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HomeMy WebLinkAbout#8 amercian engineering testing inc 8-24-15.\\i[Ki('\\ � � ^.\Q�[LKUG '[ i `[�1|\(�. .\L �, ;p=!�: /\uL'ux\ 19.201j City o[Lake Elmo C/O Focux[nginecdog,Inc. yOBox 22|h6 Attn: Mr. Ryan 3tenooskLPE RE: Proposal for Construction and Materials Testing Fu0\c Point Boulevard 91n:ct8i Utility \rnprovu/nu\tx Lake Eli -no, Minnesota AET Proposal No, 2O-|3494 CONSULTANTS ' cwvmOwmswTAL ' oE{nEc*w|C^L ^ mA/semLs ' ronewS/cn Dear Mr. Sicrnpoki: Thank you for the opportunity to provide a proposal to perform testing services oil the referenced project. /\nocricon Engineering Testing, Inc., (AET) is pleased to provide this pnnponw| which presents Our anticipated scopcV[scrviccs. Our unit rates, and all cxdrnatcd \oiw\ cost Doperform these services. Project Information -- '—' We understand that [hc City of Lake Bnoo will be performing roadway improvennents to Fuuo Point Boulevard. The project will include u complete reconstruction Of the povenncot and xohgcodc along with improvements to the sanitary snvvcr, wuio�nain and a1nrnn sewer. The City of Lake Eli -no will be performing the field cnoinocring), construction staking and civil services for the project. VVchave reviewed the plans and specifications for the p 'ccL Project Approach Duhn� the construction improvements, AET will provide czp��uccd, Mn/DOT cc�i�ed Engineering Technicians to perform sampling and material testing services in accordance to the project specifications. Scope of Services Based on our review of the available plans and our rxpericooc with the City of Lake C\nnm on yinni!or p oc1;' our anticipated scope of services is oodincd below. These services will be provided on apur 'time` vviU-cuU basis coordinated through authorized City field personnel. 5548 Barthel Industrial Drive NE, Suite 5VV�A\uertv |he, MN 5530 Phone <763142o-5573|ToUFree 0Vu-973-6364 Fax <7Oqo28-5s75 wvmw,aneoSmnt.com A41EEO Au-ust|9,20\j Baulc Point Boulevard /\[l'Proposal No. 20'(3494 Page 2of4 Soils Sampling and Testing Our csiinuu0c of (lie sampling and testing to be performed on the grading and huo: i|crnx is based on the project specifications AET will perfhrno MnDOT laboratory sieve analysis {cxdnu as well as in -place density and Moisture WSting Oil the following materials: * Utility trench hackfiU. * SubmnJcPrepuo4ion • Aggregate Base Bituminous Pavement Sampling and Testing As bituminous paving is being completed, o certified Engineering Technician will obtain companion samples, provided by the contractor, during each day of' paving. Samples will be tested ill our laboratory for the fhUov/in�� * Gyratory dcnx' ,Kiccnpccificgraviiyaud\/MA. • Asphalt extraction and aggregate gradation. After the cornp|etkon of the paving, we will obtain companion core samples, provided by thecontractor, for laboratory testing. This testing will include the following: * The thickness ofeach layer o[the core sample. ° The density oFeacb layer ofthe core sample, * Determination of the perceut o[(3nnm (percent ofmuxinounn specific gravity) for density of each layer o[the core sample. If required., we can also run the &4n/O[]T prngrann to determine random core locations of bituminous based on ionnu�o(lot sizes) and puvrnncntp|occnucnt patterns. This infbnna1ion will be given to 8��| to pass along tothe paving contractor. Concrete Testing During the p|uceonun(nfconcrete Curb and gutter, driveways, and sidewalk, /\5Twill perform field testing cnosisdng ofslump, air content and icnnpmoUuoc of the plastic concrete, followed by caotinonfcy|indcrxfor uurnprcoinotesting. Project specifications require a testing frequency Of one set of plastic property testing per �OO |�oca| (��i ofourb �� gutter as well as one set o[three cylinders be cast for each plastic property 1cxl. The cylinders will he tested at an u�c of days, 28 days, with the third cylinder be held in n:xnrvo for future testing if the 28 day x1ncogth requirement is not nnci in&28day period. Estimated Fees ' Our services will be provided on u unit cost basis according to the unit rates provided in dlc attached Fee Schedule. Our invoices will be determined by Multiplying the number ofpersonnel hOLlrS ortests 6vtheir respective unit rates. August 19, 2015 Eagle Point Boulevard AET Proposal No. 20-13494 Page 3 of 4 We have estimated a "minimum required estimate" which estimates the tests needed to satisfy the requirements as defined in the MnDOT Schedule of Material Control. The "likely needed estimate" is the cost that we anticipate will be required to complete the previously described testing services, based on our experience and assumed scheduling of the project. Therefore. we propose a budget cost estimate using the "likely needed" estimate of $16,186.00 for the scope of services outlined in this proposal. We refer you to the attached Materials Testing Estimate as reference to how we arrived at this estimated cost for the roadway. We caution that this is only an estimated cost. Often, variations in the overall cost of the services occur due to reasons beyond our control, such as weather delays, changes in the contractor's schedule, unforeseen conditions or retesting. These variations will affect the actual invoice totals, either increasing or decreasing our total costs for the project from those estimated in this proposal. If more time or tests are required, additional fees may be needed to complete the project testing services. If less time or tests are needed, a cost savings will be realized. 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 We are submitting this proposal for acceptance. When it is accepted, we ask that a copy be signed by an authorized representative of the party responsible for payment for these services, and that this copy be returned to us as authorization to proceed. We have enclosed with this proposal a copy of the "Service Agreement." The terms contained in the "Service Agreement" are incorporated herein and are an integral part of this contract for professional engineering services. Acceptance of this proposal by the authorized signature, verbal authorization to proceed, or issuance of a purchase order, indicates that you understand and accept the terms and conditions contained in this proposal, including the "Services Agreement". August 19, 2015 Eagle Point Boulevard AL T Proposal No. 20-13494 Page 4 of 4 GeneralRemarks 11 you have any questions regarding 's proposal, or if we can be of further assistance, please call me at (612) 685-6571 or Doug. Trangsrud at (612) 790-7940 Sincerely, American Engineering Testing, Inc. Brian F. F. Arman Senior Project Manager harmaivc'vamengtest.com (612) 685-6571 Attachments: Fee Schedule Tabulation PROPOSAL ACCEPTED BY: Signature: Printed Name: Company: Date: ANIElilEAN ENGINETRISG • TESTING. INC, Materials Testing Estimate for Eagle Point Boulevard Street & Utility Improvements Lake Elmo, MN Units Qty. Trips lits Material Colvin.) Cssbaskment 2 4 Stfucti,re iressnestics Ft 1 061 8 16 Sishgrade Prs,p. DIA 35 I 4 8 1 CD)ading Malecal -Ss:4(st Grans:as Diot row ICU Ye 12 COO 1 2 4 8 greggia Bo... Cass V C11.1 'ID 9 580 8 18 6 15 EL:1,111f101. Testing - SP VilF)NiA,' Tom Toss 3 650 2 4 ,ossrcle. CUYD 400" 5 15 40 88 `Fielat.ve Mo 'slur e Test included si Reralice Desist), If 1)Ci2eas Gauge option s se:ected Time and Mileage Cm: Rate )S1 Minimum Quaricty 59,:400e 5144 0 75 1,100 AnDOT Certified Dechnimari Tlme kr aa 00 80 fiCscest Mammemem I-ir 131.03 8 Minimum 'Estimated EsmaLe prepared by Bnan Arman Total Cost Estimate = 12,858.00 Agency Testing Freq, 1 # of Tests 'Cost per testi Cost (5) Minimum Likely ($1 I Minimum Likely Mo.sturci Density 1 pec soti type (Proctor} , 3 175 GO I 125 OD 375 03 Re,ative DUISAtY 11250 inai feei of structure it,14Cco 12 15 25 CO 3110 CO 375.03 Re:atbse Maistum Iller oro:ec1 °Wagers,— 15 OC C 00 0 00 •Subgr,age Pmp - 1/25 •Sta 2 25 OC 50 OD 1C5OD Sand Cone 1..n,0,, Re3,,e$t1 :7 CO 130881.04 ir2q000cu YE) DCP 112,000 Cti YO !included m houriy., sate) Clcoleas DeNs,t). SOUOC Testiso (Upon Remsecil Cs:Wallas p)sr 1.10) to 5.500 CU YD1 Percent Crush:T.4p pe) source ifiRcre.ciat Oual,ty Test ;2 per source) telaCc'e Mmstom 11:,:erproiect cata.011,' DCP 1/5C0 CD YO {included in hourly tale) MrirDat Gyratory 510 Properties {1 testicavinux type1 MntOst Marshall Mix Pmpedies ;1/1000 ton or 1/dayi Companion Core Dsmscy estirnate 11800 MN Cysrder Melds 1.3 Cyl cer 100 CU Yql Testsig 0178100380840101011 set cif 3 ovisi 100 CU YO1 Testsiq of hardened 000011114 CY,,saess Cssiirces Pisicisn Istim Job Site Likely 31187140, .5[,0 95 16 Subtotal Likely 16,186.00 8 2 Is 2 12 12 4 21 2 a 18 18 Minimum Cgs; Lasel'e COSI 825 00 1.125 00 6,640 00 7.8E5 DO 1,048 00 2,056 OD 8,513.00 11.106,00 GC, DO 1 90 DO 25 00 C,G 00 165 00 445.00 15 '6'0 515 00 365 00 45 00 3 30 22_00 60 03 Subtotal 720 03 330 00 890 00 0 00 1030.30 0 30 270 00 36 60 264.00 240 00 4,345.00 1 90 CO I 720 00 j 320 CD I e90 0.3 o oo I 1033,00 0.00 3E0 DO .4-0a 1 396 OD j 360 CO I sumac' CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 1 of 5 SECTION RESPONSIBILITIES 1.1—This Service Agreement —Terms and Conditions ("terms and conditions") is applicable to all Services provided by American Engineering Testing, Inc. (AET), As used herein "Services" refer to the scope of Services described in the proposal submitted by AET to Client. The proposal, these terms and conditions and any appendices attached hereto shall comprise the Agreement between AET and Client for Services described in the proposal and are binding upon the Client, its successors, assignees, jointvontu/es and third -party beneficiaries. AET requests written acceptance of the Agreement, but the following actions shall also constitute Client's acceptance of the Agreement: l) issuing an authorizing purchase 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. ].2�'Prior tnAET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and property owner, site safety plans or other documents which may control or affectAET's Services. if new information becomes available or changes are made during AET's Services, Client will provide such information tuAET in a timely manner. Earthwork and construction activities are done tosupport 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 urconstruction activities completed may no longer provide suitable structural support or be capable of supporting the intended construction. Additional earthwork or redesign of all o, a part of the structure orfacility may beneeded. 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 du 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 after the requirements of the project documents. Any authority given to AET by Client must be in writing prior tothe start ofServices. 1.5-AET does not perform construction management, genera{ contracting or surveying services and our involvement with the project does not constitute any assumption ofthose responsibilities. 1.6 Services performed byAET often include sampling at specific locations. Client acknowledges the limitations inherent in samp|ing. Variations in conditions occur between and beyond sampled/tested locations. The passage of time, natural occurrences and direct orindirect human activities at the site nrdistant 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 he 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 toexplore the deeper unseen soil and ground water conditions. Judgments made byAET 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. xETs 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 tothe Agreement oruse 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 dace of such amendment. The proposal and these terms and condidons, 'including terms ofpayment, shall apply to all Services performed prior tothe effective date o(such amendment. 1.11—The AET proposal accompanying these terms and conditions is valid for sixty (60) days after the proposal issuance date to the Client. Any attempt to authorize Services after the expiration date is subject toAET's right to revise the proposal as necessary. SECTION Z'WILL CALL SERVICES 2.1 ' |fAE7s Services are performed on a will -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 a will -call bads, including without limitation, the inability to completely evaluate, document m,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. CONSTRUCTION SERVICE AGREEMENT - TERMS AND CONDITIONS Page 2 of 5 2.2 ' Density tests of OU rdb represent conditions only at the locations and elevations tested and do not necessarily represent conditions laterally or below. AFT can only provide judgments regarding the engineered hU 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 minimurn of 24 hours notice of the need for Services. AET will not be liable for claims, damages, or delays related tofailure ofClient toprovide adequate advance notice nnAET. SECTION 3'SITE ACCESS, UNDERGROUND FACILITIES AND CONSTRUCTION STAKING 3.1'Client will furnish A[Tsafe and legal site access, 3.2-AETis not responsible for locating underground facilities on construction sites, Client shall ensure that underground facilities have been previously located and cleared. AETwiU not be responsible for any damages tounderground facilities not located or incorrectly identified. An underground facility is an underground fine, fixture, system, and its appurtenances used to produce store, convey' transmit, or distribute oonnmunications, data, power, heat, gas' oil, petroleum products, water including storm water, steam, sewage, and similar substances. ].s The location and elevation of proposed structure orfacility is staked (with offsets) and controlled bysurveying or GPS equipment by others. AB`s measurements are made in relation to that information, The reliability of any opinions, cundusipn,, and recommendations based on those measurements is strictly dependent on the accuracy of the staking or GP5 information provided byothers. 3.4 During construction, observations and testing Services are based on the positioning ofthe formwork by the contractor or its subcontractor. AETwiU not he responsible for any errors or damages resulting from improper location or positioning of the SECTION o-SAFETY 4.1 Client shall inform AETofany known or suspected hazardous materials orunsafe conditions atthe site. Client or its authorized epresentative(s)isresponsible for the safety ofthe jobsite.If, during the course nfAET's Services, such materials or conditions are discovered, AETreserves the right tntake measures to protect AETpersonnel and equipment or\oimmediately terminate Services. Client shall be responsible for payment of such additional protection costs. 4.2 AETshaU only be responsible for safety ofAETemployees at the site; the safety of all others shall be Client's or other persons' responsibility. SECTION 5'SAMPLES 5.1 Client shall inform AETofany known or suspected hazardous materials prior to submittal toAE[ All samples obtained by or submitted toAETremain the property of the Client during and after the Services. Any known or suspected hazardous material samples will bereturned tothe Client atAE7sdiscretion, 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 AETstore or ship the samples. Storage and shipping costs shall be borne solely by SECTION 6'PROJECT RECORDS The original project records prepared by AETviU remain the property ofAEr AETshaU retain these original records for a minimum of three years following submission of the report, during which period the project records can be made available to Client atAETsoffice at reasonable times. SECTION 7'STANDARD O;CARE AFT performs its Services consistent with the level nfcare and skill normally performed byother firms inthe profession etthe time nfthis service and inthis geographic area, under similar budgetary constraints. SECTION 8'INSURANCE AET maintains insurance with coverage and limits shown below, AET will furnish certificates of insurance to Client upon request. CONSTRUCTION SERVICE AGREEMENT ' TERMS AND CONDITIONS Page 3ofs 8.1 — AET maintains the following insurance coverage and limits of liability: Workers' Compensation Employer's Liability Statutory Limits $l00,OOOeach accident $50lO0Vdisease policy limit $l0l000disease each employee Commercial General Liability $1,O0O,0OUeach occurrence $1'000,000aggogate Automobile Liability $1,000,000 each accident Professional Liability Insurance $l,0OU000per claim $1,000,000 aggregate 8.2 'Cononnenja| General Liability insurance will include coverage for Pnoducts/Completad Operations extending one (l)year after final acceptance of the Project by Owner, Property Damage including Completed Operations, Personal Injury, and Contractual Liability insurance applicable tnAETsindemnity obligations under this Agreement. 8.3 Automobile Liability insurance shall include coverage for all owned, hired and non -owned automobiles. 8.4 Professional UaW|dy Insurance is written on n claims -made basis and coverage will be maintained for one (l)year after final acceptance nfthe Project byOwner. Renewal policies during this period shall maintain the same retroactive date. 8.5 To the extent permitted by applicable state law, and only upon Client's signing of the proposal and return of the same to 4ET, Client and Owner shall he named an "additional insured" onAB`s Commercial General Uahi|bY Policy (Form CG Q4 1404 08'which includes blanket coverage for Prod ucts/[nnnp\eted Operations and on a Primary and Non -Contributory basis) and Automobile Liability Policy, Client and Owner shall be extended ''waiverofsubrogation" status for applicable coverages. Any other endorsement, coverage nrpolicy requirement shall result inadditional charges. 8.6 AET,iU maintain in effect all insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available, with insurance carriers licensed uodobusiness inthe state inwhich the project is located and having cu,ent4-yN. Best rating ofno less than Arninus (4.). 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 pmpcoa|' e.8, coverage limits or policy modification including waiver ofsubrogation, additional insured endorsements and other project specific requirements. SECTION 9'DELAYS If delays to AET's Services are caused by Client or Owner, work of others, strikes' natural causes, weather, or other items beyond AET's control, a reasonable time extension for performance of Services shall be granted' and AETshaU receive on equitable fee adjustment. SECTION 10'PAYMENT, INTEREST AND BREACH 10.1 Invoices are due net thirty (3O) days, Client will inform 4ETofinvoice questions ordisagreements within fifteen <15>days ofinvoice date; unless sninformed, invoices are deemed correct, 1O.Z—Client agrees tu pay interest on unpaid invoice balances at rate of one and a half percent (1.5%) per month, or the maximum allowed by law, whichever bless, beginning thirty (30) days after invoice date. 18.3—Invoices remaining unpaid for sixty (60 days shall constitute a material breach ofthis Agreement, permittingAE[ 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, AETmay withhold from Client data and reports in AB`s possession. If Client fails to cure such breach, all reports associated with the unpaid invoices shall immediately upon demand bereturned toAETand Client may neither use nor rely upon such reports orthe Services. 10.4 Client will pay all AET expenses and attorney fees relating to collection of past due invoices. SECTION zz'MEDIATION 11.1 ' 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 mfmechanic's lien rights and foreclosure nfthe 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 asacondition precedent toarbitration orthe institution oflegal nrequitable proceedings by either party; provided however that ifeither party fails to respond to a request for mediation within sixty (60) days, the party requesting mediation may without further notice, proceed to arbitration o/the institution of legal or equitable proceedings, CONSTRUCTION SERVICE AGREEMENT ' TERMS AND CONDITIONS Page «/fs 11.2 Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall beinwriting and the parties shall share the mediator's fee and any filing fees equally. The mediator shall beacceptable nuboth parties and shall have experience in commercial construction matters. SECTION zZ-LITIGATION REIMBURSEMENT Excepthrrmatteere|adnAtonon'paymentn/fecs.whichisgnvemedhy5ectionIO.4hereotpaymentnfattomey'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'sfavor, shall be paid by the non -prevailing party, Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and AET costs. SECTION z3'MUTUAL INDEMNIFICATION 13.1 Subject tpthe limitations contained inSections l4and l5,4ETagrees toindemnify Client from and against damages and costs to the extent caused by AET's intentional acts or negligent performance of the Services. 13.2 Client agrees to indemnify AETfrom and against damages and costs tuthe extent caused bythe intentional acts or negligence of the Client, Owner, Client's contractors and subcontractors or other third parties. 13.3 If Client has an indemnity agreement with other persons or entities e|abnQ to the project for which A[7s Services are performed, the Client shall include AETasabeneficiary. 13.4'AET's indemnification to the Client, including any indemnity required or implied by |uv^ is limited solely to losses or damages caused by its failure to meet the standard of care and only to the extent of its negligence or intentional acts. SECTION »+ WAIVER OrCONSEQUENTIAL DAMAGES NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TnTHE OTHER FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES INCURRED EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS FORESEEABLE. CONSEQUENTIAL DAMAGES INCLUDE, BUT ARE NOT LIMITED TO LOSS OF USE AND LOSS OFINCOME ORPROFIT. SECTION z5'LIMITATION OFLIABILITY Client agrees tolimit AET'sliability toClient resulting from 4[T'snegligent acts, errors oromissions, such that the total liability of AcTshall not exceed $50,000. SECTION 16—UNIONIZATION AETreserves the right to negotiate an appropriate fee increase or to terminate its contract on three (3) days written notice to Client without incurring penalties or costs from Client, Owner and their successors, assignees, join t-ven tu rers, 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 z7'POSTING OpNOTICES 0«EMPLOYEE RIGHTS Effective June 21, 2010, prime contracts with ava/ue of$1Oq0O0nrmore and signed by federal contractors on projects with any agency of the united States government must comply with Zg [FR Part47I' which requires physical posting ofa notice to employees of their rights under Federal labor laws. The required notice may be found at 29 Code of Federal Reaulations Part 471, Amoendix A to Subpart A. The regulation also has a "flow -down" requirement for subcontractors under the prime agreement for subcontracts with a value of$l0,O00 or more. 4ET/equi/es strict compliance o[its subcontractors working on federal contracts subject tnthis regulation. The regulation has specific requirements for location ofposting and language(s) for the poster, SECTION zD'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 19'SEVERA8|WTY Any provisions of this Agreement later held to violate a law or regulation shall he deemed void' and all remaining provisions shall continue inforce, 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 ZO'GOVERNING LAW This Agreement shall he construed in accordance with the Laws of the State of Minnesota without regard to its conflicts of law pmvidons. Acs4vsc(uxlo) mmcxIComENGINEERING TESTING, INC. CONSTRUCTION SERVICE AGREEMENT ' TERMS AND CONDITIONS Page so/5 SECTION Z1'ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client. Regardless ofmethod of acceptance nfthis 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 ufAET'saccrued Services.