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2020-3007
A AMERICAN ENGINEERING TESTING, INC. March 18, 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 1907: 37th Ave Bituminous Trail Columbia Heights, Minnesota AET Proposal No. 20-22427 Dear Ms. Young: CONSULTANTS · ENVIRONMENTAL · GEOTECHNICAL · MATERIALS · FORENSICS Thank you for the opportunity to provide a proposal to perform testing services on the referenced project. 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 new bituminous trail project during the 2020 construction season. Work is anticipated to begin spring 2020 and be substantially complete July 1, 2020. The project will include 37th Avenue from 5th Street NE to Central Avenue. The project will be funded with municipal funds. Plans were prepared by the City. We understand Construction Inspection and Contract Management of the project will be performed by the City. The project includes aggregate base, curb and gutter, valley gutter, bituminous trail, concrete sidewalk, pedestrian ramps, concrete driveway, concrete apron, concrete stairs, and modular block retaining wall. GEOTECHNICAL INFORMATION 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. 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 American Engineering Testing, Inc, Contract # 2020-3007 City of Columbia Heights -Project 1907: 37th Ave Bituminous Trail AET Proposal No. 20-22427 March 18, 2020 Page 2 of 5 PROJECT APPROACH During the construction improvements, AET will provide 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). For this project, Justin Staker will be AET's contact. He can be reached at (651) 523-1265 (office). 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 The MnDOT Dynamic Cone Penetrometer will be used to verify compaction on the Class 5 Aggregate Base following the MnDOT Penetration Index procedures in accordance with the 2019 SALT SMC. AET will perform the sampling of the 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. Retaining Wall Soil Testing During placement of fill behind the retaining wall, an Engineering Technician will visit the site on a will-call basis to test the compaction of the fill. The technician will perform the following services: •In-place field density tests to evaluate the compaction of the fill soils using a nuclear density gauge. •Standard Proctor tests for each different type of fill encountered at the test locations. 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 T 312) MnDOT Modified •Rice Specific Gravity (ASTM D2041) •Asphalt Extraction and Aggregate Gradation (ASTM D2172 Method E-11) MnDOT Modified C137 and Cl 17 •Fine Aggregate Angularity (AASHTO T 304, Method A, MnDOT 1206.5) •Percent Crushed Particles (MnDOT 1214.8) City of Columbia Heights -Project 1907: 37th Ave Bituminous Trail AET Proposal No. 20-22427 March 18, 2020 Page 3 of 5 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 of3 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. 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. Daily field reports will also be prepared. 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$ 6,479.25. We refer you to the attached Materials Testing Estimate as reference to how we arrived at this estimated cost. 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. City of Columbia Heights -Project 1907: 37th Ave Bituminous Trail AET Proposal No. 20-22427 March 18, 2020 Page 4 of 5 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 -Project 1907: 37th Ave Bituminous Trail AET Proposal No. 20-22427 March 18, 2020 Page 5 of 5 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: J1±st� i:!.z.b-Engineer I Engineer II Phone: (651) 523-1265 Phone:(651)659-1368 Email: jstaker@amengtest.com Email: zanunson@amengtest.com Attachments: Materials Testing Estimate Construction Service Agreement -Terms and Conditions Certificate of Insurance W9 AET PROPOSAL No. 20-22427 ACCEPTANCE AND AUTHORIZATION Signature: iJ6\ua /( JJ�jf Date: 4-.)\· 2,ag, Typed/Printed Name: Donna Schmitt, Mayo r Sig11atu1·e:� �Date: L\��-� Typed/Printed Name: Kelli Bourgeois, City Manager City: City of Columbia Heights -------�-------='------------------- AMERICAN ENGINEERING TESTING, INC. Materials Testing Estimate for Project 1907: 37th Ave Bituminous Trail-2019 SALT SMC Columbia Heights, Minnesota Material Units Quantity Trips Hours Agency Testing & Frequency Gradation (2 per lot, 1 lot � 2000 CY) Aggregate Base Class 5 CY 692 3 5 DCP (1/500 CY), assumes nol iesl rolled Moistu1e Content (1/1000 CY, 10 max) Bitumen Content (Engineer's dtscretion) Modular Block Retaining Wall SF 2,159 4 7 Proctor (1/soil type) Specified Density Nuclear Gauge (1/500'/Var. depihs) Bituminous -3" Trail TON 640 1 2 MnOOT Gyralory Mix Properties (1/day/mlx type) Topsoil Borrow CY 505 Topsoil Borrow Tesllng (Engineer's discretion) Plastic Concrete Testing (1 set oftests/100 CY)-lncluded in hourly rate Concrete -Sidewalk, Pedestrian Ramps, Curb & CY 165 5 14 Cylinder Molds (5 cylinders/300 CY) Gutter, Driveway, Apron, Steps (note 1) Concrete Compressive Strength, Curing, & Handling 4x8 Cylinders Concrete sample pick up from job site 13 28 Notes: 1. Material Quantities are estimated based upon Statement of Estimated Quantities, standard conversions, and plans. 2, Number of "Likely" bituminous samples and trips assumes 1 day of trail paving. Time and Mileage Unit Rate($) Minimum Quantity Likely Quantity Minimum Cost Mileage Mile 0.75 221 255 165.75 Technician Time Hour 91.00 28 32 2,548.00 Project Management Hour 134.00 4 5 536.00 Subtotal= 3,249.75 Minimum Likel Estimate prepared by: Justin Staker Total Cost Estimate = 4,677.75 6,479.25 # of Tests Minimum Likely 2 2 2 6 1 2 1 4 2 8 1 1 10 25 10 25 2 3 Likely Cost 191.25 2,912.00 670.00 3,773.25 Cost per Cost($) Test($) Minimum Likely 105.00 210.00 210,00 50.00 100.00 300.00 13.00 13.00 26.00 225.00 0.00 0,00 145.00 145.00 580.00 30.00 60.00 240.00 500.00 500,00 500.00 300.00 0.00 0.00 3.00 30.00 75.00 22.00 220.00 550.00 75.00 150.00 225.00 Subtotal= 1,428.00 2,706.00 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: 1) issuing an authorizing purchase order. task order or service order for any of the Services, 21 authorizing AET's presence on site, or 31 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. CONS TRUCTION 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) 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. 3.5 -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 S -SAMPLES S.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 -PR OJECT RECORDS The original project records prepared by A ET 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. 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 e><tending 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 e><tent 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 ANO 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 at 29 Code of Federal Requlotion5 Port 471. Appendix A to Subpart A. The regulation also has a "flow-down" requirement for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster. SECTION 20 -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 21-SEVERABILITY Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. SECTION 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 (MMIDDIYYYYI � 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 ho lder 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· �RNTAcT Ann Ross. ME: PHONE ( 288 (A/C, No, Elill:__ 651) __:-5137 F�t No):(_651) 286-0560 i�D'}lkss: ann.ros s@hubinternational.com )N�UR_ER(�) AFFORDING COVERAGE tt:!S!fRERA: Jhe Phoenix Insurance �omp�ny INll!fR_!:M_: The Travelers Indemnity Company of America INSURER c: Travelers Property Casualty Company of America : INSURER D: Ih e Tra velers lnde!lJnity _Gompilny -------- -NAJC# 25623_ 25666 25674_ �65J! __J.Nli!!�!:.�E: Contirl_l!!lta!_ Casualh'J::911'!Pil.!!Y ______ -1.Q.443 INSURER F: 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. 'NI� B C D E E TYPE OF INSURANCE X . COMMERCIAL GENERAL LIABILITY ' CU\IMS-MADE _______ , X: OCCUR -J GEN'L AGGREGATE LIMIT APPLIES PER: . POLICY X �f8i OTHER! ' AUTOMOBILE LIABILITY ' -·-:X ANY AUTO i__ J LOC OWNED SCHEDULEDAUTOS ONLY AUTOS �/lVffi,ONLY ��toi�t� X UMBRELLA LIAS ·X OCCUR EXCESS LIAB CU\IMS-MADE I OED X RETENTION$ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE �UN. �FflCER/MlM�lw EXCLUDED? . N I andato,y n ) ·--�lt��rtri�� o10PERATIONS oelow !PROF/POLL LIABILITY iRETRO: 070287 �.?.Pk�� NIA ' POLICY NUMBER POLICY EFF POLICY EXP IMM/DD/YYYYI IM"-. LIMITS EACH OCCURRENCE s 2,000,000 P630539K8896PHX20 1/1/2020 1/1/2021 DAMAGE TO RENTE_D __ s -1,000,000 PREMISES (Ea_occurre�c_e)___, MEO EXE'._(6!)y_.QJ1e_�n)_ s 10,000 1 PERSONAL & ADV INJURY_ $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 PRODUCTS -COMP/OP AGG $ 4,000,000 - s COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) -8102L6457121943G 1/1/2020 1/1/2021 . BODILY INJURY (Per person)___$ __ ----··--- . BODILY INJURY (Per accident) S -rf.OPERTY DAMAGE erocddentJ .�- s EACH OCCURRENCE __$ 10,000,000 CUP3K2260091943 1/1/2020 1/1/2021 AGGREGATE s 10,000,000 s 'X_��fnm OTH-ER UB9H9151011943G 1/1/2020 1/1/2021 E.L EACH ACCIDENT s 1,000,000 1,000,000 E.L DISEASE· EA EMP,l.OYEE_ S E.L DISEASE· POLICY LIMIT s 1,000,000 ECH254066939 1/1/2020 1/1/2021 :EACH CLAIM 10,000,000 ·ECH254066939 1/1/2020 ' 1/1/2021 ;AGGREGATE 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. AUTHORIZED REPRESENTATIVE ��>&I..,., 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 (Rev. October 2018) Identification Number and Certification Department of the Treasury Internal Revenue Service II-Go to www.lrs.gov/FormW9 for instructions and the latest Information. (') C 0 Gi � I� �s l.s 11.u 1 Name (as shown on your Income tax return). Name is required on this line; do not leave thls line blank. American Engineering Testing, Inc. 2 Business name/disregarded entity name, II dllleren1 from above 3 Check appropriate box for federal tax classificatlon of the person whose name is entered on line 1 . Check only one of thefollowing seven boxes. 0 lndlviduaVsole proprietor or 0 C Corporation 0 S Corporation 0 Partnership 0 TrusVestate slngle-member LLC D Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership).,. Nota: Check the appropriate box in the line above for the tax classiflcatlon of the single-member owner. Do not check LLC II the LLC la classlfled as a sing le-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 U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. 0 Other (see inslrucllons).,. Give Form to the requester. Do not send to the IRS. 4 Exemptions (codes apply only to certain entitles, not Individuals; see instructions on page 3): Exempt payee code or any) Exemption lrom FATCA reporting code Of any) (App/IN to accounts ma/nlaln«1 ours/d& lhe U.S.) 5 Address (rrumber, stteet, and apt. or suite no.) See Instructions. Requester's name and address (optional) en :ll 550 Cleveland Avenue North 6 City, stale, and ZIP code Saint Paul, MN 55114 7 List account riumber(s) here (optionaQ mu Taxpayer Identification Number (TIN) I Social security number I Enter your TIN in the appropriate box. :11� TIN provided must_ match t�e name given on line 1 to avoid backup with holding. For Individuals, th,s ,s generally your social security number (SSN). However, for a 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. ITO -[I] -I I I I I or 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. I Employer ldentlflcallon number 41 -0 977521 Certification Under penalties of perjury, I certify that: 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 failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholdlng; and 3. I am a U.S. citizen or other U.S. person (defined below); and4. 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 abandonment of secured property, cancellatio of ebt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dlVldends, you are not required to n the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature i _H_e_r_e_...L....:.u.:.:.s;;.·.::.PO:.:.rs..:..::..:L-�-,;._-=-��g!Z....._�.....:;=:,�==-c::l".:.C:::: __________ ..:D..:.a:.::te:... .. __ I -LJ....<t,:;i.:::::...._ ________ _ 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 flle an information return with the IRS must obtain your correct taxpayer ldentincallon number (TIN} which may be your social security number ($SN), Individual taxpayer ldentmcatlon number (ITIN), adoptlon 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 grossproceeds) • 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 return Form W-9 to the requester with a TIN, you might be .subject to backu p withholding. See What is backup withholding, later. Form W-9 (Rev. 10-2018)