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CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 4
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<br />ACS 403C (01/25) AMERICAN ENGINEERING TESTING, INC.
<br />SECTION 1 - RESPONSIBILITIES
<br />1.1 – This Service Agreement – Terms and Conditions (“terms and conditions”) is applicable to all services ("Services") provided by American Engineering
<br />Testing, Inc. (AET). As used herein “Services” refer to the scope of Services described in the proposal submitted by AET to C lient. The proposal, these
<br />terms and conditions and any appendices attached hereto shall comprise the agreement ("Agreement") between AET and Client for Services described in
<br />the proposal and are binding upon the Client, its successors, assignees, joint ventures and third-party beneficiaries. AET requests written acceptance of
<br />the Agreement, but the following actions shall also constitute Client’s acceptance of the Agreement: 1) issuing an authorizing purchase order , task
<br />order, service order, or any other documentation for any of the Services, 2) authorizing AET’s presence on site, or 3) written or electronic notification
<br />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
<br />conditions will not take precedence or modify the terms and conditions contained in this Service Agreement AND THE TERMS AND CONDITIONS OF
<br />THIS SERVICE AGREEMENT AND ANY CORRESPONDING PROPOSAL ISSUED BY AET SHALL GOVERN UNLESS AUTHORIZED IN WRITING IN
<br />ADVANCE BY AET.
<br />1.2 - Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the
<br />Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and
<br />their client and/or Owner which contain flow-down provisions to AET, if they are included, site safety plans or other documents which may control or
<br />affect AET's Services. If new information becomes available or changes are made during AET's Services, Client will provide such information to AET in a
<br />timely manner. Failure of Client to timely notify AET of changes to the project including, but not limited to, location, elev ation, loading, or configuration
<br />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
<br />questions by AET.
<br />1.3 - AET observes and tests earthwork and other construction operations and materials, and may provide opinions, conclusions and r ecommendations
<br />regarding the same. However, AET’s Services do not relieve the contractors of their contractual responsibility to perform their work in accordance with
<br />approved plans, specifications and building code requirements.
<br />1.4 - AET personnel do not have authority to accept, reject, direct or otherwise approve the work of the contractor. AET cannot sto p work or waive or
<br />alter the requirements of the project documents. Any authority given to AET by Client must be in writing prior to the start of Services.
<br />1.5 - AET does not perform construction management, general contracting or surveying services and our involvement with the project does not constitute
<br />any assumption of those responsibilities.
<br />1.6 - Services performed by AET often include sampling at specific locations. Client acknowledges the limitations inherent in sampl ing. Variations in
<br />conditions occur between and beyond sampled/tested locations. The passage of time, natural occurrences and d irect or indirect human activities at the
<br />site or distant from it may alter the actual conditions. Client assumes all risks associated with such variations.
<br />1.7 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons.
<br />1.8 - Should change in conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation.
<br />1.9 - Test borings and/or cone penetration test soundings to a proper depth below foundation grade and the base of suitable bearing soils are
<br />recommended to explore the deeper unseen soil and ground water conditions. Judgments made by AET personnel regarding the suitability of materials
<br />and ground water conditions below the bottom of an excavation are limited if sufficiently deep test borings/soundings are not provided by the Client
<br />prior to our observations and judgments. AET’s opinions, conclusions and recommendations are qualified to that extent.
<br />1.10 – Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client requests modifications to the
<br />Agreement or use of Client’s alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only
<br />to Services performed after the effective date of such amendment. The proposal and these terms and conditions, including term s of payment, shall apply
<br />to all Services performed prior to the effective date of such amendment.
<br />1.11 – The AET proposal accompanying these terms and conditions is valid for thirty (30) days after the proposal issuance date to the Client. Any attempt
<br />to authorize Services after the expiration date is subject to AET’s right to revise the proposal as necessary.
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<br />SECTION 2 – ON CALL SERVICES
<br />2.1 - If AET’s Services are performed on an on-call basis at the direction of the Client or its authorized representatives, Client acknowledges the inherent
<br />limitations associated with performing engineering judgments and testing Services on a n on-call basis, including without limitation, the inability to
<br />completely evaluate, document or judge work and conditions not directly observed or tested by AET. AET’s opinions, conclusions, and recommendations
<br />are qualified to the extent of those limitations.
<br />2.2 - Density tests of fill soils represent conditions only at the locations and elevations tested and do not necessarily represent conditions laterally, above
<br />or below. AET can only provide judgments regarding the engineered fill system to adequately support the design construction loadings by monitoring the
<br />filling process on a continuous basis for consistency of soil type, moisture content, lift thickness, a nd compaction effort.
<br />2.3 – AET requires a minimum of 24 hours’ notice of the need for Services. AET will not be liable for claims, damages, or delays related to failure of Client
<br />to provide adequate advance notice to AET.
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<br />SECTION 3 - SITE ACCESS, UNDERGROUND FACILITIES AND CONSTRUCTION STAKING
<br />3.1 - Client will furnish AET safe and legal site access.
<br />3.2 – With the exception of public utilities which AET will contact state “call before you dig” notification centers (e.g. Gopher State One call in Minnesota),
<br />Client will mark or cause to be marked the location of all other underground utilities and structures (Facilities) that service or are located on the site. AET
<br />shall be entitled to rely upon the accuracy of all location information supplied by any source.
<br />3.3 – Client shall hold harmless, indemnify and defend AET from all claims, damages, losses, fines, penalties and expenses (including attorney’s fees)
<br />arising out of or related to the following: a) Facilities that are not shown or vary from the locations shown on any plans or drawings, b) Facilities that are
<br />not located by or vary from the locations marked by Client, governmental or quasi-governmental locator programs, or private utility locating services, or
<br />c) any other Facilities that are not disclosed or vary from locations provided by the Client. The obligation to defend AET shall be independent of the
<br />obligation to indemnify and hold harmless AET and shall be with independent counsel acceptable to AET.
<br />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.
<br />AET’s measurements are made in relation to that information. The reliability of any opinions, conclusions, and recommendation s based on those
<br />measurements is strictly dependent on the accuracy of the staking or GPS information provided by others.
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