal, including all UL Listed assemblies and any engineering
judgments to be used, and the product information.
▪ Firestop inspection trips include coordination time, travel, construction meetings (as requested),
mandatory pre-installation meetings, preparation of daily written reports for each inspected flrestop
system by each installer. Actual installation phasing and sequencing may modify the number of visits.
Paving Related Services
▪ Observe test rolls of the pavement subgrade soils and/or aggregate base layer to determine if the
materials tested are capable of supporting bituminous pavement.
▪ Perform extraction and extracted aggregate gradation tests on bituminous samples.
Engineering Review and Reporting Services
▪ Provide engineering consulting services, review test results and observations reports, and prepare
required Special Inspection Final Summary Report.
▪ Management, including scheduling of our fleld personnel and communication with the contractor,
owner, building official, and design team.
▪ Transmit results to the project team on weekly basis to the contractor, owner, building official,
fabricators and design team.
City of Otsego
Otsego South Central Water Treatment
Proposal 10017191_001
September 4, 2026
Braun Intertec Page 4
Basis of Scope of Work
The fees associated with the proposed scope of services were estimated using the following assumptions. If
the construction schedule is modifled or the contractor completes the various phases of the project at
different frequencies or durations than shown in this proposal, 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
attached table. Notable assumptions in developing our estimate include:
▪ This project will begin in late summer or early fall of 2026, and will be substantially complete by
about spring of 2028.
▪ Assumptions regarding the number of trips for special inspections and testing are outlined in the
attached cost estimate table. As the contractor’s schedule becomes available and designs are
flnalized, please review this proposed scope of work to determine if the project’s needs and budget
will be met.
▪ Concrete placements for the structure will be observed throughout the duration by our technician as
required by the IBC and project documents. The inspection of the reinforcement associated with
structural concrete will be performed immediately prior to testing of the concrete with no additional
trips or time incurred.
▪ The masonry construction will require inspections to be completed every time grout is placed. Grout
will be placed with high lift grout techniques.
▪ We assume the structural steel fabricator will be AISC certifled and review of quality control manual
or inspections of the fabrication shop are not required. If this assumption is not correct, please call
us and we will provide a cost estimate for the fabrication shop inspections.
▪ No special site speciflc training or gear is required to complete our scope of services.
▪ Parking will be available on site for our vehicles.
▪ You, or others you may designate, will provide us with current and approved plans and speciflcations
for the project. Modiflcation 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 speciflc 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.
City of Otsego
Otsego South Central Water Treatment
Proposal 10017191_001
September 4, 2026
Braun Intertec Page 5
Fees
We will furnish the services described in this proposal on a time and materials basis for an estimated fee of
$198,207. A tabulation showing hourly and unit rates associated with our proposed scope of services is
attached. The actual cost of our services will be based on the actual units or hours expended to meet the
requirements of the project documents.
This estimate was developed with the understanding that the scope of services deflned herein will be
required and requested during our normal work hours of 6:00 a.m. to 5:00 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 business hours will be invoiced using an overtime rate factor. The factor for
services provided outside our normal work hours or on Saturday will be 1.25 times the listed hourly rate for
the service provided. The factor for services provided on Sunday or legal holidays will be 1.5 times the listed
hourly rate for the service provided. We have not included premiums for overtime in our fee estimate;
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 materials basis.
Because our services are directly controlled by the schedule and performance of others, the actual cost may
vary from our estimate. It is difficult to project all of the services and the quantity of services that may be
required for any project. If services are required that are not discussed above, we will provide them at the
rates shown in the attached table or, if not shown, at our current Schedule of Charges. We will invoice you on
a monthly basis.
City of Otsego
Otsego South Central Water Treatment
Proposal 10017191_001
September 4, 2026
Braun Intertec Page 6
General Remarks
We based the proposed fee on the scope of services described and the assumption that you will authorize
our services within 30 days and that others will not delay us beyond our proposed schedule. If anything in this
proposal is not consistent with your requirements, please let us know immediately.
We include the Braun Intertec General Conditions, which provide additional terms and are a part of our
agreement. To accept this proposal and authorize us to proceed, please sign and return it to us in its entirety.
We appreciate the opportunity to present this proposal to you. We will be happy to meet with you to discuss
our proposed scope of services further and clarify the various scope components. Braun Intertec will not
release any written reports until we have received a signed agreement. Ordering services from Braun Intertec
constitutes acceptance of the terms of this proposal.
To have questions answered or schedule a time to meet and discuss our approach to this project further,
please contact Jeff Casmer at 952.995.2314 (jcasmer@braunintertec.com) or Brad McCarter at
952.995.2268 (bmccarter@braunintertec.com).
Sincerely,
Braun Intertec Corporation
Jeffrey D. Casmer, PE
Senior Engineer
Bradley J. McCarter, PE
Director, Senior Engineer
Attachments:
Fee Estimate Table
General Conditions for 10017191_001
c: Ryan Hanson, AE2S
The proposal is accepted, and Braun Intertec is
authorized to proceed.
_____________________________________________
Authorizer’s Firm
_____________________________________________
Authorizer’s Signature
_____________________________________________
Authorizer’s Name (please print or type)
_____________________________________________
Authorizer’s Title
_____________________________________________
Date
1
Fee Estimate
10017191_001
Otsego South Central Water Treatment CMT
Client: Work Site Address:
City of Otsego
Kurt Neidermeier
13400 90TH St NE
Otsego, MN 55330-7259
McAllister Avenue Northeast
Otesgo, Minnesota 55330
Qty/Hours Rate Amount
Task 1: Construction Materials Testing
Subtask 1.1: Soils $33,022.00
Soil Observations 27.00 120.00 $3,240.00
Mat Foundations 5 Trips @ 3 Hr 15.00
Wall Foundations 6 Trips @ 1.5 Hr 9.00
Cold Storage Pad 1 Trip @ 3 Hr 3.00
Soil Compaction Testing - Nuclear 161.00 102.00 $16,422.00
Foundations/Wall Backfill 18 Trips @ 3 Hr 54.00
Cold Storage Pad 10 Trips @ 3 Hr 30.00
Utility Backfill 25 Trips @ 3 Hr 75.00
Generator Pad 1 Trip @ 2 Hr 2.00
Soil Sample pick-up 4.00 102.00 $408.00
Project Engineer 20.00 192.00 $3,840.00
Trip Charge 66.00 60.00 $3,960.00
Nuclear moisture-density meter charge, per hour 161.00 32.00 $5,152.00
Subtask 1.2: Concrete $101,790.00
Concrete Observations 334.50 120.00 $40,140.00
Foundations - Garage 5 Trips @ 1 Hr 5.00
Foundations - Admin 3 Trips @ 1 Hr 3.00
Foundations - WTP 5 Trips @ 1 Hr 5.00
Foundation Wall - Garage 7 Trips @ 1 Hr 7.00
Foundation Wall - Admin 3 Trips @ 1 Hr 3.00
Foundation Wall - WTP 7 Trips @ 1 Hr 7.00
Piers - Admin 1 Trip @ 1 Hr 1.00
Mat Foundation - WTP 12 Trips @ 3 Hr 36.00
Mat Foundation - CW 6 Trips @ 3 Hr 18.00
Walls - WTP 45 Trips @ 3 Hr 135.00
Walls - CW 18 Trips @ 3 Hr 54.00
Structural Slab - WTP 15 Trips @ 2.5 Hr 37.50
Structural Slab - CW 6 Trips @ 2.5 Hr 15.00
Curbs - WTP/CW 2 Trips @ 1 Hr 2.00
Hanging Stoop Foundation 2 Trips @ 1 Hr 2.00
Hanging Stoop Wall 2 Trips @ 1 Hr 2.00
Equipment Pads (interior/exterior) 2 Trips @ 1 Hr 2.00
Concrete Testing 305.00 102.00 $31,110.00
Foundations - Garage 5 Trips @ 2.5 Hr 12.50
Foundations - Admin 3 Trips @ 2.5 Hr 7.50
Foundations - WTP 5 Trips @ 2.5 Hr 12.50
Foundation Wall - Garage 7 Trips @ 2.5 Hr 17.50
Foundation Wall - Admin 3 Trips @ 2.5 Hr 7.50
Foundation Wall - WTP 7 Trips @ 2.5 Hr 17.50
Piers - Admin 1 Trip @ 2.5 Hr 2.50
Mat Foundation - WTP 4 Trips @ 3 Hr 12.00
2
Qty/Hours Rate Amount
Mat Foundation - CW 2 Trips @ 6 Hr 12.00
Walls - WTP 30 Trips @ 2.5 Hr 75.00
Walls - CW 12 Trips @ 2.5 Hr 30.00
Structural Slab - WTP 8 Trips @ 2.5 Hr 20.00
Structural Slab - CW 2 Trips @ 4 Hr 8.00
Curbs - WTP/CW 2 Trips @ 2.5 Hr 5.00
Hanging Stoop Foundation 2 Trips @ 2.5 Hr 5.00
Hanging Stoop Wall 2 Trips @ 2.5 Hr 5.00
Stoop Slab 4 Trips @ 2.5 Hr 10.00
Slab-on-Grade - Garage 2 Trips @ 3 Hr 6.00
Slab-on-Grade - Admin 1 Trip @ 3 Hr 3.00
Slab-on-Grade - WTP 3 Trips @ 3 Hr 9.00
Trench Drain 1 Trip @ 2.5 Hr 2.50
Sidewalk/Curb and Gutter 8 Trips @ 2.5 Hr 20.00
Equipment Pads (interior/exterior) 2 Trips @ 2.5 Hr 5.00
Concrete Cylinder Pick Up 80.00 102.00 $8,160.00
Additional Trips 40 Trips @ 2 Hr 80.00
Project Engineer 35.00 192.00 $6,720.00
Trip Charge 261.00 60.00 $15,660.00
Subtask 1.3: Masonry $2,676.00
Masonry Observations 15.00 120.00 $1,800.00
CMU Walls 5 Trips @ 3 Hr 15.00
Project Engineer 3.00 192.00 $576.00
Trip Charge 5.00 60.00 $300.00
Subtask 1.4: Structural Steel $6,288.00
Special Inspector Steel 36.00 128.00 $4,608.00
Precast Walls 5 Trips @ 3 Hr 15.00
Precast Plan/Floors 3 Trips @ 3 Hr 9.00
Welding/Bolting/Framing 4 Trips @ 3 Hr 12.00
Project Engineer 5.00 192.00 $960.00
Trip Charge 12.00 60.00 $720.00
Subtask 1.5: Pavement $4,012.00
Proofroll Observations 12.00 128.00 $1,536.00
Subgrade 2 Trip @ 4 Hr 8.00
Aggregate Base 1 Trip @ 4 Hr 4.00
Field Service Technician II - Pavement Sample pick-up 8.00 137.00 $1,096.00
Non-wear Bituminous Sample 2 Trips @ 2 Hr 4.00
Wear Bituminous Sample 2 Trips @ 2 Hr 4.00
Project Engineer 5.00 192.00 $960.00
Trip Charge 7.00 60.00 $420.00
Subtask 1.6: Laboratory Testing $31,904.00
Soil Proctor MD Relationship (Standard) ASTM D698 each 5.00 216.00 $1,080.00
Concrete Compressive Strength Cylinders ASTM C39 each 670.00 42.00 $28,140.00
Foundations - Garage 5 Sets @ 5 Qty 25.00
Foundations - Admin 3 Sets @ 5 Qty 15.00
Foundations - WTP 5 Sets @ 5 Qty 25.00
Foundation Wall - Garage 7 Sets @ 5 Qty 35.00
Foundation Wall - Admin 3 Sets @ 5 Qty 15.00
Foundation Wall - WTP 7 Sets @ 5 Qty 35.00
Piers - Admin 1 Set @ 5 Qty 5.00
Mat Foundation - WTP 10 Sets @ 5 Qty 50.00
Mat Foundation - CW 12 Sets @ 5 Qty 60.00
Walls - WTP 30 Sets @ 5 Qty 150.00
Walls - CW 12 Sets @ 5 Qty 60.00
Structural Slab - WTP 8 Sets @ 5 Qty 40.00
Structural Slab - CW 2 Sets @ 5 Qty 10.00
Curbs - WTP/CW 2 Sets @ 5 Qty 10.00
3
Qty/Hours Rate Amount
Hanging Stoop Foundation 2 Sets @ 5 Qty 10.00
Hanging Stoop Wall 2 Sets @ 5 Qty 10.00
Stoop Slab 4 Sets @ 5 Qty 20.00
Slab-on-Grade - Garage 3 Sets @ 5 Qty 15.00
Slab-on-Grade - Admin 2 Sets @ 5 Qty 10.00
Slab-on-Grade - WTP 3 Sets @ 5 Qty 15.00
Trench Drain 1 Set @ 5 Qty 5.00
Sidewalk/Curb and Gutter 8 Sets @ 5 Qty 40.00
Equipment Pads (interior/exterior) 2 Sets @ 5 Qty 10.00
Masonry Grout Compressive strength ASTM C 1019 each 3.00 84.00 $252.00
Masonry Hollow Prism Compressive strength ASTM C 1314 each 3.00 208.00 $624.00
Masonry Net area determination ASTM C140 each 3.00 72.00 $216.00
Aggregates Sieve Analysis ASTM C136 each 2.00 196.00 $392.00
Asphalt Extracted Aggregate Gradation ASTM D5444 each 4.00 124.00 $496.00
Asphalt Content ASTM D6307 each 4.00 176.00 $704.00
Subtask 1.7: Engineering Review and Reporting $5,944.00
Project Assistant 16.00 102.00 $1,632.00
Project Accountant 8.00 134.00 $1,072.00
Senior Engineer 10.00 224.00 $2,240.00
Final Report 1.00 1,000.00 $1,000.00
Task 1 Total: $185,636.00
Task 2: Firestopping Special Inspections
Subtask 2.1: Firestopping Observations $8,880.00
Firestopping Observations 60.00 136.00 $8,160.00
Firestopping Observations 12 Trips @ 5 Hr 60.00
Trip Charge 12.00 60.00 $720.00
Subtask 2.2: Firestopping Project Management $2,691.00
Project Assistant 2.50 102.00 $255.00
Project Manager - Firestopping Manager 12.00 198.00 $2,376.00
Pre Con Meeting / Submittal Review 1 Ea @ 7 Hr 7.00
Firestopping Manager 10 Ea @ 0.5 Hr 5.00
Trip Charge 1.00 60.00 $60.00
Subtask 2.3: Firestopping Final Report $1,000.00
Firestopping Final Report (10-29 Inspection Trips) 1.00 1,000.00 $1,000.00
Task 2 Total: $12,571.00
Project Total $198,207.00
Rev. 2026-07-20 Page 1 of 3
BRAUN INTERTEC GENERAL CONDITIONS for 10017191_001
SECTION 1: AGREEMENT
1.1 Agreement. This agreement consists of these General Conditions and the
accompanying written proposal or authorization (“Agreement”). This Agreement is the
entire agreement between Consultant and Client and supersedes all prior negotiations,
representations or agreements, either written or oral.
1.2 Parties to the Agreement. The parties to this Agreement are the Braun Intertec
entity (“Consultant”) and the client (“Client”) as described in the accompanying written
proposal or authorization. Consultant and Client may be individually referred to as a
Party or collectively as the Parties.
SECTION 2: SCOPE OF SERVICES
2.1 Services. Consultant will provide services (“Services”) in connection with the
project (“Project”) which are specifically described in this Agreement. Client
understands and agrees that Consultant’s Services are limited to those which are
expressly set forth in this Agreement.
2.2 Additional Services. Any Services not specifically set forth in the Agreement
constitute “Additional Services.” Additional Services must be agreed upon in writing by
the Parties prior to performance of the Additional Services and may entitle Consultant
to additional compensation and schedule adjustments. Additional compensation will
be based upon Consultant’s then current rates and fees.
SECTION 3: PERFORMANCE OF SERVICES
3.1 Standard of Care. Consultant will perform its professional Services consistent with
the degree of care and skill exercised by members of Consultant’s profession
performing under similar circumstances at the same time and in the same locality in
which the professional Services are performed. CONSULTANT DISCLAIMS ALL
STATUTORY, ORAL, WRITTEN, EXPRESS, AND IMPLIED WARRANTIES, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
PERFORMANCE OF SERVICES IN A GOOD AND WORKMANLIKE MANNER.
3.2 Written Reports and Findings. Unless otherwise agreed in writing, Consultant’s
findings, opinions, and recommendations will be provided to Client in writing and may
be delivered via electronic format. Client agrees not to rely on oral findings, opinions, or
recommendations.
3.3 Observation or Sampling Locations. Locations of field observations or sampling
described in Consultant’s report or shown on Consultant’s sketches reference Project
plans or information provided by others or estimates made by Consultant’s personnel.
Consultant will not survey, set, or check the accuracy of those points unless Consultant
accepts that duty in writing. Client agrees that such dimensions, depths, or elevations
are approximations unless specifically stated otherwise in the report. Client accepts the
inherent risk that samples or observations may not be representative of items not
sampled or seen and further that site conditions may vary over distance or change over
time.
3.4 Project Site Information. Client will provide Consultant with prior environmental,
geotechnical and other reports, specifications, plans, and information to which Client
has access about the Project site and which are necessary for Consultant to carry out
Consultant’s Services. Client agrees to provide Consultant with all plans, changes in
plans, and new information as to Project site conditions until Consultant has completed
its Services.
3.5 Subsurface Objects. To the extent required to carry out Consultant’s Services,
Client agrees to provide Consultant, in a timely manner, with information that Client has
regarding buried objects at the Project site. Consultant will not be responsible for
locating buried objects or utilities at the Project site unless expressly set forth in this
Agreement, or expressly required by applicable law. Client agrees to hold Consultant
harmless, defend, and indemnify Consultant from claims, damages, losses, penalties
and expenses (including attorney fees) involving buried objects or utilities that were not
properly marked or identified or of which Client had or should have had knowledge but
did not timely notify Consultant or correctly identify on the plans Client or others
furnished to Consultant. Consultant, from time to time, may hire a third party to locate
underground objects or utilities and, unless otherwise expressly stated in this
Agreement, such action shall be for the sole benefit of Consultant and in no way will
alleviate Client of its responsibilities hereunder.
3.6 Hazardous Materials. Client will notify Consultant of any knowledge or suspicion of the
presence of hazardous or dangerous materials present on any Project site or in any sample
or material provided to Consultant. Client agrees to provide Consultant with
information in Client’s possession or control relating to such samples or materials. If
Consultant observes or suspects the presence of contaminants not anticipated in this
Agreement, Consultant may terminate Services without liability to Client or to others,
and Client will compensate Consultant for fees earned and expenses incurred up to the time
of termination.
3.7 Supervision of Others. Consultant shall have no obligation to supervise or direct
Client’s representatives, contractors, or other third parties retained by Client.
Consultant has no authority over or responsibility for the means, methods, techniques,
sequences, or procedures of construction selected or used by Client, Client’s
representatives, contractors, or other third parties retained by Client.
3.8 Safety. Consultant will provide a health and safety program for its employees as well
as reasonable personal protective equipment (“PPE”) typical for the performance of the
Services provided by this Agreement and as required by law. Consultant shall be entitled
to compensation for all extraordinary PPE required by Client. Client will provide, at no
cost to Consultant, appropriate Project site safety measures which are necessary for
Consultant to perform its Services at the Project location or work areas in connection
with the Project. Consultant’s employees are expressly authorized by Client to refuse to
work under conditions that may, in an employee’s sole discretion, be unsafe.
Consultant shall have no authority over or be responsible for the safety precautions and
programs, or for security, at the Project site (except with respect to Consultant’s own
Services and those of its subconsultants).
3.9 Project Site Access and Damage. Client will provide or ensure access to the site.
In the performance of Services some Project site damage is normal even when due care
is exercised. Consultant will use reasonable care to minimize damage to the Project
site. Unless otherwise expressly stated in this Agreement, the cost of restoration for
such damage has not been included in the estimated fees and will be the responsibility
of the Client.
3.10 Monitoring Wells. To the extent applicable to the Services, monitoring wells are
Client’s property, and Client is responsible for monitoring well permitting, maintenance,
and abandonment unless otherwise expressly set forth in this Agreement.
3.11 Contaminant Disclosures Required by Law. Client agrees to make all disclosures
related to the discovery or release of contaminants that are required by law. In the event
Client does not own the Project site, Client acknowledges that it is Client’s duty to
inform the owner of the Project site of the discovery or release of contaminants at the
site. Client agrees to hold Consultant harmless, defend, and indemnify Consultant from
claims, damages, penalties, or losses and expenses, including attorney fees, related to
Client’s failure to make any disclosure required by law or for failing to make the
necessary disclosure to the owner of the Project site.
SECTION 4: SCHEDULE
4.1 Schedule. Consultant shall complete its obligations within a reasonable time and
shall make decisions and carry out its responsibilities in a manner consistent with the
Standard of Care. Specific periods of time for rendering Services or specific dates by
which Services are to be completed are provided in this Agreement. If Consultant is
delayed in the performance of the Services by actions, inactions, or neglect of Client or
others for whom Client is responsible, by changes ordered in the Services, or by other
causes beyond the control of Consultant, including force majeure events, then the time
for Consultant’s performance of Services shall be extended and Consultant shall
receive payment for all expenses attributable to the delay in accordance with
Consultant’s then current rates and fees.
4.2 Scheduling On-Site Observations or Services. To the extent Consultant’s Services
require observations, inspections, or testing be performed at the Project site, Client
understands and agrees that Client, directly or indirectly through its authorized
representative, has the sole right and responsibility to determine and communicate to
Consultant the scheduling of observations, inspections, and testing performed by
Consultant. Accordingly, Client also acknowledges that Consultant bears no
responsibility for damages that may result because Consultant did not perform such
observations, inspections, or testing that Client failed to request and schedule. Client
understands that the scheduling of observations, inspections, or testing will dictate the
time Consultant’s field personnel spend on the jobsite and agrees to pay for all services
provided by Consultant due to Client’s scheduling demands in accordance with
Consultant’s then current rates and fees.
SECTION 5: COST AND PAYMENT OF SERVICES
5.1 Cost Estimates. Consultant’s price or fees provided for in this Agreement are an
estimate and are not a fixed amount unless otherwise expressly stated in this
Agreement. Consultant’s estimated fees are based upon Consultant’s experience,
knowledge, and professional judgment as well as information available to Consultant at the
time of this Agreement. Actual costs may vary and are not guaranteed or warrantied.
5.2 Payment. Consultant will invoice Client on a monthly basis for Services performed.
Client will pay for Services as stated in this Agreement together with costs for Additional
Services or costs otherwise agreed to in writing within thirty (30) days of the invoice date.
Unless otherwise stated in this Agreement or agreed to in writing, Consultant’s costs for
all services performed will be based upon Consultant’s then current rates, fees, and
charges. No retainage shall be withheld by Client. All unpaid invoices will incur an
interest charge of 1.5% per month or the maximum allowed by law.
5.3 Other Payment Conditions. Consultant will require Client credit approval and
Consultant may require payment of a retainer fee. Client agrees to pay all applicable
taxes. Client’s obligation to pay for Services under this Agreement is not contingent on
Client’s ability to obtain financing, governmental or regulatory agency approval,
permits, final adjudication of any lawsuit, Client’s successful completion of any project,
receipt of payment from a third party, or any other event.
5.4 Third Party Payment. Provided Consultant has agreed in writing, Client may request
Consultant to invoice and receive payment from a third party for Consultant’s Services.
Consultant, in its sole discretion, may also require the third party to provide written
acceptance of all terms of this Agreement. Neither payment to Consultant by a third
party nor a third party’s written acceptance of all terms of this Agreement will alter
Client’s rights and responsibilities under this Agreement. Client expressly agrees that
Rev. 2026-07-20 Braun Intertec General Conditions Page 2 of 3
the Agreement contains sufficient consideration notwithstanding Consultant being paid
by a third party.
5.5 Non-Payment. If Client does not pay for Services in full as agreed, Consultant may
retain work not yet delivered to Client and Client agrees to return all Project Data (as
defined in this Agreement) that may be in Client’s possession or under Client’s control.
If Client fails to pay Consultant in accordance with this Agreement, such nonpayment
shall be considered a default and breach of this Agreement for which Consultant may
terminate for cause consistent with the terms of this Agreement and without liability to
Client or to others. Client will compensate Consultant for fees earned and expenses
incurred up to the time of termination. Client agrees to be liable to Consultant for all
costs and expenses Consultant incurs in the collection of amounts invoiced but not paid,
including but not limited to attorney fees and costs.
SECTION 6: OWNERSHIP AND USE OF DATA
6.1 Ownership. All reports, notes, calculations, documents, and all other data prepared
by Consultant in the performance of the Services (“Project Data”) are instruments of
Consultant’s Services and are the property of Consultant. Consultant shall retain all
common law, statutory and other reserved rights, including the copyright thereto, of
Project Data. Consultant acknowledges that any Project Data provided to the Client is
subject to the classifications and requirements of the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13, and any other applicable law, rule, or
regulation regarding the classification and disclosure of government data.
6.2 Use of Project Data. The Project Data of this Agreement is for the exclusive purpose
disclosed by Client and, unless agreed to in writing, for the exclusive use of Client. Client
may not use Project Data for a purpose for which the Project Data was not prepared
without the express written consent of Consultant. Consultant will not be responsible
for any claims, damages, or costs arising from the unauthorized use by the Client of any
Project Data provided by Consultant under this Agreement.
6.3 Samples, Field Data, and Contaminated Equipment. Samples and field data
remaining after tests are conducted, as well as field and laboratory equipment that
cannot be adequately cleansed of contaminants, are and continue to be the property of
Client. Samples may be discarded or returned to Client, at Consultant’s discretion,
unless within fifteen (15) days of the report date Client gives Consultant written direction
to store or transfer the samples and materials. Samples and materials will be stored at
Client’s expense.
6.4 Data Provided by Client. Electronic data, reports, photographs, samples, and other
materials provided by Client or others may be discarded or returned to Client, at
Consultant’s discretion, unless within 15 days of the report date Client gives Consultant
written direction to store or transfer the materials at Client’s expense.
SECTION 7: INSURANCE
7.1 Insurance. Consultant shall keep and maintain the following insurance coverages:
a. Workers’ Compensation: Statutory
b. Employer’s Liability: $1,000,000 bodily injury, each accident | $1,000,000 bodily
injury by disease, each employee | $1,000,000 bodily injury/disease, aggregate
c. General Liability: $1,000,000 per occurrence | $2,000,000 aggregate
d. Automobile Liability: $1,000,000 combined single limit (bodily injury and property
damage)
e. Excess Umbrella Liability: $5,000,000 per occurrence | $5,000,000 aggregate
f. Professional Liability: $2,000,000 per claim | $2,000,000 aggregate
7.2 Waiver of Subrogation. Client and Consultant waive all claims and rights of
subrogation for losses arising out of causes of loss covered by the respective insurance
policies.
7.3 Certificate of Insurance. Consultant shall furnish Client with a certificate of
insurance upon request.
7.4 Additional Insured. The Client, its officials, and employees are Additional Insured to
Consultant's Commercial General Liability and Umbrella policies with respect to liabilities
caused in whole or part by Consultant's acts or omissions, or the acts or omissions of those
acting on Consultant's behalf, in the performance of the ongoing operations, services, and
completed operations of Consultant under this Agreement. The coverage shall be primary
and non-contributory.
SECTION 8: INDEMNIFICATION, CONSEQUENTIAL DAMAGES, LIABILITY LIMITS
8.1 Indemnification. Consultant’s only indemnification obligation shall be to indemnify
and hold harmless the Client, its officers, directors, and employees from and against
those damages and costs incurred by Client or that Client is legally obligated to pay as a
result of third party tort claims, including for the death or bodily injury to any person or
for the destruction or damage to any property, but only to the extent proven to be directly
caused by the negligent act, error, or omission of the Consultant or anyone for whom
the Consultant is legally responsible. This indemnification provision is subject to the
Limitation of Liability set forth in this Section 8.
8.2 Intellectual Property. Client agrees to indemnify Consultant 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 Client or others on behalf of Client.
8.3 Mutual Waiver of Consequential Damages. NOTWITHSTANDING ANYTHING
TO THE CONTRARY HEREUNDER, NEITHER CONSULTANT NOR CLIENT SHALL BE
LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, PUNITIVE, INDIRECT,
INCIDENTAL OR SPECIAL DAMAGES, OR LOSS OF USE OR RENTAL, LOSS OF PROFIT,
LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROFIT OR REVENUE OR COST OF
FINANCING, OR OTHER SUCH SIMILAR AND RELATED DAMAGE ASSERTED IN THIRD
PARTY CLAIMS, OR CLAIMS BY EITHER PARTY AGAINST THE OTHER.
8.4 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL
LIABILITY IN THE AGGREGATE OF CONSULTANT, CONSULTANT’S OFFICERS, DIRECTORS,
PARTNERS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, TO CLIENT AND ANYONE
CLAIMING BY, THROUGH OR UNDER CLIENT FOR ANY CLAIMS, LOSSES, COSTS, OR
DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED
CONSULTANT’S PERFORMANCE OF THE SERVICES OR THIS AGREEMENT, FROM ANY
CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PROFESSIONAL
ERRORS AND OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, INDEMNIFICATION
OBLIGATIONS OR BREACH OF WARRANTY, SHALL NOT EXCEED THE TOTAL
COMPENSATION RECEIVED BY CONSULTANT OR $100,000, WHICHEVER IS GREATER.
SECTION 9: MISCELLANEOUS PROVISIONS
9.1 Services Prior to Agreement. Directing Consultant to commence Services prior to
execution of this Agreement constitutes Client’s acceptance of this unaltered
Agreement in its entirety.
9.2 Confidentiality. Subject to the requirements of the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13, and to the extent Consultant receives
Client information identified as confidential, Consultant will not disclose that
information to third parties without Client consent. Additionally, any Project Data
prepared in performance of the Services will remain confidential and Consultant will not
release the reports to any third parties not involved in the Project. Neither of the
aforesaid confidentiality obligations shall apply to any information in the public domain,
information lawfully acquired from others on a nonconfidential basis, or information
that Consultant is required by law to disclose.
9.3 Relationship of the Parties. Consultant will perform Services under this Agreement
as an independent contractor, and its employees will at all times be under its sole
discretion and control. No provision in this Agreement shall be deemed or construed to
create a joint venture, partnership, agency or other such association between the
Parties.
9.4 Resource Conservation and Recovery Act. To the extent applicable to the
Services, neither this Agreement nor the providing of Services will operate to make
Consultant an owner, operator, generator, transporter, treater, storer, or a disposal
facility within the meaning of the Resource Conservation and Recovery Act, as
amended, or within the meaning of any other law governing the handling, treatment,
storage, or disposal of hazardous substances. Client agrees to hold Consultant
harmless, defend, and indemnify Consultant from any claims, damages, penalties or
losses resulting from the storage, removal, hauling or disposal of such substances.
9.5 Services in Connection with Legal Proceedings. Client agrees to compensate
Consultant in accordance with its then current fees, rates, or charges if Consultant is
asked or required to respond to legal process arising out of a proceeding related to the
Project and as to which Consultant is not a party.
9.6 Assignment. This Agreement may not be assigned by Consultant or Client without
the prior written consent of the other Party, which consent shall not be unreasonably
withheld.
9.7 Third Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended, or will be construed, to confer upon or give any person or entity other than
Consultant and Client, and their respective permitted successors and assigns, any rights,
remedies, or obligations under or by reason of this Agreement.
9.8 Termination. This Agreement may be terminated by either Party for cause upon
seven (7) days written notice to the other Party. Should the other Party fail to cure and
perform in accordance with the terms of this Agreement within such seven-day period,
the Agreement may terminate at the sole discretion of the Party that provided the written
notice. The Client may terminate this Agreement for its convenience. If Client terminates for
its convenience, then Consultant shall be compensated in accordance with the terms
hereof for Services performed, reimbursable costs and expenses incurred prior to the
termination, and reasonable costs incurred as a result of the termination.
9.9 Force Majeure. Neither Party shall be liable for damages or deemed in default of this
Agreement to the extent that any delay or failure in the performance of its obligations
(other than the payment of money) results, without its fault or negligence, from any
cause beyond its reasonable control, including but not limited to acts of God, acts of
civil or military authority, embargoes, pandemics, epidemics, war, riots, insurrections,
fires, explosions, earthquakes, floods, adverse weather conditions, strikes or lock-outs,
declared states of emergency, and changes in laws, statutes, regulations, or
ordinances.
9.10 Disputes, Choice of Law, Venue. In the event of a dispute and prior to exercising
rights at law or under this Agreement, Consultant and Client agree to negotiate all
disputes in good faith for a period of 30 days from the date of notice of such dispute. This
Agreement will be governed by the laws and regulations of the state in which the Project
is located and all disputes and claims shall be heard in the state or federal courts for that
state. Client and Consultant each waive trial by jury.
9.11 Individual Liability. No officer or employee of Consultant, acting within the scope
of employment, shall have individual liability for any acts or omissions, and Client agrees
not to make a claim against any individual officers or employees of Consultant.
9.12 Severability. Should a court of law determine that any clause or section of this
Agreement is invalid, all other clauses or sections shall remain in effect.
9.13 Waiver. The failure of either Party hereto to exercise or enforce any right under this
Agreement shall not constitute a release or waiver of the subsequent exercise or
enforcement of such right.
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9.14 Entire Agreement. The terms and conditions set forth herein constitute the
entire understanding of the Parties relating to the provision of Services by
Consultant to Client. This Agreement may be amended only by a written
instrument signed by both Parties. In the event Client issues a purchase order or
other documentation to authorize Consultant’s Services, any conflicting or
additional terms of such documentation are expressly excluded from this
Agreement.