2014-529-E Planning - Terracon Consultants, Inc. for CMT $3,000

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DocuSign Envelope ID: EA0622FB-3DD4-44A5-954F-65E0383F6927 Reference Number:P70140419 AUTHORIZATION TO PROCEED CONSTRUCTION MATERIALS ENGINEERING AND TESTING SERVICES This AUTHORIZATION TO PROCEED ("Authorization") is between Orange County Planning and Inspections Department ("Client") and Terracon Consultants,Inc.("Consultant")for Services to be provided by Consultant for Client on the Morinaga Infrastructure Project. Scope of Services. The scope of Consultant's services is set forth below ('Services"). If frequency of testing is not specified below, it shall be as- requested by Client;Scheduling will be done by Client or contractor if Client so designates. Consultant will not be responsible for tests not performed due to a failure to schedule Consultant's services or any resulting effect on construction. We anticipate providing the requested construction materials observation and testing services for this project on an"on-call"basis. Additionally,we request a 24-hour notice to schedule our services. Earthwork related services will include the following: ■ Perform laboratory moisture-density relationship,grain size analysis and Atterberg Limits on proposed fill soils;and, ■ Perform density testing on native and fill soils and stone to determine the moisture content and percent compaction of the soil material. Asphalt Observation service could include the following: IN Perform coring of asphalt pavements to confirm in-place density and thickness. Compensation. Unless different rates are specified below,all charges will be billed on a time and materials basis pursuant to Consultant's Standard Fee Schedule. The construction schedule,weather conditions,construction workmanship,etc.will detennine the actual cost of Consultant's Services. If the actual quantities exceed any estimated quantities at the request of the Client or its designated contractor,additional fees will be billed in accordance with the fee schedule below. The above services will be provided under an as-requested basis. Based on the scope of services, we estimate a cost of approximately $3,000.00 for the quantity of rates illustrated herein. TERMS AND CONDITIONS 1. Testing and Observations. Client understands that testing, inspection, and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths,locations,and times the procedures were performed.Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client agrees to the level or amount of testing performed and the associated risk. Client is responsible(even if delegated to contractor)for notifying and scheduling Consultant so Consultant can perform these Services.Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents,and Consultant's performance of testing, inspection, and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered In its work,or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. 2. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. By signing this Authorization or ordering the commencement of Services you are affirming that you are authorized to bind Client to the Terms and Conditions of this Authorization and have read and accepted the Terms and Conditions, including restrictions and limitations,as set forth on this page and the subsequent page of Additional Terms and Conditions. Consultant: Terracon Consultants,Inc. Client: Orange County Planning and spections D rtme By: Date: 913/2014 By: ate: Namerritle: TaOl1I11C r/Department Manager 1116 NamelTtle: H rd Flemi / r Ce/j n Address: 2401 Brentwood Rd.Suite 107 Address: P.O.Box 8181 Raleigh,NC 27604 Hisaborough,NC 27278 Phone: (919)873-2211 Fax: (919)873-9555 Phone: (919)248-2586 Fax: Email: dbcarverM*rracon.aom Email: hfleming@orangecountync.goy Page 1 of 2 Rev.3-14