4.4 SR 04-05-2021Request for Action
To
Item Number
Mayor and Ci T Council
4.4
Agenda Section
Meeting Date
Prepared by
Consent
April 5, 2021
Brandon Wisner, Engineering Project Manager
Item Description
Reviewed by
Fire Station #3 Special Testing and Inspections
Reviewed by
Action Requested
Approve, by motion, a contract with American Engineering Testing, Inc. (AET), in the amount of $28,440.40 for
Fire Station #3.
Background/Discussion
A request for proposal for testing and inspection services for the new construction of Fire Station #3 was drafted
and sent out. Five consulting firms responded to the proposal.
Based on the five proposals, AET is recommended.
Financial Impact
This item is budgeted.
Mission/Policy/Goal
Opportunity to live, work, and play.
Attachments
■ AET Proposal for Project Testing Services
■ 2021 FS3 RFP Document
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei l_ y.
M
TUREJ
Updated.• August 2020
AMERICAN
ENGINEERING
TESTING, INC.
PROPOSAL FOR PROJECT TESTING SERVICES
AET PROPOSAL No. 26-20557
March 30, 2021
American Engineering Testing, Inc. (AET) has been requested to provide a proposal for Project Testing
Services for the referenced project by Brandon Wisner from City of Elk River and Engineers on March 22,
2021.
Project: Fire Station Building 93
Address: 9921 191st Ave NW
Elk River, Minnesota
Our Client: City of Elk River
Address: 13065 Orono Parkway
Elk River, MN 55330
Project Mgr: Brandon Wisner
Telephone: (763) 635-1054
PROJECT INFORMATION
The project will include a one -level fire station building with a mezzanine level inside of it. The building will
have approximate overall dimensions of 136 feet by 150 feet. Finished floor elevation will be 928.75. The
building will have above grade CMU walls with a steel truss roof system with composite concrete/metal
decking elevated mezzanine. The structure will be supported by conventional spread footings designed using
an allowable soil bearing pressure of 3,000 pounds per square foot (psf).
GEOTECHNICAL INFORMATION
Previously, a geotechnical exploration program was performed at the project by Chosen Valley Testing.
The results were presented in their Geotechnical Evaluation Report, dated July 28, 2020, (CVT Project No.
13739.18MNS). A brief summary of that report includes recommendations, that the topsoil and fill are not
suitable for building support and should be completely removed from the building area and replacing these
soils as needed with engineered fill. At the locations explored, up to 6 '/2 or removal would be expected.
For planning purposes, we recommend assuming that all "possible fill" must be removed, subject to closer
geotechnical review during construction. Reference should be made to that report for more details
regarding site conditions and recommendations.
SCOPE OF SERVICES
AET's anticipated scope of services for City of Elk River will be performed according to the project plans and
specifications provided to us. The services provided by AET will be performed on a will -call basis, when
notified by City of Elk River Brunton field personnel. Our anticipated scope of services will include the
following:
City of Elk River — Elk River Fire Station 93 .A MERICAN
Proposal for Project Testing Services j ENGINEERING
AET Proposal No. 26-20557
March 30, 2021 TESTING, INC.
Page 2 of 6 —
Soil Observations and Testing for Building and Pavement Sub2rades:
• Observations of building and pavement excavations and subgrade soils (by Senior Engineering Assistant).
• Document elevations at the bottoms of the excavations and judge adequacy of excavation lateral
oversizing.
• Perform shallow hand auger borings and hand cone penetrometer probes to evaluate the soils in the
observed excavations.
• Observations of subgrade soils during test roll procedures (by Senior Engineering Assistant).
• Soil compaction tests in building and utility excavations, pavement subgrade soils (by an Engineering
Technician I).
• Standard Proctor tests of each different type of soil or Class 5 aggregate base encountered at our test
locations.
• Sieve tests of granular fill and Class 5 aggregate base materials if requested.
Post- Installed Anchor Observations
During installation of the post installed adhesive anchors, personnel from AET will observe the location,
placement of the anchors. While at the site, the AET personnel will perform the following services:
• Review the most recent plans and specifications available at the jobsite.
• Observe that the correct number, size, and type of anchor were installed.
• Document the specified adhesive was used and that the adhesive is not expired.
• Observe that the specified cleanout procedures were followed.
We estimate that our Staff Engineer I will make 2 site visits to conduct these observations and testing services.
Reinforcing Steel Observations and Concrete Testing:
• Observations of reinforcing steel in the concrete building elements to evaluate conformance to approved
structural drawings (by an Engineering Technician II).
• Field testing of concrete placed for the structural elements and other concrete features: including slump
tests, air content tests, and temperature tests (by an Engineering Technician I or II).
• Project specifications require that two sets of cylinders be cast in the first 25 cubic yards then every 50
cubic yards (or fraction thereof) of each type of concrete placed each day. Each set will consist of (2) sets
of three cylinders; two which will be tested after 7 days and two which will be tested after 28 days.
• Pick up cylinders from the jobsite for delivery to AET laboratory.
• Compressive strength testing of concrete test cylinders (I test at 7 days; 2 tests at 28 days).
Observation of Fluid Applied Vapor Barrier & EIFS
AET has included observations of the fluid applied vapor barrier and EIFS to the exterior CMU walls in our
fee estimate. These services will be performed by a Staff Engineer I on a will -call basis when requested by the
City of Elk River — Elk River Fire Station 93 .A MERICAN
Proposal for Project Testing Services j ENGINEERING
AET Proposal No. 26-20557
March 30, 2021 TESTING, INC.
Page 3 of 6 —
contractor.
Any deficiencies or deviations which are observed will be reported to the project team for correction.
We estimate a total of 3 site visits will be required to complete the observation of fluid applied vapor barriers
and EIFS. Any deficiencies or deviations which are observed will be reported to contractor and/or their
subcontractor.
Fire Stopping Material Observations
We will observe the installation of the fire stopping materials as they are being installed. These observations
will be performed by a Staff Engineer on a will -call basis. While on the site, the Engineer will:
Observe the installation of the firestop materials along the wall/floor joint, and the wall/ceiling joint.
Observe the installation of the mechanical and electrical penetration firestop materials.
Compare the products being installed to the details provided by the material supplier.
We estimate a total of 4 site visits will be required to complete the fire stopping material observations for this
project. Any deficiencies or deviations which are observed will be reported to contractor and/or their
subcontractor.
Masonry Observations and Testing
During construction, AET personnel will perform observations during masonry wall construction, as well as
testing of mortar and grout (if required). Our observations and testing will be performed by an experienced
Engineering Technician II on a will -call basis, and will include the following services:
• Observe that the proper size units are used.
• Observe that the units are clean, sound and dry when placed.
• Observe that the masonry bearing surfaces are clean.
• Observe the placement and alignment of vertical reinforcing bars and dowels, and document that the
correct sizes of bars are used.
• Observe the placement and alignment of horizontal reinforcing bars, and document that the correct
sizes of bars are used.
• Observe that the correct lengths of bar lap splices are provided.
• Observe that the proper clearance is provided between the bars and the masonry units.
• Observe the general construction practices, including compliance with proper cold or hot weather
protection as required by the project specifications.
Any discrepancies from the project specifications will be brought to the attention of the contractor and/or their
subcontractor. Daily field reports of our observations and testing will be available to the contractor and other
authorized site personnel.
We estimate that our technicians will make 10 site visits to conduct these observations and testing services.
While at the site the Engineering Technician II will also 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
City of Elk River — Elk River Fire Station 93 .A MERICAN
Proposal for Project Testing Services j ENGINEERING
AET Proposal No. 26-20557
March 30, 2021 TESTING, INC.
Page 4 of 6 —
"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.
Observations of Welded and Bolted Connections
During erection of the structural steel frame, steel joists, and metal decking, AET will provide a Level II
Engineering Technician (AWS Certified Welding Inspector) certified in accordance with ASNT to perform
observations of the welded and bolted connections. These services will be performed on a will -call basis when
requested by the contractor. Our services will include the following:
• Observe bolted connections for compliance with Section 9a of the "Specification for Structural Joints
using ASTM: A325 or ASTM: A490 Bolts" approved by the Research Council on Structural Connections.
• Observe welded connections for compliance with the requirements of Section 6 (steel frame) of the AWS
"Structural Welding Code" D1.1. Fillet welds will be visually observed for length, quality and suitability.
Full or partial penetration welds will be tested by ultrasonic or magnetic particle methods.
• Observe deck welds for compliance with the requirements of the AWS "Structural Welding Code" D 1.3.
• Observe deck fasteners to verify that the correct number and spacing is provided in accordance with the
project specifications.
• Observe and test the shear stud's welds for suitability and quality in accordance with the requirements of
AWS "Structural Welding Code" D1.1 — Section 7.
Any deficiencies or deviations which are observed will be reported to personnel from the contractor and/or
their subcontractor. We estimate a total of 4 site visits will be required to complete our observations of the
welded and bolted connections on this project. Daily field reports of our observations and testing will be
available to the contractor and other authorized site personnel.
Floor Flatness Testing (Optional)
Floor Flatness testing may be required by the engineer if requested. These services will be performed by an
experienced Staff Engineer or Engineering Assistant.
The field testing will be completed in accordance with ASTM: El 155, "Standard Test Method of Determining
Floor Flatness and Levelness Using the F-number System." Our flatness/levelness testing will be performed
using a Face Model 2000 or 2002 dipstick We assume that we will have complete access to the slab surface
for this testing; i.e., no curing blankets, equipment or materials will be present or stored on the slab.
Bituminous Testing (Optional)
Upon request of the client, when placement of the bituminous base and wear layers begins, an experienced
Engineering Technician II would 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 would 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.
Help to establish a rolling pattern each day by observing the number of passes the roller
City of Elk River — Elk River Fire Station 93 .A MERICAN
Proposal for Project Testing Services j ENGINEERING
AET Proposal No. 26-20557
March 30, 2021 TESTING, INC.
Page 5 of 6 —
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 2 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.
If needed, after the completion of the paving, the paving contractor will remove cores from the finished surface
(after each layer is completed) (when all layers are completed). 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.
Project Management and Coordination:
• Project management and supervision of AET personnel/activities by Principal Engineer (Registered
Professional Engineer).
• Issuing periodic reports presenting the results of our observations and testing, as well as a final summary
report.
FEES
All services will be invoiced on a unit cost basis according to the attached Fee Schedule. Our estimated total
cost is $28,444.40. If our scope of services should change, or additional time or tests are needed to complete
the required testing services, we will contact our client for additional funds.
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 upon acceptance of the proposal.
Acceptance
AET requests written acceptance of this proposal in the Proposal Acceptance box below, but the following
actions shall constitute your acceptance of this proposal together with the Terms and Conditions and
City of Elk River — Elk River Fire Station 93 AMERICAN
Proposal for Project Testing Services j ENGINEERING
AET Proposal No. 26-20557
March 30, 2021 TESTING, INC.
Page 6 of 6
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. When you accept this proposal, you represent that you are authorized to
accept on behalf of the Client.
REMARKS
The estimated total cost and the terms of this document will be valid for 60 calendar days from the date of this
proposal. After that time, if not authorized, we reserve the right to renegotiate any and all aspects of this
proposal.
Thank you for this opportunity to submit our proposal. If you have any questions or need any additional
information, please call me at (612) 965-9279 or email me at lcallais&amengtest.com.
SIGNATURES
AET REPRESENTATIVE:
GIGa6�-
LeRoy G. Callais, nior Engineering Assistant
Services
March 30, 2021
CLIENT ACCEPTANCE:
Brandon Wisner, Engineering Project Manager
Date Date
AET REVIEW:
Robert J. Olson, PE, Branch Manager
March 30, 2021
Date
FEE SCHEDULE
PROJECT TESTING SERVICES
ELK RIVER FIRE STATION #3
9921 191 ST AVE NW
ELK RIVER, MINNESOTA
AET PROPOSAL No. 26-20557
SERVICE DESCRIPTION
PROJECT BUDGET
ESTIMATED UNIT BUDGET
UNITS RATE AMOUNT
Excavation Observations and Compaction Testing
1. Senior Engineering Technician for observations of excavations and subgrade test
rolls, consultation, and reporting (services provided on a will -call basis -
assumes 2 trips to the jobsite).
4 hours
$80.00
$320.00
2. Technician I travel time for soil compaction testing (services provided on a will -
call basis - assumes 8 trips to the jobsite).
8 hours
$60.00
$480.00
3. Personal or Company vehicle mileage.
260 miles
$0.60
$156.00
4. Soil compaction tests (nuclear density gauge).
20 tests
$25.00
$500.00
5. Standard Proctor tests {Methods A or E3).
2 tests
$130.00
$260.00
6. Sieve tests of granular fill and Class 5 aggregate base.
2 tests
$50.00
$100.00
Anchor Observations & Monitoring
1. Engineer I for observations of anchor installation, consultation, and report
preparation (services provided on a will -call basis - assumes 1 trip to the
obsite).
2 hours
$100.00
$200.00
2. Personal or Company vehicle mileage.
26 miles
$0.60
$15.60
Page 1 of 4
FEE SCHEDULE
PROJECT TESTING SERVICES
ELK RIVER FIRE STATION #3
9921 191 ST AVE NW
ELK RIVER, MINNESOTA
AET PROPOSAL No, 26-20557
SERVICE DESCRIPTION
PROJECT BUDGET
ESTIMATED UNIT BUDGET
UNITS RATE AMOUNT
Reinforcing Steel Observations and Concrete Testing
1. Technician II for observations of reinforcing steel and testing of concrete
(services provided on a will -call basis - assumes 15 trips to the jobsite).
38 hours $70.00
$2.660.00
2. Technician I for testing of concrete only - NO OBSERVATIONS OF
REINFORCING STEEL (services provided on a will -call basis - assumes 20
trips to the jobsite).
50 hours $60,00
$3.000.00
3. Personal or Company vehicle mileage.
910 miles $0.60
$546.00
4. Curing, handling and compressive strength testing of 4" x 8" or 6" x 12" concrete
test cylinders (includes handling of non -tested cylinders).
228 cyls. $22,00
$5.016.00
5. Concrete cylinder pick-up service from jobsite.
17 trips $60.00
$1.020.00
Fluid Applied Vapor Barrier & E1FS Observations
1. Staff Engineer 11 to perform field observation. consultation and report preparation
(services provided on a will -call basis - assumes 3 trips to the jobsite).
24 hours $125.00
$3.000.00
2. Personal or Company vehicle mileage.
234 miles $0.60
$140.40
Fire Stop Material Observations
1. Staff Engineer 11 for observations of fire stop material installation. consultation,
and report preparation (services provided on a will -call basis - assumes 4 trips
to the jobsite).
32 hours $125.00
$4.000.00
2. Personal or Company vehicle mileage.
312 miles S0.60
$187,20
Masonry, Mortar, and Grout Observations and Testing
1. Technician II for observations of masonry construction, sampling of mortar and
grout, consultation, and report preparation (services provided on a will -call basis
assumes 10 trips to the jobsite).
25 hours $70,00
$1.750.00
2. Personal or Company vehicle mileage.
260 miles $0,60
$156.00
Page 2 of 4
FEE SCHEDULE
PROJECT TESTING SERVICES
ELK RIVER FIRE STATION #3
9921 191 ST AVE NW
ELK RIVER, MINNESOTA
AET PROPOSAL No. 26-20557
SERVICE DESCRIPTION
PROJECT BUDGET
ESTIMATED UNIT BUDGET
UNITS RATE AMOUNT
3. Curing, handling and compressive strength testing of masonry grout test "prism"
specimens (includes handling of non -tested specimens).
12 tests
$30.00
$360.00
4. Masonry specimen pick-up service from jobsite.
5 trips
$60.00
$300.00
5. Compressive strength testing of masonry block prisms per ASTM: C1314 (sets o
3 prisms; 2 blocks high, fully bedded, no ccrefill).
2 sets
$450-00
$900,00
6. Testing of masonry block per ASTM: C90 (set of six)
2 sets
$215.00
$430,00
Welded & Bolted Connection Observations
1. NDT Level II ICC/CWI Technician for observations of field welded and bolted
connections, consultation, and report preparation (services provided on a will -call
basis - assumes 4 trips to the jobs ite).
16 hours
$100.00
S1.600.00
2. Personal or Company vehicle mileage.
312 miles
$0.60
$187.20
Bituminous Testing (Optional)
1. 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 2 trips to the jobsite).
per hours
$70.00
50.00
2. Personal or Company vehicle mileage.
per miles
$0.60
$0.00
3. Removal of cores from finished bituminous surface (includes all personnel,
equipment rental and patching materials).
0 quoted per project
50.00
4. Thickness and density tests of bituminous core samples.
per tests
$46.00
$0.00
5. MnDOT Gyratory properties of bituminous; including Asphalt Extraction and
Aggregate Gradation tests. Rice Specific Gravity test, and Gyratory Density test.
per tests
$500.00
$0.00
Page 3 of 4
FEE SCHEDULE
PROJECT TESTING SERVICES
ELK RIVER FIRE STATION #3
9921 191 ST AVE NW
ELK RIVER, MINNESOTA
AET PROPOSAL No. 26-20557
SERVICE DESCRIPTION
Floor Flatness Testing (Optional)
1. Engineer I to perform field data collection, analysis of data, consultation, and
eport preparation. (serives provided on a will -call basis - assumes 4 trips to th
obsite).
2. Personal or Company vehicle mileage.
3. Rental of Profilograph.
Project Management & Coordination
1. Project Manager for coordination of AET personnel and activities, attending
neetings (if requested), consultation, and report preparation.
2. Principal Engineer for special) consultation and report review.
3. Personal or Company vehicle mileage.
PROJECT BUDGET
ESTIMATED UNIT BUDGET
UNITS RATE AMOUNT
per
hour
$100.00
S0_
per
miles
$0.60
50,
per
days
$75.00
$0.
8 hours
$125.00
S1.000.0
1 hour
$160.00
$160.0
0 miles
$0.60
$0.0
ESTIMATED BUDGET $28
Page 4 of 4
AMERICAN
ENGINEERING
TESTING, INC.
Background
Rob is a civil engineer with 18 years of experience,
focusing on residential and commercial development.
He is a Professional Engineer, licensed in MN, WI,
ND, SD & MT.
Rob is also certified in the Design of Construction
SWPPP and Construction Site Management through
the University of Minnesota and has experience with
SWPPP design on design -build projects.
Education
BS in Civil Engineering,
University of North Dakota -Grand Forks
Registrations/Certifications
Professional Engineer, Minnesota, No. 45023
Associations
American Society of Civil Engineers
National Society of Professional Engineers
City of Albertville City Council
Rob Olson, PE
Senior Engineer / Manager, Albertville Office
AET Responsibilities
• Due diligence, entitlements, construction plans, and
construction administration for residential development
• Design of site, utility, grading, erosion control, and
stormwater treatment plans for commercial development
• SWPPP design on design -build projects
• Management of staff and budgeting for the AET Albertville
Office in Minnesota
AET Project Experience
Wealshire of Medina — Phase 2, Medina, MN (2019-2020)
Project manager for Geotechnical Exploration and Materials
Testing during construction.
The Quentin Apartments, St. Louis Park, MN (2019-2020)
Project manager for Geotechnical Exploration and Materials
Testing during construction.
2020 Street Improvements, St. Michael, Otsego, Little
Canada, Winsted, Zimmerman, Columbus, MN
Project manager for Materials Testing for numerous state aide
and city street improvement projects.
Past Project Experience
Whispering Hills, Victoria, MN 2016-2019
Project Manager and lead design engineer for a 40-acre
residential development that consisted of 215 Villa and
Townhome units. Project management and design included, due
diligence, entitlements, construction plans, and construction
administration for the entire project.
Walmart & Sam's Club Stores, Minneapolis/St. Paul Area
2011-2012
Designed and Managed numerous stores within the
Minneapolis/St. Paul area. Design included site, utility, grading,
erosion control, and stormwater treatment plans.
Fed Ex Ground — Mankato, MN 2014-2015
Project Manager and Lead Design Engineer for an approximately
100,000 square foot FeclEx Ground facility in Mankato.
MM/17
A,MERICAN
ENGINEERING
TESTING, INC.
Education
Mechanical Drafting & Design,
St. Cloud, Minnesota, 1990
Registrations/ Certifications
ICC Certified Special Inspector (No. 5055293-49)
Prestressed Concrete
Reinforce Concrete
Reinforce Masonry
MnDOT Certified (No. 07656)
Aggregate Production I
Bituminous Street I & II
Bituminous Plant I
Concrete Field I
Concrete Plant I
Grading & Base I & II
Bridge Construction I & II
ACI Certified (No. 00995428)
Nuclear Density Gauge Certified
Hazmat Certified
OSHA Scaffold Safety Certified
Confined Space Entry & Attendant Certified
CPR/First Aid Certified
ACI certified Adhesive Anchor installation inspector
Employment
American Engineering Testing, Inc.
Senior Engineering Assistant 2006 to Present
GME Consulting, Inc.
Senior Materials Technician 1996 to 2006
LeRoy Callais
Senior Engineering Assistant
AET Responsibilities
• Writing proposals for jobs, create final job reports, job summery
reports and billing of projects.
• Provide quality control testing of construction materials including
soils, concrete, masonry, and bituminous for various projects.
• Performing field observations and special inspection services;
judgments of foundation soils.
• Monitoring concrete, masonry, and bituminous placements.
• Observation of Jet Grouting and testing and inspection of field
applied sprayed Fire -resistive materials.
Project Experience
Project Title
Interstate 94DB; St Michael, MN
Interstate 610 DB, Maple Grove
Fed Ex Distribution Center, Rogers, MN
Clam Warehouse, Rogers, MN
3rd North Apartments; Minneapolis, MN
610 Business Park; Brooklyn Park, MN
BMW of Minnetonka; Minnetonka, MN
Children's Hospital Expansion; Minneapolis, MN
County Road 12 Reconstruction; Buffalo, MN
County Road 81 Reconstruction; Rogers, MN
Elk River High School Expansion; Elk River, MN
Fibro Minnesota Plant; Benson, MN
ING Office Building; St. Cloud, MN
Menards Store; Elk River, MN
Menards Store; Maple Grove, MN
Minnesota Limited Corporate Headquarters; Big Lake, MN
MnDot Reconstruction; Albertville, MN
New Ice Arena; Elk River, MN
Nine Mile Cove Development; Hopkins, MN
Skate Board Park, Maple Grove, MN
Central Community Park, Maple Grove, MN
Outdoor Ampa Theater; Maple Grove, MN
Park West Business Center; Brooklyn Park, MN
Providence Academy; Plymouth, MN
Rice Memorial Hospital Expansion; Willmar, MN
St. Cloud State University Library, St. Cloud, MN
St. Jude's Medical Expansion; Plymouth, MN
St. Michael Albertville Elementary School; St. Michael, MN
Target Corporation, North Campus; Brooklyn Park, MN
Waste Water Treatment Plant; Cokato, MN
Waste Water Treatment Plant; Delano, MN
Waste Water Treatment Plant Expansion, Elk River, MN
Waste Water Treatment Plant; Rockford, MN
West Minnetonka Ice Arena; Minnetonka, MN
01/2018
AMERICAN
ENGINEERING
TESTING, INC.
Education
Bachelor of Science, Geology
North Dakota State University
Fargo, ND - 2012
Registrations/Certifications
MnDOT Aggregate Production
MnDOT/ACI Concrete Field I
MnDOT Grading and Base I
ACI Adhesive Anchor
Troxler Nuclear Gauge Certified
Employment
American Engineering Testing, Inc.
Staff Engineer I — 2016-present
Murex Petroleum Corp
Division Order Analyst — 2015-2016
Associate Geologist — 2014-2016
Reservoir Engineer Tech — 2013-2015
Geology Intern — 2011-2012
Kevin Beidelman
Engineer)
AET Responsibilities
• Field testing and sampling of soils
• Observations of foundation and mass excavations
• Scheduling and coordination of project testing
• Preparation of proposals involving construction testing
Project Experience
Talos Apartments— Pre -Condition Surveying; St. Louis Park, MN
Sanctuary Church — Construction Field Testing; Minneapolis, MN
Hawthorne Eco Village — Foundation Excavation Observation;
Minneapolis, MN
Land O Lakes— Roll Testing; Arden Hills, MN
St. Crispin Living Community — Excavation Observation and
Construction Field Testing; Red Wing, MN
Bancroft School — Foundation Excavation Observation;
Minneapolis, MN
Lake Nokomis — Helical Piling Observation;
Minneapolis, MN
Burnes Park — Excavation Observation and Construction Field
Testing; Hopkins, MN
St. Paul Police — Excavation Observation and Environmental
Services; St. Paul, MN
TUV Warehouse — Foundation Excavation Observation and
Construction Field Testing; New Brighton, MN
IDI Distribution Warehouse Addition — Foundation Excavation
Observation and Construction Field Testing; Chanhassen, MN
Waconia Xcel Substation —Excavation Observation and
Construction Field Testing; Waconia, MN
Luther Auto — Excavation Observation and Roll Testing; Golden
Valley, MN
TC Tannery— Excavation Observation and Soils Testing; St. Paul,
MN
Central Apartments — Excavation Observation and Construction
Field Testing; Minneapolis, MN
MapleRidge Church — Excavation Observation and Construction
Field Testing; Maple Grove, MN
Aurora Solar — Site Surveying; Waseca/Mankato/Buffalo, MN
Eagle Aluminum — Excavation Observation and Construction Field
Testing; Loretto, MN
North Loop —Vibration Monitoring; Minneapolis, MN
01/18
Michael Van Alst
NOT Technician • American Engineering Testing, Inc.
Education
American Engineering Testing In -House Training Program
Ridgewater College, Hutchinson, MN; Ultrasonic Training
Registration/ Certification
Ultrasonic, Level II
Magnetic Particle, Level II
Penetrant, Level II
Radiography, Level II
IRRSP 210324
American Welding Society, Certified Welding Inspector
Certified Climber/Rescuer
NACE, Level II
ICC, Structural Steel and Bolting
Employment
AMERICAN ENGINEERING TESTING, INC. — Technician Nondestructive Testing Department/Level II.
Responsibilities include nondestructive testing in a variety of applications to code(s) and client's
requirements. Quality control, welding, and bolting. ASME and AWS Code Inspections. July 2006 -
Present.
Professional Memberships
American Society of Nondestructive Testing
American Welding Society
Project Experience
Flint Hills Resources Refinery — Radiographic Inspection
Faribault Energy Center
Xcel King Plant
Flint Hills Resources Refinery — QC Tank and Piping Inspection
Minnesota Power and Light— QC Tank Inspection
Mid America Energy
Dairyland Power — Genoa, WI
❑airyland Power — Alma, WI
Xcel Wilmarth Plant
MnDaT Radio Communication Towers
Xcel Red Wing Plant
Bill Snyder Family Stadium Expansion
Flickertail Pipeline — North Dakota
Industrial Steel Construction — Gary, IN
VC Summer
Mox Damper
Takeda Pharmaceutical
Lifecore Vial Filling and Packaging
Xcel Blackdog Facility
Fueling Facility Improvements — Camp Ripley, MN
Trinity Meyer
10/20
CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 4
SECTION 1- RESPONSIBILITIES
1_1—This Service Agreement —Terms and Conditions ("terms and conditions") is applicable to all services ("Services") provided by American Engineering
Testing, Inc. (AET). As used herein "Services" refer to the scope of Services described in the proposal submitted by AET to Client. The proposal, these
terms and conditions and any appendices attached hereto shall comprise the agreement ("Agreement") between AET and Client for Services described in
the proposal and are binding upon the Client, its successors, assignees, joint ventures and third -party beneficiaries. AET requests written acceptance of
the 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 any 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
their Client and/or Owner which contain flow -down provisions to AET, if they are included, site safety plans or other documents which may control or
affect AET's Services. If new information becomes available or changes are made during AET's Services, Client will provide such information to AET in a
timely manner. 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 or judge work and conditions not directly observed or tested by AET. AET's opinions, conclusions, and recommendations
are qualified to the extent of those limitations.
2_2 - Density tests of fill soils represent conditions only at the locations and elevations tested and do not necessarily represent conditions laterally or
below. AET can only provide judgments regarding the engineered fill system to adequately support the design construction loadings by monitoring the
filling process on a continuous basis for consistency of soil type, moisture content, lift thickness, and compaction effort.
2_3 — AET requires a minimum of 24 hours' notice of the need for Services. AET will not be liable for claims, damages, or delays related to failure of Client
to provide adequate advance notice to AET.
SECTION 3 - SITE ACCESS. UNDERGROUND FACILITIES AND CONSTRUCTION STAKING
3_1- Client will furnish AET safe and legal site access.
3_2 —With the exception of public utilities which AET will contact state "call before you dig" notification centers (e.g. Gopher State One call in Minnesota),
Client will mark or cause to be marked the location of all other underground utilities and structures (Facilities) that service or are located on the site. AET
shall be entitled to rely upon the accuracy of all location information supplied by any source.
3_3 — Client shall hold harmless, indemnify and defend AET from all claims, damages, losses, fines, penalties and expenses (including attorney's fees)
arising out of or related to the following: a) Facilities that are not shown or vary from the locations shown on any plans or drawings, b) Facilities that are
not located by or vary from the locations marked by Client, governmental or quasi -governmental locator programs, or private utility locating services, or
c) any other Facilities that are not disclosed or vary from locations provided by the Client. The obligation to defend AET shall be independent of the
obligation to indemnify and hold harmless AET and shall be with independent counsel acceptable to AET.
ACS 403C (01/21) AMERICAN ENGINEERING TESTING, INC.
CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 4
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.
iFCTIAN a - iAFFTV
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 fora 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.
SECTIONS - INSURANCE
AET maintains insurance with coverage and limits shown below. AET will furnish certificates of insurance to Client upon request.
8.1 —
Workers' Compensation
Employer's Liability
Commercial General Liability
Automobile Liability
Professional/Pollution Liability Insurance
Statutory Limits
$100,000 each accident
$500,000 disease policy limit
$100,000 disease each employee
$1,000,000 each occurrence
$1,000,000 aggregate
$1,000,000 each accident
$1,000,000 per claim
$1,000,000 aggregate
8_2 - Commercial General Liability insurance will include coverage for Products/Completed Operations extending one (1) year after completion
of AET's Services as outlined in our proposal, Property Damage, Personal Injury, and Contractual Liability coverage applicable to AET's indemnity
obligations under this Agreement.
8_3 Automobile Liability insurance shall include coverage for all owned, hired and non -owned automobiles.
8_4 Professional/Pollution Liability Insurance is written on a claims -made basis and coverage will be maintained for one (1) year after
completion of AET's Services as outlined in our proposal. Renewal policies during this period shall maintain the same retroactive date.
8_5 -To the extent permitted by applicable state law, and upon Client's signing of the proposal, which includes these Terms and Conditions,
and return of the same to AET, or Client provided forms of acceptance as defined in Section 1.1; Client and Owner shall be named an
"additional insured" on AET's Commercial General Liability Policy (Form CG D414, which includes blanket coverage for the Additional Insured
on a Primary and Non -Contributory basis). Client and Owner shall also be named an "additional insured" on a Primary and Non-contributory
basis on AET's Automobile Liability Policy (Form CA T4 74). Any other endorsement, coverage or policy requirement may result in additional
charges.
8_6 - AET will maintain insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available, with
insurance carriers licensed to do business in the state in which the project is located and having a current A.M. Best rating of no less than A minus
(A-). Such insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for the policy
or ten (10) days' notice for non-payment of premium.
8_7 - AET reserves the right to charge Client for AET's costs for additional coverage requirements unknown on the date of the proposal, e.g.,
coverage limits or policy modification including waiver of subrogation, additional insured endorsements and other project specific requirements.
ACS 403C (01/21) AMERICAN ENGINEERING TESTING, INC.
CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3 of 4
SECTION 9 - DELAYS
If delays to AET's Services are caused by Client or Owner, other parties, strikes, natural causes, pandemic, weather, or other items beyond AET's control,
a reasonable time extension for performance of the Services shall be granted, and AET shall receive an equitable fee adjustment.
SECTION 10 - PAYMENT, INTEREST AND BREACH
10.1 - Invoices are due net thirty (30) days from the date of receipt of an undisputed invoice, but not greater than 45 days from the date of the invoice.
Client will inform AET of invoice questions or disagreements within fifteen (15) days of invoice date; unless so informed, invoices are deemed correct.
10.2 — Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its sole discretion and without
limiting any other legal or equitable remedies for such breach, to terminate performance of this Agreement and be relieved of any associated duties to
the Client or other persons. Further, AET may withhold from Client data and reports in AET's possession. If Client fails to cure such breach, all reports
associated with the unpaid invoices shall immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the
Services.
10.3 — AET reserves the right to pursue any unpaid invoice utilizing available remedies at law. AET explicitly reserves its Mechanic Lien or Bond Claim
rights for nonpayment of an undisputed invoice. Client is responsible for paying AET expenses and attorney fees related to collection of past due invoices.
SECTION 11- CHANGE ORDERS
AET's proposal associated with this project provides an estimated cost for the work. If the proposal amount is a time and material estimate, or if changes
occur affecting the project scope, estimated quantities, project schedule or other unforeseen conditions, AET will communicate with Client 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 authorized under this agreement. Approval of a change order maybe 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 and each party shall pay their own legal fees. The mediator
shall be acceptable to both parties and shall have experience in commercial construction matters.
SECTION 13 - LITIGATION REIMBURSEMENT
Except for matters relating to non-payment of fees, which is governed by Section 10 hereof, payment of attorney's fees and costs associated with lawsuits
or arbitration of disputes between AET and Client, which are dismissed or are judged substantially in either party's favor, shall be paid bythe non -prevailing
party. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and AET costs.
SECTION 14 - MUTUAL INDEMNIFICATION
14.1- Subject to the limitations contained in Sections 14 and 17, AET agrees to indemnify Client from and against damages and costs to the extent caused
by AET's 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 an Additional Insured .
14.4 - AET's indemnification to the Client, including any indemnity required or implied by law, is limited solely to losses or damages caused by its failure
to meet the standard of care and only to the extent of its negligence .
SECTION 15 - NON -SOLICITATION
Each party to this Agreement (a "Party") agrees that it will not encourage, induce, or actively solicit any employee of the other party to leave their
employment for any reason, provided that neither Party is precluded from (a) hiring any such employee who has been terminated by a Party or its
subsidiaries prior to commencement of employment discussions between a Party and such employee, or (b) soliciting any such employee by means of a
general advertisement or through an employment agency that does not specifically pursue the employee, or (c) hiring employees or former employees
of the other Party who contact the Party on its own accord. This Non -Solicitation provision shall be effective and enforceable for six (6) months following
termination of this Agreement.
SECTION 16- MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES
Except as specifically set forth herein and to the extent permitted by applicable law, Client and AET waive against each other, and each other's officers,
directors, members, subcontractor, agents, assigns, successors, partners, and employees any and all claims for or entitlement to special, incidental, indirect,
punitive, or consequential damages arising out of, resulting from, or in any way related to the Services provided by AET under this Agreement. This mutual
waiver of consequential damages includes, but is not limited to, the following: loss of profits; loss of revenue; rental costs/expenses incurred; loss of income;
loss of use of property, equipment, materials or services; loss of opportunity; loss of rent; loss of good will; loss of financing; loss of credit; diminution of value;
loss of business and reputation; loss of management or employee productivity or the services of such persons; increased financing costs; cost of substitute
facilities; cost of substitute goods/property/equipment; cost of substitute services; and/or cost of capital. This mutual waiver is applicable, without limitation,
to all consequential damages due to either party's termination of this Agreement in accordance with the provisions of the Agreement and related documents
and shall survive any such termination.
ACS 403C (01/21) AMERICAN ENGINEERING TESTING, INC.
CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 4 of 4
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, the total aggregate liability of AET and its officers, directors, partners, employees, subcontractors,
agents, and sub -consultants, to Client and/or Client's employees, officers, directors, members, agents, assigns, successors, or partners, or anyone claiming
through Client, for any and all injuries, damages, claims, losses, or expenses (including attorney's fees and costs) arising out of, resulting from or in any
way related to Services provided by AET from any cause or causes, including, but not limited to, its negligence, professional errors and omissions, strict
liability, breach of contract, or breach of warranty shall not exceed the total compensation in excess of costs received by AET for Services or $50,000,
whichever is greater. The limitation of liability set forth herein does not apply to claims arising solely out of or related to the willful or intentional acts of
AET.
SECTION 18 — UNIONIZATION
AET reserves the right to negotiate an appropriate fee increase or to terminate this Agreement 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 29Code of Federal Regulations Part471, AppendixA 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 after the start of our Services. Any modifications to this Agreement must be mutually acceptable to
both parties and accepted in writing. No considerations will be given to revisions to AET's terms and conditions or alternate contract format submitted
by the Client as a condition for payment of AET's accrued Services.
ACS 403C (01/21) AMERICAN ENGINEERING TESTING, INC.
A"Cornm-11] k10=VMnI nc4
ATE (MM+DDIYYYY)
CERTIFICATE OF LIABILITY INSURANCE DATE
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 ri g hts to the certificate holder in lieu of such endorsements .
PRODUCER License # 20443386
CT Ann Ross
HUB International Mountain States Limited
Sui E. Roselawn Avenue
Suite 31
Ertl j651) 28$-5137 wC,Nu 551 286.0560
L ann.ross hubinternational.com
E55
Saint Paul, MN 56117-1940
INSURER ($) AFFORDING COVERAGE
NAIL*
INSURER The Phoenix Insurance Company
25523
INSURED AMERICAN CONSULTING SERVICES INC
INSURER B The Traveler Indemnity Company of America
25666
INSURER C Traveler Property Casualty Company of America
25674
AMERICAN ENGINEERING TESTING INC
INSURER D The Travelers Indemnity Company
25658
AMERICAN PETROGRAPHIC SERVICES INC
660 CLEVELAN❑ AVE N
ST PAUL, MN 55114-1804
INSURER Continental Casualty Company
20443
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.
INSR
TYPE OF INSURANCE
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POLICY NUMBER
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OF OPERATIONS r LOCATIONS I VEHICLES (ACORD 101, Addtional Remaalcs Schedule, may be attached if mare space is required)
: contracts@amengtest.com
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Illustration Only THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
y ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016103j O 1988-2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
W= 9
Request for Taxpayer
Give Fora to the
Form
[Rev.October2018)
Identification Number and Certification
requester. Do not
Department of the Treasury
send to the IRS.
Internal
Revenue Service
► Go to www.irs.gov/FormW9 for instructions and the latest information.
I Name (as shown on your income tax return), Name is required on this line; do not leave this line blank.
American Engineering Testing, Inc.
2 Business name/disregarded entity name, I different from above
v
3 Check appropriate flex for fedwal tax classification of the person whose name is entered on line 1. Check Only one of the
4 Exemptions (codes apply only to
+
following seven boxes,
certain entities, not Individuals; see
r1
instructions on page 3):
❑ IndivldtaVsole proprietor or ❑ C Corporation ❑ S Corporatlon ❑ Partnership ❑ Trust/estate
C
single member LLC
Exempt payee code fif any)
a
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❑ limited liability company. Enter the tax classification (C=■
C corporation, S=S corporation, P=partnership)
`q 2
Note: Check the appropriate box in the line above for the tax classification of the single member owner. Do not check
Exemption from FATCA reporting
LLC if the LLC is classified as a single member LLC that is disregarded from the owner unless the owner of the LLC is
code (if any)
another LLC that Is not disregarded from the owner for U.S. federal tax purposes. otherwise, a single member LLC that
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Is disregarded from the owner should check the appropriate box for the tax ciasslfication of its owner-
d❑
Other (see instructlons) ■
r•� f •cmuName� anw rr. rn•u.sJ
5 Address (number, street, and apt. or suite no.) See instructions,
Requester's name and address (optional)
550 Cleveland Ave. N.
6 City, state, and ZIP code
St. Paul, MN 55114
7 Ust account numbers) here (optional)
Taxpayer Identification plumber (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, seethe instructions for Part 1, later. For other —E] -71
entitles, It is your employer identification number (EIN). If you do not have a number, see Now 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 anon L Employer Identification number I
Number To Give the Requester for guidelines on whose number to enter.
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) enteredon this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid.
acquisition or abandonment of secured property, cancellation of de rlbuto an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to skp thetert�tions icn, but you must provide your correct TIN. Seethe instructions for Part 11, later.
Sign
Here
SignatuWe i
U.S.. Person ►
Data ■ !
General Instr ctions
• Form 1099-DrV (dividends, including those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise
• Form 1099-MISC (various types of Income, prizes, awards, or gross
noted.
proceeds)
Future developments. For the latest information about developments
. Form 1099-B (stock or mutual fund sales and certain other
related to Form W-9 and Its Instructions, such as legislation enacted
transactions by brokers)
after they were published, go to www.irs.govIFormW9.
• Form 1099-5 (proceeds from real estate transactions)
Purpose of Farm
• Form 1099-K (merchant card and third party network transactions)
An individual or entity (Form W-9 requester) who is required to file an
• Form 1098 (home mortgage Interest), 1098-E (student loan interest),
information return with the IRS must obtain your correct taxpayer
1098-T (tultion)
identification number (TIN) which may be your social security number
• Form 1099-C (canceled debt)
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
a Form 1099-A(acqulsiIion or a b an don m on I of secured property)
(EIN), to report on an information return the amount paid to you, or other
Use Form W-9 only if you are a U.S. person (Including a resident
amount reportable on an Information return. Examples of information
alien), to provide your oorrect TIN,
returns include, but are not limited to, the following.
If you do not return Form W-9 to the requester with a TIN, you might
• Form 1099-IiNT (Interest earned or paid)
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X Form 1N-9 (Rev. 10-2018)
REQUEST FOR PROPOSALS
FOR PROFESSIONAL SERVICES
SECTION I: GENERAL INFORMATION
Contract Administration
All persons or firms whom this RFP was sent to, will be notified of any revisions or
corrections. A proposal will not be considered if it fails to include all requested information
as detailed in this original RFP and any subsequent modifications.
Acceptance of Proposal Contents
The contents of this RFP will be included as part of the contractual obligations if a contract
ensues. All information in the proposal is subject to disclosure under the provisions of
Minnesota Statutes Chapter 13 — Minnesota Government Data Practices Act.
PROJECT OVERVIEW
The City of Elk River intends to retain a professional firm to provide special testing services
needed for the City's Fire Station #3 located at 9921 191ST AVE NW, ELK RIVER MN.
Construction is expected to begin at the beginning of April 2021 and be completed in
approximately one year. Funding for the project is expected to be from local sources.
The special testing services for the project shall include testing outlined in the project
specification and associated addenda (please note the addenda may include changes to the
testing requirements) in Pages from Elk River FS3 Project Manual v1.014100 Special
Inspections and Test & 014101 Statement of Special Inspections and Tests, and Station #3
- summary schedule (two formats). These documents are all in the OneDrive folder.
SECTION 2: OVERALL SCOPE OF SERVICES
The services required of the Consultant are anticipated to be provided beginning in early
April 2021 and ending when the warranty inspection for the constructed improvements
has been completed. The following are general work tasks and deliverables that shall be
included in the Consultant's scope for both projects:
1. Construction testing and documentation as required per the project
specifications or as directed by the respective regulatory authority.
2. Warranty inspection, as needed.
Request for Proposals
Public Safety Project Expansion Improvement
--------------------------
Page 2 of 5
The City will provide all available record and project drawings and mapping information to
the selected firm.
All permit and other regulatory review fees shall be paid by the consultant and will be
reimbursed by the City. These costs shall not be included in the consultants not to exceed
fee for the project.
SECTION 3: PROPOSALS
The proposal shall contain the type of information summarized below. Additional
information is allowable as long as it is directly relevant to the proposed project.
Proposal Format
The submittal should follow the Table of Contents listed below:
1. General Information
2. Project Understanding and Approach
3. Proposed Project Team and Experience
4. Schedule
5. Any Additional Information as Needed
6. Total Consultant Cost
7. Insurance Certificate
A brief description of each section is included below.
General Information
General information and a brief history of the Consultant's firm. Include similar
information on key subconsultants, if any, proposed for the project.
2. Project Understanding
A summary of the Consultant's understanding of the work. Provide specific approaches,
methods, and assumptions that will be utilized to accomplish the development of this
project, including each work phase. Include details about the Consultant's approach to
coordinating a public process.
Proposed Project Team and Experience
■ Identify the key project team members and describe their specific roles on the
project. Include key team members from sub -consultant firms if any.
■ Describe relevant experience and provide information on at least two (2) reference
projects completed in the last five (5) years. Provide personal references and contact
information.
5. Schedule
Request for Proposals
Public Safety Project Expansion Improvement
--------------------------
Page 3 of 5
A proposed schedule from project initiation to final completion of construction. The
schedule should include a listing of key tasks within each phase, key milestones and
approximate dates, and deliverables.
6. Additional Information
Include any other information that is believed to be pertinent, but not specifically
requested elsewhere in this RFP.
7. Total Consultant Cost
The consultant cost should be broke out as follows:
a. Proposed costs for each scope of work for the project as listed in Section
2.
b. Hourly rates for all consultant employees who are expected to work on
this project. These rates shall be the agreed upon costs for any additional
services requested by the City of Elk River, above what is detailed in the
scope of this RFP.
c. Reimbursable costs including detail of service or item and applicable
charge per unit.
d. Not to Exceed cost for the project.
Proposals that do not include a `Not to Exceed' cost will be disregarded with no further
consideration. It is the responsibility of the proposing firm to accurately predict the
amount of time that they will need to spend on all proposed services for the project.
The City of Elk River requires the consultant to have a part-time/as needed
construction observer/tester to be onsite during associated work as driven by the
construction manager.
8. Insurance Certificate
Indicate ability to provide all necessary insurance certificates.
SECTION 4: CONSULTANT SELECTION
Proposals will be reviewed and evaluated by a team of City staff on the basis of the following
criteria:
1. Consulting firm and key project staff experience with similar projects to this. In
addition to understanding technical issues and having sound technical/
engineering expertise, the Consultant must also have an awareness and
understanding of the social/political issues that can surround projects of this
nature, and must possess the personal and leadership skills necessary to navigate
the project through the public process.
2. Proven successful construction management of projects of this nature is
required. This includes the effective coordination and management ofprivate
Request for Proposals
Public Safety Project Expansion Improvement Page 4 of 5
--------------------------
and public utilities, contractors, adjacent property owners, and other
stakeholders.
3. Successful experience of both the firm itself and the individual team members
will be considered.
4. Proposed consultant cost
SECTION 5: CONTRACT TERMS AND CONDITIONS
Upon selection of a Consultant, an Agreement or Contract for Services, attached to this
RFP, shall be entered into by the City and the Consultant. It is expected that the contract
will provide for compensation for actual work completed on a not to exceed basis, and the
following conditions:
1. Deletions of specific itemized work tasks will be at the discretion of the City.
Payment or reimbursement shall be made based on tasks that have been
satisfactorily completed. Billing that exceed the not to exceed amount will not be
compensated unless a contract extension has been approved in advance by the
City Council.
2. The City shall retain ownership of all documents, plans, maps, reports and data
prepared under this proposal. In addition to being provided hard copy and
digital documents throughout the project, upon completion the consultant shall
supply the City of Elk River with a fully scanned (Laserfiche) project file.
3. If, for any reason, the Consultant is unable to fulfill the obligations under the
contract in a timely and proper manner, the City shall reserve the right to
terminate the contract by written notice. In this event, the firm shall be entitled
to just and equitable compensation for any satisfactory completed work tasks, as
determined by the City Engineer.
4. The Consultant shall not assign or transfer any interest in the contract without
prior written consent of the City.
5. The Consultant shall maintain comprehensive general liability insurance in
accordance with Section 466.04 of the Minnesota Statutes.
6. The Consultant shall defend, indemnify and hold harmless the City of Elk River,
its officials, employees and agents, from any and all claims, causes of action,
lawsuits, damages, losses or expenses, including attorney fees, arising out of or
resulting from the Consultant's (including its officials, agents, subconsultants or
employees) performance of the duties required under the contract, provided that
any such claim, damages, loss or expense is attributable to bodily injury, sickness,
diseases or death or injury to or destruction of property including the loss of use
resulting therefrom and is caused in whole or in part by any negligent act or
omission or willful misconduct of Consultant.
7. The Consultant contract shall be governed by the laws of the State of Minnesota.
8. Project summaries shall be submitted with each invoice during the course of the
project. Each summary shall detail the amount billed to date, work items that
need to be completed, the estimated costs to complete these tasks and the
projected timeline for the completion of the project. Invoices submitted tothe
Request for Proposals
Public Safety Project Expansion Improvement Page 5 of 5
--------------------------
City shall include a detailed breakdown of times, personnel, mileage, etc.
chargeable for that period.
SECTION 6: CONCLUSION AND SUBMITTAL
Any requests for additional information that may be needed for the preparation of the
proposal should be directed via email to Brandon Wisner at bwisner(a)elkrivermn.gov. All
questions must be received before 10:00 am, March 25, 2021. No responses will be
provided for questions received after that time.
Please provide one electronic (pdo copy of the Proposal for the evaluation process.
Proposals shall be addressed to:
Brandon Wisner
Engineering Project Manager
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Proposals will be accepted until 4:30PM on Tuesday, March 30, 2021.
Attachments (listed in OneDrive folder):
2021 FS3
Elk River Fire Station 3—Current Contract Set
Pages from Elk River FS3 Project Manual vl
Station 43 - Summary Schedule (two formats)
%m ver
13065 Orono Parkway
Elk River, MN 55330
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT ("Agreement") is made this day of , 20 , between
the City of Elk River, Minnesota ("City'), whose business address is 13065 Orono Parkway,
Elk River, MN 55330 and American Engineering Testing, Inc. ("Consultant") whose
business address is 5548 Barthel Industrial Drive, Suite 500, Albertville, MN 55301.
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms, or
corporations providing such services enter into written agreements with the City. The
purpose of this agreement is to set forth the terms and conditions for the professional
services Consultant will provide in connection with Fire Station Building #3 Project Testing
Services, herein referred to as the "Work".
The City and Consultant agree as follows:
Work. The Consultant agrees to provide the professional services described in
Exhibit "A" attached hereto (the "Work").
2. Time for Performance of Services. The Consultant shall perform the services
described in Exhibit A according to the schedule attached as Exhibit B,hereto.
3. Compensation for Services. City agrees to pay the Consultant $24,440.40 for the
Work. Any changes in the scope of the Work which may result in additional
compensation due to the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
4. The City agrees to provide the Consultant with the information required to complete
the Work.
5. Method of Payment. The Consultant shall submit itemized bills for professional
services performed under this Agreement on a monthly basis. Bills submitted shall
be paid in the same manner as other claims made to the City.
Page 1 of 9 Standard Agreement For Professional Services
6. Project Manager and Staffing. The Consultant has designated the individuals
identified in Exhibit A as the Project Manager to serve on the Project. The Project
Manager shall be assisted by other staff members as necessary to facilitate the
completion of the Project in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of
the City.
Standard of Care. Standard of Care. Consultant shall exercise the same degree of
care, skill and diligence in the performance of the Work as is ordinarily exercised by
members of the profession under similar circumstances in Minnesota. Consultant
shall be liable to the fullest extent permitted under applicable law, without limitation,
for any injuries, loss, or damages proximately caused by Consultant's breach of this
standard of care. Consultant shall put forth reasonable efforts to complete its duties
in a timely manner. Consultant shall not be responsible for delays caused by factors
beyond its control or that could not be reasonably foreseen at the time of execution
of this Agreement. Consultant shall be responsible for costs or damages arising
from unreasonable delays in the completion of the Work.
8. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents
reasonable access to such of the Consultant's books and records as are pertinent to
the work performed under this Agreement. Any reports, information, data, etc.
given to, or prepared or assembled by, the Consultant under this Agreement which
the City requests to be kept confidential shall not be made available to any individual
or organization without the City's prior written approval. All finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs, andreports
prepared by the Consultant shall become the property of the City upon termination
of this Agreement, but Consultant may retain copies of such documents as records
of the services provided.
Term. The term of the Agreement shall be from through the date of
signature by the parties notwithstanding. This Agreement may be extended upon the
written mutual consent of the parties for such additional period as they deem
appropriate, and upon the terms and conditions as herein stated.
10. Termination. This Agreement may be terminated by the Consultant effective upon
sixty (60) days' written notice delivered to the City at the address written above. The
City may terminate this Agreement effective immediately, upon with notice to the
consultant. Upon termination under this provision, the Consultant shall be paid for
services rendered and reimbursable expenses until the effective date of termination.
If, however the City terminates this Agreement because the Consultant has failed to
perform in accordance with this Agreement, no further payment shall be made to the
Consultant, and the City may retain another consultant to undertake or complete the
Work.
Page 2 of 9 Standard Agreement For Professional Services
11. Independent Consultant. At all times and for all purposes herein, the Consultant
is an independent contractor and not an employee of the City. No statement herein
shall be construed so as to find the Consultant an employee of the City.
12. Non -Discrimination. During the performance of this Agreement, the Consultant
shall not discriminate against any employee or applicant for employment because of
race, color, creed, religion, national origin, sex, marital status, status with regard to
public assistance, disability, or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this
non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Consultant shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work.
13. Assignment. Neither party shall assign this Agreement, nor any interest arising
herein, without the prior written consent of the otherparty.
14. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for in Exhibit A shall be honored by the City.
15. Severability. The provisions of this Agreement are severable. If any portion hereof
is, for any reason, held by a court of competent jurisdiction to be contrary to law,
such decision shall not affect the remaining provisions of this Agreement.
16. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof. Any alterations,
amendments, deletions, or waivers of the provisions of this Agreement shall be valid
only when expressed in writing and duly signed by the parties, unless otherwise
provided herein.
17. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to
the provisions of services to be provided. The Consultant and City, together with
their respective agents and employees, agree to abide by the provisions of the
Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and
Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes,
ordinances, rules and regulations pertaining to the services to be provided shall
constitute a material breach of this Agreement and entitle the City to immediately
terminate this Agreement.
18. Waiver. Any waiver by either party of a breach of any provision of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement.
19. Indemnification. Consultant agrees to defend, indemnify and hold harmless the
City and its officials, employees and agents from any liability, claims, damages, costs,
Page 3 of 9 Standard Agreement For Professional Services
losses judgments, or expenses, including reasonable attorney's fees, resulting directly
or indirectly from a negligent act or omission (including without limitation
professional errors or omissions) of the Consultant, its agents, employees, or
subcontractors in the performance of the services provided by this Agreement and
against all losses by reason of the failure of said Consultant fully to perform, in any
respect, all obligations under this Agreement.
20. Insurance.
A. General Liability. Prior to starting the Work, Consultant shall procure,
maintain and pay for such insurance as will protect against claims for bodily
injury or death, or for damage to property, including loss of use, which may
arise out of operations by Consultant or by any subcontractor or by anyone
employed by any of them or by anyone for whose acts any of them may be
liable. Such insurance shall include, but not be limited to, minimum
coverages and limits of liability specified in this Paragraph, or required by
law. The policy(ies) shall name the City as an additional insured for the
services provided under this Agreement and shall provide that the
Consultant's coverage shall be primary and noncontributory in the event of a
loss.
B. Consultant shall procure and maintain the following minimum insurance
coverages and limits of liability on this Project:
Workers Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive General
Liability $1,500,000 property damage and
bodily injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products — Complete
Operations Aggregate
$100,000 fire legal liability each
occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each
accident (shall include coverage for all
owned, hired and non -owned vehicles.
Page 4 of 9 Standard Agreement For Professional Services
Umbrella or Excess Liability $1,000,000
C. The Comprehensive General/Commercial General Liability policy(ies) shall
be equivalent in coverage to ISO form CG 0001, and shall include the
following:
a. Premises and Operations coverage with no explosions, collapse, or
underground damage exclusion (XCU).
b. Products and Completed Operations coverage. Consultant agrees to
maintain this coverage for a minimum of two (2) years following
completion of its work. Said coverage shall apply to bodily injury and
property damage arising out of the products -completed operations
hazard.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Broad Form CG 0001 0196 Contractual Liability coverage, or its
equivalent.
e. Broad Form Property Damage coverage, including completed
operations, or its equivalent.
£ Additional Insured Endorsement(s), naming the "City of Elk River"
as an Additional Insured, on ISO form CG 20 10 07 04 or such other
endorsement form as is approved by the City.
g. If the Work to be performed is on an attached community, there
shall be no exclusion for attached or condominium pro)ects.
h. "Stop gap" coverage for work in those states where Workers'
Compensation Insurance is provided through a state fund if
Employer's liability coverage is not available.
i. Severability of Insureds provision.
D. Professional Liability Insurance. The Consultant agrees to provide to the
City a certificate evidencing that they have in effect, with an insurance
company in good standing and authorized to do business in Minnesota, a
professional liability insurance policy. Said policy shall insure payment of
damage for legal liability arising out of the performance of professional
services for the City. Said policy shall provide an aggregate limit of
$2,000,000. Said policy shall not name the City as an insured.
Page 5 of 9 Standard Agreement For Professional Services
E. Consultant shall maintain in effect all insurance coverages required under this
Agreement at Consultant's sole expense and with insurance companies
licensed to do business in the state in Minnesota and having a current A.M.
Best rating of no less than A-, unless specifically accepted by City in writing.
In addition to the requirements stated above, the following applies to the
insurance policies required under this Paragraph:
a. All policies, except the Professional Liability Insurance policy, shall
be written on an "occurrence" form ("claims made" and "modified
occurrence" forms are not acceptable);
b. All policies, except the Professional Liability Insurance policy, shall
be applied on a "per project" basis;
c. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall contain a waiver of subrogation naming
"the City of Elk River";
d. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall name "the City of Elk River" as an
additional insured;
e. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall insure the defense and indemnity
obligations assumed by Consultant under this Agreement; and
f All policies shall contain a provision that coverages afforded
thereunder shall not be canceled or non -renewed, nor shall coverage
Emits be reduced by endorsement, without thirty (30) days prior
written notice to the City.
A copy of the Consultant's Certificate of Insurance which evidences
the compliance with this Paragraph 20, must be filed with City prior to
the start of Consultant's Work. Upon request, a copy of the Consultant's
insurance declaration page, Rider and/or Endorsement, as applicable shall be
provided. Such documents evidencing Insurance shall be in a form
acceptable to City and shall provide satisfactory evidence that Consultant has
complied with all insurance requirements. Renewal certificates shall be
provided to City prior to the expiration date of any of the required policies.
City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Consultant of any deficiencies in such documents and
receipt thereof shall not relieve Consultant from, nor be deemed a waiver of,
City's right to enforce the terms of Consultant's obligations hereunder. City
reserves the right to examine any policy provided for under this paragraph.
Page 6 of 9 Standard Agreement For Professional Services
F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to
provide the specified insurance, then Consultant will defend, indemnify and
hold harmless the City, the City's officials, agents and employees from any
loss, claim, liability and expense (including reasonable attorney's fees and
expenses of litigation) to the extent necessary to afford the same protection
as would have been provided by the specified insurance. Except to the
extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event
giving rise to a claim which would have been covered by the specified
insurance) is attributable to the negligent or otherwise wrongful act or
omission (including breach of contract) of Consultant, its subcontractors,
agents, employees, or delegates. Consultant agrees that this indemnity shall
be construed and applied in favor of indemnification. Consultant also agrees
that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all
applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may
require Consultant to:
a. Furnish and pay for a surety bond, satisfactory to the City,
guaranteeing performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity
from Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of
receiving notice from the City.
21. Records Access. The Consultant shall provide the City access to any books,
documents, papers, and records which are directly pertinent to the specific contract,
for the purpose of making audit, examination, excerpts, and transcriptions, for three
years after final payments and all other pending matters related to this contract are
closed.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement ("Information")
shall become the property of the City. The City may use the Information for its
purposes and the Contractor also may use the Information for its purposes. Reuse
of the Information for the purposes of the project contemplated by this Agreement
("Pro)ect") does not relieve any liability on the part of the Contractor, but any reuse
of the Information by the City or the Contractor beyond the scope of the Project is
without liability to the other, and the party reusing the Information agrees to defend
and indemnify the other from any claims or liability resulting therefrom.
Page 7 of 9 Standard Agreement For Professional Services
23. Subcontractor. The Consultant shall not enter into subcontracts for services
provided under this Agreement except as noted in Exhibit A, without the express
written consent of the City. The Consultant shall pay any subcontractor involved in
the performance of this Agreement within the ten (10) days of the Consultant's
receipt of payment by the City for undisputed services provided by the
subcontractor. If the Consultant fails within that time to pay the subcontractor any
undisputed amount for which the Consultant has received payment by the City, the
Consultant shall pay interest to the subcontractor on the unpaid amount at the rate
of 1.5 percent per month or any part of a month. The minimum monthly interest
penalty payment for an unpaid balance of $100 or more is $10. For an unpaid
balance of less than $100, the Consultant shall pay the actual interest penalty due to
the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements,
including attorney's fees, incurred in bringing the action. In addition, no
subcontractor can file alien against the City.
24. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from
or related to this Agreement or the relationships which result from this Agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal
or equitable actions by either party. Unless the parties agree otherwise, the
mediation shall be in accordance with the Commercial Mediation Procedures of the
American Arbitration Association then currently in effect. A request for mediation
shall be filed in writing with the American Arbitration Association and the other
party. No arbitration or legal or equitable action may be instituted for a period of
ninety (90) days from the filing of the request for mediation unless a longer period of
time is provided by agreement of the parties. Cost of mediation shall be shared
equally between the parties. Mediation shall be held in the City of Elk River unless
another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a Mediated Settlement
Agreement, which Agreement shall be enforceable as a settlement in any court
having jurisdiction thereof.
25. Conflicts. No salaried officer or employee of the City and no member of the City
Council of the City shall have a financial interest, direct or indirect, in this
Agreement. The violation of this provision renders the Agreement void. Any
federal regulations and applicable state statutes shall not beviolated.
26. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original.
27. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes all prior communications, understandings and agreements relating to
the subject matter hereof, whether oral orwritten.
Page 8 of 9 Standard Agreement For Professional Services
28. Governing Law. This Agreement shall be controlled by laws of the State of
Minnesota. Executed as of the day and year first written above.
City of Elk River
Mayor
City Clerk
Firm Name
Page 9 of 9 Standard Agreement For Professional Services