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2020-3005
A AMERICAN ENGINEERING TESTING, INC. March 26, 2020 City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 Attn: Ms. Kathy Young (KYoung@columbiaheightsmn.gov) RE: Quality Assurance Testing Proposal Project 1903, 1909, & 1802: 2020 Infrastructure Program S.A.P. 113-050-015 (Project 1802) Columbia Heights, Minnesota AET Proposal No. 20-22429 Dear Ms. Young: CONSULTANTS ·ENVIRONMENTAL ·GEOTECHNICAL ·MATERIALS ·FORENSICS 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 by email on March 16, 2020, 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 (the City) will be performing a street infrastructure improvements project during the 2020 construction season. Work for Project 1903 and 1802 is anticipated to begin spring 2020 and be completed October 30, 2020. Work for Project 1909 is anticipated to begin spring 2020 and be completed June 15, 2020. The project area will include: •Project 1903: 39 th Avenue from Johnson Street to Arthur Street; Arthur Street from 39th Avenue to 40th Avenue; Sections of Benjamin Street and Stinson Boulevard •Project 1909: Polk Street •Project 1802: 5th Street from 50 th A venue to 5 pt Avenue; 6th Street from 50th A venue to 5pt Avenue Project 1903 and 1909 will be funded with municipal funds. Project 1802 will be funded with state aid and municipal funds. Plans and Specifications were prepared by the City. We understand Construction Inspection and Contract Management of the project will be performed by the City. The project includes grading, aggregate base, sanitary sewer, storm sewer, watermain, curb and gutter, bituminous pavement, concrete sidewalk, pedestrian ramps, concrete driveway, concrete apron. 550 Cleveland Avenue North I Saint Paul, MN 55114 Phone (651) 659-9001 I (800) 972-6364 I Fax (651) 659-1379 I www.amengtest.com I AA/EEO This document shall not be reproduced, except in full, without written approval from Arnerican Engineering Testing, Inc. Contract # 2020-3005 City of Columbia Heights -Project 1903, 1909, & 1802: 2020 Infrastructure Program AET Proposal No. 20-22429 March 26, 2020 Page 2 of 6 GEOTECHNICAL IN FORMATION To our knowledge, a preliminary geotechnical exploration program has not been conducted for this project. Because of this, we cannot comment on the soil conditions at depth. Our judgments will be based only on those soils which we observe in the excavations and those present to the depths explored at our shallow hand auger boring and hand cone penetrometer probe locations. To further explore the soil conditions below these depths, deeper penetration test borings are needed. 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 2019 State Aid for Local Transportation Schedule of Materials Control (2019 SALT SMC) and project specific testing requirements referenced in the RFP. For this project, Justin Staker will be AET's contact. He can be reached at (651) 523-1265 (office). 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, 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 the 2019 SALT SMC. 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 and Class 5 Aggregate Base sections of the project following the MnDOT Penetration Index procedures in accordance with the 2019 SALT SMC. AET will perform the sampling of the granular and Class 5 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. 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, City of Columbia Heights -Project 1903, 1909, & 1802: 2020 Infrastructure Program AET Proposal No. 20-22429 March 26, 2020 Page 3 of 6 Minnesota laboratory. Samples will be tested in our laboratory for MnDOT Gyratory Mix Properties as follows: •Gyratory Density (AASHTO T 312) MnDOT Modified •Rice Specific Gravity (ASTM D2041) •Asphalt Extraction and Aggregate Gradation (ASTM D2172 Method E-11) MnDOT Modified Cl37 and Cl 17 •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. We assume City personnel will mark the core locations in the field. This proposal does not incorporate the time and cost to mark the core locations. These services will be provided at your request. 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 Sampling and Testing During the placement of concrete, AET will perform field testing consisting of slump, air content, temperature of the plastic concrete, and casting of cylinders for compression testing. The 2019 SALT SMC requires field testing for slump, air content, and temperature per every 100 cubic yards of each type of concrete 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 the 5th cylinder will be held in reserve for future testing if the 28-day strength requirement is not met. 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 on-site performing testing services. Concrete and Bituminous Plant Inspection This proposal does not incorporate the time and cost to perform concrete or bituminous plant inspections. These services will be provided at your request. City of Columbia Heights -Project 1903, 1909, & 1802: 2020 Infrastructure Program AET Proposal No. 20-22429 March 26, 2020 Page 4 of 6 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 2019 SALT SMC and testing frequencies referenced in the project documents. For Project 1802, AET will complete the Preliminary Grading and Base Report and the Final Grading and Base Report, once provided with final project quantities. Daily field reports will also be prepared. AET will also provide a roster of certified personnel performing testing on the project, as well as the completed IA report (if required). 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. ESTIMATED FEES Our services will be provided on a unit cost basis according to the unit rates provided in the attached Materials Testing Estimate. Our invoices will be determined by multiplying the number of personnel hours or tests by their respective unit rates. The rates are from the annual fee schedule for 2020 projects. We have estimated a "minimum required estimate" for the project which estimates the tests needed to satisfy the requirements as defined in the 2019 SALT SMC 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 $11,264.50 for Project 1903/1909 and $11,486.25 for Project 1802. The total "likely needed" estimated fee is $22,750.75. 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. We will not, however, exceed the estimated total cost for the project without first obtaining your authorization. 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, City of Columbia Heights-Project 1903, 1909, & 1802: 2020 Infrastructure Program AET Proposal No. 20-22429 March 26, 2020 Page 5 of 6 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. 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: Reviewed By: J2±st!:; 1:.1:<� Engineer I Engineer II Phone: (651) 523-1265 Phone: (651) 659-1368 Email: jstaker@amengtest.com Email: zanunson@amengtest.com City of Columbia Heights -Project 1903, 1909, & 1802: 2020 Infrastructure Program AET Proposal No. 20-22429 March 26, 2020 Page 6 of 6 Attachments: Materials Testing Estimate Construction Service Agreement -Terms and Conditions Certificate of Insurance W9 AET PROPOSAL No. 20-22429 ACCEPTANCE AND AUTHORIZATION Typed/Printed Name: Donna Schmitt, Mayor Signature:� � Typed/Printed Name: Kelli Bourgeois, City Manager Date: 1.\-;>1-� Date: 4--'-\-�� City: City of Columbia Heights-------�-----�---------------- Ii AMERICAN ENGlNEERlNG TESTING, INC. Materials Testing Estimate for 2020 Infrastructure Program -2019 SALT SMC Project 1903 & 1909; Columbia Heights, Minnesota Material Quantity Trips Hours Agency Testing & Frequency # of Tests Units Minimum Likely Watermain 3,011 Proctor (1 /soil type) 1 4 Storm Sewer (note 2, 5) LF 12 20 22 Specified Dens. Nuc. Gauge (2/2 Sta/below & above 3') 36 40 Sanitary Sewer 323 Moisture Content (1/10000 CY, 10 max) 2 2 TON 190 Gradalion (1140000 CY) Granular Borrow (if needed) (note 1) (CY) (127) Penetration Index DCP (1/2000 CY) Moisture Content (1/10000 CY, 10 max) Granular Foundation (If needed) (note 1) TON 471 Gradation (1 /source) Pipe Bedding Material (if needed) TON 811 1 2 Gradation (1 /source) 1 1 Gradation (2_per lot, 1 lot s 4000 TON) 2 2 Aggregate Base Class 5 TON 3,025 4 5 DCP 11/1000 TONI, assumes not test rolled 4 6 (CY) (1,681) Moisture Content (1/1000 CY, 10 max) 2 2 Bitumen Content {Engineer's discretion) Bituminous -SP WE/NW TON 1,463 2 3 MnDOT Gyratory Mix Properties (1/day/mix type) 2 2 Companion Core Density 8 8 Common Topsoil Borrow CY 394 Topsoil Borrow Testing {Engineer's discrnllon) Plastic Concrete Testing (1 set of tests/100 CY) -Included in hourly rate Concrete -Sidewalk, Curb & Gutter, Driveway, CY 210 5 13 Cylinder Molds {5 cylinders/300 CY) 15 25 Apron (note 2) Concrete Compressive Strength, Curing, & Handling 4x8 Cylinders 15 25 Concrete sample pick up from job site 3 5 32 45 Notes: 1. Per the 2019 SALT SMC, less than 500 tons (250 CY) may be accepted by the Engineer without testing. 2. Material quantities are estimated based upon Statement of Estimated Quantities, conversions, and plans. 3. Number of "Likely" bituminous samples, cores, and trips assumes 2 days of paving (700 to BOO tons per day). Assumes testing of all companion cores and no longitudinal density cores. 4. We have not included time for marking bituminous core locations. We have included time for determing the random bituminous core locations, 5. Modified to the material testing rates presented in RFP. Time and Mileage Unit Rate {S) Minimum Quantity Likely Quantitv Minimum Cost Likely Cost Mileage Mile 0,75 480 510 360.00 382.50 Technician Time Hour 91.00 45 49 4,095.00 4,459.00 Project Management Hour 134,00 10 12 1,340.00 1,608.00 Subtotal= 5,795.00 6,449.50 Minimum Likel Estimate prepared by: Justin Staker Total Cost Estimate = 9,555.00 11,264.50 Cost per Cost($) Test($) Minimum Likely 145,00 145.00 580.00 30,00 1080,00 1200.00 13.00 26.00 26.00 105.00 0.00 a.co 50.00 0,00 0.00 13.00 0,00 0.00 105.00 0.00 0.00 105.00 105.00 105.00 105,00 210.00 210.00 50.00 200,00 300.00 13.00 26.00 26.00 225.00 0.00 0.00 500.00 1000.00 1000.00 46.00 368.00 368.00 300.00 0,00 0.00 3.00 45.00 75.00 22.00 330,00 550.00 75.00 225.00 375,00 Subtotal= 3,760.00 4,815.00 AMERICAN ENGINEERING TESTING, INC. Materials Testing Estimate for 2020 Infrastructure Program -2019 SALT SMC Project 1802, SAP 113-050-015; Columbia Heights, Minnesota Material Units Quantity Trips Hours Agency Testing & Frequency # of Tests Minimum Likely Watermain 666 Proctor (1 /soil type) 1 4 Sanllary Sewer LF 6 8 11 S�cifled Dens Nuc, Gauge (2/2 Sta/below & above 3') 10 16 (note 2, 5) Moisture Content (1110000 CY, 10 max) 1 1 TON 494 Gradation (1/40000 CY) 0 1 Select Granular Borrow (if needed) (note 1) (CY) (329) 2 3 Penetration Index DCP (1 /2000 CY) 0 2 Moisture Content (1110000 CY, 10 max) Granular Foun1fatlon (if needed) (note 1) TON 54 Gradalion (1/source) Pipe Beddlng Material Of needed) (nofe 1) TON 54 Gradation (1/source) Gradation (2 per lot, 1 lot� 4000 TON) 2 2 Aggregate Base Class 5 TON 3,147 3 4 DCP (1/1000 TON). assumes not test rolled 4 6 Moisture Content (1/1000 CY. 1 O max) 4 4 Bitumen Content (Engineer's discretion) Bituminous· SP WE/NW TON 1,031 2 3 MnDOT Gyratory Mix Properties (1/day/mix type) 2 2 Companion Core Density 4 6 Common Topsoil Borrow CY Topsoll Borrow Testing (Engineer's dlscrellon) Plastic Concrete Testing (1 set of tests/100 CY) ·Included In hourly rate Concrete -Sidewalk, Pedestrian Ramps, Curb & CY 225 10 26 Cylinder Molds (5 cylinders/300 CY) 15 50 Gutter, Driveway, Apron (note 2) Concrete Compressive Strength, Curing, & Handling 4x8 15 50 Cylinders Concrete sample pick up from job site 3 2 25 47 Notes: 1. Per the 2019 SALT SMC, less than 500 tons (250 CY) may be accepted by the Engineer without testing. 2. Material quantities are estimated based upon Statement of Estimated Quantities, conversions, and plans. 3. Number of "Likely" bituminous samples, cores, and trips assumes 2 days of paving (500 to 600 tons per day). Assumes testing of all companion cores and no longitudinal density cores. 4. We have not included time for marking bituminous core locations. We have included time for determing the random bituminous core locations. 5. Modified to the material testing rates presented in RFP. Time and Mileage Unit Rate($) Minimum Quantity Likelv Quantitv Minimum Cost Likely Cost Mileage Mile 0.75 725 783 543.75 587.25 Technician Time Hour 91.00 47 51 4,277.00 4,641.00 Project Management Hour 134.00 11 13 1,474.00 1,742.00 Subtotal= 6,294.75 6,970.25 Minimum Likely Estimate prepared by: Justin Staker Total Cost Estimate = 8,998.75 11.486.25 Cost per Cost($) Test($) Minimum Likely 145.00 145.00 580,00 30.00 300,00 480.00 13.00 13.00 13.00 105,00 o.oa 105.00 50 .00 0.00 100.00 13.00 a.co 0.00 105.00 0.00 0.00 105.00 0,00 0.00 105.00 210.00 210.00 50.00 200.00 300.00 13.00 52.00 52.00 225.00 0.00 0,00 500.00 1000,00 1000,00 46,00 184.00 276,00 300,00 0,00 0,00 3.00 45.00 150.00 22.00 330,00 1100.00 75.00 225.00 150.00 Subtotal= 2,704.00 4,516.00 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 ("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 ("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: 11 issuing an authorizing purchase order. task order or service order for any of the Services. 2) 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 their Client and/or Owner which contain flow-down provisions to AET, 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 -ON CALL SERVICES 2.1-If AET's Services are performed on an on-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 an on-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 3.1 -Client will furnish AET safe and legal site access. 3.2-With the exception of public utilities which AET will contact state "call before you dig" notification centers (e.g. Gopher State One call in Minnesota), Client will mark or cause to be marked the location of all other underground utilities and structures (Facilities) that service or are located on the site. AET shall be entitled to rely upon the accuracy of all location information supplied by any source. 3.3 -Client shall hold harmless, indemnify and defend AET from all claims, damages, losses, fines, penalties and expenses (including attorney's fees) arising out of or related to the following: a) Facilities that are not shown or vary from the locations shown on any plans or drawings, b) Facilities that are not located by or vary from the locations marked by Client, governmental or quasi-governmental locator programs, or private utility locating services, or c)any other Facilities that are not disclosed or vary from locations provided by the Client. The obligation to defend AET shall be independent of the obligation to indemnify and hold harmless AET and shall be with independent counsel acceptable to AET. ACS 403C (01/20) AMERICAN ENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT -TERMS AND CONDITIONS Page 2 of 4 3.4 -The location and elevation of a proposed structure or facility shall be staked (with offsets) ard 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. 3.5 -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 or to 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 -INSURAN CE AET maintains insurance with coverage and limits shown below. AET will furnish certificates of insurance to Client upon request. 8.1-AET maintains the following insurance coverage and limits of liability: Workers' Compensation Employer's Liability Commercial General Liability Automobile Liability Professional/Pollution 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 completion of AET's Services, 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 completion of AET's Services. 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. 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. ACS 403C (01/20) AMERICAN ENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT -TERMS AND CONDITIONS Page 3 of 4 SECTION 9 -DELAYS If delays to AET's Services are caused by Client or Owner, other parties, strikes, natural causes, weather, or other items beyond AET's control, a reasonable time extension for performance of the 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 and each party shall pay their own legal fees. 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 15 -NON-SOLICITATION Each party to this Agreement (a "Party") agrees that it will not encourage, induce, or actively solicit any employee of the other party to leave their employment for any reason, provided that neither Party is precluded from (a) hiring any such employee who has been terminated by a Party or its subsidiaries prior to commencement of employment discussions between a Party and such employee, or (b) soliciting any such employee by means of a general advertisement or through an employment agency that does not specifically pursue the employee, or (c) hiring employees or former employees of the other Party who contact the Party on its own accord. This Non-Solicitation provision shall be effective and enforceable for six (6) months following termination of this Agreement. SECTION 16-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 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 consequential damages due to either party's termination of this Agreement in accordance with the provisions of the Agreement and related documents and shall survive any such termination. ACS 403C (01/20) AMERICAN ENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT -TERMS AND CONDITIONS Page 4 of 4 SECTION 17 -LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, the total aggregate liability of AET and its 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 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 18-UNIONIZATION AET reserves the right to negotiate an appropriate fee increase or to terminate this Agreement 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 19 -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 at29 Code o{Federal Reqularions Part 471. Appendix A toSubpart 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 20 -TE RMINATION 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 21-SEVERABILITV 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 22 -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 23 -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 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 terms and conditions or alternate contract format submitted by the Client as a condition for payment of AET's accrued Services. ACS 403C (01/20) AMERICAN ENGINEERING TESTING, INC. AMERCON-12 KREYNOLDS1 ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) 12/2/2019 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). PRODUCER HUB International Mountain States Limited 245 E. Roselawn Avenue, Suite 31 Saint Paul, MN 55117-1940 ----INSURED AMERICAN CONSUL TING SERVICES INC dba AMERICAN ENGINEERING TESTING INC AM PETROGRAPHIC SERVICE 550 CLEVELAND AVE N ST PAUL, MN 55114-1804 COVERAGES CERTIFICATE NUMBER· ��ti�cr A� RossPHONE (AIC, No, Exit: (651) 288-5137 . rie�, No):(651) 286-0560 itcf��ss, ann.ross@hubin ternational.com IN_SUR�Rl�)__&ffQ�D!NG co_vg�G� : INSURER A: The Phoenix Insurance Company -------- I INSURER B : The Travelers Indemnity Company of America I ---•• ----------------------· -----• --�LIIISU�R c: Travelers Property _C:ll!Ulllt}t_C_c,mp!_llY _ _()_f America NAIC# _25623 -·. -�566EL .. 25674 ... _INSURER o: The Travelers Indemnity_ Compjlny ____ --�-U�I!. -- �URER_E: Contjnental g��uaJ!y ComP.i!...l'!Y_ INSURER F: --- REVISION NUMBER- 20443 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. l�f:TYPE OF INSURANCE A X COMMERCIAL GENERAL LIABILITY '. CLAIMS-MADE i X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: ·--.. POLICY _){_" rrBr ---LOG OTHER: 8 AUTOMOBILE LIABILITY X ANYAUTO OWNED AUTOS ONLY �lfMsoNLY SCHEDULED AUTOS __J �8tb��Nl� C X ' UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE DED X . RETENTION$ 0 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / _tl ANY PROPRIETOR/PARTNER/EXECUTIVE QfFICER/MEMBER EXCLUDED? , N (Mandalo,yln NH) �l���8� �f�PERATIONS DelOw E PROF/POLL LIABILITY E RETRO: 070287 �J'� �� POLICY NUMBER NIA P630539K8896PHX20 8102L6457121943G ,CUP3K2260091943 UB9H9151011943G ECH254066939 ECH254066939 I 1/1/2020 1/1/2020 1/1/2020 1/1/2020 1/1/2020 1/1/2020 1/1/2021 LIMITS EACH OCCURRENCE S OAMAGE TO REITTED PREMISES (Ea QCCUrrence) __ I_$_ MED EXP (Ally one �.2_n) _!_ S PERSONAL & ADV INJURY . $ __ GENERAL AGGREGATE $ c.fRODUCTS -COM P/OP AGG . $ COMBINED SINGLE LIMIT (Ea ru:cfdanl) s 1/1/2021 . e.9mY 11-JJURY (P_e[pB[�O_rll__._$_ 2,000,000 � ,000 10,000 2,000,000 4,000,000 4,ooo;ooo 2,000,000 __ BODILYINJURY{Peraccidant) $ _______ _ PROPEl'!JY DAMAGE _(Peracoder111 s _____ __ 1/1/2021 1/1/2021 EACH OCCURRENCE AGGREGATE EL. EACH ACCIDENT OTH· ER s s $ s EL DISEASE -EA EMPLOYEE $ E.L DISEASE -POLICY LIMIT S 1/1/2021 EACH CLAIM 1/1/2021 AGGREGATE 10,000,000 10,000,000 1,000;000 ·1;ooo,ooo 1,000,000 10,000,000 15,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)RENEWALS: contracts@amengtest.com CERTIFICATE HOLDER CA NC ELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ILLUSTRATION CERTIFICATE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUlliORIZED REPRESENTATIVE jt:>��..,,,, ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Form W-9 Request for Taxpayer Give Form to the (Rev. October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Servlae .., Go to www.frs.gov/FormW9 for instructions and the latest Information. 1 Name (as shown on your Income tax return). Name Is required on this llne; do not leave this line blank. American Engineering Testing, Inc. 2 Business name/disregarded entity name, rt dlffereot from above c-i 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to 1ollowlng seven boxes. certain entitles, not Individuals; sea 0 Trust/estate instructions on page 3): C 0 lndlviduaVsole proprietor or 0 C Corporation 0 S Corporation 0 Partnership 0 • CII single-member LLC Exempt payee code or any) C11 C !�D Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnershlp) � as Note: Check the appropriate box in the line above for the tax classification of the single-member-owner. Do not check Exemption from FATCA reporting ... CII LLC 11 the LLC Is classified as a single-member LLC that Is disregarded from the owner unless the owner of the LLC Is code (if any) ·e .s another LLC that Is not disregarded from !he owner for U.S. federal tax purposes. Otherwise, a single-member LLC that 11. () is disregarded from the owner should check the appropriate box for the tax classification of its owner. D Other (see instructions) � (ApplfN to accounts mwntjj}necJ outsi<1t1 the U.S.) 12. 5 Address (number, street, and apt, or suite no.) See Instructions. Requester's name and address (optional) en al 550 Cleveland Avenue North 6 City. state, and ZIP code Saint Paul, MN 55114 7 List account number(s) here (optlonaQ -� 1111•Taxpayer Identification Number (TIN) J Social security number I Enter your TIN in the app_ropri�te box. :h� TIN provided must. match t�e name given on line 1 to avoid backup withholding. For 1ndlv1duals, this Is generally your social security number (SSN). However. for a [II] [I] I I I I I 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 How to get a . . . . . TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and ,.;I -=E,...m-p-=-lo_y_e _r l�d,...e-nt"'m=-c-a""t1-on-nu-m--=-bo_r ___ -, Number To Give the Requester for guidelines on whose number to enter. Certification Under penalties of pe�ury, I certify that: 41 -0 977521 1. The number shown on this form is my correct taxpayer identification number (or I 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 been notified by the Internal RevenueService (IRS) that I am subject to backup withholding as a result of a !allure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I 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. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or aban donment of secured property, cancellatio of debt, contributions lo an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to · n the' ertiflcation, but .you must provide your correct TIN. See the Instructions for Part II, later. Sign Signature 1 .:.H.:..:e::r_:e:..__1_�U:::.S::.·!'.:P8:_:r_:s �:.......4-'.:-!...!:1./t.'.!:::::7!}.._.....,;��::::::=;_.:c.:L:..... ________ .....::D::e::te::..:�:....._ / 4...,1;:;:.,,c:: _________ _ General Instructions •Form 1099-DIV (dividends, incl In 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.lrs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester} Who Is required to me an information return wllh the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN). individual taxpayer ldentmcation number {!TIN), 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 Onterest earned or paid) Cat. No. 10231X 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 not retum Form W-9 to the requester with a TIN, you mightbe subject to backup withholding. See What Is backup withholding, later. Form W-9 (Rev. 10·2018)