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IP #995 asbestos testingA1IERICAN ENGINEERING TESTING, INC. October 12, 2017 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Attn: Mr. Ben Beery bbeery@woldae.com RE: Proposal: Asbestos/Regulated Waste Inspection Honsey Outdoor Pool 4301 Xylon Avenue North New Hope, MN 55428 AET Proposal No. 03-07024 Dear Mr. Beery: CONSULTANTS • ENVIRONMENTAL • GEOTECHNICAL • MATERIALS • FORENSICS American Engineering Testing, Inc. (AET) is pleased to offer services to the City of New Hope (hereafter referred to as the Client and/or User) for conducting an Asbestos/Regulated Waste Inspection at the Honsey Outdoor Pool (Site) located in New Hope, Minnesota. This proposal has been prepared in response to your recent email request, which included a map identifying the buildings requiring inspection. We propose to provide the following services according to the requested email: 1. Pre -Demolition Asbestos/Regulated Waste Inspection. This proposal describes our understanding of the Site, the purpose, scope, schedule, fees, and other information regarding our services for the Asbestos/Regulated Waste Inspection. PROJECT INFORMATION The Site includes one parcel, Hennepin County Property Identification Number (PID), 1811821120005. The Site is approximately 13.85 acres. The Site is currently owned by the City of New Hope. There are six ,permanent building structures at the property. The date of construction is not identified on the County website. The six building have a combined square footage of approximately 6,050 square feet. The buildings have been identified as Bldgs. #1 through #6 with Building #1 being in the northeast corner of the property with the rest of the buildings being numbered consecutively in a counterclockwise fashion. Building #6 is in the southwest corner of the property. PURPOSE This proposal is based on our professional experience at similar properties. The purpose of this project is to identify potential sources of asbestos/regulated waste associated with the Site in preparation for the planned demolition and redevelopment of the Site. 550 Cleveland Avenue NorthiSt. Paul, MN 55114 Phone 651-659-9001 IToll Free 800-972-6364 1Fax 651-659-1379 1 www.amengtest.com,AA1EEQ Ow This document shall not be reproduced, extepl In full, without written approval from Amartean Engineering Testing, Inc. City of New Hope AET Proposal No. 03-07024 October 12, 2017 Page 2 of 7 Below are additional details regarding the specific purposes and approach 1. Pre -Demolition Asbestos and Regulated Waste Inspection The purpose of the Pre -Demolition Asbestos Inspection is to determine the types, quantities and locations of asbestos and other regulated wastes, as defined in the Minnesota Pollution Control Agency (MPCA) Pre -Demolition Environmental Checklist and Guide, present at the Site. The inspection will be conducted utilizing destructive inspection techniques, which will leave unpatched holes in the floors, walls, ceilings and roof. After receiving the analytical results, we will prepare a report detailing our findings and recommendations. SCOPE OF SERVICES The proposed scope of services is described below. 1. Pre -Demolition Asbestos/Regulated Waste Inspection AET will perform the following tasks: • Review available building plans and additional information (e.g., previous asbestos inspections and/or abatement reports) to obtain information indicating the existence of asbestos containing building materials (ACBM). • Conduct one mobilization(s) to the Site. • Visually identify, inventory and quantify suspect ACBM in the building. • Conduct an asbestos inspection in accordance with EPA regulation 40 Code of Federal Regulations (CFR) part 61, National Emission Standards for Hazardous Air Pollutants (NESHAP) and sample in accordance with Asbestos Hazardous Response Act (AHERA). • Destructive sampling methods will be used for this inspection. The method applies techniques for accessing hidden and inaccessible spaces resulting in obvious and possibly significant damage to the building systems and finishes. AET is not responsible for cleaning or removing debris generated from the inspection process, but will make reasonable accommodations when requested. Temporary patching or repairing damage materials is not conducted. • Collect up to 50 samples of suspect ACBM for asbestos analysis. • Submit collected samples to an accredited laboratory for polarized light microscopy (PLM) to assess asbestos content. Samples are analyzed in 1 to 2 days from the time the laboratory receives the samples, not including weekends or holidays. Faster turn- around -time (TAT is available at an additional charge upon request. • Should any of the building material samples return an asbestos analytical result of less than one percent, we will conduct asbestos point count analysis of the material to confirm a less than one percent asbestos content required by the Environmental Protection Agency (EPA). We estimate up to 5 samples requiring point count analysis. City of New Hope AET Proposal No. 03-07024 October 12, 2017 Page 3 of 7 Further explanation of the point counting requirement is provided at the end of this section. • Photographically document selected observations and sample locations. • Conduct a visual assessment identifying, inventorying and quantifying regulated wastes referenced in the MPCA Pre -Demolition Environmental Checklist and Guide. • Electronically submit laboratory results with a preliminary explanation summarizing the findings. However, preliminary results may be incomplete and the Client is encouraged to wait for the written report prior to implementing corrective actions. • Submit electronically a written report to include asbestos sample and regulated waste locations, quantity and location, laboratory analytical results, diagrams, conclusions and recommendations. Note —Asbestos Point Counting EPA issued a memorandum, dated May 8, 1991, clarifying the point counting requirement. This memorandum applies to all regulated asbestos containing material (RACM), which is defined in 40 CFR Part 61, Section 141. The memorandum recommends the following procedures be followed for the analysis of RACM: l . If after analyzing a sample by polarized light microscopy, no asbestos is detected, point counting does not have to be performed. A minimum of three prepared slides should be analyzed and found to be negative for asbestos before making this determination. 2. If the analyst visually estimates the amount of asbestos in a sample of potential RACM to be less than ten percent, the building owner, or operator, may choose to either, (1) assume that the material contains greater than one percent and treat the material as RACM, or (2) have the amount verified/ quantified by point counting. The final result that is obtained from point counting is the result that is to be reported. 3. If the amount of asbestos is observed in the sample, using PLM, but no fibers were counted during the point counting procedure, the results should be reported as "trace" asbestos. (This occurs when asbestos is seen on the slide, but no fibers fall under the graticule while point counting.) LIMITATIONS Refer to Service Agreement —Terms and Conditions for additional limitations. • The proposal is based on the information provided by the Client. ■ Services will be conducted on a day and time agreeable to both parties • Services are limited to building location(s) referenced in this proposal. ■ Information obtained from the area(s) inspected cannot be applied to area(s), materials or buildings not included in this inspection. City of New Hope AET Proposal No. 03-07024 October 12, 2017 Page 4of7 • Services exclude areas that are not accessible to AET staff due to physical limitations, inaccessibility, and safety issues. Furthermore, immoveable objects, damaged structural components, snow, ice and other obstructions may limit AET's ability to observe or assess certain building components for ACBM, hazardous materials or items of interest. • Sample locations are based on our visual assessment, Client's preference, site conditions, regulatory requirements, and professional judgment of AET's personnel. • The proposal does not include identifying hazardous materials other than the hazardous materials specifically stated in this proposal. The inspection does not include identifying buried tanks, contaminated soils, historical site use, current owner site use, Phase I Environmental Site Assessment (ESA), Phase 11 ESA, information relating to materials outside or below the physical building or those items not specified in this report. • AET does not recommend exclusive reliance on interim electronic or oral information provided prior to submitting the final report. The interim information may be based on incomplete information or data analysis. Therefore, the written report takes precedence over previously provided interim information. • The information provided in the written report is not a bidding document. The contractors and consultants must draw upon their own conclusions regarding further investigation, remediation, abatement, or corrective activities. • The report is prepared for the exclusive use of the Client. Providing the report to third parties without prior authorization for reliance is prohibited without approval by AET. • The final report is based on the information obtained during our assessment and information provided by the Client. No warranties or guarantees are expressed or implied. • AET does not warrant reports, work by regulatory agencies, testing results, and other information provided by third parties which may have been used in the preparation of this report. AET assumes the information provided by third parties is accurate until proven otherwise. • The Client is responsible for complying with state and federal requirements to notify individuals and other parties who could potentially encounter ACM, hazardous materials or items of interest at the Site. • If roof samples are collected, AET will temporarily patch sample locations if warranted. Temporary patches by AET may not be weather tight and the Client is responsible for completing permanent repairs. Unless the roof is patched and repaired by a licensed roofing contractor any warranties may be voided. The Client is responsible for observing requirements to comply and maintain provisions of the warranty. City of New Hope AET Proposal No. 03-07024 October 12, 2017 Page 5 of 7 CLIENT RESPONSIBILITIES ■ The Client shall provide AET with the following prior to our arrival, if applicable: • Safe access to the facility and locations for testing. ■ Provide floor plans, drawings, diagrams for the facility, if available. • Provide AET the right of entry to the Site and access to the areas included in the Scope of Services. • Notify staff, property owner, tenants and other parties, as necessary, of our presence at the Site. • Notify AET of any hazardous materials that may be encountered or disturbed during our services. • Emergency contact information for onsite staff. • Facility specific safety requirements such as hard hats, eye protection, hearing protection, and respirator, etc. • Relevant security procedures and restrictions. • Parking requirements and contractor parking passes, if any. • Additional information that could affect our services, health and safety. • Site specific training, non -disclosure agreements, and other activities to be completed prior to working at the site. PERFORMANCE SCHEDULE Based on our current backlog, AET will complete the Asbestos/Regulated Waste Inspection according to the following schedule: Task Duration Time after Comments Authorization Asbestos/Regulated Waste Site Inspection 1 day 1 week Final Report 2 weeks If additional tasks are performed, outside of the scope proposed in this proposal, the time frame may be extended beyond the dates listed in the above Schedule. Please let us know if this timetable does not meet your schedule as we are available to consider any special needs that you may have. This proposal is valid for a period of 60 days from the date issued. City of New Hope AET Proposal No. 03-07024 October 12, 2017 Page 6 of 7 FEES AET proposes to complete the Scope of Services on a Time and Materials (T&M) basis for an estimated fee of $2,875.00 in accordance with the attached 2017 Environmental Fee Schedule. The actual fees required to complete the scope of services is dependent upon the number of samples analyzed, time on site, scheduling and other variables. If more time or tests are required, additional fees may be needed to complete the project services. If less time or tests are needed, a cost savings will be realized. Additional services requested and authorized will be charged at the unit prices included in our 2017 Environmental Fee Schedule. The proposal estimates the number of samples to be collected. The actual number of samples submitted and analyzed won't be known until AET completes the onsite inspection and receives the laboratory's analytical report. If more samples or fewer samples are analyzed than estimated, the invoice will be adjusted accordingly at $7.57 per sample. TERMS AND CONDITIONS All AET Services are provided subject to the Terms and Conditions set forth in the enclosed Service Agreement —Terms and Conditions, which, upon acceptance of this proposal, are binding upon you as the Client requesting Services, and your successors, assignees, joint venturers and third -party beneficiaries. Please be advised that additional insured status is granted only upon written acceptance of the proposal. ACCEPTANCE AET requests written acceptance of this proposal in the Proposal Acceptance box below, but the following actions shall constitute your acceptance of this proposal together with the Terms and Conditions and Amendments: 1) issuing an authorizing purchase order for any of the Services described above, 2) authorizing AET's presence on site or 3) written or electronic notification for AET to proceed with any of the Services described in this proposal. Please indicate your acceptance of this proposal by signing below and returning a copy to us along with the User Questionnaire. When you accept this proposal, you represent that you are authorized to accept on behalf of the Client. AET appreciates the opportunity to provide this service for you and looks forward to working with you on this project. If you have any questions or need additional information, please contact me. City of New Hope AET Proposal No. 03-07024 October 12, 2017 Page 7 of 7 Sincerely, American Engineering Testing, Inc. Bruce A. Boehm Carlson Sr. Environmental Project Manager Phone: (651) 999-1387 Email: bboehmcarlson@amengtest.com Attachments: Service Agreement Proof of Insurance W9 2017 AET Fee Schedule AET PROPOS to. 03-0702 , ACCEPTANCE AND AUTHORIZATION ��� Date a-/ Signature �l� 1 7 Typed/Printed Name:_ jr/( f llcs Dana_ Ld Company [J 9nde, 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: 1) issuing an authorizing purchase order, task order or service order for anv of the Services, 2) authorizing AET's presence on site or 3) written or electronic notification for AET to proceed with any of the Services. Issuance of a purchase order, task order or service order by Client which contains separate terms and conditions will not take precedence or modify the terms and conditions contained in this Service Agreement. 1_2 — Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and 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 orthe 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 (06/17) 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 (06/17) 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 AEI'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- WAIVER OF CONSEQUENTIAL DAMAGES NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE 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 OR PROFIT. SECTION 17 - LIMITATION OF LIABILITY Client agrees to limit AET's liability to Client resulting from AET's negligent acts, errors or omissions, such that the total liability of AET shall not exceed$20,000. 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. 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 C_a_de_of Federal Reavlotions Part 471, AnpendixA to 5ubnort 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. ACS417EG (06/17) AMERICAN ENGINEERING TESTING, INC. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 4 of 4 SECTION 21 - SEVERASILITY 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 (06/17) AMERICAN ENGINEERING TESTING, INC. AMERCON-12 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/22/2016 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 CQMTACT Ann Ross HUB International Mountain States Limited a/c,"No, Ext : 651 288-5137 FAX 245 E. Roselawn Avenue, Suite 31 (A/C, No):(651) 286-0560 Saint Paul, MN 55117-1940 JA&$ss. ann.iross@hubinternational.com INSURER A:The Phoenix Insurance Company. INSURED INSURER B : Travelers Property Casualty Company of America AMERICAN CONSULTING SERVICES INC INSURER C :Travelers Casualty Insurance Company of Americ 550 CLEVELAND AVE N INSURER D: Continental Casualty Company ST PAUL, MN 55114-1804 INSURER E INSURER F : 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. TYPE OF INSURANCE ,ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP DD Yvy LIMITS ( X COMMERCIAL GENERAL LIABILITY 1,000,0 EACH OCCURRENCE CLAIMS -MADE ❑X OCCUR IP630539KB896PHX17 01/01/20PRE MI 17 01101/2018 DAMAETORENTED 50,0 Es fun Mftirr , $ L AGGREGATE LIMIT APPLIES PER: P4LiCY PRO- ❑ LOC JECT 1 1 1 6 AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY AUT OMLY IP810797K914000F17 01/01/2017 01/01/2018 COMBINED SINGLE LIMB $ 1,000 00 BODILY INJURY Per person) BODILY BODILY INJURY Per accident) pP sidRnt GE UMBRELLA LIAB EXCESS LIAB OCCUR EACH OCCURRENCE HCLAIMS-MADE AQQREGATE DED I I RETENTION $ C WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY pAN�Y �P+ROPRIETOR/PARTNER/EXECUTIVE [N qER/ry in NH) EXCLUDED? N If yes, describe under DESCRIPTION OF OPERATIONS below N / A IPSUB709K909317 01/01/2017 01/01/2018 X PER OTH- A ER EL- EACH ACCIDENT 100,00 E.L. DISEASE - EA E PLOY 100'00 I— L. DISEASE - POLICY LIMT 500,00 D Professional Liabili D RETRO:070287 IECH254066939 IECH254066939 0110112017 01/0112017 011/01I2018 01101/2018 PER CLAIM AGGREGATE 1,000,00 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ULK I INUA I t HULUI=K CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Illustration Only Not for distribution 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 Leone Valerie From: Ben Beery <bbeery@woldae.com> Sent: Thursday, October 12, 2017 2:37 PM To: Leone Valerie Cc: Joel Dunning Subject: Fwd: New Hope Pool Asbestos Inspection Proposal Attachments: 03-07024 BBC Wold Honsey Pool ACM Proposal.pdf Dear Val, See attached for a proposal for asbestos testing of the pool buildings. This is from a contractor that Chris recommended. We need to get these buildings tested to see if there are any asbestos containing materials that need to be mitigated prior to the buildings going to the landfill. The cost is $2,875 and would be covered under the budget for the city hall project. One item to note that this is a destructive test. They may cut holes in certain areas of the buildings for their tests. As the buildings will be going away soon, I did not think this would be an issue. Please let me know if you have any questions. If not, please sign the proposal and return to me and I will get it set up. Thank you. Sincerely, old Architects and Engineers \ . Ben Beery Associate _ 332 Minnesota Street, Suite W2000 Saint Paul, Minnesota 55101 t 651 227 7773 1 woldae.com Comm. No.: 1 ---------- Forwarded message ---------- From: Boehm Carlson, Bruce cbboehmcarison�}a amengtesUom> Date: Thu, Oct 12, 2017 at 2:13 PM Subject: New Hope Pool Asbestos Inspection Proposal To: "bbeerya.woldae.com" <bbeery@wofdae.com> Cc: 'Braun, Loren" <lbraun a amen test.corn> Ben, Please find the attached proposal for the asbestos and regulated waste inspection at the New Hope pool. Please review and if you have any questions call my cell at 612-718-3488. If the City would like to proceed please have them sign and date the proposal, or completed a similar authorization document, and return to my attention. Upon receipt of authorization I will be in touch to schedule a site visit. Thanks for considering AET for these services and I look forward to working with you in the near future. Thanks, Bruce Bruce A. Boehm Carlson Sr. Environmental Project Manager Asbestos, Lead, IH, Indoor Air Quality Environmental Engineering Dept. American Engineering Testing, Inc. Direct: 651-999-1387 1 Mobile: 612-718-3488 Main: 651-659-9001 1 Fax: 651-659-1379 hboehmcarlson0amengtest.com I www.amenatest.com AMERICAN la� ENGINEERING TESTING, INC. April 10, 2019 (Revised April 15, 2019) City of New Hope c/o Stantec Consulting Services 733 Marquette Avenue, Suite 1000 Minneapolis, Minnesota 55402 Attn: Mr. Lucas Miller — Senior Construction Manager (lucas j.miller@stantec.com) RE: Revised Special Inspection and Construction Testing Services Proposal City of New Hope Municipal Complex 4401 Xylon Avenue New Hope, Minnesota AET Proposal No. 20-21186R1 Stantec Project Nos. 193804337 193804338 City of New Hope Project No . 995 941 Dear Mr. Miller: American Engineering Testing, Inc. (AET) is pleased to offer Special Inspection and Construction Testing Services to Stantec (hereafter referred to as the Client) for the referenced project. This revised proposal has been prepared in response to your request and the comments from April 15, 2019, and describes our understanding of the project, our anticipated scope of services, our unit rates, and an estimated total fee to perform these services. GEOTECHNICAL INFORMATION We performed a geotechnical exploration and analysis for this project. The results were presented in our Report of Geotechnical Exploration and Review, dated November 13, 2018 (AET Report No. 01-20159). In the report, the site soil profile is generalized as fill comprised of mostly silty sand, clayey sand and lesser amounts of sandy lean clay. Organic deposits of clays and peat were encountered beneath the fill. Underlying the organic deposits were mostly clayey sand and sandy lean clay till. We recommended in the report that the proposed shallow pool, theater, and mechanical building can be supported by conventional spread footings after corrective earthwork to remove the fill, topsoil, organic deposits, and soft soils to the underlying naturally deposited competent soils. Due to deeper deposits of inferior soils, it was recommended that the pool house building, deep pool, and pool deck be supported by helical piers. Refer to that report for more details regarding site conditions and recommendations. City of New Hope — City of New Hope Municipal Complex AMERICAN New Hope, Minnesota ENGINEERING AET Proposal No. 20-21186R1 ® TESTING, INC. April 15, 2019 Page 2 of 9 PROJECT INFORMATION We understand the proposed construction will include several features; an 8-lane 50-meter pool, a shallow pool, mechanical building, outdoor theater structure, a bath house building, trails, and new parking area. We further understand the project will: • Have multiple buildings each with one above -grade level. ■ Have an 8-lane 50-meter pool.that will be about 3'/z feet deep in the shallow end and 12%2 feet at the deep end. ■ Have a shallow lap pool with a zero -edge entry at one end and waterslide features. • Have a mechanical building with below grade surge tanks. • Have approximate overall plan dimensions of 40 feet by 150 feet bath house building. • The shallow pool, mechanical building, and outdoor theater are to be supported by conventional spread footings designed using an allowable soil bearing pressure of 3,000 pounds per square foot (psf). • The bath house, pool deck, and deep pool are to be supported by helical piles designed using a total working load capacity of 15 tons per pile. • The bath house building is planned to have reinforced masonry block walls; cast -in -place concrete walls; and a wood frame and wood truss roof. • The mechanical building is planned to have reinforced masonry block walls; cast -in -place concrete walls; and precast concrete deck roof. • For the mechanical building, outdoor theater structure, and bath house building, they should be able to tolerate normal amounts of settlement for this type of structure (up to 1-inch total and '/2-inch differential). For the 8-lane 50-meter pool, shallow pool, and pool decks, they should be able to tolerate smaller amounts of settlement (up to '/4-inch total and 1/8-inch differential). ■ Have standard -duty pavements on the west and south sides of the structures consisting of 3 '/z inches of bituminous, 8 inches of Class 5 aggregate base, 18 inches of selected granular borrow, over Type V geotextile fabric. Because softer soils exist at depth which may consolidate, construction will be delayed after grading in order to monitor settlement. We understand, a soil surcharge will be placed over the west parking area to expedite consolidation and reduce post -construction settlements. Settlement plates will be installed to monitor the magnitudes and rates of settlement. AVAILABLE BID INFORMATION Project documents provided to assist us in preparing this proposal included the following: • Project Plans dated February 14, 2019. • Project Manual dated February 2019. • Project Construction Schedule from Donlar Construction dated April 3,2019. ■ Addendum #1 dated February 21, 2019. City of New Hope — City of New Hope Municipal Complex AMERICAN New Hope, Minnesota ENGINEERING AET Proposal No. 20-21186R1 r• TESTING, INC. April 15, 2019 Page 3 of 9 Addendum #2 dated February 28, 2019. Addendum #3 dated March 6, 2019. Addendum #4 dated March 8, 2019. SCOPE OF SERVICES Based on discussions with Mr. Lucas Miller and Mr. Chris Long with Stantec and our review of the available plans and specifications, our anticipated scope of services is outlined below. Settlement Plate Installation and Surcharge Monitoring Because softer soils exist at depth within the proposed west parking area which may consolidate, construction will be delayed after grading to monitor settlement. In addition, a 4 to 5-foot high surcharge will be placed over the area to expedite consolidation and reduce post -construction settlements. The fill and surcharge will be staged in lifts to allow the compressible soils to "stabilize" before the next fill lift is placed. Settlement plates will be installed to monitor the magnitudes and rates of settlement. During placement of the new fill and surcharge material, personnel from AET will perform the following services: • Install 3 settlement plates within the surcharged area and obtain baseline elevations for each. • Install extension pipes (as needed) on each settlement plate as additional fill is placed for the surcharge. • Periodically obtain elevation readings of the settlement plates while the surcharge is in place (To be performed by contractor or client). Evaluate the elevation data supplied by contractor or client. The elevation data will be reviewed by the Staff Engineer and a Principal Engineer to evaluate when it appears that the rate and magnitudes of settlement have slowed and when the surcharge can be removed, and construction can begin. We estimate a total of 2 trips will be required by the Staff Engineer to complete the installation of the settlement plates. Helical Pile Observations During installation of the helical piles, an Engineering Technician will be at the site on a full-time basis to perform the following scope of services: • Document the pile identification number, type and length for each pile. • Document the date driven and final pile installation resistance for each pile. • Document the plumbness of the above grade portion of the piles. ■ Document the length of any pile cut-off, remaining pile in -place below cut-off and estimated pile tip elevation. • Observe load testing of helical pile using a performance or proof test procedure City of New Hope — City of New Hope Municipal Complex AMERICAN New Hope, Minnesota ENGINEERING AET Proposal No. 20-21186RI TESTING, INC. April 15, 2019 Page 4 of 9 ■ Prepare a report summarizing these services. Based on the construction schedule, we estimate about 30 working days will be needed for installation of the 540 helical piles at the project site. Excavation Observations and Soil Testing During excavation for the building and parking lots, a Staff Engineer and Senior Engineering Technician from our firm will visit the site on a will -call basis to perform the following services: ■ Observe the soils in the bottoms of the excavations completed at that time. ■ Perform shallow hand auger borings in the excavations. • Perform hand cone penetrometer (HCP) probes in the excavations. • Evaluate the suitability of the soils present in the excavations to support the anticipated fill, structural loads and pavements. • Document the elevations at various locations at the bottoms of the excavations. * Document that adequate oversizing of the excavations is provided to support lateral loads from the footings through the fill. During placement of fill in the building excavations, pavement excavations, and utility trench excavations, an experienced Engineering Technician will visit the site on a will -call basis to test the compaction of the fill. The technician will perform the following services: • In -place field density tests to evaluate the compaction of the fill soils using the nuclear density gauge. • Standard Proctor tests for each different type of fill encountered at the test locations. • Obtain samples of sand fill and/or aggregate base materials for sieve analysis tests. We estimate a total of 26 trips will be required by the Staff Engineer and Senior Engineering Technician to complete the observations. We estimate a total of 25 trips will be required by the Engineering Technician to perform the compaction testing of the fill soils. Concrete Testing Personnel from AET will perform testing of concrete on a will -call basis when requested by the contractor. These services will be performed by experienced, ACI certified Engineering Technicians at the frequencies required by the project specifications. Our services will include the following: • Test the slump of the plastic concrete delivered to the site. • Test the air content of the plastic concrete delivered to the site. * ' Measure the temperature of the plastic concrete delivered to the site. City of New Hope — City of New Hope Municipal Complex AMERICAN New Hope, Minnesota ENGINEERING AET Proposal No. 20-21186R1 TESTING, INC. April 15, 2019 Page 5 of 9 Any discrepancies from the project specifications will be brought to the attention of the contractor and/or their subcontractor. Daily field reports of our testing will be available to the contractor and other authorized personnel at the site. During placement of the concrete, our Engineering Technicians will also cast test cylinders for compressive strength testing. Project specifications require that one set of cylinders be cast for every 50 cubic yards (or fraction thereof) of each type of concrete placed each day. Each set will consist of five cylinders; one which will be tested after 7 days and three which will be tested after 28 days. The fifth cylinder will be held in reserve for future testing, if required. AET will also pick up the cylinders from the site and return them to our laboratory for moist curing and testing. The results of our compressive strength tests will be presented periodically, as they become available. We estimate a total of 38 trips will be required by the ACI certified Engineering Technician I for testing of concrete elements. Masonry Testing During construction, AET personnel will perform testing of mortar and grout. Our testing will be performed by an experienced Engineering Technician II on a will -call basis. Our services will include the following: • Test the slump of the grout delivered to the site. • Test the air content of the grout delivered to the site. • Measure the temperature of the grout delivered to the site. • Observe the consistency of the mortar mixed at the site. Any discrepancies from the project specifications will be brought to the attention of the contractor and/or their subcontractor. Daily field reports of our testing will be available to the contractor and other authorized site personnel. While at the site the Engineering Technician II will sample the mortar and grout. The grout "prism" specimens will be cast for compressive strength testing according to IBC guidelines. One set of four grout "prisms" will be cast according to the testing frequency required by the project specifications. One of the "prisms" will be tested for compressive strength after 7 days and two will be tested after 28 days. The fourth specimen will be held for future testing, if required. AET personnel will cast 2-inch test cubes or 2-inch by 4-inch test cylinders of the mortar being used. Each set will consist of three cubes or cylinders. One sample will be tested after 7 days, and one will be tested after 28 days. The third sample will be held for future testing, if required. We estimate that our technicians will make 10 site visits to conduct these testing services. City of New Hope — City of New Hope Municipal Complex AMERICAN New Hope, Minnesota ENGINEERING AET Proposal No. 20-21186RI r TESTING, INC. April 15, 2019 Page 6 of 9 Water Main Bacteria Sampling and Testing AET will collect samples of water from the water main for total coliformn bacteria analysis. The samples will be submitted to an accredited laboratory for testing and analysis. Our services will include the following: ■ Conduct up to six mobilizations to the site for sampling. • Collect an estimated twelve samples during the project for total coliform analysis. • Submit samples to an accredited laboratory for 24-hour analysis. ■ Prepare a report representing the results of the services provided. Any discrepancies from the project specifications will be brought to the attention of the contractor and/or their subcontractor. Bituminous Subgrade Test -Roll Observations and Testing During or after final grading of the pavement subgrade soils, AET personnel will observe test - rolling of the pavement subgrade soils. These observations will be performed by a Staff Engineer on a will -call basis. Our scope of services will include the following: Observe the reaction/stability of the pavement subgrade soils as they are test -rolled by a loaded, tandem -axle dump truck. Evaluate the subgrade deflections under the wheel loads, and mark areas of excessive deflection. Areas of excessive deflection will be shown to personnel from the contractor and/or their subcontractors. ■ Provide recommendations for correction of the unstable subgrade soils After placement of the Class 5 aggregate base, an Engineering Technician from our firm will test the compaction of these materials using either the sand cone or nuclear density gauge method, or by performing DCP testing. The sand cone and nuclear density gauge test results will be compared to the Standard Proctor maximum dry density. We estimate a total of 3 site visits will be required to complete the test -roll observations of the pavement subgrades and aggregate base compaction testing services. Bituminous Testing When placement of the bituminous base and wear layers begins, an experienced Engineering Technician II will make site visits on a will -call basis to observe the placement and rolling of the bituminous layers and to perform testing of the bituminous. The technician will perform the following services: • Measure the temperature of the bituminous as it is placed and while it is being rolled. ■ Measure the thickness of the bituminous layer while it is being rolled. City of New Hope — City of New Hope Municipal Complex AMERICAN New Hope, Minnesota ENGINEERING AET Proposal No. 20-21186R1 TESTING, INC. April 15, 2019 Page 7 of 9 • Help to establish a rolling pattern each day by observing the number of passes the roller makes over the bituminous and measuring the density of the bituminous during the rolling to evaluate how many passes are needed to reach the maximum density. • Obtain samples of the bituminous for laboratory testing. We assume the paving will be performed in 2 lifts and assume that 4 trips will be performed by our Engineering Technician for the above referenced observation and sampling services. The samples retrieved from the site will be tested in our laboratory for MnDOT Gyratory properties, including: • Gyratory density, Rice specific gravity, Asphalt Film Thickness (AFT), Coarse Aggregate Angularity (CAA), and Fine Aggregate Angularity (FAA). • Asphalt extraction and aggregate gradation. After the completion of the paving, we will remove cores from the finished surface when all layers are completed. Project specifications require one core sample be taken for every 20,000 square feet of paved -area. Based on the size of the parking lot, we recommend a minimum of 6 core samples be taken. After the cores are removed, they will be returned to our laboratory for testing. This testing will include the following: Measure the thickness of each layer of the core sample. Determine the density of each layer of the core sample. Determine the percentage of the maximum Gmm of each layer of the core sample. REPORTING Reports presenting the results of our observations and testing services will be provided periodically during the various phases of construction. At the completion of construction, we will issue a final report summarizing the results of all observations and testing services, if requested. ESTIMATED FEES Our services will be provided on a unit cost basis according to the unit rates provided in the attached Fee Schedule tabulation. Our monthly invoices will be determined by multiplying the number of personnel hours or tests by their respective unit rates. We have also estimated a total cost which we anticipate will be required to complete the previously described observations and testing services. This estimated total cost is based on our experience with similar projects and our conversations with Mr. Lucas Miller and Mr. Chris Long with Stantec. Our estimated total cost will be $83,699.50. We refer you to the attached Fee Schedule for an itemization of how we arrived at this estimated cost. City of New Hope — City of New Hope Municipal Complex AMERICAN New Hope, Minnesota ENGINEERING AET Proposal No. 20-21186R1 TESTING, INC. April 15, 2019 Page 8 of 9 We caution that this is only an estimated cost. Often, variations in the overall cost of the services occur due to reasons beyond our control, such as construction change orders, weather delays, changes in the contractor's schedule, unforeseen conditions or retesting of services. These variations will affect the actual invoice totals, either increasing or decreasing our total costs for the project from those estimated in this proposal. If more time or tests are required, additional fees may be needed to complete the project testing services. If less time or tests are needed, a cost savings will be realized. We will not, however, exceed the estimated total cost for the project without first obtaining your authorization. TERMS AND CONDITIONS All AET Services are provided subject to the Terms and Conditions set forth in the enclosed Construction Service Agreement —Terms and Conditions, which, upon acceptance of this proposal, are binding upon you as the Client requesting Services, and your successors, assignees, joint ventures and third -party beneficiaries. Please be advised that additional insured status is granted only upon written acceptance of the proposal. ACCEPTANCE AET requests written acceptance of this proposal in the Proposal Acceptance box below, but the following actions shall constitute your acceptance of this proposal together with the Terms and Conditions: 1) issuing an authorizing purchase order for any of the Services described in this proposal, 2) authorizing AET's presence on site, or 3) written or electronic notification for AET to proceed with any of the Services described in this proposal. Please indicate your acceptance of this proposal by signing below and returning a copy to us. When you accept this proposal, you represent that you are authorized to accept on behalf of the Client. GENERAL REMARKS AET appreciates the opportunity to provide this service for you and looks forward to working with you on this project. If you have any questions or need additional information, please contact me. Sincerely, American Engineering Testing, Inc. Prepared By: Andrew T. Schmid, P.E. Principal Engineer Phone: 651.523.1274 Email: aschmidAamengtest.conl Reviewed By: VAOJMrbwojo Cameron Thornton Staff Engineer Phone: 651.603.6600 Email: clthorntonAamengtest.com City of New Hope — City of New Hope Municipal Complex New Hope, Minnesota AET Proposal No. 20-21186R1 April 15, 2019 Page 9 of 9 Attachments: Fee Schedule Tabulation Construction Service Agreement — Terms and Conditions W9 Certificate of Insurance AMERICAN ENGINEERING TESTING, INC. AET PROPOSAL No. 20-21186111 ACCEPTANCE AND AUTHORIZATION Signature Rl XOA� Typed/Printed Name: Company: B7j, Ll� N `,� z Date / ) 1 A OF 2� q FEE SCHEDULE PROJECT TESTING SERVICES CITY OF NEW HOPE MUNICIPAL COMPLEX 4401 XYLON AVENUE NEW HOPE, MINNESOTA AET PROPOSAL No. 20-21186R1 AMERICAN ® ENGINEERING TESTING, INC. SERVICE DESCRIPTION PROJECT BUDGET ESTIMATED UNIT BUDGET UNITS RATE AMOUNT TOTAL AMOUNTS INVOICED THROUGH 5/1/2019 # Units Amount Settlement Plate Installation and Monitoring 1 Principal Engineer for review of settlement plate data, consultation and report preparation or review. 6 hours $156.00 $936.00 0.0 $0.00 2 Staff Engineer I for installing settlement plates, consultation and report preparation (services provided on a will -call basis - assumes 2 trips to the jobsite). 8 hours $122.00 $976.00 0.0 $0.00 3 Personal or company vehicle mileage. 60 miles $0.75 $45.00 0.0 $0.00 4 Settlement plate set-ups (one plate and initial 5' segment). 3 each $200.00 $600.00 0.0 $0.00 5 Settlement plate (5' segment). 3 each $50.00 $150.00 0.0 $0.00 Helical Pile Observations 1 Engineering Technician II for observations of helical pile installation, accumulation and compilation of data, consultation and summary tabulation preparation (services provided on a full-time basis - assumes 30 days at the jobsite). 270 hours $85.00 $22,950.00 0.0 $0.00 2 Engineering Technician II overtime rate (for over 45 hours per week or services provided on weekends or holidays). 30 hours $106.25 $3,187.50 0.0 $0.00 3 Personal or company vehicle mileage. 1050 miles $0.75 $787.50 0.0 $0.00 Excavation Observations and Compaction Testing 1 Staff Engineer I for observations of excavations, consultation and reporting (services provided on a will -call basis - assumes 8 trips to the jobsite). 24 hours $122.00 $2,928.00 0.0 $0.00 2 Senior Engineering Technician for observations of excavations, soil classification, consultation and reporting (services provided on a will -call basis - assumes 18 trips to the jobsite). 80 hours $100.00 $8,000.00 0.0 $0.00 3 Engineering Technician 11 travel time for soil compaction testing (services provide on a will -call basis - assumes 25 trips to the jobsite). 25 hours $85.00 $2,125.00 0.0 $0.00 4 Personal or company vehicle mileage. 1470 miles $0.75 $1,102.50 0.0 $0.00 5 Soil compaction tests (nuclear density gauge). 150 tests $30.00 $4,500.00 0.0 $0.00 6 Standard Proctor tests (Methods A or B). 3 tests $125.00 $375.00 0.0 $0.00 7 Sieve tests of granular fill and Class 5 aggregate base. 2 tests $100.00 $200.00 0.0 $0.00 8 Soil classification testing (200 sieve, moisture content, atterberg limits). 10 tests $125.00 $1,250.00 0.0 $0.00 Page 1 of 3 FEE SCHEDULE PROJECT TESTING SERVICES CITY OF NEW HOPE MUNICIPAL COMPLEX 4401 XYLON AVENUE NEW HOPE, MINNESOTA AET PROPOSAL No. 20-21186R1 AMERICAN ENGINEERING TESTING, INC. SERVICE DESCRIPTION PROJECT BUDGET ESTIMATED UNIT BUDGET UNITS RATE AMOUNT TOTAL AMOUNTS INVOICED THROUGH 5/1/2019 # Units Amount Concrete Testing 1 Engineering Technician I for testing of concrete only - NO OBSERVATIONS OF REINFORCING STEEL (services provided on a will -call basis - assumes 38 trips to the jobsite). 76 hours $75.00 $5,700.00 0.0 $0.00 2 Personal or company vehicle mileage. 1260 miles $0.75 $945.00 0.0 $0.00 3 Curing, handling and compressive strength testing of 4" x 8" or 6" x 12" concrete test cylinders (includes handling of non -tested cylinders). 220 cyls. $25.00 $5,500.00 0.0 $0.00 4 Concrete cylinder pick-up service from jobsite. 12 trips $75.00 $900.00 0.0 $0.00 Masonry, Mortar, and Grout Testing 1 Engineering Technician I for sampling of mortar and grout and report preparation (services provided on a will -call basis - assumes 10 trips to the jobsite). 20 hours $75.00 $1,500.00 0.0 $0.00 2 Personal or company vehicle mileage. 300 miles $0.75 $225.00 0.0 $0.00 3 Curing, handling and compressive strength testing of masonry grout test "prism" specimens (includes handling of non -tested specimens). 40 tests $65.00 $2,600.00 0.0 $0.00 4 Curing, handling and compressive strength testing of 2" x 4" mortar test cylinders of 2" cubes (includes handling of non -tested specimens). 30 tests $25.00 $750.00 0.0 $0.00 5 Masonry specimen pick-up service from jobsite. 5 trips $75.00 $375.00 0.0 $0.00 Water Main Bacteria Sampling and Testing 1 Environmental Technician for water sampling and report preparation (services provided on a will -call basis - assumes 6 trips to the jobsite). 18 hours $110.00 $1,980.00 0.0 $0.00 2 Personal or company vehicle mileage. 180 miles $0.75 $135.00 0.0 $0.00 3 Bateria testing (per sample for 24 hour analysis) 12 tests $62.00 $744.00 0.0 $0.00 Bituminous Testing 1 Staff Engineer 1 for observations of bituminous subgrade test rolls, consultation and reporting (services provided on a will -call basis - assumes 3 trips to the jobsite). 9 hours $122.00 $1,098.00 0.0 $0.00 2 Engineering Technician II for observations of bituminous placement, establishing roll pattern, thickness and density testing, and obtaining samples for laboratory testing (services provided on a will -call basis - assumes 4 trips to the jobsite). 16 hours $85.00 $1,360.00 0.0 $0.00 3 Personal or company vehicle mileage. 240 miles $0.75 $180.00 0.0 $0.00 4 Removal of cores from finished bituminous surface (includes all personnel, equipment rental and patching materials). 6 each $50.00 $300.00 0.0 $0.00 5 Thickness and density tests of bituminous core samples. 6 tests $46.00 $276.00 0.0 $0.00 6 MnDOT Gyratory properties of bituminous; including Asphalt Extraction and Aggregate Gradation tests, Rice Specific Gravity test, and Gyratory Density test. 2 tests $515.00 $1,030.00 0.0 $0.00 Page 2 of 3 FEE SCHEDULE PROJECT TESTING SERVICES CITY OF NEW HOPE MUNICIPAL COMPLEX "01 XYLON AVENUE NEW HOPE, MINNESOTA AET PROPOSAL No. 20-21186111 AMERICAN ENGINEERING TESTING, INC. it==z SERVICE DESCRIPTION PROJECT BUDGET ESTIMATED UNIT BUDGET UNITS RATE AMOUNT TOTAL AMOUNTS INVOICED THROUGH 5/1/2019 # Units Amount Project Management & Coordination 1 Staff Engineer I/Project Manager for coordination of AET personnel and activities, attending meetings (if requested), consultation and report preparation. 60 hours $122.00 $7,320.00 0.0 $0.00 2 Principal Engineer for special consultation and report review. 4 hour $156.00 $624.00 0.0 $0.00 3 Personal or company vehicle mileage. 60 miles $0.75 $45.00 0.0 $0.00 TOTAL ESTIMATED BUDGET $83,699.50 INVOICED $0.00 THROUGH 5/1/2019 Page 3 of 3 CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 4 SECTION 1- RESPONSIBILITIES 1_1— This Service Agreement — Terms and Conditions ("terms and conditions") is applicable to all Services provided by American Engineering Testing, Inc. (AET). As used herein "Services" refer to the scope of Services described in the proposal submitted by AET to Client. The proposal, these terms and conditions and any appendices attached hereto shall comprise the Agreement 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 acce tance 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 an of the Services 2 authorizing ACT's presence on site or 31 written or electronic notification for AET to proceed with any of the Services. Issuance of a purchase order, task order or service order by Client which contains separate terms and conditions will not take precedence or modify the terms and conditions contained in this Service Agreement. 1_2 - Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and 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 a timely manner. Earthwork and construction activities are done to support a particular structure (type, size, and shape) or facility at a specific location and elevation. If the type of structure or facility (structural type, size, shape, location, elevation, etc.) changes, the earthwork or construction activities completed may no longer provide suitable structural support or be capable of supporting the intended construction. Additional earthwork or redesign of all or a part of the structure or facility may be needed. Failure of Client to timely notify AET of changes to the project including, but not limited to, location, elevation, loading, or configuration of the structure or improvement will constitute a release of any liability of AET. Client will provide a representative for timely answers to project -related questions by AET. 1_3 - AET observes and tests earthwork and other construction operations and materials, and may provide opinions, conclusions and recommendations regarding the same. However, AET's Services do not relieve the contractors of their contractual responsibility to perform their work in accordance with approved plans, specifications and building code requirements. 1_4 - AET personnel do not have authority to accept, reject, direct or otherwise approve the work of the contractor. AET cannot stop work or waive or alter the requirements of the project documents. Any authority given to AET by Client must be in writing prior to the start of Services. 1_5 - AET does not perform construction management, general contracting or surveying services and our involvement with the project does not constitute any assumption of those responsibilities. 1_6 - Services performed by AET often include sampling at specific locations. Client acknowledges the limitations inherent in sampling. Variations in conditions occur between and beyond sampled/tested locations. The passage of time, natural occurrences and direct or indirect human activities at the site or distant from it may alter the actual conditions. Client assumes all risks associated with such variations. 1_7 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1_8 - Should change in conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1_9 - Test borings and/or cone penetration test soundings to a proper depth below foundation grade and the base of suitable bearing soils are recommended for projects where supporting soils will be subjected to increased loads to explore the deeper unseen soil and ground water conditions. Judgments made by AET personnel regarding the suitability of materials and ground water conditions below the bottom of an excavation are limited if sufficiently deep test borings/soundings are not provided by the Client prior to our observations and judgments. AET's opinions, conclusions and recommendations are qualified to that extent. 1.10 — Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client requests modifications to the Agreement or use of Client's alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only to Services performed after the effective date of such amendment. The proposal and these terms and conditions, including terms of payment, shall apply to all Services performed prior to the effective date of such amendment. 1.11—The AET proposal accompanying these terms and conditions is valid for ninety (90) days after the proposal issuance date to the Client. Any attempt to authorize Services after the expiration date is subject to AET's right to revise the proposal as necessary. SECTION 2— ON CALL SERVICES 2_1- If AET's Services are performed on an on -call basis at the direction of the Client or its authorized representatives, Client acknowledges the inherent limitations associated with performing engineering judgments and testing Services on an on -call basis, including without limitation, the inability to completely evaluate, document orjudge work and conditions not directly observed or tested by AET. AET's opinions, conclusions, and recommendations are qualified to the extent of those limitations. 2_2- Density tests of fill soils represent conditions only at the locations and elevations tested and do not necessarily represent conditions laterally or below. AET can only provide judgments regarding the engineered fill system to adequately support the design construction loadings by monitoring the filling process on a continuous basis for consistency of soil type, moisture content, lift thickness, and compaction effort. 2_3 —AET requires a minimum of 24 hours' notice of the need for Services. AET will not be liable for claims, damages, or delays related to failure of Client to provide adequate advance notice to AET. SECTION 3 - SITE ACCESS, UNDERGROUND FACILITIES AND CONSTRUCTION STAKING 3_1- Client will furnish AET safe and legal site access. 3_2 — With the exception of public utilities which AET will contact state "call before you dig' notification centers (e.g. Gopher State One call in Minnesota), Client will mark or cause to be marked the location of all other underground utilities and structures (Facilities) that service or are located on the site. AET shall be entitled to rely upon the accuracy of all location information supplied by any source. 3_3 —Client shall hold harmless, indemnify and defend AET from all claims, damages, losses, fines, penalties and expenses (including attorney's fees) arising out of or related to the following: a) Facilities that are not shown or vary from the locations shown on any plans or drawings, b) Facilities that are not located by or vary from the locations marked by Client, governmental or quasi -governmental locator programs, or private ACS 403C (01/19) AMERICAN ENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 4 utility locating services, or c) any other Facilities that are not disclosed or vary from locations provided by the Client. The obligation to defend AET shall be independent of the obligation to indemnify and hold harmless AET and shall be with independent counsel acceptable to AET. 3_4 - The location and elevation of a proposed structure or facility shall be staked (with offsets) and controlled by surveying or GPS equipment by others. AET's measurements are made in relation to that information. The reliability of any opinions, conclusions, and recommendations based on those measurements is strictly dependent on the accuracy of the staking or GPS information provided by others. 3_5 - During construction, observations and testing Services are based on the positioning of the formwork by the contractor or its subcontractor. AET will not be responsible for any errors or damages resulting from improper location or positioning of the formwork. SECTION 4 - SAFETY 4_1 - Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. Client or its authorized representative(s) is responsible for the safety of the jobsite. If, during the course of AET's Services, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate Services. Client shall be responsible for payment of such additional protection costs. 4_2 - AET shall only be responsible for safety of AET employees at the site; the safety of all others shall be Client's or other persons' responsibility. SECTION 5 - SAMPLES 5_1- Client shall inform AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by or submitted to AET remain the property of the Client during and after the Services. Any known or suspected hazardous material samples will be returned to the Client at AET's discretion. 5_2 - Non -hazardous samples will be held for thirty (30) days and then discarded unless, within thirty (30) days of the report date, the Client requests in writing that AET store or ship the samples. Storage and shipping costs shall be borne solely by Client. SECTION 6 - PROJECT RECORDS The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a minimum of three years following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 7 - STANDARD OF CARE AET performs its Services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in this geographic area, under similar budgetary constraints. SECTION 8 - INSURANCE AET maintains insurance with coverage and limits shown below. AET will furnish certificates of insurance to Client upon request. 8_1— AET maintains the following insurance coverage and limits of liability: Workers' Compensation Employer's Liability Commercial General Liability Automobile Liability Professional/Pollution Liability Insurance Statutory Limits $100,000 each accident $500,000 disease policy limit $100,000 disease each employee $1,000,000 each occurrence $1,000,000 aggregate $1,000,000 each accident $1,000,000 per claim $1,000,000 aggregate 8_2 - Commercial General Liability insurance will include coverage for Products/Completed Operations extending one (1) year after completion of AET's services, Property Damage including Completed Operations, Personal Injury, and Contractual Liability insurance applicable to AET's indemnity obligations under this Agreement. 8_3 - Automobile Liability insurance shall include coverage for all owned, hired and non -owned automobiles. 8_4- Professional Liability Insurance is written on a claims -made basis and coverage will be maintained for one (1) year after completion of AET's services. Renewal policies during this period shall maintain the same retroactive date. 8_5 - To the extent permitted by applicable state law, and upon Client's signing of the proposal, which includes these Terms and Conditions, and return of the same to AET, or Client provided forms of acceptance as defined in Section 1.1; Client and Owner shall be named an "additional insured" on AET's Commercial General Liability Policy (Form CG D4 14 04 08, which includes blanket coverage for Products/Completed Operations and on a Primary and Non -Contributory basis). Client and Owner shall also be named an "additional insured" on a Primary and Non-contributory basis on AET's Automobile Liability Policy (Form CA T4 74 02 12). Any other endorsement, coverage or policy requirement shall result in additional charges. 8_6 - AET will maintain in effect all insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available, with insurance carriers licensed to do business in the state in which the project is located and having a current A.M. Best rating of no ACS 403C (01/19) AMERICAN ENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3 of 4 less than A minus (A-). Such insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for the policy or ten (10) days' notice for non-payment of premium. 8_7 - AET reserves the right to charge Client for AET's costs for additional coverage requirements unknown on the date of the proposal, e.g., coverage limits or policy modification including waiver of subrogation, additional insured endorsements and other project specific requirements. SECTION 9 - DELAYS If delays to AET's Services are caused by Client or Owner, work of others, strikes, natural causes, weather, or other items beyond AET's control, a reasonable time extension for performance of Services shall be granted, and AET shall receive an equitable fee adjustment. SECTION 10 - PAYMENT INTEREST AND BREACH 10.1- Invoices are due net thirty (30) days from the date of receipt of an undisputed invoice, but not greater than 45 days from the date of the invoice. Client will inform AET of invoice questions or disagreements within fifteen (15) days of invoice date; unless so informed, invoices are deemed correct. 10.2 — Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its sole discretion and without limiting any other legal or equitable remedies for such breach, to terminate performance of this Agreement and be relieved of any associated duties to the Client or other persons. Further, AET may withhold from Client data and reports in AET's possession. If Client fails to cure such breach, all reports associated with the unpaid invoices shall immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the Services. 10.3 — AET reserves the right to secure any unpaid invoice utilizing available remedies at law. AET explicitly reserves its' Mechanic Lien or Bond Claim rights for nonpayment of an undisputed invoice. Client is responsible for paying AET expenses and attorney fees related to collection of past due invoices. SECTION 11- CHANGE ORDERS AET's proposal associated with this project provides an estimated cost for the work. If the proposal amount is a time and material estimate, or if changes occur affecting the project scope, estimated quantities, project schedule or other unforeseen conditions, AET will communicate with Client if AET's fees are approaching the proposal amount and request a change order. However, nothing in this agreement shall be construed in any way as a waiver of payment by Client to AET for services ordered under this agreement. Approval of a change order may be in writing or by electronic communication. SECTION 12 - MEDIATION 12.1 - Except for enforcement of AET's rights to payment for Services rendered or to assert and/or enforce its lien rights, including without limitation assertion and enforcement of mechanic's lien rights and foreclosure of the same, Client and AET agree that any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party; provided however that if either party fails to respond to a request for mediation within sixty (60) days, the party requesting mediation may without further notice, proceed to arbitration or the institution of legal or equitable proceedings. 12.2 - Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall share the mediator's fee and any filing fees equally. The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 13 - LITIGATION REIMBURSEMENT Except for matters relating to non-payment of fees, which is governed by Section 10 hereof, payment of attorney's fees and costs associated with lawsuits or arbitration of disputes between AET and Client, which are dismissed or are judged substantially in either party's favor, shall be paid by the non -prevailing party. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and AET costs. SECTION 14 - MUTUAL INDEMNIFICATION 14.1- Subject to the limitations contained in Sections 14 and 15, AET agrees to indemnify Client from and against damages and costs to the extent caused by AET's intentional acts or negligent performance of the Services. 14.2 - Client agrees to indemnify AET from and against damages and costs to the extent caused by the intentional acts or negligence of the Client, Owner, Client's contractors and subcontractors or other third parties. 14.3 - If Client has an indemnity agreement with other persons or entities relating to the project for which AET's Services are performed, the Client shall include AET as a beneficiary. 14.4 - AET's indemnification to the Client, including any indemnity required or implied by law, is limited solely to losses or damages caused by its failure to meet the standard of care and only to the extent of its negligence or intentional acts. SECTION 15 - NON -SOLICITATION Each party to this Agreement (a "Party") agrees that it will not encourage, induce, or actively solicit any employee of the other party to leave their employment for any reason, provided that neither Party is precluded from (a) hiring any such employee who has been terminated by a Party or its subsidiaries prior to commencement of employment discussions between a Party and such employee, or (b) soliciting any such employee by means of a general advertisement or through an employment agency that does not specifically pursue the employee, or (c) hiring ACS 403C (01/19) AMERICAN ENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 4 of 4 employees or former employees of the other Party who contact the Party on its own accord. This Non -Solicitation provision shall be effective and enforceable for six (6) months following termination of this Agreement. SECTION 16- MUTUAL WAIVER OF CONSE UENTIAL 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. SECTION 19 - POSTING OF NOTICES ON EMPLOYEE RIGHTS Effective June 21, 2010, prime contracts with a value of $100,000 or more and signed by federal contractors on projects with any agency of the United States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employees of their rights under Federal labor laws. The required notice may be found at 29 Code -of Federal Regulations Part 471, Appendix A to Subpart A. The regulation also has a "flow -down" requirement for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster. SECTION 20 -TERMINATION After 7 days' written notice, either party may elect to terminate work for justifiable reasons. In this event, the Client shall pay AET for all Services performed, including demobilization and reporting costs to complete the file. SECTION 21- SEVERABILITY Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. SECTION 22 - GOVERNING LAW This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regard to its conflicts of law provisions. SECTION 23 - ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client. Regardless of method of acceptance of this Agreement by the Client, this Agreement supersedes any previous written or oral agreements, including purchase/work orders or other Client agreements submitted to AET afterthe start of our Services. Any modifications to this Agreement must be mutually acceptable to both parties and accepted in writing. No considerations will be given to revisions to AET's terms and conditions or alternate contract format submitted by the Client as a condition for payment of AET's accrued Services. ACS 403C (01/19) AMERICAN ENGINEERING TESTING, INC. AMERCON-12 ARC AC�RL7 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 164-� 12/19/2018 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 C NT CT Ann Ross HUB International Mountain States Limited AIc N , Et): (651) 288-5137 mac, No :(651) 286-0560 245 E. Roselawn Avenue, Suite 31 Saint Paul, MN 55117-1940 . ann-ross@hubintematicinal.com INSU S AFFORDING COVERAGE CS INSURER A: The Phoenix Insurance Coffmany 25623 INSURED AMERICAN CONSULTING SERVICES INC INSURER B:The Travelers Indemnity Company of America 25666 dba AMERICAN ENGINEERING TESTING INC INSURER C : Travelers Propert Casualty Company of America 25674 AM PETROGRAPHIC SERVICE INSURER D : The Travelers Indemnity Company 25658 ST AUL,CLEVM 55 AVE N INSURER E: Continental Casual!Company 20443 ST PAUL, MN 55114-1804 . INSURER F COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXPLis LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 0 OCCUR 1530539K8896PHX19 01/01/2019 01/01/2020 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 560,000 MED EXP [Any oneperson) 10,000 PERSONAL d ADV IM.I RY 2,00000 p000 GEWLAGGREGATE LIMIT APPLIES PER: POLICY JECT LOC GENERALAGGREGATE 4,000, PRODUCTS-COMP/OP 4,000,000 $ OTHER: B AUTOMOBILE /l LIABILITY I ANY AUTO If OWNED SCHEDULED AUTOS ONLY AUTOS 81021-645712 01/01/2019 01/01/2020 COMHINED SINGLE LIMIT $ 2,000,005 BODILY INJURY ar erson BODILY INJURYPar acciant ��ideAMAGE AUS ULD TOONLY OOY C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE CUP31(226009 01/0112019 01/01/2020 DED I X I RETENTION$ 0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITYER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN ❑❑ppFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A IUB9H915101 01101/2019 01/01/2020 X PTER T OTH E.L. EACH ACCIDENT 1,000,000 E.L.DlSEASE-EA EMPLOYEE 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 E 'PROF/POLL LIABILITY ECH254066939 01101/2019 01I01/2020 EACH CLAIM 10,000,000 E IRETRO:070287 ECH254066939 01/01/2019 01/01/2020 AGGREGATE 15,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RENEWALS: contracts@amengtest.com ILLUSTRATION CERTIFICATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ��Ilirrs,. /�►�I.R//�1�► ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Form w-9 (Rev. October 2018) C epartmant of tiie Treasu ry Interne, Rovsnuo service (as shown on your Request for Taxpayer Identification Number and CertEflcation ► Qo to www,1rs,gov1FormW9 for instructions and the latest Information. tax relurn). Name Is roqulrgd on this ifre; do not Rmerican Engineering Tasting, In 2 Susfness namoldleragarded entity name, if rr"ri above inio une oiank. Clive Form to the requester. Do not send to the IRS. 0 9 Check appropriate box for federal tax classification of the person whose name Is entered online t. Check only one of the 4 Exemptions (codes apply only Io fcllnwing seven boxes.cortala entitles, not lndMduala; sse ❑ Indivldualfsole proprietor or ❑ C Corporation ❑✓ S Corporation ❑ Partnership ❑ Trustfestate sing[e-membnr LLC ❑ Umitod liability company. Entertha tax ciassiflcallon (C-0 corporation, S=3 corporation, P=Partnership) ii� Note. Check tho appropriate box In the Ofia above for the tax cisss[fieation of the sinpio-mornber owner. ❑o net check LLC It the LLC Is class If[ad as a sing]e-member LLC that Is disregarded fmm the owner unless the owner of the LLC Is anothor L-C that Is riot disregarded from the owner for U.S. federal lax purposes. Othermsa, a singfe-member LLC IN Is disregarded from the owner should chock the eppropdate box for the tax etassificalion of Its owner. U Other (see Irtatructfono) 0- 6 Addrass (nu nibor, street, and apt. or suite no.) See instructions. 550 Cleveland Avenue North 6 City, stele, and ZIP code Saint Paul Minnesota .95114 7 list account number(s) here (optional) Exempt payee code (if any) Exemption from FATCA reporting code Ra" Wp�essb•eeounra lrr�MlaltNdpubMe v,e rJS.J Requester's nameand address (ogtlowI) Tax a er Identification lumber (TICS)) Enter your TIN In the appropriate box, The TIN provided must match the name given on line 1 to avoid soclal socurity number backup withholding. For individuals, this is d n srallyentity, your a Instructocial: sec ions number (Slur. For ever,other fora � -M _ resident alien, sole proprietor, or disregarded entity, see the lnatruvtEvns for Part I, later, For other antllies, It Is your employer idantli[catlon number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account Is in more than one name, see the instructions for line 1. Also see What Name and I Employer idantiffcatlon number Number To Give the Requester for guidelines on whose number to enter. 4 1- 0 9 7 7 5 2 1 Under penalties of perjury, I certify that: 1. Tha number shown on this form is my correcttaxpayer idea#if[cation number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding baPau sm (a) 1 em exempt from backup withholding, or (b) I have not been notified by t h a Intemal Revenue SaMcs (IRS) that I am subject to backup whhholci ng as a resuk of a fallury to report all Interest or dividends, or (c) the IRS has notifled 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 nollfied by the IRS that you are currently subject to backup withholding because you have faked to report al inlerest and dividends on your tax return. For real estate transactions, item 2 does not apply, for mortgage interest paid, acquisition or abandonment of secured props rty, cancellation of debt, contributions to an Individual retirement arrangement 0RA), and genarany, payments other than Interest and dividends, you are not required jp4irgthe cartiflcation, but you must provide your tarred TIN. Sea the instructlons for Part 11, later. Sign I t3lgnatrueaf� 1� r/� Date lo- ■ / A of Here U.S. person General Instructions • Farm 1099-DIV (dividends, AclAcling those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise noted. . Form 1099-MISO (various types of Income, prizes, awards, or gross proceeds) Future developments, For the latest information about developments related to Form W-9 and ifs instructtons, such ea Iegislatfon enacted . Form 1099-B (stock or mutual fund sales and certain other after they were published, go to www.frs.goWFurmW9. transactions by brokers) • Form 1099-S (proceeds from real estate transactions) Purpose of Form • Form 1099-K (merchant card and third party network transactions) An Individual or eritity (form W-9 requester) wlto Is required to file an Form 1098 (home mortgage interest), 1098-E (student loan interest), ;098-T Information return with the IRS must obtain your Correct taxpayer (tuition) identification numbor (Tint) which may ba your sociel security number (SSN), individual taxpayer identification number {)TIN), adoption • Form 1098-0 (canceled debt) taxpayer Identification number (AT1N), or employer identification numbor Form 1099-A (acquisition or abandonment of secured properly) {Eli+!}, to report en an Information return the amount paid to you, or other Use Form W-9 only if you aro a U.S. person (Including a resident amount reportable on an Information return. Examples of Information alien), to provide your correct TIN. returns Include, but are not limited to, the following. If you de not return Form W-9 to the requester with a 77N, you might • Form 1099-1NT (interest earned or paid) be sublet# to backup wifhhofdrng. See What Is backup withhalding, later. Cat. No.10231X Form W-9 (Rev. 10-2018)