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HomeMy WebLinkAbout2022-4096CONTRACT #2022-4096
March 22, 2022
City of Columbia Heights
637 38th Avenue NE
Columbia Heights, Minnesota 55421
Attn: Mr. Kevin Hansen, PE — City Engineer
KHansen@columbiaheightsmn.gov
RE: Quality Assurance Testing Proposal
Central Avenue Sewer Manhole Improvements
City of Columbia Heights, Minnesota
AET Proposal No. P-0011264
Dear Mr. Hansen:
AOLlq C F< ICAN
ENGINEERING TESTING
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 the recent request from Bolton & Menk
by email on March 17, 2022, 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 sewer manhole improvements project
during the 2022 construction season. Work/Construction is anticipated to begin and be
completed during the 2022 construction season. The project area will include Central Avenue
between 37th Avenue and 451h Avenue. The project will be funded with municipal funds.
Plans by Bolton & Menk, dated February 2022, were available to us for review at the time this
proposal was authored. Specifications were not available. We understand Construction
Inspection and Contract Management of the project will be performed by Bolton & Menk, Inc.
(BMI).
550 Cleveland Avenue North I Saint Paul, MN 55114
Phone (651) 659-9001 1 (800) 972-6364 1 Fax (651) 659-1379 1 teamAET.com I AA/EEO
This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc.
Quality Assurance Testing Proposal
Central Avenue Sewer Manhole Improvements, Columbia Heights, Minnesota
March 22, 2022
AET Proposal No. P-0011264 /AAM EA ICAN
ENGINEERING TESTING
GEOTECHNICAL INFORMATION
A geotechnical exploration and analysis was performed for this project by AET. The results were
presented in our Report of Geotechnical Exploration and Review, dated February 25, 2022 (AET
Project No. P-0006922). Reference should be made to that report for more details regarding site
conditions and recommendations.
PROJECT APPROACH
During the construction improvements, AET will provide experienced MnDOT certified
Engineering Technicians to perform sampling and material testing services as directed by BMI
personnel. For this project, Robert Olson will be AET's contact. He can be reached at (763) 742-
8651 (office). AET requires a minimum of 24 hours' notice of the need for Services.
Saturday and Sunday are not included in this minimum amount of notice.
We understand that BMI will contract with MnDOT Metro Inspections for bituminous and
concrete plant monitoring.
SCOPE OF SERVICES
Based on our review of the available plans and our experience with on similar projects, our
anticipated scope of services is outlined below. These services will be provided on an on -call
basis coordinated through authorized BMI 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 estimated testing as requested by BMI personnel. AET will perform MnDOT Relative Density
testing (Proctor) as well as in -place density and moisture testing on the following materials:
Utility Trench Backfill
Subgrade Preparation
The MnDOT Dynamic Cone Penetrometer will be used to verify compaction on the granular
sections, including the Select Granular Borrow and the Class 5 Aggregate Base sections of the
project as requested by BMI personnel.
AET will perform the sampling of the Class 5 Aggregate Base materials and transport the
samples to our St. Paul, Minnesota laboratory. BMI personnel will update AET on the schedule
of material placement, material sources (including changes in source), and changes in
quantities.
Page 2 of 6
Quality Assurance Testing Proposal
Central Avenue Sewer Manhole Improvements, Columbia Heights, Minnesota
March 22, 2022
AET Proposal No. P-0011264 AAMERICAN
ENGINEERING TESTING
Subgrade Test -Roll Observations
During or after final grading of the pavement subgrade soils, AET personnel will observe test -
rolling (if requested). These observations will be performed by a Staff Engineer on an on -call
basis. Our scope of services will include the following:
■ Observe the reaction/stability of the pavement subgrade soils as they are test -rolled by a
loaded, tandem -axle dump truck.
Evaluate the subgrade deflections under the wheel loads, and mark areas of excessive
deflection. Areas of excessive deflection will be shown to personnel from the contractor
and/or their subcontractors.
■ Provide recommendations for correction of the unstable subgrade soils.
Bituminous Subgrade & Base Test -Roll Observations and Testing
During or after final grading of the pavement subgrade soils and aggregate base, AET personnel
will observe test -rolling of the pavement subgrade soils and aggregate base. These observations
will be performed by a Staff Engineer on an on -call basis. Our scope of services will include the
following:
■ Observe the reaction/stability of the pavement subgrade soils and aggregate base as they
are test -rolled by a loaded, tandem -axle dump truck.
Evaluate the subgrade deflections under the wheel loads, and mark areas of excessive
deflection. Areas of excessive deflection will be shown to personnel from the contractor
and/or their subcontractors.
■ Provide recommendations for correction of the unstable subgrade soils.
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 C117
■ Fine Aggregate Angularity (AASHTO T 304, Method A, MnDOT 1206.5)
• Percent Crushed Particles (MnDOT 1214.8)
Page 3 of 6
Quality Assurance Testing Proposal
Central Avenue Sewer Manhole Improvements, Columbia Heights, Minnesota
March 22, 2022
AET Proposal No. P-0011264 AM E n ICAN
BMI personnel 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
When placement of the bituminous base and wear layers begins, an Engineering Technician will
make site visits on an on -call basis to perform nuclear density gauge verification testing of the
bituminous. BMI will determine and mark the random nuclear density test locations of the
bituminous. AET understands that we will test one location per lot for verification testing of the
Contractor's results. The Contractor's QC personnel will perform nuclear density gauge on each
lot as determined by BMI.
Concrete Sampling and Testing
During the placement of concrete curb and gutter and sidewalk, AET will perform field testing
consisting of slump, air content, temperature of the plastic concrete, and casting of cylinders for
compression testing. AET will perform field testing for slump, air content, and temperature as
requested by BMI personnel for of each type of concrete placed each day. Compressive strength
cylinders (1 set of 3 cylinders) are required as requested by BMI personnel for 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 BMI 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.
Page 4 of 6
Quality Assurance Testing Proposal
Central Avenue Sewer Manhole Improvements, Columbia Heights, Minnesota
March 22, 2022
AET Proposal No. P-0011264 /AAM E R ICAN
ENGINEERING TESTING
REPORTING
AET staff will prepare reports for BMI to review. These reports will include the results of our field
and laboratory testing as performed per BMI personnel testing frequencies referenced in the
project documents.
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 2022 projects.
We have estimated a "likely needed estimate" which 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. Our "likely needed" estimated fee is $31,732.80. 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.
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, 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
Page 5 of 6
Quality Assurance Testing Proposal
Central Avenue Sewer Manhole Improvements, Columbia Heights, Minnesota
March 22, 2022
AET Proposal No. P-0011264 AAM E R#CAN
ENGINEERING TESTING
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
Robert J Olson, PE (MN)
Branch Manager
rolson@teamAET.com
763-742-8651
Kevin Beidelman
Staff Geologist
kbeidelman@teamAET.com
763-244-5413
Attachments: Materials Testing Estimate
Construction Service Agreement — Terms and Conditions
Certificate of Insurance
W9
AET PROPOSAL No. P-0011264 ACCEPTANCE AND AUTHORIZATION
Signature: KgaA, Date: v aa.
Printed Name:
Title: U,}
Representing: Ui -k Wu-mlo,o. �4ic l }s
Page 6 of 6
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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 Affreement, but the followine actions shall also constitute Client's acts tance of the A reementt 11 Issuina an authorizing purchase order, task
order, service order a a ny other documentation for any of the Services 21 autho r Wng AET's presence an 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, if they are included, 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. 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 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, above
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.
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.
ACS 403C (01/22) AMERICAN ENGINEERING TESTING, INC.
CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 4
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 ofthree 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 minimum limits shown below. AET will furnish certificates of insurance to Client upon request
8.1 —
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 as outlined in our proposal, Property Damage, Personal Injury, and Contractual Liability coverage 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/Pollution Liability Insurance is written on a claims -made basis and coverage will be maintained for one (1) year after
completion of AET's Services as outlined in our proposal. 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 D414, which includes blanket coverage for the Additional Insured
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). Any other endorsement, coverage or policy requirement may result in additional
charges.
8.6 - AET will maintain 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.
SECTION 9 - DELAYS
If delays to AET's Services are caused by Client or Owner, other parties, strikes, natural causes, pandemic, 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.
ACS 403C (01/22) AMERICAN ENGINEERING TESTING, INC.
CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3 of 4
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 pursue 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 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 authorized under
this agreement. Approval of a change order may be in writing, by electronic communication, or any directive for additional Services.
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
orarbitration of disputes between AETand Client, which are dismissed or arejudged substantially in either party's favor, shall be paid bythe non -prevailing
party. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and other direct costs.
SECTION 14 - MUTUAL INDEMNIFICATION
14.1- Subject to the limitations contained in Sections 14 and 17, AET agrees to indemnify Client from and against damages and costs to the extent caused
by AET's 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 an Additional Insured.
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.
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.
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 AET from any cause or causes, including, but not limited to, its negligence, professional errors and omissions, strict
ACS 403C (01/22) AMERICAN ENGINEERING TESTING, INC.
CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 4 of 4
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 - 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 at29Code of FederolRegulations Part47I, Apoend&A toSuhaartA. The regulation also has a "flow -down" requirement
for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors
working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster,
SECTION 19 -TERMINATION
After 7 days' written notice, either party may elect to terminate work for justifiable reasons. In this event, the Client shall pay AET for all Services
performed, including demobilization and reporting costs to complete the Services.
SECTION 20 - SEVERABILITY
Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force.
However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which
comes as close as possible to expressing the intent of the original provision.
SECTION 21- GOVERNING LAW
This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regard to its conflicts of law provisions.
SECTION 22 - ENTIRE AGREEMENT
This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client. Regardless
of method of acceptance of this Agreement by the Client, this Agreement supersedes any written or oral agreements, including purchase/work orders or
other Client agreements submitted to AET afterthe 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 (01/22) AMERICAN ENGINEERING TESTING, INC.
AMERCON-12 '
CERTIFICATE OF LIABILITY INSURANCE 7D
12/6/2021
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 License # 20443386 CONTACT Ann Ross
NAME:
Hub International Great Plains PHONE , Ext 651 288-5137 FAX
245 E. Roselawn Avenue ( ): ( ) A/C, No):(651) 286-0560
Suite 31 I: -MAIL ann.ross@hubinternational.com
Saint Paul, MN 55117-1940 ADDRESS:
INSURED AMERICAN CONSULTING SERVICES INC
AMERICAN ENGINEERING TESTING INC
AMERICAN PETROGRAPHIC SERVICES INC
550 CLEVELAND AVE N
ST PAUL, MN 55114-1804
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA:The Phoenix Insurance Company
25623
INSURERS: The Travelers Indemnity Company of America
25666
INSURER C : Travelers Property Casualty Company of America
25674
INSURER D:The Travelers Indemnity Company
25658
INSURER E: Continental Casualty Company
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.
R TYPE OF INSURANCE ADDINSOL SUBR POLICY NUMBER tPMLtCY EFF POLICY ryE P LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X OCCUR
P630539KB896PHX22
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X LOC
OTHER:
B
AUTOMOBILE
LIABILITY
X
ANY AUTO
8102L6457122143G
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
C
X
UMBRELLA LIAB X OCCUR
EXCESS LIAR CLAIMS -MADE
CUP31K2260092143
DED X RETENTION $ 0
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROP RI ETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? N N I A
(Mandatory in NH)
If VoB, describe under
E PROF/POLL LIABI
E RETRO:070287
EACH OCCURRENCE
S 2,000,000
1/1/2022 1/1/2023 PREMISES RENT rDncej
5 1,000,000
MEO EXP (Any one person)
5 10,000
PERSONAL SAOVINJURY
s 2,000,000
GENERAL AGGRE GATE
S 4,000,000
PRODUCTS -CPMP10PAGG
S 4,000,000
S
COMBINED SINGLE LIMIT
21000r000
(Ea accident)
S
1/1/2022 1/1/2023 BODILY INJURY (Per person)
S
BODILY INJURY (Per accident)
S
PROPERTY. DAMAGE
S
EACH OCCURRENCE
S 10,000,000
1/1/2022 1/1/2023 AGGREGATE
$ 10,000,000
S
X
PER OTH-
UB9H9151012143G 1/1/2022 1/1/2023
STATUTE ER
1,000,000
E.L.
EACH ACCIDENT $
E.L.
DISEASE - EA EMPLOYEE S
1,000,000
E.L
DISEASE • POLICY LIMIT S
1,000,000
ECH254066939 1/1/2022 1/1/2023 EACH CLAIM
10,000,000
ECH254066939 1/1/2022 1/1/2023 AGGREGATE
15,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RENEWALS: contracts@teamAET.com
ILLUSTRATION CERTIFICATE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
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