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SECTION 1 - RESPONSIBILITIES
<br />1_1—This Service Agreement — Terms and Conditions ("terms and conditions") is applicable to all services ("Services") provided by American Engineering
<br />Testing, Inc. (AET). As used herein "Services" refer to the scope of Services described in the proposal submitted by AET to Client. The proposal, these
<br />terms and conditions and any appendices attached hereto shall comprise the agreement ("Agreement") between AET and Client for Services described in
<br />the proposal and are binding upon the Client, its successors, assignees, joint ventures and third -party beneficiaries. AET reauests written acceptance of
<br />the Agreement. but the following actions shall also constitute Client's acceptance of the Agreement: 11 issuing an authorizing purchase order. task
<br />order. service order. or anv other documentation for anv of the Services. 21 authorizing AET's presence on site. or 31 written or electronic notification
<br />for AET to proceed with anv 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, elevation, 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 recommendations
<br />regarding the same. However, AET's Services do not relieve the contractors of their contractual responsibility to perform their work in accordance with
<br />approved plans, specifications and building code requirements.
<br />1.4 - AET personnel do not have authority to accept, reject, direct or otherwise approve the work of the contractor. AET cannot stop work or waive or
<br />alter the requirements of the project documents. Any authority given to AET by Client must be in writing prior to the start of Services.
<br />1.5 - AET does not perform construction management, general contracting or surveying services and our involvement with the project does not constitute
<br />any assumption of those responsibilities.
<br />1.6 - Services performed by AET often include sampling at specific locations. Client acknowledges the limitations inherent in sampling. Variations in
<br />conditions occur between and beyond sampled/tested locations. The passage of time, natural occurrences and direct or indirect human activities at the
<br />site or distant from it may alter the actual conditions. Client assumes all risks associated with such variations.
<br />1.7 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons.
<br />1.8 - Should change in conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation.
<br />1.9 - Test borings and/or cone penetration test soundings to a proper depth below foundation grade and the base of suitable bearing soils are
<br />recommended 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. AEI'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 terms of payment, shall apply
<br />to all Services performed prior to the effective date of such amendment.
<br />1.11—The AET proposal accompanying these terms and conditions is valid for 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.
<br />SECTION 2 — ON CALL SERVICES
<br />2.1 - If AEI's Services are performed on an on -call basis at the direction of the Client or its authorized representatives, Client acknowledges the inherent
<br />limitations associated with performing engineering judgments and testing Services on an on -call basis, including without limitation, the inability to
<br />completely evaluate, document or judge work and conditions not directly observed or tested by AET. AET's opinions, conclusions, and recommendations
<br />are qualified to the extent of those limitations.
<br />2.2 - Density tests of fill soils represent conditions only at the locations and elevations tested and do not necessarily represent conditions laterally, 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, and compaction effort.
<br />2.3 — AET requires a minimum of 24 hours' notice of the need for Services. AET will not be liable for claims, damages, or delays related to failure of Client
<br />to provide adequate advance notice to AET.
<br />SECTION 3 - SAFETY
<br />3.1 - Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. Client or its authorized representative(s) is
<br />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
<br />measures to protect AET personnel and equipment or to immediately terminate Services. Client shall be responsible for payment of such additional
<br />protection costs.
<br />3.2 - 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.
<br />SECTION 4 - SAMPLES
<br />4_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
<br />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
<br />discretion.
<br />ACS 403C (01/26) AMERICAN ENGINEERING TESTING, INC.
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