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HomeMy WebLinkAboutContract No. 2013 2492 AIER1cAN CONSULTANTS • ENVIRONMENTAL 13 ENGINEERING • GEOTECHNICAL • MATERIALS TESTING, INC. . FORENSICS January 16, 2013 Mr. Kevin R. Hansen, P.E. Public Works Director/City Engineer City of Columbia Heights Public Works Department 637 38th Avenue NE Columbia Heights, MN 55421-3806 RE: Proposal for Geotechnical and Environmental Services Jackson Pond and La Belle Pond Columbia Heights, Minnesota AET Proposal No. 03-04633 Dear Mr. Hansen: American Engineering Testing, Inc. (AET) is pleased to offer the City of Columbia Heights (the City and the Client) geotechnical and environmental services for Jackson and La Belle Ponds in Columbia Heights, Minnesota. Our services are intended to environmentally assess sediments in the pond bottoms for contamination and geotechnically assess soils in the pond vicinities for stratigraphy and texture. This proposal describes the scope, schedule, fees and other information regarding our services. The scope of services has been developed by AET in response to your recent Request for Proposal (RFP) and on the additional information you provided in a subsequent telephone conversation on January 8, 2013. Project Information You have requested that AET provide a proposal to perform soil borings and obtain sediment samples from two shallow pond areas. In your RFP, you presented two maps indicating five soil boring locations: three borings in Jackson Pond located east of Quincy Street and 43`d and 44th Avenues and two borings in La Belle Pond located east of Central Avenue between 40th and 42nd Avenues. The requested boring depths range between 10 and 20 feet below the pond bottoms. Although the borings can be performed through the ice this winter, the City understands that use of a truck-mounted drilling rig may not be feasible as indicated in its RFP. In order to drill the borings to the required depths at the specified locations, AET would require at least 24 inches of competent ice for a truck-mounted drill machine. Based on the project schedule and questionable ice conditions, we are proposing to only collect sediment samples to 5 feet deep using manual tools at the City-specified locations, and collect the geotechnical samples using a truck-mounted rig at offset locations. Possible offset boring locations for each pond area 550 Cleveland Avenue North ISt.Paul, MN 55114 Phone 651-659-9001(Toll Free 800-972-6364 IFax 651-659-1379 I www.amengtest.com IAA/EEO �4M This document shall not be reproduced,except in full,without written approval from American Engineering Testing,Inc. Mr. Kevin R. Hansen, P.E. AET Proposal No. 03-04633 January 16, 2013 Page 2 of 5 for Jackson Pond and La Belle Pond are shown the attached Figures 1 and 2, respectively. The boring depths have been increased by 6 feet each, to try to account for the elevation changes from the pond bottom to the offset locations. For the environmental assessment, we estimate that surface area of Jackson Pond is about 2 acres and the bay areas in question at La Belle pond are both 0.3 acre. Based on these assumptions, we believe that the number of sample locations requested by the City meets or exceeds the recommended minimum specified in Appendix A: Sediment Sampling and Analytical Technical Guidance of the Minnesota Pollution Control Agency (MPCA) document Managing Stormwater Sediment Best Management Practice Guidance for Municipalities (wq-strm4-16, June 2012). AET was not provided a Phase I Environmental Site Assessment for the watershed draining to this pond; however, you have requested that AET analyze the samples for the MPCA baseline parameters of copper, arsenic and polycyclic aromatic hydrocarbons (PAHs), along with gasoline range organics (GRO) and diesel range organics (DRO). Scope of Services Based on the above information, AET proposes five environmental cores and five geotechnical borings for this project. Prior to drilling, AET will clear public utilities for exploration points via a locate call or meet through Gopher State One Call. The Client is responsible for clearing any private utilities in the proposed coring/boring areas; AET can hire a private locating firm at the Client's request. Environmental Services • At each sediment core location, advance 1.5-inch diameter clear plastic sampling tubes (cores) about 5 feet into the bottom sediments. For this proposal, we assume that we will use manual sampling equipment and that a minimum of 12 inches of competent ice covers each pond. • Cap and return the recovered core sample tubes to AET's St. Paul facility, to log the sediments. At a minimum, the descriptions will include sediment strata, grain type, color, and depth. • Prepare composite samples for analytical testing from one half of the entire core sample from 0 to 5 feet and submit them to Pace Analytical Services, Inc. for the following laboratory analyses: Mr. Kevin R. Hansen, P.E. AET Proposal No. 03-04633 January 16, 2013 Page 3 of 5 - Polycyclic aromatic hydrocarbons (PAHs) "extended list" by EPA method 8270 (SIM) - Arsenic (As) and Copper(Cu)by EPA method 6010 - Gasoline Range Organics (GRO)by the modified WI method - Diesel Range Organics by the modified WI method,using a silica gel cleanup • Prepare a report of environmental testing results; the report will document pertinent field observations, chains of custody, laboratory reports, and a narrative summarizing the results and comparing them to the applicable MPCA Tier 1 and 2 Soil Reference Values. The environmental report will be separate from the geotechnical report. Geotechnical Services • At the five offset boring locations, drill standard penetration test (SPT) borings using a truck-mounted drill machine to the depths indicated on attached Figures 1 and 2. The borings will be sampled by the split barrel method (ASTM: D 1586), and be cased with hollow stem auger. - City shall provide site access and snow removal as needed, and waive or compensate any additional permitting or site restoration fees. - City may adjust boring locations along the perimeters of the ponds to minimize access and snow plowing efforts and/or to explore different areas. • Cap and return the recovered soil samples to AET's St. Paul facility, for final classification. • Prepare a report of soil boring results; the geotechnical report will be included in the environmental report. Performance Schedule Provided that we receive authorization before February 1, 2013, AET estimates it would be able provide the geotechnical and environmental reports by March 1, 2013. If results are needed sooner, please let us know; expedited sampling and testing may incur additional fees. Our services are based on at least 12 inches of ice covering the pond surface. Mr. Kevin R. Hansen, P.E. AET Proposal No. 03-04633 January 16, 2013 Page 4 of 5 Fees For the scopes of services defined in this proposal, we will establish a not-to-exceed fee of $8,585. Our fee is based on the following approximate breakdowns: Environmental Unit Rate Quantity Fee Sample Collection (2 man crew) Hour $190 6 $1,140 Disposable Materials Day $90 1 $90 Mileage Mile $1 40 $40 Metals(Arsenic and Copper) Each $29 5 $145 PAHs(extended list) Each $213 5 $1,065 DRO(WI method, silica gel) Each $52 5 $260 GRO(WI method) Each $33 5 $165 Report/Project Management ILS $1,250 1 1 $1,250 SubTotal: 1 $4,155 Geotechnical Unit Rate Quantity Fee Public Utility Clearance, Ice Assessment LS $610 1 $610 Drilling(5 borings, 100 linear feet) LS $2,420 1 $2,420 Soil Classification and Logs Boring $50 5 $250 Report/Project Management LS $1,150 1 $1,150 SubTotal: $4,430 Total Estimated Fees: $8,585 In the event the scope of our services needs to be revised due to unanticipated or altered conditions, we will review such adjustments and the associated fees with you and receive your approval before proceeding (for example, additional laboratory testing for layered sediments). Our fees for additional services will be charged on a time and materials basis in accordance with the attached fee schedules. Conditions Our services will be performed per the attached three-page Geotechnical Service Agreement — Terms and Conditions. Our estimate is based on our 2013 Environmental Fee Schedule; additional services requested and supplied in addition to those described above will be billed on a time and material basis in accordance with this schedule. Remarks Our scope of services is intended to comply with your request for services. The scope is not intended to assess other potential environmental conditions on the site; there may be areas that Mr. Kevin R. Hansen, P.E. AET Proposal No. 03-04633 January 16, 2013 Page 5 of 5 are impacted that are not detected, or there may be contaminants present other than those for which we test. This scope of services is not intended to be all-inclusive, covering every possible contaminant. This proposal has been prepared in general accordance with the MPCA guidance for stormwater sediment sampling. The end use facility/disposal option you choose for this material may require additional testing and analyses that are not included in the scope of services for this proposal. It is the Client's responsibility to verify that this scope of testing and analyses complies with the requirements of the end use facility; AET does not accept any responsibility for damages or future liability due to improper reuse or placement of contaminated sediment. Acceptance Please indicate your acceptance of this proposal and authorization to proceed by signing, dating and returning one copy of this proposal to us. The original proposal is intended for your records. We appreciate the opportunity to provide this service for you and look forward to working with you on this project. If you have any questions, or need additional information regarding this matter,please call us. Sincerely, American Engineering Testing, Inc. PROPOSAL ACCEPTED BY: Richard W. Pe ngs, P.E. Signature: Senior Environmental Engineer Phone: (651) 789-4649 Printed Name: Walt Fehst Fax: (651) 659-1379 Email: rpennings@amengtest.com Company: City of Columbia HeiRts Date: /2,9,Z. 3 Attachments: Figures 1 and 2 2013 Environmental Fee Schedule Geotechnical Service Agreement e � Legend 0 Sediment Core Proposed WE Stratigraphy Boring Proposed B=1 (26 feet). r r- • IWO �� C-1 (5 feet) � • N • , �` I •�� ! r •• ' B3Y(21 feet) '�' r r i B-2 (21 feet) r • r• r • bw 7g 19 g r ' r 11jRfj.%43WA�e t lb , Wt o ce-:Esri';i=e b DA, U y , eo y t appin•, , I I P, nd the I se�'�om t , ri �Q :Esri L e, ! UTEQy,T©mT Map Reference:ArcGISBasemap Figure 1 AMERICAN 1:1,200 Site Map for Jackson Pond N Proposal for Geotechnical and Environmental Services ENGINEERING City of Columbia Heights TESTING,INC o 50 100 East of Quincy St, betw. 43rd and 44th Aves. - Columbia Heights, Minnesota Feet Date:01/16/2013 AET Proposal No.03-04633 File:Figure01-Jackson-SM.mxd Date:01/16/2013 �/, Legend �L f I I O Sediment Stratigraphy Boring Proposed 14 r r I. r 1 r. aE •i.�."I t •. 401. LL���•1V/ r Q . %r r • (_,/,+��/�!•` �l 5=@M o"41p LicsD-op UZ3c zp '��'n(p NAww/ro NJ.�IWIIU=J u u o ft- ?W'. p / �rK( ^Pm aar�(fin 390 M� jo a GU�i�'n I Ciao o f o'n'1 7ANN22,E ,Dg :nn' ���.•' •`(.'1 Y••.• i I��� i-V 1 s.3p UuylfUl�' .'P 1 AMERICAN JL- ►, Site Map for La Belle Pond N City of Columbia Heights ENGINEERING TESTING,INC 1 East of betw. 40th and 42nd 1 50 100 Columbia Heights, Minnesota 1116/2013 AET Proposal • 03-04633 AMERICAN CNSULTANTS ENVIRONMENTAL ENGINEERING American Engineering Testing, Inc. • GEOTECHNICAL • MATERIALS TESTING, INC. 2013 Environmental Fee Schedule • FORENSICS Engineering/Technical Personnel Rates 4. Soil Sampler 3/hr A. Administrative Assistant $62/hr 5. Water Sampler 20/hr B. Engineering/Environmental Technician I 68/hr D. Geotechnical Equipment Rental C. Draftsperson 76/hr 1. Field Vane Shear 310/day D. Engineering/Environmental Technician II 79/hr 2. Inclinometer Reading Equipment 320,'day E. Drill Technician/Geotechnical Lab Technician 89/hr 3. Pneumatic Transducer Reading Equipment F. Technician Level 1I CWI/ICBO 89/hr (pore pressure,settlement or earth pressure) 160/day G. Senior Engineering/Environmental Technician III 95/hr 4. Bore Hole Permeability H. Engineering Assistant 105/hr a) Open End Casing Method 130/day 1. Engineer I,Geologist 1,Scientist I 113/hr b) HQ Wireline Packer 320/day J. Senior Engineering Assistant 117/hr 5. Borehole Pressuremeter 65/hr K. Engineer II,Geologist II,Scientist II, 128/hr 6. Iowa Borehole Shear Tester 325/day L. Senior Engineer,Geologist, Scientist 144/hr 7. Double Ring Infiltrometer 250/day M. Principal Engineer,Geologist, Scientist 172/hr 8. GPS Mapping System Equipment 15/hr N. Principal of Firm 184/hr 9. Pile Driving Analyzer(PDA) 720/day O. Litigation Preparation 235/hr 10. Calibrated SPT Rod 190/day P. Deposition or Court Time(4-hour minimum) 298/hr 11. Field Electrical Resistivity Equipment (Wennar 4-Pin) 225/day The rates presented are portal to portal,with vehicle mileage, 12. Field Seismic Refraction Equipment expenses and equipment rentals being additional. Reduced (ReMi) 390/day rates may be negotiated for long-terin projects. E. Geotechnical Software Rental 1. Finite Element(seepage or soil deformation) 55/hr Overtime for personnel categories A-E charged at above cost 2. CAPWAP 30/hr plus 25%for over 8 hours per day or Saturday;and at above 3. Wave Equation(WEAP) 15/hr cost plus 50%for Sundays or Holidays. Night time shift work 4. LPILE or Group 15/hr will include a premium charge of$30.00 per person per shift. 5. Slope Stability(ReSSA) 15/hr 6. Stabilized Earth Slopes and Walls 15/hr Vehicle Mileage(personnel time and rental extra) 7. Settlement(FoSSA) 15/hr A. Personal Automobile/Truck $.75/mi 8. SHAFT 15/hr B. '/2 or Y4-ton AuxiliaryTruck/Van 1.00/mi F. Bit Wear C. Truck with Coring Equipment 1.10/mi 1. Diamond Bit-Sedimentary Rock D. 1 or 2-ton Rig Auxiliary Truck 1.15/mi a) B,NQ 10/ft E. Truck with Warning Sign/Crash Trailer 1.20/mi b) HQ 12/ft F. 1-ton Truck with Drill Rig 1.20/mi 2. Diamond Bit-Metamorphic and Igneous G. 1'/2 to 2'/z-ton Truck with Drill Rig 1.30/mi a) B,NQ 17/ft H. 20-Ton CPT Truck Rig 1.60/mi b) HQ 20/ft 1. Tractor/Lowboy Trailer 1.80/mi Water and Wastewater Monitoring Equipment Rental Site Exploration Equipment Rental/Services A. ISCO Autosampler $55/day A. Drill Rig Rental B. Refrigerated ISCO Autosampler 100/day 1. Rotary Drill on 4WD 1-ton Truck $67/hr C. Liquid Level Recorder 50/day 2. Rotary Drill on 2WD 1'/z to 2'/2-ton Truck 77/hr D. Flow Meter 85/day 3. Rotary Drill on 4WD 1'/2 to 2'/2-ton Truck 79/hr E. Confined Entry Equipment 140/day 4. Rotary Drill on All-Terrain Vehicle 107/hr F. Weir Materials 40/day 5. Portable,Non-rotary Rig 77/hr G. Recording pH Meter 45/day B. Rig Auxiliary/Specialty Vehicle Rental H. Kemmerer Type Sampler 45/day 1. Trailer 8/hr 1. Chlorine Residual Meter 45/day 2. 3/4-ton Truck 16.60/hr J. DR2000 Spectrophotometer 85/day 3. 1-ton or 2-ton Truck 21.50/hr 4. Truck with Warning Sign/Crash Trailer 27/hr Groundwater Monitoring Equipment Rental 5. Truck with Coring Equipment 42/hr A. Dissolved Oxygen Meter $50/day C. Cone(CPT)Rig/Equipment Rental B. pH Meter 25/day 1. 20-Ton CPT Rig,Truck or ATV $137/hr C. Conductivity Meter 25/day 2. Electronic Cone or Piezocone w/computer 40/hr D. Redox Potential Meter 25/day Page 1 of 2 AMERICAN CONSULTANTS • ENVIRONMENTAL ENGINEERING American Engineering Testing, Inc. GEOTECHNICAL • MATERIALS TESTING, INC. 2013 Environmental Fee Schedule FORENSICS E. Bailers-Polypropylene 15/ea O. Orsat Analyzer 100/day F. Bailers-Teflon 30/ea P. 40L Tedlar Bag 25/ea G. Groundwater Modeling Software 25/hr Q. GasTech OVM 40/day H. Water Level Probe 50/day R. GasTech TGD 40/day I. Oil-Water Interface Sensor 90/day S. Three-Dimensional Pitot Tube Assembly 200/day J. Well Rate of Recovery Equipment 150/day T. NOXAnalyzer 300/day K. 2"Pump Assembly 110/day U. SO,,Analyzer 300/day L. Peristaltic Assembly 60/day V. Sample Gas Conditioner 100/day M. YSI Multi-Parameter Meter 130/day W. Extractive FTIR Anlayzer 3000/week N. Turbidity Meter 25/day X. Gas Chromatograph quoted per job O. Groundwater Filter-Gelman Inline 15/ea P. Groundwater Filter—Nalgene 10/ea Expenses Q. HydroPunch 250/day Direct Project Expenses: includes out-of-town per diem;plowing and towing; special Soil Sampling and Support Equipment Rental equipment,materials and supplies;special travel, A. Direct Push Sampling System(Geoprobe7) $95/hr transportation and freight;subcontracted services,and B. XRF Analyzer 550/day miscellaneous costs Cost+15% C. Soil Auger Assembly 50/day D. Power Auger 65/day Equipment Replacement— E. Hammer Drill,small 25/day (when abandonment is more feasible than recovery) Cost F. Site Trailer 85/day Equipment Recovery— G. Level A,B,or C Protective Gear quoted per job (when required by regulatory agencies or project H. Vacuum Blower quoted per job specifications) Cost+ 15% I. Coliwassa Sampler 15/ea J. Steam Cleaning Service(includes rental) Clerical/Drafting Services and Rentals 1. Drill Rig/Tools 315/clean A. Report Reproduction 2. Down Hole Drill Tools Only 210/clean 1. Minimum(copying additional) 50/report K. Steam Cleaner 140/day 2. Copying .35/sheet L. Portable Generator(220 volt) 25/day B. Computer and Software Rental(personnel time extra) M. Magnetic Locator 25/day 1. AutoCAD or Microstation 25/hr 2. CADD Plotting 1.00/sq.ft. Industrial Hygiene Equipment Rental 3. Air Dispersion Modeling 25/hr A. Sampling Pump,28.3 liter $50/day 4. Ground Water Modeling 25/hr B. Sampling Pump,High Flow 100/day C. Digital Camera/Photographs C. Sampling Pump,Dragger 25/day 1. Camera Rental 25/day D. Protimeter Moisture Monitor 100/day 2. Color Photographs 1.50/page E. Bore Scope 25/day D. Direct Project Expenses Cost+15% F. Wet Wall Detector 25/day A minimum charge of$100.00 per j ob may be assessed to Air Monitoring Equipment Rental cover administrative costs. A. Photoionization Detector $115/day B. Flame Ionization Detector 250/day C. LEL Meter 50/day D. Landtec Methane Meter 190/day E. Gas Meter(LEL,02iH2S,CO) 95/day F. Methane Meter 50/day G. Air Velocity Meter 50/day H. Air Flow Measurement Instrumentation 100/day 1. FIA Monitoring Station 300/day J. Impinger/Meter Console Assembly 200/day K. 02/CO2/CO Analyzers 300/day L. Isokinetic Sampling Train 350/day M. Vacuum Sampler Assembly 75/day N. Heated Sample Line Assembly 120/day Page 2of2 GEOTECHNICAL SERVICE AGREEMENT-TERMS AND CONDITIONS Page 1 of 3 SECTION 1-RESPONSIBILITIES 1_1-The party to whom the proposal/contract is addressed is considered the Client of American Engineering Testing,Inc.(AET).The terms and conditions stated are binding, upon acceptance, on the Client, its successors, assignees, joint ventures and third-party beneficiaries. Verbal proposal acceptance or authorizing purchase orders from the Client are considered formal acceptance of AET's terms and conditions. By signing the proposal or verbally authorizing the services,the authorizing party attests that they have the authority to legally bind the Client to agreement. 1_2-Prior to AET performing services,Client 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 and property owner, site safety plans or other documents which may control or affect AET's services. If new information becomes available during AET's services,Client will provide such information to AET in a timely manner.Failure of client to timely notify AET of changes to the project including,but not limited to,location,elevation,loading,or configuration of the structure or improvement will constitute a release of any liability of AET.Client will provide a representative for timely answers to project-related questions by AET. 1_3-Services performed by AET will not relieve other persons of their responsibilities according to the contract documents or specifications,and AET will not be held responsible for work or omissions by Client or other persons. AET does not perform construction management, general contracting or surveying services and our involvement with the project does not constitute any assumption of those responsibilities.AET will not be responsible for directing or supervising the work of others,unless specifically agreed to in writing. 1_4- Unavoidable risks are present when attempting to characterize buried subsurface conditions.Variations in soil conditions usually occur between and beyond sampled/tested locations. Even a comprehensive sampling and testing program performed in accordance with a professional standard of care may fail to detect certain conditions, because the variability of conditions cannot be seen. For similar reasons, actual environmental, geologic, and geotechnical conditions that AET characterizes to exist between sampling points may differ significantly from those that actually exist.The passage of time also must be considered,and Client recognizes that,due to natural occurrences or direct or indirect human activities at the site or distant from it, actual conditions discovered may change. The Client must recognize and accept that nothing can be done to eliminate the risks associated with these inherent limitations. 1_5-AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1_6-Should changed conditions be alleged,Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1_7-AET reserves the right to charge for time to negotiate new terms and conditions from those portrayed in our proposal or shoul d the Client require the use of their contract format.If mutually acceptable terms cannot be established,AET shall have the right to withdraw thei r proposal without any liability to the Client,Owner or other parties and assigns associated with the project.If Client requests use of their contract format after the services have already been authorized,AET will be compensated for services rendered prior to approval of the Client's contract by both parties according to the AET Terms and Conditions. 1_8 -The AET proposal accompanying these terms and conditions is valid for sixty(60) days after the proposal issuance date to the Client. If Client authorizes the services after the expiration date,AET reserves the right to review and revise the proposal as necessary. SECTION 2-SITE ACCESS AND RESTORATION 2.1-Client will furnish AET safe and legal site access. 2_2-Client accepts that in the normal course of field exploration work,certain types of damage to the site may occur which are inherent with this type of work, such as tire indentations to lawns and landscape areas. It is the responsibility of AET to take reasonable precautions to minimize such damage. It is also AET's responsibility to patch boreholes placed through pavement or slab areas after performance of borings. Otherwise,restoration of the site is the responsibility of the Client. SECTION 3-UNDERGROUND UTILITY AND STRUCTURE CLEARANCE 3_1 - It is necessary that borings, excavations and other penetrations be located such that they maintain a minimum safe distance from underground utilities or other man-made objects. Client shall advise AET of all utilities that service or are located on the site, as well as any underground improvements located on the site.AET will contact state notification centers,where available,or individual utility owners where a state notification center is not available prior to drilling. In an effort to conform to reasonable standards of care,AET is entitled to rely on the location information provided by locating vendors. 3_2 - Public utility owners may not provide the locating service on private property or the property owner may have private underground improvements which cannot be cleared through the state notification center or public utility owners. In such situations, the Client is responsible for location of such utilities prior to drilling,or for payment of a private utility clearance subcontractor. 3_3-AET will not be responsible for any damages to"non-located"or incorrectly located underground utilities/improvements. SECTION 4-CONTAMINATION 4_3 - Client acknowledges and accepts that unavoidable contamination risks may be associated with AET's subsurface drilling, sampling and installation of monitoring devices. 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 known or suspected hazardous materials, drill cuttings and drill fluids;and decontamination of equipment and disposal and replacement of contaminated consumables.Client and AET agree that the discovery of unanticipated actual or suspected hazardous materials may make it necessary for AET to take immediate measures, including regulatory notification, to protect human health and safety, and/or the environment. Client and AET also agree that the discovery of such materials constitutes a changed condition which may result in added costs to the Client, and may require a renegotiation of work scope or termination of services. 4_2 - Pursuant to risks set forth in Section 4.1, which are inherent with AET's work performed on the Client's behalf, Client agrees to hold harmless and indemnify AET from and against liability associated with contamination resulting therefrom. ACS 402G(05/12) AMERICAN ENGINEERING TESTING,INC. GEOTECHNICAL SERVICE AGREEMENT-TERMS AND CONDITIONS Page 2 of 3 SECTION 5-SAFETY 5_1 - Client 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 discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate services.Client shall be responsible for payment of such additional protection costs. 5_2-AET shall only be responsible for safety of AET employees at the site.The Client or other persons shall be responsible for the safety of all other persons at the site. SECTION 6-SAMPLES 6_1-Client is responsible for informing AET of any known or suspected hazardous materials prior to submittal 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. 6_2-Non-hazardous samples will be held for 30 days and then discarded unless,within 30 days of the report date,the Client provides a written request that AET store or ship the samples,at the Client's expense. SECTION 7-PROJECT RECORDS The original project records prepared by AET will remain the property of AET.AET shall retain these original records for a period of three years following submission of the report,during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 8-STANDARD OF CARE AET performs its services consistent with the level 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. SECTION 9-INSURANCE AET maintains Worker's Compensation,Comprehensive General Liability,Automobile Liability and Professional Liability insurance,as described below.Upon request,prior to commencing the Services,AET can furnish Client with Certificates of Insurance evidencing that the insurance is in effect and in full force. 9_1 - Commercial General Liability insurance will include coverage for Products/Completed Operations (extending two (2) years after final acceptance of the Project by Owner or such longer period as the Contract Documents may require), Broad Form Property Damage including Completed Operations, Personal Injury, and Blanket Contractual Liability insurance applicable to AET's indemnity obligations under this Agreement. 9_2-Automobile Liability insurance shall include coverage for all owned,hired and non-owned automobiles. 9_3-Professional Liability Insurance is written on a claims-made basis and coverage will be maintained for two years after final acceptance of the Project by Owner or such longer period as the Contract Documents may require. Renewal policies during this period shall maintain the same retroactive date. 9_4-AET can, if requested by Client and permitted by AEI's insurer,endorse its Commercial General Liability(including Products/Completed Operations coverage)to add Client and/or Owner as an "additional insured"with respect to liability arising out of the Services performed for Client or Owner by AET.Such insurance afforded to Client and Owner as an additional insured under AET's policies shall be primary insurance and not excess over,or contributing with,any insurance purchased or maintained by Client or Owner. 9_5-AET will maintain in effect all insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available,and 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-). 9.6- AET reserves the right to charge Client for additional coverage,coverage limits or policy modification including waiver of subrogation and other project specific requirements not known at the time of our proposal,subject to approval by AET's insurance providers. SECTION 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 work shall be granted,and AET shall receive an equitable fee adjustment. SECTION 11-PAYMENT,INTEREST,AND BREACH 11.1 - Invoices are due on receipt. Client will inform AET of invoice questions or disagreements within 15 days of invoice date; unless so informed,invoices are deemed correct.In any case,Client shall pay for services of AET within 30 days of invoice. 11.2-Client agrees to pay interest on unpaid invoice balances at a rate of 1.5%per month,or the maximum allowed by law,whichever is less, beginning 30 days after invoice date. 11.3- If any invoice remains unpaid for 60 days, such non-payment shall be a material breach of this agreement. As a result of such material breach,AET may,at its sole option,terminate all duties to the Client or other persons,without liability as well as withhold any and all data from Client until such invoice payments are restored to a current status. 11.4-Client will pay all AET collection expenses and attorney fees relating to past due fees which the Client owes under this agreement. SECTION 12-MEDIATION 12.1- Except for enforcement of AEI's rights to payment for services rendered or to assert and/or enforce its lien rights, including without limitation assertion and enforcement of mechanic's lien rights and foreclosure of the same,Client and AET agree that any claim,dispute or other matter in 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 parry should fail to respond to a request for mediation within 60 days after the request,this requirement for mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings shall be of no force and effect. ACS 402G(05/12) AMERICAN ENGINEERING TESTING,INC. GEOTECHNICAL SERVICE AGREEMENT-TERMS AND CONDITIONS Page 3 of 3 12.2-Unless Client and AET mutually agree otherwise,mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall share the mediator's fee and any filing fees equally.The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 13-LITIGATION REIMBURSEMENT Payment of AET costs for Client lawsuits against AET which are dismissed or are judged substantially in AET's favor will be the Client's responsibility.Applicable costs include,but are not limited to,attorney and expert witness fees,court costs,and AET costs. SECTION 14-MUTUAL INDEMNIFICATION 14.1-AET agrees to indemnify Client from and against liability arising out of AET's negligent performance of the services,subject to Section 15 and any other limitations,other indemnifications or other provisions Client and AET have agreed to in writing. 14.2 - Client agrees to indemnify AET from and against liability arising from the negligent conduct of the Client, Owner, Client's Contractors/Subcontractors or other third parties, subject to any limitations, other indemnifications or other provisions Client and AET have agreed to in writing. 14.3-If Client has indemnity agreement with other persons,the Client shall include AET as a beneficiary. 14.4—AET's indemnification to the Client is limited solely to losses or damages caused by its failure to meet the standard of care and only to the extent of its negligence. 14.5-AET will not accept any obligation to defend Client other than to meet the standard of care. If a court of competent jurisdiction rules that defense is implied or if required by law,AET's obligation for the costs of defense is only to the extent due to AET's negligent acts,errors or omissions. SECTION 15-LIMITATION OF LIABILITY Client agrees to limit AET's liability to Client arising from AET's negligent acts, errors or omissions,such that the total liability of AET shall not exceed$20,000. SECTION 16—UNIONIZATION AET reserves the right to renegotiate an appropriate fee increase or to terminate its contract on three(3)days written notice to Client and will not accept any liability for any penalties or costs from Client, Owner and their successors, assignees, joint-venturers, Contractors and Subcontractors, or any other parties involved with the project for claims, liabilities, damages or consequential damages directly or indirectly related to AET being required to provide unionized personnel on the project. Reservation 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 17-POSTING OF NOTICES ON EMPLOYEE RIGHTS 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 Federal Regulations Part 471,Appendix A to Subpart A. The regulation also has a"flow-down"requirement for subcontractors under the prime agreement for subcontracts with a value of$10,000 or more. AET requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s)for the poster. SECTION 18-TERMINATION After 7 days written notice,either party may elect to terminate work for justifiable reasons. In this event,the Client shall pay AET for all work performed,including demobilization and reporting costs to complete the file. SECTION 19-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 AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. SECTION 20-GOVERNING LAW This Agreement shall be construed,and the rights of the parties shall be determined,in accordance with the Laws of the State of Minnesota. SECTION 21-ENTIRE AGREEMENT This agreement, including attached appendices, is the entire agreement between AET and Client. Regardless of method of acceptance of AET's proposal and general conditions by the Client,this agreement nullifies any previous written or oral agreements,including purchase/work orders. Any modifications to this agreement must be mutually acceptable to both parties and accepted in writing. No considerations will be given to revisions to AET's general conditions or alternate contract format submitted by the Client as a condition for payment of AET's accrued services. ACS 402G(05/12) AMERICAN ENGINEERING TESTING,INC.