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HomeMy WebLinkAbout2018-2860AMERICAN ENGINEERING TESTING, INC. April 16, 2018 City of Columbia Heights 63738 1h Avenue NE Columbia Heights, MN 55421 Attn: Ms. Kathy Young KYouna (cii?ColumbiaHeigfitsMN.gov 2018 -2860 CONSULTANTS ENVIRONMENTAL GEOTECHNICAL MATERIALS FORENSICS RE: Quality Assurance Testing Proposal 2017 39th Avenue State Aid Street Rehabilitation & Sidewalk Improvements SAP 113- 110 -010 Columbia Heights, Minnesota AET Proposal No. 20 -16723 Dear Ms. Young: Thank you for the opportunity to provide a proposal to perform testing services on the referenced projects. This proposal has been prepared in response to your recent request, dated April 5, 2018 and describes our understanding of the project, our anticipated scope of services, our unit rates, and an estimated total fee to perform these services. PROJECT INFORMATION The City of Columbia Heights (City) will be performing a street rehabilitation and sidewalk improvements project during the 2018 construction season. The project involves partial street reconstruction and sidewalk construction on 39th Avenue between Central Avenue (TH 65) and Huset Parkway /Jefferson Street, approximately '/3 mile. The project will be funded by State Aid Funds. Plans and Specifications were prepared by Bolton & Menk, Inc for the City of Columbia Heights. We understand Construction Inspection and Contract Management of the project will be performed by the City. Project work includes milling /reclaiming existing street surface, grading of inplace reclaimed material, construction of curb and gutter and sidewalk on the south side of the street, spot replacement of concrete curb and gutter on the north side of the street, pedestrian ramps, bituminous patching, bituminous paving and restoration. Utility construction would include storm sewer construction as well as manhole /catch basin replacement or modification. 550 Cleveland Avenue North I Saint Paul, MN 55114 Phone (651) 659 -9001 1 (800) 972 -6364 1 Fax (651) 659 -1379 1 www.amengtest.com I AA/EEO This document shell not be reproduced, except in full, without written approval from American Engineering Testing, Inc. City of Columbia Heights — 39th Ave State Aid Street Rehabilitation & Sidewalk Improvements AET Proposal No. 20 -16723 April 16, 2018 Page 2 of 6 GEOTECHNICAL INFORMATION A geotechnical exploration and analysis was performed for this project by Braun Intertec Corporation. The results were presented in their Geotechnical Evaluation Report dated June 14, 2017 (Braun Project No. B1704738). In the report, the site soil profile along 39th Avenue between Jefferson Street and Central Avenue is generalized as silty sand fill underlain by alluvial deposits and /or clayey sand glacial till. PROJECT APPROACH During the construction improvements, AET will provide experienced, MnDOT certified Engineering Technicians to perform sampling and material testing services in accordance with the 2017 State Aid for Local Transportation (SALT) Schedule of Materials Control and project specific testing requirements referenced in the project documents. For this project, Brian Arman will be AET's contact. He can be reached at (612) 685 -6571. We understand that the City will contract with MnDOT Metro Inspections for bituminous and concrete plant monitoring. SCOPE OF SERVICES Based on our review of the available plans and our experience with the City on similar projects, our anticipated scope of services is outlined below. These services will be provided on a part -time, will -call basis coordinated through authorized City field personnel. Soils Sampling and Testing Our estimate of the sampling and testing to be performed on the grading and base items is based on the requirements of MnDOT's "Specified Density Method" and in accordance with SALT Schedule of Materials Control. AET will perform MnDOT Relative Density testing (Proctor) as well as in -place density and moisture testing on the following materials: • Utility trench backfill. The MnDOT Dynamic Cone Penetrometer will be used to verify compaction on the granular sections, including Full Depth Reclamation, and the Aggregate Base sections of the project following the MnDOT Penetration Index procedures in accordance with the SALT Schedule of Materials Control. AET will perform the sampling of the aggregate base materials, and transport the samples to our St. Paul, Minnesota laboratory. City personnel will update AET on the schedule of material placement, material sources (including changes in source), and changes in quantities. City of Columbia Heights — 39th Ave State Aid Street Rehabilitation & Sidewalk Improvements AET Proposal No. 20 -16723 April 16, 2018 Page 3 of 6 Bituminous Subgrade Test -Roll Observations and Testing During or after final grading of the pavement subgrade soils, AET personnel will observe test - rolling of the pavement subgrade soils. These observations will be performed by a Staff Engineer on a will -call basis. Our scope of services will include the following: Observe the reaction /stability of the pavement subgrade soils as they are test - rolled by a loaded, tandem -axle dump truck. Evaluate the subgrade deflections under the wheel loads, and mark areas of excessive deflection. Areas of excessive deflection will be shown to personnel from the contractor and /or their subcontractors. We estimate a total of 2 site visits will be required to complete the test -roll observations of the pavement subgrades. Bituminous Pavement Sampling and Testing As bituminous paving is being completed, AET personnel will pick -up companion samples provided by the contractor, during each day of paving, and transport the samples to our St. Paul, Minnesota laboratory. Samples will be tested in our laboratory for MnDOT Gyratory Mix Properties as follows: • Gyratory Density (AASHTO T312) MnDOT Modified. • Rice Specific Gravity (ASTM D2041). • Asphalt extraction and aggregate gradation (ASTM D2172 Method E -11) MnDOT Modified C 137 and C 117. • Fine Aggregate Angularity (AASHTO T 304, Method A, MnDOT 1206.5). • Percent Crushed Particles (MnDOT 1214.8). AET will utilize the MnDOT program to determine random core locations of bituminous based on information provided by City personnel regarding tonnage (lot sizes) and pavement placement patterns. AET personnel will mark the sample locations in the field. The City will coordinate the removal of both the contractor and companion cores with the contractor. After the completion of the coring, AET will retrieve companion core samples from the project contractor for laboratory testing. This testing will include the following: • The thickness of each layer of the core sample. • The density of each layer of the core sample. Concrete Testing During the placement of concrete curb and gutter, sidewalk and pavements, AET will perform field testing consisting of slump, air content and temperature of the plastic concrete, followed by casting of cylinders for compression testing. The Schedule of Materials Controls requires field testing for slump, air content, and temperature per every 100 cubic yards of each type of concrete City of Columbia Heights — 39th Ave State Aid Street Rehabilitation & Sidewalk Improvements AET Proposal No. 20 -16723 April 16, 2018 Page 4 of 6 placed each day. Compressive strength cylinders (1 set of 3 cylinders) are required once per every 300 cubic yards of each type of concrete placed each day; the cylinders will be retrieved the following day for curing and testing in our laboratory. The 3 cylinders are to be tested at 28 -days. We are proposing to cast sets of 5 cylinders, with compressive strength testing as follows: 1 at 7 days, 3 at 28 days, and 5th cylinder will be held in reserve for future testing if the 28 -day strength requirement is not met. In addition to the concrete testing, AET will compile preliminary Weekly Concrete Reports and submit them to the City for review and submission to MnDOT. We have assumed City personnel will be compiling the concrete batch tickets, certificates of compliance, and AET's field test results of the plastic concrete, which we will provide each day we are onsite performing testing services. These records will need to be electronically submitted to AET on a weekly basis for preliminary completion of the MnDOT Weekly Concrete Reports. Concrete Plant Inspection This proposal does not incorporate the time and cost to perform concrete plant inspections. These services will be provided at your request. Bituminous Plant Inspection This proposal does not incorporate the time and cost to perform bituminous plant inspections. These services will be provided at your request. INDEPENDENT ASSURANCE AET staff will coordinate with the MnDOT office of Independent Assurance (IA) to schedule audits of AET field and laboratory staff performing sampling and testing for this project, if required. Through the MnDOT Tester Inventory form we will ensure all AET staff providing services to this project meet the requirements set forth by IA. REPORTING AET staff will prepare reports for the City to review. These reports will include the results of our field and laboratory testing as performed per the 2017 SALT Schedule of Materials Control and testing frequencies referenced in the project documents. AET will complete the Preliminary Grading and Base Report and the Final Grading and Base Report once provided with final project quantities. AET will compile preliminary MnDOT Weekly Concrete Reports throughout the project if the batch tickets for each weeks' placement are provided to AET by the project inspector. Daily field reports will also be prepared. AET will also provide a roster of certified personnel performing testing on the project. ESTIMATED FEES Our services will be provided on a unit cost basis according to the unit rates provided in the attached Fee Schedule Tabulations. Our invoices will be determined by multiplying the number of personnel hours or tests by their respective unit rates. City of Columbia Heights – 39th Ave State Aid Street Rehabilitation & Sidewalk Improvements AET Proposal No. 20 -16723 April 16, 2018 Page 5 of 6 We have estimated a "minimum required estimate" for the project which estimates the tests needed to satisfy the requirements as defined in the SALT Schedule of Materials Control and the project documents. The "likely needed estimate" is the cost that we anticipate will be required to complete the previously described testing services, based on our experience and assumed scheduling of the project. Therefore, we propose a budget cost estimate using the "likely needed" estimate for the scope of services for the project as outlined in this proposal. Our "likely needed" estimated fee is $6,980.20. We refer you to the attached Materials Testing Estimate as reference to how we arrived at this estimated cost for each project. We caution that this is only an estimated cost. Often, variations in the overall cost of the services occur due to reasons beyond our control, such as weather delays, changes in the contractor's schedule, unforeseen conditions or retesting. These variations will affect the actual invoice totals, either increasing or decreasing our total costs for the project from those estimated in this proposal. If more time or tests are required, additional fees may be needed to complete the project testing services. If less time or tests are needed, a cost savings will be realized. TERMS AND CONDITIONS All AET Services are provided subject to the Terms and Conditions set forth in the enclosed Construction Service Agreement —Terms and Conditions, which, upon acceptance of this proposal, are binding upon you as the Client requesting Services, and your successors, assignees, joint venturers and third -party beneficiaries. Please be advised that additional insured status is granted only upon written acceptance of the proposal. ACCEPTANCE AET requests written acceptance of this proposal in the Proposal Acceptance box below, but the following actions shall constitute your acceptance of this proposal together with the Terms and Conditions: 1) issuing an authorizing purchase order for any of the Services described in this proposal, 2) authorizing AET's presence on site, or 3) written or electronic notification for AET to proceed with any of the Services described in this proposal. Please indicate your acceptance of this proposal by signing below and returning a copy to us. When you accept this proposal, you represent that you are authorized to accept on behalf of the Client. City of Columbia Heights — 391h Ave State Aid Street Rehabilitation & Sidewalk Improvements AET Proposal No. 20 -16723 April 16, 2018 Page 6 of 6 GENERAL REMARKS AET appreciates the opportunity to provide this service for you and looks forward to working with you on this project. If you have any questions or need addition information, please contact me. Sincerely, American Engineering Testing, Inc. Prepared By- -P arnmed Khan Staff Engineer I Phone: (612) 600 -7860 Email: mkhan@amengest.com Reviewed By: ,,44a Anunson, P. E. Staff Engineer II Phone: (612) 685 -7172 Email: zanunson amen test.+com Attachments: Materials Testing Estimate Construction Service Agreement — Terms and Conditions W9 Certificate of Insurance AET PROPOSAL No.: 20 -16723 ACCEPTANCE AND AUTHORIZATION Signature �- ` '/' Date Typed /Printed Name: Walt Fehst,_City Manager Company: City of Columbia Heights, MN O O O r M r r a Q N V cv % C 4. L7 QwE~ U) L 2 M L E 7 O U 0 U M N ti w r O N O Z v O L- IL W Q O O ti d' O V II as r m E H W r U) O U eo O I— c A r Y d E E m L O T C CL N a 2 co E N w AMERICAN ENGINEERING TESTING, INC. Dear Client, CONSULTANTS ENVIRONMENTAL GEOTECHNICAL MATERIALS FORENSICS The following paperwork is enclosed: 1. AET's Proposal with Terms and Conditions (Please sign and return to your AET contact) 2. Proof of Insurance (Please give to your accounting department) 3. W9 (Please give to your accounting department) * * *If your company is South Dakota or Iowa Sales Tax exempt, please send your tax exempt certificate back with your signed proposal. Please let me know if you have any questions and thank you for choosing AET! Thank you, Jl O Robert Krogs and CFO, American Engineering Testing, Inc. 550 Cleveland Avenue North I Saint Paul, MN 55114 in Phone (651) 659-90011(800) 972-63641 Fax (651) 659 -1379 1 www,amengtest.com I AA/EEO This documant shall not be mWeducad, esrept in full, without vMttan approval {rem American €n ginwing Testing, Inc. CONSTRUCTION SERVICE AGREEMENT- TERMS AND CONDITIONS Page 1 of 4 SECTION 1- RESPONSIBILITIES 1_1 — This Service Agreement — Terms and Conditions ( "terms and conditions ") is applicable to all Services provided by American Engineering Testing, Inc. (AET). As used herein "Services" refer to the scope of Services described in the proposal submitted by AET to Client. The proposal, these terms and conditions and any appendices attached hereto shall comprise the Agreement between AET and Client for Services described in the proposal and are binding upon the Client, its successors, assignees, joint ventures and third -party beneficiaries. AET requests written acceptance of the Agreement, but the following actions shall also constitute Client's acceptance of the Agreement: 1 issuin an authorixin purchase order, task order or service order for any of the Services, 21 authorizing AET's presence on site, or 3) written or electronic notification for AET to proceed with any of the Services. Issuance of a purchase order, task order or service order by Client which contains separate terms and conditions will not take precedence or modify the terms and conditions contained in this Service 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 or changes are made during AET's Services, Client will provide such information to AET in a timely manner. Earthwork and construction activities are done to support a particular structure (type, size, and shape) or facility at a specific location and elevation. If the type of structure or facility (structural type, size, shape, location, elevation, etc.) changes, the earthwork or construction activities completed may no longer provide suitable structural support or be capable of supporting the intended construction. Additional earthwork or redesign of all or a part of the structure or facility may be needed. 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 - AET observes and tests earthwork and other construction operations and materials, and may provide opinions, conclusions and recommendations regarding the same. However, AET's Services do not relieve the contractors of their contractual responsibility to perform their work in accordance with approved plans, specifications and building code requirements. 1_4 - AET personnel do not have authority to accept, reject, direct or otherwise approve the work of the contractor. AET cannot stop work or waive or alter the requirements of the project documents. Any authority given to AET by Client must be in writing prior to the start of Services. 1_5 - 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. 1_6 - Services performed by AET often include sampling at specific locations. Client acknowledges the limitations inherent in sampling. Variations in conditions occur between and beyond sampled /tested locations. The passage of time, natural occurrences and direct or indirect human activities at the site or distant from it may alter the actual conditions. Client assumes all risks associated with such variations. 1_7 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1_8 - Should change in conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1_9 - Test borings and /or cone penetration test soundings to a proper depth below foundation grade and the base of suitable bearing soils are recommended for projects where supporting soils will be subjected to increased loads to explore the deeper unseen soil and ground water conditions. Judgments made by AET personnel regarding the suitability of materials and ground water conditions below the bottom of an excavation are limited if sufficiently deep test borings /soundings are not provided by the Client prior to our observations and judgments. AET's opinions, conclusions and recommendations are qualified to that extent. 1.10 — Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client requests modifications to the Agreement or use of Client's alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only to Services performed after the effective date of such amendment. The proposal and these terms and conditions, including terms of payment, shall apply to all Services performed prior to the effective date of such amendment. 1.11 —The AET proposal accompanying these terms and conditions is valid for ninety (90) days after the proposal issuance date to the Client. Any attempt to authorize Services after the expiration date is subject to AET's right to revise the proposal as necessary. SECTION 2 - WILL CALL SERVICES 2.1 - If AET's Services are performed on a will -call basis at the direction of the Client or its authorized representatives, Client acknowledges the inherent limitations associated with performing engineering judgments and testing Services on a will -call basis, including without limitation, the inability to completely evaluate, document or judge work and conditions not directly observed or tested by AET. AET's opinions, conclusions, and recommendations are qualified to the extent of those limitations. 2_2 - Density tests of fill soils represent conditions only at the locations and elevations tested and do not necessarily represent conditions laterally or below. AET can only provide judgments regarding the engineered fill system to adequately support the design construction loadings by monitoring the filling process on a continuous basis for consistency of soil type, moisture content, lift thickness, and compaction effort. 2_3 — AET requires a minimum of 24 hours notice of the need for Services. AET will not be liable for claims, damages, or delays related to failure of Client to provide adequate advance notice to AET. SECTION 3 - SITE ACCESS, UNDERGROUND FACILITIES AND CONSTRUCTION STAKING 3_3 - Client will furnish AET safe and legal site access. 3_2 - AET is not responsible for locating underground facilities on construction sites. Client shall ensure that underground facilities have been previously located and cleared. AET will not be responsible for any damages to underground facilities not located or incorrectly identified. An underground facility is an underground line, fixture, system, and its appurtenances used to produce, store, convey, transmit, or distribute communications, data, power, heat, gas, oil, petroleum products, water including storm water, steam, sewage, and similar substances. ACS 403C (01/18) AMERICAN ENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 4 3_3 -The location and elevation of a proposed structure or facility is staked (with offsets) and controlled by surveying or GPS equipment by others. AET's measurements are made in relation to that information. The reliability of any opinions, conclusions, and recommendations based on those measurements is strictly dependent on the accuracy of the staking or GPS information provided by others. 3_4 - During construction, observations and testing Services are based on the positioning of the formwork by the contractor or its subcontractor AET will not be responsible for any errors or damages resulting from improper location or positioning of the formwork. SECTION 4 - SAFETY 4_1 - Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. Client or its authorized representative(s) is responsible for the safety of the jobsite. 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 orto immediately terminate Services. Client shall be responsible for payment of such additional protection costs. 4_2 - AET shall only be responsible for safety of AET employees at the site; the safety of all others shall be Client's or other persons' responsibility. SECTION 5 - SAMPLES 5_1 - Client shall inform 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. 5_2 - Non - hazardous samples will be held for thirty (30) days and then discarded unless, within thirty (30) days of the report date, the Client requests in writing that AET store or ship the samples. Storage and shipping costs shall be borne solely by Client. SECTION 6 - PROJECT RECORDS The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a minimum of three years following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 7 - 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 8 - INSURANCE AET maintains insurance with coverage and limits shown below. AET will furnish certificates of insurance to Client upon request. 1_1 — AET maintains the following insurance coverage and limits of liability: Workers' Compensation Employer's Liability Commercial General Liability Automobile Liability Professional Liability Insurance Statutory Limits $100,000 each accident $500,000 disease policy limit $100,000 disease each employee $1,000,000 each occurrence $1,000,000 aggregate $1,000,000 each accident $1,000,000 per claim $1,000,000 aggregate 8_2 - Commercial General Liability insurance will include coverage for Products /Completed Operations extending one (1) year after final acceptance of the Project by Owner, Property Damage including Completed Operations, Personal Injury, and Contractual Liability insurance applicable to AET's indemnity obligations under this Agreement. 8_3 - Automobile Liability insurance shall include coverage for all owned, hired and non -owned automobiles. 8_4 - Professional Liability Insurance is written on a claims -made basis and coverage will be maintained for one (1) year after final acceptance of the Project by Owner. Renewal policies during this period shall maintain the same retroactive date. 8_5 - To the extent permitted by applicable state law, and upon Client's signing of the proposal, which includes these Terms and Conditions, and return of the same to AET, or Client provided forms of acceptance as defined in Section 1.1; Client and Owner shall be named an "additional insured" on AET's Commercial General Liability Policy (Form CG D4 14 04 08, which includes blanket coverage for Products /Completed Operations and on a Primary and Non- Contributory basis). Client and Owner shall also be named an "additional insured" on a Primary and Non- contributory basis on AET's Automobile Liability Policy (Form CA T4 74 02 12). Any other endorsement, coverage or policy requirement shall result in additional charges. 8_6 - AET will maintain in effect all insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available, with insurance carriers licensed to do business in the state in which the project is located and having a current A.M. Best rating of no less than A minus (A -). Such insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for the policy or ten (10) days' notice for non - payment of premium. ACS 403C (01/18) AMERICAN ENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3 of 4 8_7 - AET reserves the right to charge Client for AET's costs for additional coverage requirements unknown on the date of the proposal, e.g., coverage limits or policy modification including waiver of subrogation, additional insured endorsements and other project specific requirements. SECTION 9 - DELAYS If delays to AEI'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 Services shall be granted, and AET shall receive an equitable fee adjustment. SECTION 10- PAYMENT INTEREST AND BREACH 10.1- Invoices are due net thirty (30) days from the date of receipt of an undisputed invoice, but not greater than 45 days from the date of the invoice. Client will inform AET of invoice questions or disagreements within fifteen (15) days of invoice date; unless so informed, invoices are deemed correct. 10.2— Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its sole discretion and without limiting any other legal or equitable remedies for such breach, to terminate performance of this Agreement and be relieved of any associated duties to the Client or other persons. Further, AET may withhold from Client data and reports in AET's possession. If Client fails to cure such breach, all reports associated with the unpaid invoices shall immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the Services. 10.3 — AET reserves the right to secure any unpaid invoice utilizing available remedies at law. AET explicitly reserves its' Mechanic Lien or Bond Claim rights for nonpayment of an undisputed invoice. Client is responsible for paying AET expenses and attorney fees related to collection of past due invoices. SECTION 11- CHANGE ORDERS AET's proposal associated with this project provides an estimated cost for the work. If the proposal amount is a time and material estimate, or if changes occur affecting the project scope, estimated quantities, project schedule or other unforeseen conditions, AET will communicate with Client if AET's fees are approaching the proposal amount and request a change order. However, nothing in this agreement shall be construed in any way as a waiver of payment by Client to AET for services ordered under this agreement. Approval of a change order may be in writing or by electronic communication. SECTION 12 - MEDIATION 12_1 - Except for enforcement of AET'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 party fails to respond to a request for mediation within sixty (60) days, the party requesting mediation may without further notice, proceed to arbitration or the institution of legal or equitable proceedings. 12.2 - Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. 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 Except for matters relating to non - payment of fees, which is governed by Section 10 hereof, payment of attorney's fees and costs associated with lawsuits or arbitration of disputes between AET and Client, which are dismissed or are judged substantially in either party's favor, shall be paid by the non - prevailing party. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and AET costs. SECTION 14 - MUTUAL INDEMNIFICATION 14.1- Subject to the limitations contained in Sections 14 and 15, AET agrees to indemnify Client from and against damages and costs to the extent caused by AET's intentional acts or negligent performance of the Services. 14.2 - Client agrees to indemnify AET from and against damages and costs to the extent caused by the intentional acts or negligence of the Client, Owner, Client's contractors and subcontractors or other third parties. 14.3 - If Client has an indemnity agreement with other persons or entities relating to the project for which AET's Services are performed, the Client shall include AET as a beneficiary. 14.4 - AET's indemnification to the Client, including any indemnity required or implied by law, 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 or intentional acts. SECTION IS- MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES. Except as specifically set forth herein and to the extent permitted by applicable law, Client and AET waive against each other, and each other's officers, directors, members, subcontractor, agents, assigns, successors, partners, and employees any and all claims for or entitlement to special, incidental, indirect, punitive, or consequential damages arising out of, resulting from, or in any way related to the services provided by AET under this Service Agreement. This mutual waiver of consequential damages includes, but is not limited to, the following: loss of profits; loss of revenue; rental costs /expenses incurred; loss of income; loss of use of property, equipment, materials or services; loss of opportunity; loss of rent; loss of good will; loss of financing; loss of credit; diminution of value; loss of business and reputation; loss of management or employee productivity or the services of such persons; increased financing costs; cost of substitute facilities; cost of substitute goods /property /equipment; cost of substitute services; and /or cost of capital. This mutual waiver is applicable, without limitation, to all ACS 403C (01/18) AMERICAN ENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 4 of 4 consequential damages due to either party's termination of this Service Agreement in accordance with the provisions of the Service Agreement and related Documents and shall survive any such termination. SECTION 16 - LIMITATION OF LIA131LITY To the fullest extent permitted by applicable law, the total aggregate liability of AET's officers, directors, partners, employees, subcontractors, agents, and sub - consultants, to Client and /or Client's employees, officers, directors, members, agents, assigns, successors, or partners, or anyone claiming through Client, for any and all injuries, damages, claims, losses, or expenses (including attorney's fees and costs) arising out of, resulting from or in any way related to services provided by AETfrom any cause or causes, including, but not limited to, its negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty and shall not exceed the total compensation in excess of costs received by AET for services or $50,000, whichever is greater. The limitation of liability set forth herein does not apply to claims arising solely out of or related to the willful or intentional acts of AET. SECTION 17 — UNIONIZATION AET reserves the right to negotiate an appropriate fee increase or to terminate its contract on three (3) days written notice to Client without incurring penalties or costs from Client, Owner and their successors, assignees, joint- venturers, contractors and subcontractors, or any other parties involved with the project 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 18 - 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 79 Cade of federal Re ulnfions Anrr 473 A endixA ro Su6 nrt 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 19 - 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 Services performed, including demobilization and reporting costs to complete the file. SECTION 20 - 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 passible to expressing the intent of the original provision. SECTION 21- GOVERNING LAW This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regard to its conflicts of law provisions. SECTION 22- ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client. Regardless of method of acceptance of this Agreement by the Client, this Agreement supersedes any previous written or oral agreements, including purchase /work orders or other Client agreements submitted to AET after the start of our Services. Any modrications to this Agreement must be mutually acceptable to both parties and accepted in writing. No considerations will be given to revisions to AET's terms and conditions or alternate contract format submitted by the Client as a condition for payment of AET's accrued Services. ACS 403C (01 /18) AMERICAN ENGINEERING TESTING, INC. AMERCON -12 A_ ROM ACOR® DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 12/08/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Ann Ross PRODUCER NAME: HUB International Mountain States Limited rw� o mot); (661) 2g8 -5137 FA -0560 No):(651) 286 -0560 245 E. Roselawn Avenue, Suite 31 — - Saint Paul, MN 55117-1940 nis"6%L ss _ann.ross @hubinternational.com COVERAGES CERTIFICATE NUMBER: INSURER(S)_ AFFORDING COVERAGE _ i NAIC# THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INSURERA -The Phoenix Insurance Company 75623 INSURED INSURER B: Travelers Property Casualty Company of America 25674 AMERICAN CONSULTING SERVICES INC INSR ADOL SUBR t TYPE OF INSURANCE Iry, yyyp POLICY NUMBER POLICY " POtdCY EXP IMMlDDiYYYYI lMMIODlYYYY6 LIMITS AMERICAN ENGINEERING TESTING INC INSURER c - Travelers Casualty Insurance Company of Am_eric 19046 AMERICAN PETROGRAPHIC SERVICES INC iNsuRERD:Con'tinental Casualty Company 20443 550 CLEVELAND AVE N ST PAUL, MN 55114 -1804 INSURER E MED EXP L An one person) $ -Y - -- -- - - COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS._ INSR ADOL SUBR t TYPE OF INSURANCE Iry, yyyp POLICY NUMBER POLICY " POtdCY EXP IMMlDDiYYYYI lMMIODlYYYY6 LIMITS . A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,ODO CLAIMS -MADE I X OCCUR 630539K8896PHXIB 01/01/2018 01/01/2019 DAMAGE TORENTED S PREMISES (Ea occurrence) 50'000 S'Oa® MED EXP L An one person) $ -Y - -- -- - - 1,000.D00 PERSONAL &ADVINJURY $ 1,000,000 G AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S _EN'L X i POLICY JELQT -_ -! LOC PRODUCTS -COMPIOPAGG , S 1,000.000 OTHER' S B aacc dEent)SINIGLE LIMIT 1,000,000 AUTOMOBILE LIABILITY (Ea $ X ANY AUTO 810797K914000F18 01/01/2018 0110112019 'i_BODILY INJURY (Per.person) $ OWNED SCHEDULED AUTOS ONLY AUTOS 8SpOMY (Per accident)_ S ❑❑ AUTOS qIIT�NyJJURY (PeracEcldentDAMAGE S ONLY AUTOINY S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS -MADE AGGREGATE S DED RETENTION $ S C WORKERS COMPENSATION PER X STATUTE EERH_ AND EMPLOYERS' LIABILITY UB709K909318 YIN 01/01/2018 01/01/2019 100,000 ANY PROPRIETOR /PARTNER /EXECUTIVE ry f A E L. EACH ACCIDENT $ MFICERIMEMBER EXCLUDED? andatory in NH) E DISEASE -.EA EMPLOYEE S 100,000 If yyes, describe under DESCRIPTION OF OPERATIO below _ E L. DISEASE - POLICY LIMIT S 500,000 D PROF /POLL LIABILITY ECH254066939 01/01/2018 0110112019 "PER CLAIM 1,000,000 D RETRO:070287 ECH254066939 0110112018 01/01/201911 AGGREGATE 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ACORD 25 (ZU15 /03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE NSURANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Form Wei Request for Taxpayer (Rev. November 201 -1) Identification Number and Certification requ ste o0 of tkpanrrr3nt of the Treesxry send to the IRS. Intemal pemnueS moo ► 00 to wunv.fns.goV1FormW9 for instructions and the latest Information. xi C fi c, z v r� , ­vi tug wiuwrt on your,noome tax 2 Businass nameldisregardad entity name, Name I$ required on this line; do not laave this line blank. rrom above 3 Check appropriate box forfederal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ Individual/sole proprietor or ❑ C Corporation ED S Corporation ❑ Partnership ❑ Trustiestate single - member LLC ❑ Urnited liability company. Enter the tax classification (C -C corporation, S--S corporation, p- pannorshlp) iii Note: Check the appropriate box in the line above for the sax classification of the single- rnember owner. Do not check LLC if the LLC is classified as a single- member LLC that Is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for Lf.S. federal tax purposes. Otherwise. a single- mom bor LLC tha is disregarded from the owner should check the appropriate Wx for the tact classification of its owner. LJ Other(wso instructions) P. 5 Address (number, street, and apt. or suite no.) See Instructions. 550 Cleveland Ave. N, 6 City, state, a "d ZIP code 5t. Paul, MN 55714 7 List account numbers) here (apt >onal) rer tpenclrtcatlon NU nger 4 Exemptions (codes apply only to corfain entities, not individuals, see Instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code Of any) fApOos to accounts maMtalrmd outstdo do U.S,J Requoster's name and address (optioniq Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (5SN). However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it Is your employer identification number (EIN). If you do not have a number, see Mow to get a TIN, later. Note: If the account is in more than one name, see the Instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Lsocial security number - T or J Employer fdentitiication number f--1 —I AMMKIMUM ©©N Under penalties of perjury, I certify that: 1. The number shown on this farm is my correct taxpayer identification number (or 1 am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not beerl notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return real estate transactions, item 2 does not apply For mortgage interest paid, acquisition or abandonment of secured property, cancellation ebt, cc to utions to an individual retirement arrangement (IRA), and generally, payments other than interest an s, you are not required certification, but you must provide your correct TIN. See the instructions for Part 11, later. e Sign SIgnat4re of Hera 1 11.3. pe on s General Instructions ` Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W -9 and its instructions, such as legislation enacted after they were published, go to www.irs.govlFormK19. Purpose of Form An individual or entity (Form VV -9 requester) who Is required to life an information return vrith the IRS must obtain your correct taxpayer identification number MN) which may be your social socurity number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer Identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) Date ► • Form 1099 -DIV (dividends, incl&ding those from stocks or mutual funds) • Form 1099 -MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099 -B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099 -S (proceeds from real estate transactions) Form 1099 -K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098 -E (student loan Interest), 1098 -T (tuition) • Form 1099 -C (canceled debt) • Form 1099 -A (acquisition or abandonment of secured property) Use Form W -9 only If you are a U.S, person (including a resident alien), to provide your correct TIN, If you do notratum Form W -9 to the requester with a 77N, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form Vhf -9 (Rev. 11- 2017)