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1289 Deerwood Dr - Criterium Progress Report        July 6, 2020 Libby Montreuil Boulder Images Incorporated 14555 South Robert Street Rosemount, MN 55068 RE: Construction Progress Report - Boulder Retaining Walls Project Location: 1289 Deerwood Drive, Eagan, Minnesota Project No. 19-4277 Dear Mr. Montreuil: This letter is being sent per your request regarding the boulder retaining walls currently under construction at the above listed property. This evaluation is based on: a site visit performed by me on July 2, 2020; verbal statement by you regarding construction means and methods; and retaining wall design information prepared by me dated November 6, 2019. Based on my site visit and the other information listed above, the construction of the retaining walls to date is structurally stable and in general conformance with the Retaining Wall Drawings as prepared, as well as boulder retaining wall industry standards. Typical construction details such as use of drainage elements appear to be followed correctly. As is normal for boulder retaining walls of this type, some seasonal and long-term wall movement and backfill soil settlement should be expected. I recommend that concentrated areas of surface water be directed away from the walls. Scope of Service and Limitations The purpose of this inspection and report is to evaluate the condition of the recently constructed or partially constructed retaining wall. The report is not to be considered a guarantee of condition and no warranty is implied. Our observations are non-destructive, and limited to those portions of the site/wall that could be visually examined without excavation. Our scope of services did not include an exhaustive technical investigation. No material sampling, analytic tests, precise measurements or engineering calculations were performed. This includes but is not limited to: compaction testing, soil sampling, global stability calculations. We did not determine whether the wall and its operation or use conform to any city codes, or regulations, or restrictions that may be enforced within the jurisdiction. For construction phase services, it is understood that the Contractor, not ENGINEER, is responsible for the construction of the project, and that ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor or material supplier; for safety precautions, programs or enforcement; or for construction means, methods, techniques, sequences and procedures employed by the Contractor. As Professional Engineers, it is our responsibility to evaluate available evidence relevant to the purpose of this inspection. We are not, however, responsible for conditions that could not be seen or were not within the scope of our service at the time of the inspection. If additional documentation or information is made available for review, I reserve the right to amend or add to the opinions and observations presented in this report. See also, Terms and Conditions below. This evaluation was performed using the design guidelines presented in the third edition of the “Design Manual for Segmental Retaining Walls” (DMSRW) published by NCMA in 2009. If soil conditions, proposed layouts, or other design parameters vary from that assumed, a revised analysis might be 1289 Deerwood Drive, Eagan, Minnesota July 6, 2020 Page | 2    needed. If additional documentation or information is made available for review, I reserve the right to amend or add to the opinions and observations presented in this report. Please call me if you have any questions or need more information. Thank you. Sincerely, Paul Schimnowski, PE MN PE# 40126 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Paul Schimnowski, P.E.  Date: July 6, 2020 License #: 40126 (MN) 1289 Deerwood Drive, Eagan, Minnesota July 6, 2020 Page | 3    T E R M S A N D C O N D I T I O N S This report is expressly made subject to the following terms and conditions to which all persons that receive and rely thereon agree: 1. STANDARD OF SERVICE: Services performed by ENGINEER under this agreement shall be performed in a manner consistent with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the time and in the locality the services are performed.  Client recognizes that interpretations and recommendations of ENGINEER are based solely on the information available to the company.  ENGINEER will be responsible for those interpretations and recommendations, but shall not be responsible for the interpretation by others of the information developed.  Services provided reflect the professional judgment of ENGINEER, to the best of ENGINEER's knowledge, information, and belief as of the date hereof.  No other warranty or guarantee, express or implied, is made. 2. SCOPE OF SERVICE: Services performed by ENGINEER are expressly limited by the scope of services ENGINEER has been employed by Client to perform. 3. TERMS OF PAYMENT: ENGINEER may require a retainer fee to be paid before commencing any project. Extended engagements may require interim invoicing on a weekly, monthly, or other basis. At the completion of the project, we will issue a final invoice. Payment of each invoice is due upon presentation. Failure to pay invoices within the allotted time period will constitute a breach of contract and may result in suspension of work until such time as all overdue payments are made in full. Should any suspension occur because of overdue payments, the time for contract completion, if any is stated, shall be extended by the period of the suspension. Invoiced balances remaining unpaid for thirty (30) days after the date of invoice may be charged a finance charge in the amount of ½ percent per month from the date of invoice. If an invoice remains unpaid and it becomes necessary, in the ENGINEERS’ opinion to initiate collection procedures, the client hereby agrees to pay all collection costs including, but not limited to, reasonable fees for attorneys retained by ENGINEER and court costs at our standard billing rate for time necessitated in court appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to payment terms must be specified in writing. 4. OWNERSHIP OF DOCUMENTS: All reports, field data, field notes, calculations, estimates and other documents (‘reports’) prepared by Engineer, as instruments of service, shall remain the property of Engineer. Client agrees that all reports furnished to Client or his agents, which are not paid for, will be returned upon demand and will not be used by Client for any purpose whatever. ENGINEER will retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to Client at all reasonable times. 5. COPIES OF DOCUMENTS: ENGINEER agrees to furnish client with an electronic copy of our report, drawings, or documents relating to the services performed. Hard copies, bound or unbound, may be provided upon request at charge of cost plus 10 percent, at ENGINEERS’s sole discretion. ENGINEER shall retain an electronic copy of the final documents in its files for a period of five years. 6. INSURANCE: ENGINEER represents and warrants that it is protected by Workers Compensation insurance and has such coverage under Public Liability and Property Damage insurance policies which ENGINEER deems adequate. Certificate for all such policies of insurance shall be provided to the Client upon request in writing. ENGINEER shall not be responsible for any loss, damage or liability arising from any acts by Client, its agents, staff and other consultants employed by it. 7. TERMINATION: This agreement may be terminated by either party by written notice. In the event of termination, ENGINEER shall be paid for services performed and expenses incurred up to the termination notice date. Neither Client not ENGINEER may delegate, assign, sublet or transfer his/her duties or interest in this Agreement without the written consent of the other party. 8. LIMITATION OF LIABILITY: To the fullest extent permitted by law, Client and ENGINEER (a) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this report, (b) agree that ENGINEER’s total liability to Client shall be limited to the total amount of compensation received by ENGINEER, and (c) if an action is brought against the ENGINEER and the ENGINEER prevails, ENGINEER shall be entitled to recover costs and expenses, including reasonable attorneys' fees and costs.   Location 1289 Deerwood Drive, Eagan, MN Photos Taken by: Paul D Schimnowski Inspection Date: July 2, 2020 1 Multi-tiered boulder wall in construction.2 Segmental retaining wall to be removed and replaced with boulder wall tier. 3 Construction progress noted.4 Progress in general conformance with industry standards 5 Construction progress visit. No concerns identified. 6 Segment of boulder wall completed at parking pad. Typical size boulders with adequate setback noted.