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Proposal - American Engineering Testing, IncAmEmCAN ENGINE,ERING TESTING, INC, CONSULTANTS • ENVIRONMENTAL • GEOTECHNICAL MATERIALS FORENSICS PROPOSAL FOR PROJECT TESTING SERVICES AET PROPOSAL No. 20-14949 October 11, 2016 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn:, Paul Hornby, PE RE: Proposal for Construction and Materials Testing 2016 Trunk Watermain Extension Project WS13 Project No. 02925-160 City Project No. 16-04 Shorewood, Minnesota Dear Mr. Hornby: Thank you for the opportunity to provide a proposal to perform testing services on the referenced project. American Engineering Testing, Inc., (AET) is pleased to provide this proposal which presents our anticipated scope of services, our unit rates, and an estimated total cost to perform these services, P oiect Information We understand the City of Shorewood will be performing improvements on Yellowstone Trail, Glenco Road, Park Street and Chaska Road. The project will consist of installation of utilities and reconstruction of the streets. According to the plans and specifications provided, we understand the project will include the following: • Installation of utilities and other improvements • Excavation, grading and placement of aggregate base • Construction of new concrete curb & gutter • Placement of new bituminous paving h-oiect Approach During the construction improvements, AET will provide experienced Engineering Technicians to perform sampling and material testing services in accordance to the project plans, specifications and the 2016, Mn/DOT Standard Specification. For this project, Mr. Gone l ;czar will be AET's Project Manager. He can be reached at (612) 916-8824 (cell). This document shall not be reproduced, except in full, without witton approval of American Engineering Testing, Inc. 5548 Barthel Industrial Drive, Suite 500 - Albertville, MN 55301 Phone 763-428-5573 - Toll Free 800-97246364 - Fax 763-428-5575 - www.amengtest.com Officos throughout Florida, Minnesota, South Dakota & Wisconsin AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER City of Shorewood AET Proposal No. 20-14949 October 11, 2016 Page 2 of 4 Scope Of -Services Based on our review of the available plans and our experience on similar projects, our anticipated scope of services is outlined below. These services will be provided on a part-time, will-call basis coordinated through authorized WSB 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 Mn/DOT's "Specified Density Method" and in. accordance with project specifications. AET will perform Mn/DOT laboratory sieve analysis testing as well as in-place density and moisture testing on the following materials: • Utility trench backfill • Embankment fill • Subgrade Preparation • Aggregate Base The Mn/DOT Dynamic Cone Penetrometer will be used to verify density on the Aggregate Base sections of the project following the Mn/DOT Penetration Index procedures in accordance with the 2016 Mn/DOT Schedule of Materials Control (SMC). Concrete Testing During the placement of the concrete, AET will perform field testing consisting of slump, air content and temperature of the plastic concrete, followed by casting of cylinders for compression testing. The Mn/DOT SMC schedule requires three compressive strength test cylinder to be tested at an age of 28 days. AET recommends five (5) compressive strength cylinders be cast per every 300 cubic yards of each type of concrete placed each day then retrieved the following day for testing in our laboratory. These cylinders will be tested at the following ages, one at 7 days, three at 28 days, and the fifth cylinder be hold in reserve for future testing if the 28 day strength requirement is not met in the 28 day period. Concrete Plant Inspection This proposal does not incorporate the time and cost to perform concrete plant inspections. These services could be provided at your request. Bituminous Pavement Sampling and Testing As bituminous paving is being completed, a certified Engineering Technician will obtain companion samples, provided by the contractor, during each day of paving. Samples will be tested in our laboratory for the following: * Gyratory density, Rice specific gravity and VMA * Asphalt extraction and aggregate gradation City of Shorewood AET Proposal No. 20-14949 October 11, 2016 Page 3 of 4 After the completion of the paving, we will be available to obtain companion core samples, provided by the contractor, for laboratory testing. Unit rates are included on the attached fee schedule; however, our estimated total does not include these services. This testing would include the following: • The thickness of each layer of the core sample • The density of each layer of the core sample AET can run the Mn/DOT program to determine random core locations of bituminous based on tonnage (lot sizes) and pavement placement patterns if requested. This information will be given to WSB to pass along to the paving contractor. AET assumes the tonnage and pavement placement patterns will be provided to us by WSB. AET is available to perform observations and testing of the bituminous paving if requested. Unit rates are included on the attached fee schedule; however, our estimated total does not include these services: • Perform roll pattern testing in the field as the bituminous is being placed, measuring in-place thickness and density using a Nuclear Density gauge (by Engineering Technician 11) • Extract cores from the finished surface Bituminous Plant Inspection This proposal does not incorporate the time and cost to perform bituminous plant inspections. These services could be provided at your request. Estimated Fees All services will. be invoiced on a unit cost basis according to the attached Fee Schedule. Our estimated total cost is $11,993.00. If our scope of services should change, or additional time or tests are needed to complete the required testing services, we will contact our client for additional funds. Often, variations in the overall cost of the services occur due to reasons beyond our control, such as weather delays, changes in the contractor's schedule, unforeseen conditions or retesting. These variations will affect the actual invoice totals, either increasing or decreasing our total costs for the project from those estimated in this proposal. If more time or tests are required, additional fees may be needed to complete the project testing services. If less time or tests are needed, a cost savings will be realized. Terms and Conditions All AET Services are provided subject to the Terms and Conditions set forth in the enclosed Service , Agreenient—Terins and Conditions, which, upon acceptance of this proposal, are binding-upon you as the Client requesting Services, and your successors, assignees, joint City of Shorewood AET Proposal No. 20-14949 October 11, 2016 Page 4 of 4 venturers and third-party beneficiaries. Please be advised that additional insured status is granted upon 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 and Amendments: 1) issuing an authorizing purchase order for any of the Services described above, 2) authorizing AEI'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 If you have any questions regarding this proposal, or if we can be of further assistance, please call. Gene Erzar at (612) 916-8824 Sincerely, American Engineering Testing, Inc. PRE PARED BY: Gene Erzar Engineering Assistant le) Date REVIEWED BY: John J. Haupt, P.E. Senior Engineer /6 -//— /(V Date Attached: Fee Schedule Service Agreement —Ternis and Conditions CLIENT ACCEPTANCE. _I° L (a - Date FEE SCHEDULE PROJECT TESTING SERVICES AMERICAN 2016 TRUNK WATERMAIN EXTENSION PROJECT SHOREWOOD, MIN ENGINEERING SHOO PROJECT NO. 02925-160 TESTING, INC, EWOOD CITY PROJECT NO. 16-04 AET PROPOSAL No. 20.14949 Page 1 of 1 TOTAL AMOUNTS PROJECT BUDGET INVOICED THROUGH Invoice Amount SERVICE DESCRIPTION ESTIMATED UNIT BUDGET UNITS RATE AMOUNT it Units ------- Amount _# Units Amount Observations and Compaction Testing 1. Engineering Assistant for travel, subgrade test rolls, consultation and reporting (services provided on a will-call basis - assumes 2 trips to the jobsite), 5 hours $115.00 $575,00 0.0 $0= 0,0 $0,00 2. Engineering Technician 11 travel time for soil compaction testing (services provided on a will-call basis - assumes 20 trips to the Jobsitc). 24 hours $83.00 $1,992,00 010 $0,00 0,0 $0.00 3. Personal or Company vehicle mileage, 1300 miles $0,75 $975.00 0.0 $0.00 0,0 $0.00 4, Soft compaction tests (nuclear gauge, dop or send cono). 50 tests $30.00 $71'500= 0.0 $0= 0,0 $0.00 5, Standard Proctor tests (Methods A or B), 4 tests $125,00 $500,00 0.0 $0.00 0.0 $0.00 6, Standard Proctor tests (Method C). 0 tests $1135,00 $0.00 0.0 $0.00 0,0 $0:00 7. Clay Preparation 4 tests $60,00 $240,00 8. Sieve tests of granular fill and Class 5 aggregate base, 4 tests $105,00 $420.00 0,0 $0,00 0.0 $0.0 Concrete Testing 1, Engineering Technician It for travel and testing of concrete (services provided on a will-call basis - assumes 3 trips to the Jobsite). 10 hours $83,00 $830.00 0,0 $0.00 0,0 $0,00 2. Personal or Company vehicle mileage, 190 miles $0,75 $142,50 0.0 $0.00 0,0 $0= 3. Curing, handling and compressive strength testing of 4" x8" or x 12" concrete lost cylinders (includes handling of non-tested cylinders). 20 cyls, $26= $500,00 0,0 $0,00 0.0 $0.00 4, Plastic concrete cylinder molds (4" x 8" or 6" x 12"), 20 cyls. $100 $60.00 010 $0.00 0.0 $0,00 S. Concrete cylinder pick-up service from jobsito. 2 trips $75,00 $150.00 0.0 $0,00 0.0 $0.00 Bituminous Testing 1. Engineering Technician 11 travel and obtaining samples for laboratory testing (services provided on a wllt=call basis - assumes 4 trips to the Jobsite), 10 hours $63.00 $830.00 0.0 $0.00 0.0 $0.00 2. Personal or Company vehicle mileage. 270 miles $015 $202,50 0.0 $0,00 D'O $0.00 3. Removal of cores from finished bituminous surface (includes all personnel, equipment rental and patching materials). 0 hours $185.00 $0,00 0.0 $0,00 0,0 $0,00 4. Thickness and density tests of bituminous core samples. 0 tests $42.00 WOO 0,0 $0.00 0,0 $0,00 S. Nuclear donsty compaction tests, 0 tests $28.00 $0.00 0,0 =00 0,0 $0.00 6. Nuclear gauge rental charge. 0 trips $10.00 $0.00 0,0 $0.00 QO $0,00 7. Superpavo gyratory. 4 tests $500,00 $2,000m 0.0 %00 0,0 $0,00 Project Management & Coordination 1, Project Manager for coordination of AET personnel and activities, attending meetings (if requested), consultation and report preparation. 8 hours $115.00 $920.00 0.0 $0,00 0.0 $OZO 2, Personal or Company vehicle mileage, 1 0 miles $015 $0,00 0,0 $0.00 0.0 $0.00 TOTAL - MONTHLY ESTIMATED BUDGET $1111,99100 INVOICED $0.00 INVOICE $0.00 THROUGH TOTAL Page 1 of 1 CONSTRUCTION SERVICE AGREEMENT ~ TERMS AND CONDITIONS Page 1rfS SECTION I - RESPONSIBILITIES A.1—This ServiceAgreement — Temsand Conditions ("terms and mndNons")|s applicable to all Services provided by American Engineering Testing, Inc. (AET.As used herein "3orWceo refer to the scope of Services described in the proposal submitted by AET toClient. The proposal, these terms and conditions and any appendices attached hereto shall comprise the Agreement between AET and Client for Services described |n 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 for any of the Services, Z) authorizing AE7s presence on site, or 3) written or electronic notification for AET to proceed with any of the Services. 1.2 - Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and property owner, site safety plans or other documents which may control or affect AET's Services. If new information becomes available or changes are made during AET's Services, Client will provide such information to AET in atime/y 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 o part of the structure orfacility 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 *sb earthwork and other construction operations and materials, and may provide opinions, conclusions and recommendations regarding the same. However, AE7s 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 6yClient must be in writing prior to the start o[Services. 1.5- AET does not perform construction management, Ueneml 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. CUentaasumes all risks associated with such variations. 1.7' AET b not responsible for interpretations ormodifinadonmnfAET'srecommendationabyotherpennns. 1.8-Should change in conditions be alleged, Client e@nses 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. AE7s opinions, conclusions and recommendations are qualified hothat extent. 1.IQ— 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 toServices performed after the effective date nfsuch amendment. The proposal and these terms and conditions, including terms of payment, shall apply to all Services performed prior to The effective date uf such amendment. 1.11 — The AET proposal accompanying these terms and conditions is valid for sixty (60) days after the proposal issuance date tu the C||ent. Any attempt to authorize Services after the expiration date |s subject to, AET's right tu revise the proposal aa necessary. SECTION 2 - WILL CALL SERVICES 2.1-If AET's Services are performed ona will-call basis at the direction of the Client or its authorized representatives, Client ' acknowledges the inherent Umbatmro associated with performing engineering judgments and testing Services on a will-call ^bas|4 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. ACS 483c(1V/14) AMERICAN ENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 5 Z.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 0U system to adequately support the design construction loadings by monitoring the filling process on u continuous basis for consistency of soil type, moisture content, lift thickness, and compaction effort. �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- AET is not responsible for locating underground facilities on construction sites Client shall ensure that underground facilities have been previously located and cleared. AET will not be responsible for any damages to underground facilities not located or incorrectly identified. An underground facility is an underground line, fixture, system, and its appurtenances used Uu produce, store, convey, transmit, or distribute communications, data, power, heat, gas' oil, petroleum products, water Including storm water, steam, sewage, and similar substances, 3.3 - The location and elevation of a proposed structure or facility is staked (with offsets) and controlled by surveying or GPS equipment by others. AET's measurements are made in relation to that information. The reliability of any opinions, conclusions, and recommendations based on those measurements is strictly dependent on the accuracy of the staking or GPS information provided byothers. 1.4 - During construction, observations and testing Services are based on the positioning of the formwork by the contractor or its subcontractor. AET will not be responsible for any errors or damages resulting from improper location or positioning of the formwork. SECTION 4 - SAFETY £.1`- Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site Client or its authorized repesentaive(s)is responsible for the safety of the jobxite If, during the course ofAET's Services, such materials o/ 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 mba|| be Client's or other persons' responsibility. SECTION 5 - SAMPLES 5.1- Client shall inform AET of any known orsuspectedhazardousmmtedabph#rtosubmittal 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 atAETtdiscretion. 5.2- Non-hazardous samples will be held for thirty (BO) days and then discarded unless, within thirty (30) Jays of the report date, the Client requests in mdtln8 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 ofAET.AET shall retain these original records for minimum of three years following submission of the report, during which period the project records canbemadeavai/ab|eto Client otAET'o office aL reasonable times. SECTION 7 - STANDARD OF CARE . ABp��mskmS�v�ycon��n with the level of care and skill normally performed by other firms in the profession atthe 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 ACS 403C (10/14) AMERICAN ENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3of6 8.1—AET maintains the following insurance coverage and limits nfliability: Workers' Compensation Employer's Liability Commercial General Liability Automobile Liability Professional Liability Insurance Statutory Limits $100,000 each a ccident $6OC\UOV disease policy limit $1O[\OU0 disease each employee $1,000,000 each occurrence $1,000,000 aggregate $1,0O0,0OU each accident $1,000,00 per claim $1,000,000 aggregate 8.2 - Commercial General Liability insurance will include coverage for Prod u cts/Completed Operations extending one (1) year after final acceptance of the Project by Owner, Property Damage including Completed Operations, Personal Injury, and Contractual Liability insurance applicable to AET's indemnity obligations under this Agreement, 8.3 - Automobile Liability insurance shall Include coverage for all owned, hired and non-owned automobiles, A._4 - Professional Liability Insurance is written on u dp1m*madobasis and coverage will be maintained for one (1) year m0sr final acceptance of the Project byOwner. Renewal policies during this period shall maintain the same retroactive date. 8.5i - To the extent permitted by applicable state law, and only upon Client's signing of the proposal and return of the same to AET, 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 bads) and Automobile Liability Policy, Client and Owner shall be extended "waiver of subrogation" status for applicable coverages. 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 |n which the project is located and having currentA.M. Best rating ufnu 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 toAET's Services are caused by Client m Owner, work of others, strikes, natural causes, weather, mother item beyond AET's control, a reasonable time extension for performance of Services shall be granted and AETshuU receive an equitable fee adjustment. SECTION 10 - PAYMENT, INTEREST AND BREACH 20.1- Invoices are due net thirty (30) days. 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— Client agrees to pay interest on unpaid invoice balances at a rate of one and m half percent (1.S%) per month, or the maximum allowed by law, whichever is less, beginning thirty (30) days after Invoice date. 10.3 — Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its on}e discretion and without limiting any other legal or equitable remedies for such breach, to terminate performance ofthis Agreement and be relieved of any associated duties to the Client or other persons. Further, AET may withhold from Client data and reports in A[T'o possession. If Client fails to cure such broach, 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. 10.4 - Client will pay all AtT expenses and attorney fees relating to collection of past due invoices. SECTION 11 - M—EDIATION AI.L' Except for enforcement ofAET'srights to payment for Services rendered or to assert and/or enforce its lien rights, including without limitation assertion and enforcement ofmenhonies lien rights and foreclosure of the same, Client and AET agree thutmnydaiim, dispute or other matter in question arising out of or related to this Agreement ahoU be subject to mediation asa condition- precedent tVarbitration mr the Institution of legal oraquiLob|e proceedings by either party; provided however I that ifeither party fails torespond 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. ACS 403W01-4) AMERICAN ENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT ' TERMS AND CONDITIONS Page 4ofS 11.2-Mediation shall be|naccordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall share the mediator's fee and any filing fees equally. The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 12 - LITIGATION REIMBURSEMENT Except for matters relating tu non-payment offees, which is governed by Section 10.4hereo[ payment of attorney's fees and c*go 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 pa/\y. Applicable costs include, but are not limited to, attorney and expert witness fees, Court costs, and AETcosts. SECTION 13 - MUTUAL INDEMNIEIIACATION 13.1 - 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. 13.2- Client agrees tp indemnify AETfrom 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. 13.3.' If Client has on indemnity agreement with other persons or entities relating to the project for which A[T'a Services are performed, the Client shall include AETaxabeneficiary. 13.4 ' AET'o indemnification to the Client, including any indemnity required or implied by }ev, 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 14- WAIVER OF CONSEQUENTIAL DAMAGES NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE T0THE OTHER FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR pDN[r|VE DAMAGES INCURRED EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS FORESEEABLE. CONSEQUENTIAL DAMAGES INCLUDE, BUT ARE NOT LIMITED TO LOSS OF USE AND LOSS OF INCOME ORPROFIT. SECTION 15 - LIMITATION OF LIABILITY Client agrees to limit AET's liability to Client resulting from AET's negligent acts, errors cx omissions, such that the total liability of AET shall not exceed $20,000. SECTION 16 —UNIONIZATION AET reserves the right to negotiate an appropriate fee increase or to terminate its contract on three (3) days written notice to Client without incurring penalties o,costs from Client, Owner and their successors, assignees, jdnt°enturers, 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. 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 Federol Requlotto�s Part 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 tu this regulation, The regulation has specific requirements for location of posting and language(s) for the poster. g�TIQN 18 - TERMINATION After 7 days written notice, either party may elect tu terminate work for justifiable reasons. |n this event, the Client shall pay AET for all Services performed, including demobilization and reporting costs to complete the file. SECTION 19 - �JEVERABILITY 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. �ECTION 20 - GOVERNING LAW ' to T�sAgreement shoUbeuongruedin accordance w�hthe Laws of the St�eofN1|nneso1aw�houtregard conflicts oflaw ACS 403C(1o/14 ) AMERICAN ENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 5of5 SECTION 21 - ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, b 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 (10/14) AMERICAN ENGINEERING TESTING, INC. Aim ERICAN CONSULTANTS ENG IN EER I NG , ENVIRONMENTAL T r,,,S T I N G, -1 N C. , GEOTECHNICAL , MATERIALS o FORENSICS Dear Client, The following paperwork is enclosed: 1. AET's Proposal With Terms and Conditions (Please sign and return to your AET contact) 2. Proof of Insurance (Please give to your accounting department) 3. W9 (Please give to your accounting department) ***If your company is South Dakota or Iowa Sales Tax exempt, please send your tax exempt certificate back with your signed proposal. Please let me know if you have any questions and thank you for choosing AETI Thank you, Robert Krogsgaard CFO, American Engineering Testing 'mis document shill not be reproduced, oycopt in full, without wrifton approval of American Engineeling'resting, fric, 550 Cleveland Avenue North - St. Paul, MN 55114 Phone 651 - 659 -9001, Toll Free 800-972-6364 - Fax 651.659 -1379- www.amengtest.com Offices throughout Florida, Minnesota, South Dakota & iNisconsin AN AFFIRIVIATIVE ACTION AND EOUAL OPPORTUNITY EMPLOYER DATE (MMIDDIYYYY) 12/23/2015 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 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 CONTACT NAME: Ann Ross _ HUB International,, formerly BW insurance Agency a6ONE �Xtl: (651)288 -5137 PAX. rNn:(651)2(§6 -0560 245 E Roselawn Ave nonI.ss:ANN. ROSS @HUBINTERNATICINAL.COM St. Paul. MN 55117 -1940 INSURER A - Travelers Indemnity Co 25658 INSURED AMERICAN CONSULTING SERVICES INC, INSURERB.,Travelers Group 25674 AMERICAN ENGINEERING TESTING INC, AMERICAN INSURER C :Continental C ,'asual ter Cam any W. 02128 _ PETROGRAPHIC SERVICES INC INSURER D: 550 CLEVELAND AVE N INSURER E ST PAUL MN 55114 -1804 1 INSURER r-: nn�scnnnee r' :�i�^rt�ir ^nY�.h1I11liiC��kt.7 C, -.'17 C»T. /A /WC./'I? RF1ll.�".ihlit Pw1t111tiRP'R THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR P LICY ff, POLICY EXP LTR TYPE OF INSURANCE V POLICY NUMBER MMIDDIYYYY M /DD /YYYY LIMITS X i COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1000000 A M CLAIMS-MADE I i i OCCUR O M ° T REN E PREMISES Ea oocurr ©nca $ 50000 MED EXP (Any one person) $ 5000 P630539KOB96PHX16 1/1/2016 1/1/2017 PERSONAL & ADV INJURY $ 1000000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 1000000 1000000 PRO- POLICY T E S OTHER: AUTOMOBILE LIABILITY COMBINED d SINGLE LIMIT .. I2 3r C� ,,..,�,..,.�..,..»,.- .,,....- $ 1000000 ......................., B __ ANY ALL OWNED SCHEDULED NON-OWNED HIRED AUTOS AUTOS P810797K914000F16 1/1/2016 1/1/2017 BODILY INJURY (Per person) S BODILY INJURY (Per accident) PRCIPERIY DAMAGE TpL.acS_1d&IItL $ $ _ UMBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGATE 5 EXCESS LIAR CLAIMS.MADE BED I I RETENTIONS S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER /EXECUTIVE nY / N OFFICERNEMBER EXCLUDED? N (Mandatory In Nfl) N/A POUS709K909316 x/1/2016 1/1/2017 X IPER TUTE OETH- E,L. EACH ACCIDENT $ 100000 I E.L. DISEASE - EA EMPLOYEE � $ 100000 } E.L. DISEASE POLICY LIMIT $ 500000 If yyes, describe under DESCRIPTION OF OPERATIONS below C PROrESSIONAL LIABILITY ECH254066939 1/1/2016 1/1/2017 EACH CLAIM 1000000 INCL POLLUTION CLAIM IdADF/070287 RCMTRO AGGREGATE 1000000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schodula, may bo attached If more space is required) CERTIFICATE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Craig McNulty /STPG'i` - 0 1988 -2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (gaunt( Form w_9 Request for Taxpayer Give Form to the (Rev. December 2014) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service I Name (as shown on your income tax return), Name is required on this line; do not leave this line blank. American Engineering Testing, Inc. 2 Business name/disregarded entity name, if different from above cn CG 0- C 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to ien see certin s, not entit 0 in [] Individuallsole proprietor or E] C Corporation � S Corporation Partnership Trustiestate [] LLC instrauctions o page 3)individuals; : a 0 single-member (J Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) Exempt payee code (if any) 0 E Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting Vi the tax classification of the single-member owner. code (if any) a. 0 Other (see Instructions) (Appffas to iccounts malatained valside Me U,$,) E 6 Address (number, street, and apt. or suite no.) Requesters name and address (o_ptlonal) ca 550 Cleveland Ave. N. 6 City, state, and ZIP code St. Paul, MN 55114 7 List account number(s) here (optional) • Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other—LLU- ow ae , a entities it is vour emolover identification number (EIN). If you do not have a number, see H M TIN on page 3. or Note. If the account is in more than one name, seethe instructions for line I and the chart on page 4 for Employer Identif ication number guidelines on whose number to enter. 4 1 1 1 —1 0 1 9 1 7 1 7 1 5 1 2 1 1 ft� 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. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S, person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions, You must cross out item 2 above if you have been notified by the IRS that you are Currently subject to backup withholding because you have failed to report all interest and dividends on your tax return, For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Signature of Phillip Here I U.S. person Date Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at wwW,1rS.goV11W9, Purpose of Form An Individual or entity (Form W-9 requester) who Is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number (JITIN), adoption taxpayer identification number (ATIN), or employer , Identification number (EIN), to report on an information return the amount paid to You, or other amount reportable on an information return. Examples of Information returns Include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) Form 10997E (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 backup withholding. See What is backup withholding? on page 2. By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee, If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA.code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, Is correct. See What is FATCA reporting? on page 2 for further Information. Cat. No, 10231X Form W-9 (Rev. 12-2014)