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CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 4
<br />SECTION 1- RESPONSIBILITIES
<br />1_1—This Service Agreement —Terms and Conditions ("terms and conditions") is applicable to all services ("Services") provided by American Engineering
<br />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
<br />terms and conditions and any appendices attached hereto shall comprise the agreement ("Agreement") between AET and Client for Services described in
<br />the proposal and are binding upon the Client, its successors, assignees, joint ventures and third -party beneficiaries. AET requests written acceptance of
<br />the Agreement, but the following actions shall also constitute Client's acceptance of the Agreement: 1) issuing an authorizing purchase order, task
<br />order or service order for any of the Services. 2) authorizing AET's presence on site, or 3) written or electronic notification for AET to proceed with any
<br />of the Services. Issuance of a purchase order, task order or service order by Client which contains separate terms and conditions will not take
<br />precedence or modify the terms and conditions contained in this Service Agreement.
<br />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
<br />Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and
<br />their Client and/or Owner which contain flow -down provisions to AET, if they are included, site safety plans or other documents which may control or
<br />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
<br />timely manner. Earthwork and construction activities are done to support a particular structure (type, size, and shape) or facility at a specific location and
<br />elevation. If the type of structure or facility (structural type, size, shape, location, elevation, etc.) changes, the earthwork or construction activities
<br />completed may no longer provide suitable structural support or be capable of supporting the intended construction. Additional earthwork or redesign of
<br />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,
<br />elevation, loading, or configuration of the structure or improvement will constitute a release of any liability of AET. Client will provide a representative
<br />for timely answers to project -related questions by AET.
<br />1_3 - AET observes and tests earthwork and other construction operations and materials, and may provide opinions, conclusions and recommendations
<br />regarding the same. However, AET's Services do not relieve the contractors of their contractual responsibility to perform their work in accordance with
<br />approved plans, specifications and building code requirements.
<br />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
<br />alter the requirements of the project documents. Any authority given to AET by Client must be in writing prior to the start of Services.
<br />1_5 - AET does not perform construction management, general contracting or surveying services and our involvement with the project does not constitute
<br />any assumption of those responsibilities.
<br />1_6 - Services performed by AET often include sampling at specific locations. Client acknowledges the limitations inherent in sampling. Variations in
<br />conditions occur between and beyond sampled/tested locations. The passage of time, natural occurrences and direct or indirect human activities at the
<br />site or distant from it may alter the actual conditions. Client assumes all risks associated with such variations.
<br />1_7 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons.
<br />1_8 - Should change in conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation.
<br />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
<br />recommended for projects where supporting soils will be subjected to increased loads to explore the deeper unseen soil and ground water conditions.
<br />Judgments made by AET personnel regarding the suitability of materials and ground water conditions below the bottom of an excavation are limited if
<br />sufficiently deep test borings/soundings are not provided by the Client prior to our observations and judgments. AET's opinions, conclusions and
<br />recommendations are qualified to that extent.
<br />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
<br />Agreement or use of Client's alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only
<br />to Services performed after the effective date of such amendment. The proposal and these terms and conditions, including terms of payment, shall apply
<br />to all Services performed prior to the effective date of such amendment.
<br />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
<br />to authorize Services after the expiration date is subject to AET's right to revise the proposal as necessary.
<br />SECTION 2 — ON CALL SERVICES
<br />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
<br />limitations associated with performing engineering judgments and testing Services on an on -call basis, including without limitation, the inability to
<br />completely evaluate, document or judge work and conditions not directly observed or tested by AET. AET's opinions, conclusions, and recommendations
<br />are qualified to the extent of those limitations.
<br />2_2 - Density tests of fill soils represent conditions only at the locations and elevations tested and do not necessarily represent conditions laterally or
<br />below. AET can only provide judgments regarding the engineered fill system to adequately support the design construction loadings by monitoring the
<br />filling process on a continuous basis for consistency of soil type, moisture content, lift thickness, and compaction effort.
<br />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
<br />to provide adequate advance notice to AET.
<br />SECTION 3 - SITE ACCESS. UNDERGROUND FACILITIES AND CONSTRUCTION STAKING
<br />3_1- Client will furnish AET safe and legal site access.
<br />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),
<br />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
<br />shall be entitled to rely upon the accuracy of all location information supplied by any source.
<br />3_3 — Client shall hold harmless, indemnify and defend AET from all claims, damages, losses, fines, penalties and expenses (including attorney's fees)
<br />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
<br />not located by or vary from the locations marked by Client, governmental or quasi -governmental locator programs, or private utility locating services, or
<br />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
<br />obligation to indemnify and hold harmless AET and shall be with independent counsel acceptable to AET.
<br />ACS 403C (01/21) AMERICAN ENGINEERING TESTING, INC.
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