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IP #1015PROJECT NO. 1015 52"d/Pennsylvania Property Development - $25,000 Work session 01/16/18 Discussion regarding 8-acre site near ice arena; staff was directed to prepare RFPs Res. 2018-142 12/10/18 Resolution authorizing the execution of a purchase agreement with SVK Development, LLC for the sale and development of property adjacent to C.P. railroad tracks (project no. 1015) Res. 2019-82 6/24/19 Resolution authorizing the execution of agreement with city of Crystal relating to the Windsor Ridge Development (Improvement Project No. 1015) RIGHT OF ENTRY AGREEMENT This Right of Entry Agreement ("Right of Entry" or "Agreement") is entered into effective the 15 day of May, 2019, by and between SVK Development, LLC, a Minnesota limited liability company ("Buyer") and City of New Hope, a Minnesota municipal corporation ("Seller"). Seller and Buyer are sometimes individually referred to as "Party" and collectively as "Parties." RECITALS WHEREAS, Seller is the fee owner of two adjacent parcels of vacant land totaling approximately 8.7 acres located in the City of New Hope, Minnesota at unassigned addresses, south of 52"d Avenue and north of the C.P. railroad tracks approximately between Quebec and Louisiana Avenues North, identified as PID Nos. 08-118-21-23-0001 and 08-118-21-24-0001, County of Hennepin, State of Minnesota (collectively, the "Property"), as legally described in attached Exhibit A; WHEREAS, Seller and Buyer entered into a Purchase Agreement effective January 14, 2019 for sale and purchase of the Property according to the terms set forth therein (the "Purchase Agreement"); WHEREAS, Buyer desires to obtain Seller's permission to enter onto the Property prior to Closing for the purpose of conducting certain activities in preparation for development of the Property for the limited purposes described herein (the "Permitted Activity"); and WHEREAS, the Seller will permit Buyer to enter the Property for the Permitted Activity subject to the terms of this Agreement. NOW, THEREFORE, the Parties do hereby agree as follows: AGREEMENT 1. Right of Entry. Seller hereby grants to Buyer and its agents, employees, and contractors the temporary right to enter onto the Property for the purpose of assessing which trees needs to be removed, cutting down and removing trees, and removing brush ("Permitted Activity"), and for no other purpose. Entry under this Agreement shall not be deemed delivery of possession pursuant to the Purchase Agreement. 2. Term. This Right of Entry shall terminate on the Closing Date which is anticipated to be no later than May 31, 2019. 3. Consideration. In consideration for the accommodation provided Buyer by the terms and conditions of this Agreement, the Earnest Money recited in paragraph 2a of the Purchase Agreement shall upon execution of this Agreement be non-refundable except in the event of Seller default. 4. Indemnification. Except as provided below, Buyer hereby agrees to indemnify, defend, and hold harmless Seller and its respective officers, employees, trustees, members, managers, agents and representatives (the "Seller Indemnitees") from all actions, claims, suits, penalties, obligations, liabilities, damages to property, injuries or death to persons and attorneys' fees and costs ("Claims"), to the extent such Claim or Claims arise from or are caused by the entry onto the Property or activities of Buyer or its agents or employees on the Property pursuant to this Right of Entry. The foregoing indemnity and hold harmless obligation shall not apply to (i) to the extent a Claim or Claims arise from the negligence or willful misconduct of Seller or its officers, employees, members, or agents; (ii) any defects in the Property discovered by Buyer or its agents, employees, or contractors during Buyer's investigation of the Property; or (iii) the existence of any hazardous substances which are discovered (but not deposited or exacerbated) on or under the Property by Buyer or its agents, employees, or contractors. 5. Liens. Buyer and its agents shall not permit any mechanic's, laborer's or materialmen's liens to stand against the Property and shall indemnify and hold the City harmless from any claim or damages, including attorney's fees, arising out of any injury, death or property damage occurring on or about the Property as the result of the entry and/or activities conducted pursuant to this Right of Entry. 6. Insurance. Prior to initially entering upon the Property, and continuing thereafter, during any periods of entry upon the Property by Buyer or any of its contractors, agents or employees ("Buyer's Consultants") pursuant to this Right of Entry, Buyer and Buyer's Consultants shall, at no expense to Seller, maintain, or cause to be maintained: (i) workers' compensation insurance at statutory limits for all persons employed in carrying out the Permitted Activities and (ii) commercial general liability insurance on an "occurrence" basis with a combined single limit for bodily injury, death and property damage of Two Million Dollars ($2,000,000.00), covering the entry and activities of Buyer and Buyer's Consultants upon the Property. Seller shall be included as additional insured under the coverage specified under clause (ii) above. The liability insurance described in clause (ii) must be primary insurance, and no insurance carried by the additional insureds can be called upon to contribute to a loss covered thereunder. The insurance policy shall be issued by an insurance company or companies licensed to do business in the State of Minnesota. The insurance shall be maintained at all times during the period specified herein and shall provide for not less than thirty (30) days written notice before cancellation, termination or change of coverage. Buyer shall deliver or cause to be delivered a certificate of such insurance policy or policies to the City prior to entry. 7. Compliance with Laws. Buyer and its consultants shall, in all activities undertaken pursuant to this Right of Entry, comply and cause its contractors, agents and employees to comply with all federal, state and local laws, statutes, orders, ordinances, rules, regulations, plans, policies and decrees. 8. Attorneys' Fees. In the event of a dispute between the Parties with respect to the terms or conditions of this Right of Entry, the prevailing Party shall be entitled to collect from the other its reasonable attorneys' fees and costs as established by the judge presiding over such dispute. 2 9. Revocable License and Termination. Notwithstanding any sums expended by Buyer in furtherance of this Right of Entry, the right of entry granted herein is revocable and may be terminated by Seller in the event of a breach of this Agreement by Buyer. 10. Restoration of the Property. Upon the termination or revocation of this Right of Entry, Buyer shall, if required by Seller, at its own cost and expense, remove all trees and brush that have been cut down on the Property and restore the Property to a condition as close as possible to the same condition in which it was prior to Buyer's entry, with the exception of the trees and brush that have previously been removed. This includes restoration of the surrounding property area used to access the Property. In case Buyer shall fail to restore the Property and the surrounding property area used to access the Property to its prior condition within ten (10) business days after the effective date of the termination or earlier revocation, Seller may proceed with such work at the expense of Buyer. Costs so incurred by Seller shall be reimbursed by Buyer within thirty (30) days of written demand therefore. 11. No Conveyance. Nothing in this Right of Entry shall be deemed to constitute a gift, grant or conveyance of any interest in the Property and is intended to benefit only Buyer for the limited time, and limited purpose stated herein. 12. No Hazardous Materials. Under no circumstances shall Buyer cause or permit to be introduced to the Property any hazardous materials or chemicals. 13. No Assignment. The rights granted herein shall inure to the benefit and be binding upon the Parties, but may not be assigned without the prior written consent of the City. 14. No Interest In Property Created. Buyer acknowledges that they do not have, and shall not claim at any time, any interest or estate of any kind or extent whatsoever in the Property by virtue of this Right of Entry. 15. Counterparts. This Right of Entry may be executed in any number of counterparts, each of which when executed shall be deemed an original but all of which together shall constitute one and the same instrument. E-mail (PDF format) signatures shall be deemed and treated as originals. 16. Entire Agreement. This Right of Entry contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Right of Entry may only be modified by a writing signed by both Parties. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. EXECUTION AND NOTARY PAGE FOLLOWS SVK Development, LLC, a Minnesota limited liability company By: _-�L Its: >C4rd STATE OF MINNESOTA } COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me this A day of 2019, by �, r the —M �,,, a �,, of SVK Development, LLC, a Minnesota limited liability company on behalf of said i ed li ili vmpany. GARRETT R WATTERS otary Public NOTAW PUBW-MtNNEWTA My C"T"on Expires Jan. 31, 2022 City of NMinnes a muni ' al corporation h� l By: Kirk McDonald Its: City Manager STATE OF MINNESOTA } COUNTY OF HENNEPIN ss.". 1 The foregoing instrument was acknowledged before me this � day of A , 2019, by Kirk McDonald, the City Manager of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporatio . (Notary Public Seal) natu &yu- Notary Public VALERIE J LEONE Notary Public -Minnesota • i-)my Commisslon Expires Jan 31, 2020 Drafted By: JENSEN SONDRALL PERSELLIN & WOODS, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763)424-8811 4 EXHIBIT A Legal Description of Property Parcel 1 Approximately .72 acres PID No. 08-118-21-23-0001 Torrens Property, Certificate of Title No. 1477297 All that part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 118 North, Range 21 West lying Northeasterly of the Northeasterly line of the Minneapolis, St. Paul and Sault Ste Marie Railroad right of way, Hennepin County, Minnesota. Parcel 2 Approximately 7.98 acres PID No. 08-118-21-24-0001 Abstract Property All that part of the Southeast Quarter of the Northwest Quarter of Section 8, Township 118 North, Range 21 West lying North of the Soo Line right of way, Hennepin County, Minnesota. P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-21905 Windsor Ridge\Right of Entry Agreement.docx CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/17/2018 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(Ees) 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 Marsh & McLennan Agency LLC 7225 Northland Dr N #300 Minneapolis MN 55428 NA g; Kathryn Hau lid PHONE Fax Nn ; 212-948-9923 Ea AI yn.Haugl!dQMarshMMA.com �ss Kathr INSURERS AFFORDING COVERAGE NAIC# INSURER A: Western National Mutual Insurance Co 24465 INSURED KEVITEXCAV Kevitt Excavating, LLC; SVK Development, LLC; Kevitt Excavating, Inc.; SVK Development, Inc. INSURER B: Evanston Insurance Company 35378 INSURER c: INSURER D: 3335 Pennsylvania Ave N Crystal MN 55427 INSURERS: INSURER F : COVERAGES CERTIFICATE NUMBER: 1664052835 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. NSR L7R TYPE OF INSURANCE D L BR POLICY NUMBER POLICY EFF MM/DDlYYYY POLICY EXP MMIDi77mm LIMITS A X COMMERCIAL GENERAL LIABILITY CPP0021385 8/30/2018 8/30/2019 EACH OCCURRENCE $1.000,000 CLAIMS -MADE ❑X OCCUR DAMAGE TO RENTED-_ PREMISES Eeaccurrerlce $300,000 X MED EXP (Any one person) $ 10.000 CG0001 0413 X XCU not excluded PERSONAL & ADV INJURY $ 1.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000.000 POLICY � JECT LOC PRODUCTS - COMP/OP AGG _ $ 2.000,000 — OTHER: L 1 $ A AUTOMOBILE LIABILITY CPP0021303 8/30/2018 8/30/2019 EBMBBINED SINGLEL1 I $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROP RTY DAMAGE Per accwon $ HIRED NON -OWNED AUTOS ONLY NAUTOS ONLY $ A X UMBRELLA LIAB X OCCUR UMB0011550 8/30/2018 8/30/2019 EACH OCCURRENCE $6,000.000 AGGREGATE $ 6.000.000 EXCESS LIAB CLAIMS -MADE DED I X IRETENTION $ io S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE WCV1000429 1/1/2019 1/1/2020 ;KPER STATUTE I I ER EL, EACH ACCIDENT $ 500.000 OFFICER/MEMBER EXCLUDED? NIA EL. DISEASE - EA EMPLOYEE $ 500,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 A Contractors Equip - ACV CPP0021455 8/30/2018 8/30/2019 Scheduled EgUipment Per Schedule B Cnlralrs Pollution-Occ/$10k ret. Incidental Prof. Liab-Occ/$10kret MMAENV000253 8/30/2017 8/30/2019 $4.000,000Gen Agg $2.000.000Ag9 $2,000.000 Ea Cond $2,000,000 Ea Act DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) This insurance is issued pursuant to the Minnesota surplus lines insurance act. The insurer is an eligible surplus lines insurer but is not otherwise licensed by the State of Minnesota. In case of insolvency, payment of claims is not guaranteed. Company B is subject to statutes and regulations of surplus lines carriers. A - Contractors Equipment - ACV - CPP0021455 - 08/30/2018-2019 - Leased/Rented Equipment Limit - $300,000 / Deductible $500 City of New Hope is included as Additional Insured under the General Liability on a primary and non-contributory basis for ongoing work and completed operations of the named insured for specifically referenced jobs or as required by written contract or agreement. CERTIFICATE HOLDER CANCELLATION City of New Hope 4401 Xylon Ave N New Hope MN 55427 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. aRIZEDREPRESENTATNE 7`, -i y` ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD TEMPORARY ACCESS AGREEMENT 2; This Temporary Access Agreement (the "Agreement") is dated effective the /6"^day of November, 2018 and is entered into by and between the City of New Hope, a Minnesota municipal corporation ("City") and SVK Development, LLC, a Minnesota limited liability company ("SVK"). WHEREAS, the City is the fee owner of two adjacent parcels of vacant land totaling approximately 8.7 acres located in the City of New Hope, Minnesota at unassigned addresses, south of 52" Avenue and north of the C.P. railroad tracks approximately between40uebec and Louisiana Avenues North, identified as PID Nos. 08-118-21-23-0001 and 08-118-21-24-0001, County of Hennepin, State of Minnesota (collectively, the "Property"), as legally described in attached Exhibit A; and WHEREAS, the City and SVK are in the process of negotiating a Purchase Agreement for the sale of the Property to SVK, and related thereto, SVK has requested temporary access to the Property to perform certain initial soil testing and other related testing; and WHEREAS, the City is willing to permit SVK temporary access to the Property with small scale excavating equipment to dig test holes that will allow them to make observations related to ground water and soil conditions for the purpose of determining its suitability for SVK's intended development. NOW, THEREFORE, as an accommodation to SVK, the City is willing to grant a limited right of access, subject to the conditions set forth herein: 1. City agrees to allow SVK limited and temporary access to the Property commencing on November 15, 2018 and terminating on December 31, 2018, for the limited investigatory purpose stated above. 2. SVK agrees to enter upon the Property with reasonable care and without causing damage to the Property, using existing trails to access and navigate the Property and will fill in all holes once completed. 3. This Agreement grants a right of access only to SVK and its agents between the hours of 7:00 a.m. and 6:00 p.m. and is not to be deemed in any way to create a leasehold estate or other contractual rights to the Property. 4. City waives all claims for trespass arising from SVK's entry on the Property for the limited purpose stated herein. 5. Any entry by SVK for any reason other than for the limited purpose stated herein shall be deemed a trespass. 6. Before entering the Property, SVK shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD 25 forms, r showing the following insurance coverage, and listing SVK as a loss payee under the policies: a. General SVK Liability: b. Workman's Compensation: $1,000,000.00 Statutory Amounts The City shall be named as an Additional Insured in regard to the General SVK Liability forms where required by written contract on a primary and non-contributory basis, including completed operations. This certificate must provide for the above coverages to be in effect from the date of the Agreement until 30 days after the Completion Date, and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that SVK's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City streets or rights -of -way by either the City or any employee, agent, independent SVK or any other person or entity retained by the City to perform the services described herein. All insurance is subject to the review and approval of the New Hope City Attorney. 7. City will not be liable to SVK, its agents, assigns, general SVKs or employees for any damages or losses to person or property incurred during SVK's entrance onto the Property for any reason. 8. SVK agrees to waive and release City of and from any and all rights of recovery, claim, action or causes of action, for any loss or damage that may occur to SVK's personal property or equipment, by reason of any and all risk or perils, regardless of the cause. 9. SVK shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to performance under this Agreement. SVK shall provide adequate signs and/or barricades, and will take all necessary precautions for the protection of the work and the safety of the public 10. To the fullest extent permitted by law, SVK shall indemnify, defend and hold harmless the City, EDA, their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of SVK, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, in connection with SVK's entry on the Property regardless of whether or not it is caused in part by a party indemnified hereunder. 11. SVK agrees to restore the Property to the condition equivalent to or better than it a condition prior to its entry on the Property. 2 This Agreement shall remain in effect until December 31, 2018, and at such time shall automatically terminate and be null and void without notice or without further action by any party hereto. CITY OF EW HOPE B y. Kirk McDonald Its: City Manager SVK Development, LLC z �� By: -J Its. e 3 STATE OF MINNESOTA }ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this l (v4%% day of November, 2018 by Kirk McDonald, the City Manager of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. (Notary Public Seal) d DAVID E WALKER-CRAWFORD Notary Public State of Minnesota My Commission Expires ►* January 31,2021 STATE OF MINNESOTA }ss. COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me this Ilo day of November, 2018, by Q: c,)� )Aabjkh the �� R y�l , of SVK Development, LLC, a Minnesota limited liability company on behalf of said limited liability company. ctary Public Seal} GARRETT R WATTERS NOTARY PUBLIC-AIINNESOTA My Camis" Eow Jan. 31, 2022 r' Drafted By. JENSEN SONDRALL PERSELLIN & 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763)424-8811 WOODS, P.A. 0 �� - , - V Notary Public 0 EXHIBIT A Legal Description of the Property Parcel 1 Approximately .72 acres PID No. 08-118-21-23-0001 Torrens Property, Certificate of Title No. 1167349 All that part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 118 North, Range 21 West lying Northeasterly of the Northeasterly line of the Minneapolis, St. Paul and Sault Ste Marie Railroad right of way, Hennepin County, Minnesota. Parcel 2 Approximately 7.98 acres PID No. 08-118-21-24-0001 Abstract Property All that part of the Southeast Quarter of the Northwest Quarter of Section 8, Township 118 North, Range 21 West lying North of the Soo Line right of way, Hennepin County, Minnesota. P:\Attomey\SAS\l Client Files\2 City of New Hope\99-11431 Railroad Property\SVK Temporary Access Agreement - Railroad property.docx �1 'mac n® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 11 /16/2018 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 hakier is an ADDITIONAL INSURED, the pDlicy(ios) 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 endorsementrsl. PRODUCER Marsh & McLennan Agency LLC 7225 Northland ❑r N #300 Minneapolis MN 55428 p INSURED KEVITEXCAV Kevitt Excavating, LLC; SVK Development, LLC; Kevitt Excavating, Inc.; SVK Development, Inc. 3335 Pennsylvania Ave N Crystal MN 55427 CO}J�A T NAME: icath n Hau lid yw� E-MAIL ADDR ss: Kalh .Hau lid MarshMMA.com INSURER S AFFQR03NG COVERAG INSURER A' Western National Mutual Insurance INSURERS: Evanston Insurance Company INSURERC: INSURER D : COVERAGES CERTIFICATE NUMBER:2132643361 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS L7R TYPE OF INSURANCE A 9 ti,,, .....,,,,.n POLICY EFF POLICY EX-P A X COMMERCIAL GENERAL LIABILITY CPP0021385 CLAIMS -MADE rq OCCUR X CG00010413 X XCU not excluded GEN'L AGGREGATE LIMIT APPLIES PER: POLICY E PRO- JECT LOC A AUTOMOBILELIABILITY CPP0021303 X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY H AUTOS ONLY A r X+ UMBRELLALIAB � X OCCUR I UMB0011550 HI EXCESS LIAB ��r�ll1 r1 aruc &A.— A WORKERS COMPENSATION WCV1000429 AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUT WE OFFICER/MEMBER EXCLUE N I A (Mandat" In NH) If yes, describe under DESCRIPTION OF OPERATIONS bolcw A Contractors Equip - ACV CPP0021455 B Cntrctrs Pollulier-Oct1S10k ret. MMAENV000253 Incidental Prof. Liab-Occ/$10kret 8/30/2018 1 8/30/2019 8/30/2018 1 8/30/2019 8/30/2018 8/30/2019 1 /1 /2018 1 /1 /2019 8/30/2018 8/30/2019 8/30/2017 1 8/30/2019 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 01, Additional Remeri<a Schedule, may be attached If more space Is raqulri This insurance is issued pursuant to the Minnesota surplus lines insurance act. The insurer Is an eligible surplus li the State of Minnesota. In case of Insolvency, payment of claims is not guaranteed. Company B Is subject to statu A - Contractors Equipment - ACV - CPP0021455 - 08/30/2018-2019 - Leased/Rented Equipment Limit - $300,000 City of New Hope is included as Additional Insured under the General Liability on a primary and non-contributory operations of the named insured for specifically referenced jobs or as required by written contract or agreement. CERTIFICATE HOLDER City of New Hope 4401 Xylon Ave N New Hope MN 55427 CANCELLATION REVISION NUMBER: ED NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS D HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS EACHOCCURRENCE $1,000,000 RENTED PR EMI Es occurrence 3300.000 MED EXP (Any one person) S 10.000 PERSONAL & ADV INJURY S1,000,D00 GENERAL AGGREGATE $2.000.000 PRODUCTS - COMP/OPAGG $2,000.000 Ee aBINEQ INGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ E $ BOGtlertIOA EACH OCCURRENCE $ 6.000,000 AGGREGATE $6,000,000 S M. X i STATUTE ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE -EA EMPLOYEE $ 500,000 EJ_ DISEASE -POLICY LIMIT $ 500,000 Sdwduled Equipment Per Schedule SCON 000 Gen Agg 12,001,000 Ea Cord S2,000,000A29 $2,000,000 Ea Act ad) nes insurer but is not otherwise licensed by les and regulations of surplus lines carriers. / Deductible $500 )asis for ongoing work and completed SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AU7H RIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TEMPORARY ACCESS AGREEMENT ?. This Temporary Access Agreement (the "Agreement") is dated effective the "'day of November, 2018 and is entered into by and between the City of New Hope, a Minnesota municipal corporation ("City") and SVK Development, LLC, a Minnesota limited liability company ("SVK"). WHEREAS, the City is the fee owner of two adjacent parcels of vacant land totaling approximately 8.7 acres located in the City of New Hope, Minnesota at unassigned addresses, south of 52°a Avenue and north of the C.P. railroad tracks approximately between;Ouebec and Louisiana Avenues North, identified as PID Nos. 08-118-21-23-0001 and 08-118-21-24-0001, County of Hennepin, State of Minnesota (collectively, the "Property"), as legally described in attached Exhibit A; and WHEREAS, the City and SVK are in the process of negotiating a Purchase Agreement for the sale of the Property to SVK, and related thereto, SVK has requested temporary access to the Property to perform certain initial soil testing and other related testing; and WHEREAS, the City is willing to permit SVK temporary access to the Property with small scale excavating equipment to dig test holes that will allow them to make observations related to ground water and soil conditions for the purpose of determining its suitability for SVK's intended development. NOW, THEREFORE, as an accommodation to SVK, the City is willing to grant a limited right of access, subject to the conditions set forth herein: 1. City agrees to allow SVK limited and temporary access to the Property commencing on November 15, 2018 and terminating on December 31, 2018, for the limited investigatory purpose stated above. 2. SVK agrees to enter upon the Property with reasonable care and without causing damage to the Property, using existing trails to access and navigate the Property and will fill in all holes once completed. 3. This Agreement grants a right of access only to SVK and its agents between the hours of 7:00 a.m. and 6:00 p.m. and is not to be deemed in any way to create a leasehold estate or other contractual rights to the Property. 4. City waives all claims for trespass arising from SVK's entry on the Property for the limited purpose stated herein. 5. Any entry by SVK for any reason other than for the limited purpose stated herein shall be deemed a trespass. 6. Before entering the Property, SVK shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD 25 forms, showing the following insurance coverage, and listing SVK as a loss payee under the policies: a. General SVK Liability: $1,000,000.00 b. Workman's Compensation: Statutory Amounts The City shall be named as an Additional Insured in regard to the General SVK Liability forms where required by written contract on a primary and non-contributory basis, including completed operations. This certificate must provide for the above coverages to be in effect from the date of the Agreement until 30 days after the Completion Date, and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that SVK's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City streets or rights -of -way by either the City or any employee, agent, independent SVK or any other person or entity retained by the City to perform the services described herein. All insurance is subject to the review and approval of the New Hope City Attorney. 7. City will not be liable to SVK, its agents, assigns, general SVKs or employees for any damages or losses to person or property incurred during SVK's entrance onto the Property for any reason. 8. SVK agrees to waive and release City of and from any and all rights of recovery, claim, action or causes of action, for any loss or damage that may occur to SVK's personal property or equipment, by reason of any and all risk or perils, regardless of the cause. 9. SVK shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to performance under this Agreement. SVK shall provide adequate signs and/or barricades, and will take all necessary precautions for the protection of the work and the safety of the public 10. To the fullest extent permitted by law, SVK shall indemnify, defend and hold harmless the City, EDA, their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of SVK, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, in connection with SVK's entry on the Property regardless of whether or not it is caused in part by a party indemnified hereunder. 11. SVK agrees to restore the Property to the condition equivalent to or better than its a condition prior to its entry on the Property. 2 J? This Agreement shall remain in effect until December 31, 2018, and at such time shall automatically terminate and be null and void without notice or without further action by any party hereto. CITY OF NEW HOPE 1 �- Kirk McDonald Its: City Manager SVK Development, LLC By: Its: 3 STATE OF MINNESOTA }ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 1(.4K day of November, 2018 by Kirk McDonald, the City Manager of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. (Notary Public Seal) DAVID E WALKER-CRAWFORD Notary Public State of Minnesota My Commission Expires January31, 2021 STATE OF MINNESOTA } ss, COUNTY OF HENNEPIN �je..� Notary Public The foregoing instrument was acknowledged before me this l to day of November, 2018, by St.:c,V MCL�Q;�c_ , the �, „► ��.Y , of SVK Development, LLC, a Minnesota limited liability company on behalf of said limited liability company. (Notary Public Seal --------------------- " GARRETT R WATTERS NOTARY PUBLIC -MINNESOTA My CAmnYssbn Ezplres Jan. 31, 2022 Drafted By: Notary Public JENSEN SONDRALL PERSELLIN & WOODS, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424-8811 rd EXHIBIT A Legal Description of the Property Parcel 1 Approximately .72 acres PID No. 08-118-21-23-0001 Torrens Property, Certificate of Title No. 1167349 All that part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 118 North, Range 21 West lying Northeasterly of the Northeasterly line of the Minneapolis, St. Paul and Sault Ste Marie Railroad right of way, Hennepin County, Minnesota. Parcel 2 Approximately 7.98 acres PID No. 08-118-21-24-0001 Abstract Property All that part of the Southeast Quarter of the Northwest Quarter of Section 8, Township 118 North, Range 21 West lying North of the Soo Line right of way, Hennepin County, Minnesota. P:\Attomey\SAS\1 Client Files\2 City of New Hope\99-11431 Railroad Property\SVK Temporary Access Agreement - Railroad property.docx 5 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/16/2018 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 Marsh & McLennan Agency LLC 7225 Northland Dr N #300 Minneapolis MN 55428 INSURER A: Western INSURED KEVITEXCAV Kevitt Excavating, LLC; SVK Development, LLC; INSURER B: Evanston Kevin Excavating, Inc.; SVK Development, Inc. INSURERC: 3335 Pennsylvania Ave N INSURER D : Crystal MN 55427 Co COVERAGES CERTIFICATE NUMBER:2132543361 REVISION NUMBER: 212-948-9923 NAIC # 24465 35378 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 rAUDL Sl1BR' POLICY EFF POLICY EXP LT TYPE OF INSURANCE IN.5n WVD POLICY NUMBER MM/DDIYYYY) IMMDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CPP0021385 8/30/2018 8/30/2019 EACH OCCURRENCE $1.000,000 PREMISES Eaoocurrerlce $300,000 CLAIMS -MADE �J OCCUR X MED EXP (Any one person) $ 10,000 CG0001 0413 X XCU not excluded PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY[ PEC �� LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY CPP0021303 8/30/2018 8/30/2019 EaMaBc=INGLELIMIT $1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS 1)( ( BODILY INJURY Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per l $ A X UMBRELLALIAB X OCCUR UMB0011550 8/30/2018 8/30/2019 EACH OCCURRENCE $6,000,000 AGGREGATE $6,000,000 EXCESS LIAB CLAIMS -MADE DED J X I RETENTION $ In nnn $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA WCV1000429 1/1/2018 1/1/2019 X PER RETH- STATUTE ER E.L,EACH ACCIDENT $500,000 E.L DISEASE - EA EMPLOYEI; $ 500,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT s 500 000 DESCRIPTION OF OPERATIONS below A B ContractorsEquYp - ACV !rcIrs Pollution Ocx1$10k ret, Incidental Prof. Liab-Occ/$10krel CPP0021455 MMAENV000253 8/30/2018 6/30/2017 8/30/2019 8I30/2019 Scheduled Equipment 84,0W,000Ag9 $2,L700,000Agg Per Schedule $2,000,000 Ea ACond ct $2,000,000 Ea Act DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This insurance is issued pursuant to the Minnesota surplus lines insurance act. The insurer is an eligible surplus lines insurer but is not otherwise licensed by the State of Minnesl,la. In case of insolvency, payment of clalms is not guaranteed. Company B is subject to statutes and regulations of surplus lines carriers. A - Contractors Equipment - ACV - CPP0021455 - 08/30/2018-2019 - Leased/Rented Equipment Limit - $300,000 / Deductible $500 City of New Hope is included as Additional Insured under the General Liability on a primary and non-contributory basis for ongoing work and completed operations of the named insured for specifically referenced jobs or as required by written contract or agreement. Ia r%I Ir Katy! C ny1_Wr_rc I,ANLt=LLA I IUIV City of New Hope 4401 Xylon Ave N New Hope MN 55427 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. gU�HIi>rD REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AMERICAN ENGINEERING TESTING, INC. February 7, 2018 City of New Hope 4401 Xylon Ave N New Hope, MN 55428 Attn: Mr. Aaron Chirpich, Community Development Specialist achilpich u)ci.new-hnpe.mn.us Re: Revised Proposal for Geotechnical Exploration Proposed New Hope Railroad Site Near 52nd Ave. N & Louisiana Ave. N. New Hope, Minnesota Dear Mr. Chirpich: CONSULTANTS • ENVIRONMENTAL • GEOTECHNICAL • MATERIALS • FORENSICS American Engineering Testing, Inc. (AET) is pleased to submit a revised proposal for the proposed New Hope Railroad Site located near 52nd Ave. N & Louisiana Ave. N. in New Hope, Minnesota. In this proposal, we present our understanding of the project, an outline of the scope of services we are to provide, a fee schedule, and an estimate of charges for our services. Project Information: We understand you are proposing to develop a parcel of property for single-family residential development. The likely development will consist of single-family homes located on both sides of an east -west roadway. A storm water pond will likely be located at the south edge of the property, adjacent to the railroad right-of-way. Scope of Services: Field Exploration We will: • Stake the boring locations according to a drawing provided by you. • Arrange clearance of underground public utilities through the Gopher State One -Call System. • Since the site is not been previously developed, we will not locate underground private utilities that are not located by Gopher State One -Call System. • Drill 8 standard penetration test borings, six to a nominal depth of 20 feet and two to a nominal depth of 30 feet (total footage of 180 feet) using hollow stem augers or by rotary mud drilling, and sampling by the split -barrel method (ASTM: D1586). Our crew will keep a field log noting the methods of drilling and 550 Cleveland Ave North I St. Paul, MN 55114 Phone 651-659-9001 1 Toll Free 800-972-6364 1 Fax 651-659-1379 1 www.amengtest.com I AA/EEO This document shall not be reproduced, except in full, without written approval of American Engineering Testing, Inc City of New Hope Project: Near 52nd Ave. N & Louisiana Ave. N. New Hope, Minnesota February 7, 2018 Page 2 of 4 sampling, the standard penetration values (N-values, "blows per foot"), preliminary soil classification, and observed groundwater levels. Representative portions of recovered samples will be sealed in jars to prevent moisture loss and submitted to our laboratory for review, testing and final classification. The borings will be sampled at 2 Moot intervals to a depth of 15 feet and then at 5-foot intervals thereafter. ■ Seal the boreholes per Minnesota Department of Health requirements. Laboratory Testing We will initiate routine laboratory testing by reviewing each recovered soil sample to assess the major and minor soil components, while also noting the color, degree of saturation, and lenses or seams in the samples. If we encounter cohesive soil, we will test selected samples for moisture content. On completion of testing, we will visually/manually classify each sample based on texture and plasticity in accordance with the Unified Soil Classification System, and prepare the boring logs. Report Upon completion of the drilling and laboratory testing, we will prepare a geotechnical report including the following: • Recommendations for site grading for the addition, including suitable materials and compaction requirements. ■ Recommendations for foundation support including allowable bearing pressures and estimates of total and differential settlement. • Recommendations for floor slab support. • Recommendations for pavement subgrade preparation and pavement sections. • Recommendations for infiltration rates for the storm water pond. Minnesota Department of Health Fees Effective July 1, 2017, the Minnesota Department of Health (MDH) has changed the borehole sealing and notification requirements. For sites where borings are drilled to a depth of 15 feet or deeper, all licensed drilling companies are required by law to submit written notification to the MDH prior to drilling along with a fee of $75. The below fee estimate for our geotechnical services includes the MDH fee for the proposed scope of drilling and grouting the borings. The MDH Sealing Record requires the Property Owner name and mailing address (the Property Owner will also receive a copy of the Sealing Record). Please provide this information below if the city is not the current property owner. Property Owner's name/company name: American Engineering Testing, Inc. City of New Hope Project: Near 52nd Ave February 7, 2018 Page 3 of 4 qq o 1 �L N & Louisiana Ave. N. New Hope, Minnesota Ave h ve, A" Property Owner's mailing address: Fees: For the scope of services described above, our charges will be $7,300. In the event the scope of our services needs to be revised (for example, additional borings, a deeper boring, or additional field or laboratory testing), we will review such scope adjustments and the associated fees with you, and receive your approval before proceeding. Schedule: Based on our current backlog, we estimate the following schedule: Task Duration Time after Authorization Comments Begin Drilling 1 day 2 weeks Draft Report 2 weeks Final Report 2 '/z weeks Assumes receiving review comments within 2 days Please inform us if we need to expedite the project to meet your scheduling requirements. We will work with you to meet your requirements. Environmental Concerns: This proposal is presented for engineering services to evaluate the structural properties of the soil at the specified site. This proposal does not cover an environmental assessment of the site or environmental testing of the soil or groundwater. If you wish to have us provide these additional services, please contact us. Terms and Conditions: All AET Services are provided subject to the Terms and Conditions set forth in the enclosed "Environmental/Geotechnical 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 upon acceptance of the proposal. Acceptance: This proposal is presented in electronic (PDF) form; hard copies can be prepared and mailed to your office upon request. 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) American Engineering Testing, Inc. City of New Hope Project: Near 52nd Ave. N & Louisiana Ave. N. New Hope, Minnesota February 7, 2018 Page 4 of 4 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. We have enclosed with this proposal a copy of the "Environmental/Geotechnical Service Agreement — Terms and Conditions." The terms contained in the attached "Environmental/Geotechnical Service Agreement — Terms and Conditions" are incorporated herein and are an integral part of this contract for professional engineering services. If you have questions regarding this proposal, please contact us. Sincerely, American Engineering Testing, Inc. Loren W. Braun, PE Principal Engineer Enclosures: 2018 Geotechnical Fee Schedule Service Agreement (4 pages) Insurance Form W-9 AET PROPOSAL ACCEPTANCE AND AUTHORIZATION Project: New Hope Railroad Site, Near 52nd Ave. N & Louisiana Ave. N., New Hope, Minnesota r Signature: Date: Printed Name: Title: i . Company: 4 American Engineering Testing, Inc. I. Persow el Hourly Rates A. Word Processing Specialist 69.00/hr. B. Engr. or Env. Technician I 75.00/hr, C. Engr, or Env. Technician II 89.00/hr. D. Drill Technician/Geo Lab Technician 100.00/hr. E. Senior Engineering Technician 113.00/hr. F. Engineering Assistant 117.00/hr. G. Engineer I/Geologist I 128.00/hr. H. Engineer II/Geologist II/Sr. Engr. Assistant 145.00/hr. I. Senior Engineer/Geologist 163.00/hr. J. Principal Engineer/Geologist 197.00/hr. II.yeliicke Mileanc A. Personal Automobile/Truck 0.75/mile B. Auxiliary Truck Vehicle 1.00/mile C. Truck with Coring, FWD, or GPR Equipment 1.10/mile D. Truck with Warning Sign/Crash Trailer 1.20/mile E. 1-ton Truck with Drill Rig 1.20/mile F. 1'/2 to 2'/2-ton Truck with Drill Rig 1,35/mile G. CPT Truck Rig (20-ton push capacity) 1.60/mile H. Tractor/Lowboy Trailer 1.80/mile M. Eguinment Mental A. Drill Rig Rental 1. Rotary Drill on 1-ton Truck 76.00/hr. 2. Rotary Drill on 1'/2 to 2%2-ton Truck 86.00/lu•. 3. Rotary Drill on All -Terrain Vehicle 117.00/hr. 4. Portable, Non -rotary Rig 86.00/hr. B. Auxiliary/Specialty Vehicle Rental 1. Auxiliary Truck Vehicle 18.50/he 2. Truck with Warning Sign/Crash Trailer 42.00/hr. 3. Truck with Coring Equipment 57.00/hr. C. Cone (CPT) Rig/Equipment Rental 1. CPT Rig (Truck or ATV) 151.00/hr. 2. Electronic Cone w/Computer 46.00/hr. 3. Soil Sampler 5.00/hr. 4. Water Sampler 22.00/hr. D. Miscellaneous Equipment Rental 1. Field Vane Shear 335.00/day 2. Field Electrical Resistivity 260.00/day 3. Field Seismic Shear Wave (ReMi) 435.00/day 4. Inclinometer Reading Equipment 340.00/day 5. Electronic Transducer Reading I80.00/day 6. Bore Hole Permeability a. Open End Casing Method 140.00/day b. HQ Wireline Packer 350.00/day 7. Borehole Pressuremeter 75.00/hr. 8. Iowa Borehole Shear Tester 335.00/day 9. Double Ring Infiltrometer 275.00/day 10. Photoionization Detector (PID) 115.00/day 11. GPS Mapping System 16.00/hr. 12. Pile Driving Analyzer (PDA) 750,00/day 13. Calibrated SPT Rod 230.00/day 14. Pile Integrity Test (PIT) 360.00/day 15. Portable Concrete Coring Equipment 50.00/hr. 16. Pavement Testing Equipment (includes truck) a. Falling Weight Deflectometer 175.00/hr. b. Ground Penetrating Radar (GPR) 350.00/day. E. Geotechnical Software Rental 1. Geo Studio Finite Element 75.00/hr, 2. CAPWAP 40.00/hr. 3. AutoCAD or Microstation 35.00/hr. 4. Wave Equation (WEAP) 25,00/hr. 2018 GEOTECHNICAL FEE SCHEDULE 5. LPILE or GROUP , 25.00/hr. 6, Slope Stability (ReSSA) 25.00/hr, 7, Stabilized Earth Slopes & Walls 25,00/hr. 8. Settlement (FoSSA) 25.00/hr. 9. SHAFT 25.00/hr. F. Bit Wear- Rock Coring 1. Diamond Bit - Sedimentary Rock a) B, NQ 11.00/foot b) HQ 13.00/foot 2. Diamond Bit - Metamorphic & Igneous a) B, NQ 19.00/foot b) HQ 22.00/foot IV. Ls:boratorYTssts of Snit A. Water Content hourly B. Dry Density (includes water content) 59.00/test C. Atterberg Limits (ASTM:D4318) 1. Plasticity Index 115.00/test 2. Liquid Limit or Plastic Limit Separately 100,00/test D. Sieve Analysis (includes 4200) 107.00/test E. Hydrometer Analysis (sieve included) 202,00/test F. Thermal Resistivity w/Proctor (ASTM:D5334) 1, As Received and Oven Dried (2 pts) 1000,00/test 2. Dry Out Curve (4 pts) 1245.00/test G. Electrical Resistivity (ASTM:G57-Soil Box) 102.00/test H. Corrosion/Concrete Attack Series* price upon request 1. Consolidation (up to 32 tsf) 1. With P-e curves only 475,00/test 2. With P-e curves, time curves 600.00/test J. Unconfined Compression (incl, we/density) 100.00/test K. Hand Penetrometer 10,00/test L, Organic Content of Soil 67.00/test M. Topsoil Borrow Test (Mn/DOT 3877) 295.00/test N. R-value (Hveem Stabilometer) 400.00/test O. California Bearing Ratio 1, Granular 640.00/test 2. Cohesive 730.00/test P. Proctor Tests (Methods A or B) 1. Standard 130.00/test 2. Modified 145.00/test *includes pH, chloride ion, soluble sulfates, sulfides, redox potential (resistivity not included). V. Ralases A. Direct Project Expenses: includes out -of- Cost + 15% town per diem; plowing & towing; special materials & supplies; special travel, transportation & freight; subcontracted services, and miscellaneous costs B. Equipment Replacement (when abandonment Cost is more feasible than recovery) C. Equipment Recovery (when required by Cost + 15% regulatory agencies or project specifications) The rates presented are portal-to-portal with vehicle mileage, expenses and equipment rentals being additional. Overtime for personnel charged at above cost plus 25% for over 8 hours per day or Saturday; and at above cost plus 50%for Sundays or Holidays. Hazardous work charged at an additional 25%. Nighttime shift work will include a premium charge of $30.00 per person per shift. 01DPM021.15 (1/18) AMERICAN ENGINEERING TESTING, INC. AMERICAN L ENGINEERING TESTING, INC. Dear Client, The following paperwork is enclosed: CONSULTANTS ENVIRONMENTAL GEOTECHNICAL MATERIALS FORENSICS 1. AET's Proposal with Terms and Conditions (Please sign and return to your AET contact) 2. Proof of Insurance (Please give to your accounting department) 3. W9 (Please give to your accounting department) ***If your company is South Dakota or Iowa Sales Tax exempt, please send your tax exempt certificate back with your signed proposal. Please let me know if you have any questions and thank you for choosing AET! Thank you, a Robert Krogs ardaQ�q�r r CFO, American Engineering Testing, Inc. 550 Cleveland Avenue North I Saint Paul, MN 55114 Phone (651) 659-9001 1 (800) 972-6364 1 Fax (651) 659.1379 1 www.amengtest.com I AA/EEO This document shell not he reproduced, except in full, without written approval from American Engineering Testing, Inc. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 4 SECTION 1- RESPONSIBILITIES 1_1 - This Service Agreement — Terms and Conditions ("terms and conditions") is applicable to all Services provided by American Engineering Testing, Inc. (AET). As used herein "Services" refers to the scope of services described in the proposal submitted by AET to Client. The proposal, these terms and conditions and any appendices attached hereto shall comprise the Agreement between AET and Client for Services described in the proposal and are binding upon the Client, its successors, assignees, joint ventures and third -party beneficiaries. AET requests written acceptance of the Agreement, but the following actions shall also constitute Client's acceptance of the Agreement: 11. issuing an authorizing purchase order, task order or service order for any of the Services. 21 authorizing AET's presence an site, or 3) written or electronic notification for AET to proceed with any of the Services. Issuance of a purchase order, task order or service order by Client which contains separate terms and conditions will not take precedence or modify the terms and conditions contained in this Service Agreement. 1_2 — Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and property owner, site safety plans or other documents which may control or affect AET's Services. If new information becomes available 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 or indemnity obligations of AET for loss or damages related to such changes. Client will provide a representative for timely answers to project -related questions by AET. 1_3 - AET is responsible only for performance of the Services. AET will not be held responsible for work or omissions by Client or any other party working on the project. The Services do not include construction management, general contracting or surveying services. AET will not be responsible for directing or supervising the work of other parties, unless specifically authorized and agreed to in writing. 1_4 — Client acknowledges the limitations inherent in sampling to characterize buried subsurface conditions. Variations in soil 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 in soil and subsurface conditions. 1_5 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1_6 - Should changed conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1_7— 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_8 - 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 - SITE ACCESS AND RESTORATION 2_1- Client will furnish AET safe and legal site access. 2_2 Client acknowledges that in the normal course of its Services, AET may unavoidably alter existing site conditions or affect the environment in the area being studied. AET will take reasonable precautions to minimize alterations to the site or existing materials. Restoration of the site is the responsibility of the Client. SECTION 3 - UNDERGROUND UTILITY AND STRUCTURE CLEARANCE 3_1- Borings, excavations and other penetrations must be located at safe distances from underground utilities or other man-made objects. Client shall advise AET of all utilities that service or are located on the site, and any underground improvements located on the site. Prior to drilling, AET will contact state notification centers, where available, or individual utility owners where a state notification center is not available. AET shall be entitled to rely on the location information provided by locating vendors. 3_2—If Public utility owners do not provide the locating service on private property or the property owner has private underground improvements which cannot be cleared through the state notification center or public utility owners, Client shall be responsible for location of such utilities prior to drilling, or for payment of a private utility clearance subcontractor. 3_3 - AET will not be responsible for any damages to underground utilities/improvements not located or incorrectly identified by the foregoing location methods. SECTION 4 - CONTAMINATION 4_1- Client acknowledges and accepts all contamination risks which may be associated with the Services. Risks include, but are not limited to, cross contamination created by linking contaminated zones to uncontaminated zones during the drilling process; containment and proper disposal of known or suspected hazardous materials, drill cuttings and drill fluids; and decontamination of equipment and disposal and replacement of contaminated consumables. Discovery of actual or suspected hazardous materials shall entitle AET to take immediate measures it deems necessary in its sole discretion, including regulatory notification, to protect human health and safety, and/or the environment. Further, discovery of such materials constitutes a changed condition for which Client agrees to pay associated additional cost. 4_2 - Client shall indemnify and hold AET harmless from all liability, damages, claims or costs resulting from contaminants on the site. SECTION 5 - SAFETY 5_1- Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. 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. 5_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. ACS417EG (01/18) AMERICAN ENGINEERING TESTING, INC. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 4 SECTION 6 —SAMPLES 6_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. 6_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 7 - PROJECT RECORDS The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a minimum of three years following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 8 - 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 9 - INSURANCE AET maintains insurance with coverage and limits shown below. AET will furnish certificates of insurance to Client upon request. 9_1— AET maintains the following insurance coverage and limits of liability: Workers' Compensation Employer's Liability Commercial General Liability Automobile Liability Professional Liability Insurance Statutory Limits $100,000 each accident $500,000 disease policy limit $100,000 disease each employee $1,000,000 each occurrence $1,000,000 aggregate $1,000,000 each accident $1,000,000 per claim $1,000,000 aggregate 9_2 - Commercial General Liability insurance will include coverage for Products/Completed Operations extending one (1) year after final acceptance of the Project by Owner, Property Damage including Completed Operations, Personal Injury, and Contractual Liability insurance applicable to AET's indemnity obligations under this Agreement. 9_3 -Automobile Liability insurance shall include coverage for all owned, hired and non -owned automobiles. 9_4 -Professional Liability Insurance is written on a claims -made basis and coverage will be maintained for one (1) year after final acceptance of the Project by Owner. Renewal policies during this period shall maintain the same retroactive date. 9_5 - To the extent permitted by applicable state law, and upon Client's signing of the proposal, which includes these Terms and Conditions, and return of the same to AET, or Client provided forms of acceptance as defined in Section 1.1; Client and Owner shall be named an "additional insured" on AET's Commercial General Liability Policy (Form CG D4 14 04 08, which includes blanket coverage for Products/Completed Operations and on a Primary and Non -Contributory basis). Client and Owner shall also be named an "additional insured" on a Primary and Non-contributory basis on AET's Automobile Liability Policy (Form CA T4 74 02 12). Any other endorsement, coverage or policy requirement shall result in additional charges. 9_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. 9_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 10 - DELAYS If delays to AET's Services are caused by Client or Owner, work of others, strikes, natural causes, weather, or other items beyond AET's control, a reasonable time extension for performance of work shall be granted, and AET shall receive an equitable fee adjustment. SECTION 11- PAYMENT, INTEREST, AND BREACH 11.1- 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. 11.2— 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. ACS417EG (01/18) AMERICAN ENGINEERING TESTING, INC. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT -TERMS AND CONDITIONS Page 3 of 4 11.3 — 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 12 - 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 13 - MEDIATION 13.1 - 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. 13.2 - Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall share the mediator's fee and any filing fees equally. The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 14 - LITIGATION REIMBURSEMENT Except for matters relating to non-payment of fees, which is governed by Section 11 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 15 - MUTUAL INDEMNIFICATION 15.1- Subject to the limitations contained in Sections 13 and 14, 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. 15.2 - 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. 15.3 - 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. 15.4 - 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 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 Service Agreement. This mutual waiver of consequential damages includes, but is not limited to, the following: loss of profits; loss of revenue; rental costs/expenses incurred; loss of income; loss of use of property, equipment, materials or services; loss of opportunity; loss of rent; loss of good will; loss of financing; loss of credit; diminution of value; loss of business and reputation; loss of management or employee productivity or the services of such persons; increased financing costs; cost of substitute facilities; cost of substitute goods/property/equipment; cost of substitute services; and/or cost of capital. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Service Agreement in accordance with the provisions of the Service Agreement and related Documents and shall survive any such termination. SECTION 17 - LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, the total aggregate liability of AET's officers, directors, partners, employees, subcontractors, agents, and sub -consultants, to Client and/or Client's employees, officers, directors, members, agents, assigns, successors, or partners, or anyone claiming through Client, for any and all injuries, damages, claims, losses, or expenses (including attorney's fees and costs) arising out of, resulting from or in any way related to services provided by AET from any cause or causes, including, but not limited to, its negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty and shall not exceed the total compensation in excess of costs received by AET for services or $50,000, whichever is greater. The limitation of liability set forth herein does not apply to claims arising solely out of or related to the willful or intentional acts of AET. SECTION 18 — UNIONIZATION AET reserves the right to negotiate an appropriate fee increase or to terminate its contract on three (3) days written notice to Client without incurring penalties or costs from Client, Owner and their successors, assignees, joint -venturers, contractors and subcontractors, or any other parties involved with the project for claims, liabilities, damages or consequential damages, directly or indirectly related to AET being required to provide unionized personnel on the project. Reservation of this right on the part of AET represents neither approval nor disapproval of unions in general or the use of collective bargaining agreements. ACS417EG (01/18) AMERICAN ENGINEERING TESTING, INC. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 4 of 4 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 Egderal Regulations Part471, AppendlxA to Subj2=-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 this Agreement for justifiable reasons. In this event, the Client shall pay AET for all work 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. ACS417EG (01/18) AMERICAN ENGINEERING TESTING, INC. AmCKF.Urv--IL AKU: ACCJRo� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) `-� 12108/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ann Ross NAMEw HUB International Mountain States Limited PHONE FAX 245 E. Roselawn Avenue, Suite 31 (A/C, No, Ext): 651) 288-5137 i (A/C, No):(651) 286-0560 Saint Paul, MN 55117-1940 Ji%%6s. ann.ross@hubintemirtional.com INSURED AMERICAN CONSULTING SERVICES INC AMERICAN ENGINEERING TESTING INC AMERICAN PETROGRAPHIC SERVICES INC 550 CLEVELAND AVE N ST PAUL, MN 55114-1804 A: The Phoenix Insurance Company 25623 B : Travelers Property Casualty Company of America 25674 c : Travelers Casualty Insurance Company of Americ 19046 D: Continental Casualtv Comoanv 20443 INSURER F : nrk%/=0AC-FC !`CC►TiCIPATIZ MI IRAMCC - CPC1►1aIA#1hit IRACILC0- 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS MM! D Y A X COMMERCIAL GENERAL LIABILITY ^] OCCUR EACH OCCURRENCE $ 1,000,000 G 50000CLAIMS-MADE , MED EXP (Any oneperson) 5,000 PERSONAL & ADV INJURY 110001000 GEN'LAGGREGATE LIMIT APPLIES PER: PRO- X POLICY JECT DLOC OTHER: GENERAL A RE ATE 1,000,000 PR DUCTS - COMP/OP AGG 1,000,000 B AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY NON-OWNED ONLY B10797K914000F18 01/0112018 01/01/2019 COMBINED SINGLE LIMIT 11000,000 BODILY INJURY JPer Person) BODILY INJURY Peraccident Perk dent AMAGE UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE $ DIED I I RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY r k pAN�Y CCPROPRIETOR/PARTNER/EXECUTIVE N tR.FAER/MstorIn NH) EXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below NIA NB709K909318 01/0112018 0110112019 X PER OTH- T E.L. EACH ACCIDENT 100,000 E.L. DISEASE • EA EMPLOYE 100�000 E.L. DISEASE - POLICY LIMIT 5D0 00l) D D PROFIPOLL LIABILITY RETRO:070287 ECH254066939 IECH254066939 0110112018 01/01/2018 0110112019 PER CLAIM 01/01/2019 AGGREGATE 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PROOF OF INSURANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Farm W=9 (Rev. November 2017) Department df the rreaauy Internal Flevenu6 Sen�ice Request for Taxpayer Identification Number and Certification ►Go to 1 Name (as shown on your Income tax ratu American Engineering Testing, I 2 13uslness nama/disregarded entity name, requked above for instructions and the latest Information. a tine; do not [save this Ilno blank. 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ individual/sole, proprietor or ❑ C Corporation 10 S Corporation ❑ Partnership ❑ Trust/estate single -member LLC Give Form to the requester. Do not send to the IRS. 4 Exemptions (codes apply only to certain entities, not individuals; see Instructions on page 3): Exempt payee code (If any) ❑ Umited liability company. Enter the tax classification (C=C corporation, S-S corporation, P=Partnership) I► Note: Check the appeoprlste box in the 11Re above for the tax classlllcatlon of the single -member owner. Do not check Exemption from FATCA reporting t1C if the LLG is classified as a single -member LLC that Is dlsregardod from the owner unless the owner of the LLC Is code Qf any) another LLC that Is not disregarded from the owner for LI S. federal tax purposes, otherwise, a singlo-member U.0 that is disregarded from the owner should check the appropriate box for inn tax classification of its owner. LJ Other (see instruct tons) ► 5 Address (number, street, and apt. or suite no.) See instructions, e City, state, and ZIP Code 5t, Paul. AN 65114 7 Ust account numbers) here (optionao Mores to accoum /lehxaVW ootdkh MM U.S.) Requester's name and address (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 I Social security number _ backup wlthhclding. For individuals, this is generally your social security number (55N). However, fora � 411 - resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entitles, It Is your empioyer Identification number (El N). If you do not have a number, see Flow to get a TIN, later. or Note: If the account is in more than one name, see the Instructions for line 1. Also see What Name and Employer ldenftLatfon number Number To Give the Requester for guidelines on whose number to enter. 4 1- 0 1 9 1 7 71.51 2 F1 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 Of any) Indicating that I am exempt from FATCA reporting Is correct. Certification Instruotions. 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 an your tax retu�Frea.l estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation btrixitlons to an individual retirement arrangement (IRA), and generally, payments other than interest arv,)AWkWWs, you are not required cetion, but you must provide your correct TIN. See the Instructions for Part 11, later. ieire l U.S.Hhereon ■ r��_ ��r Date W General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to wwwdrs.gov1FormW9. 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 (nN) whloh may be your socletI soourlty number ISSN), Indivlduat taxpayer identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer Identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, Incltfding those from stocks or mutual funds) • Form 1 o99-MISC (various types of Income, prizes, awards, or gross proceeds) e 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. Ifyou do not retum Form W-9 to the rquesrer with a T1N, you might be subject to backup wFthhotding. Sea What Is backup withholding, Eater. Cat. No. 10231X Form W-9 (Rev. 11-2017)