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2018-154-E AMS - Terracon Sportsplex Fieldhouse testing
DocuSign Envelope ID: C28BF39E-EOF1-42FB-9F5B-93F375B7013B [Departmental Use Only] TITLE Splex FH Testing FY 2017 -18 NORTH CAROLINA SERVICES AGREEMENT UNDER $90,000.00 NO RFP /RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement "), made and entered into this 16th day of March, 2018, ( "Effective Date ") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County ") and Terracon Consultants, Inc., (hereinafter, the "Provider "). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Materials testing for the Sportsplex Field House Addition per Terracon Proposal: P70171288 dated February 20, 2018. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Revised 10/17 DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B quality, accuracy and timely completion and /or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of any proposal. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Terracon Proposal: P70171288 dated February 20, 2018. 4. Duration of Services a. Term. The term of this Agreement shall be from March 16, 2018 to July 1, 2018. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional Revised 10/17 2 DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be March 16, 2018. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement. The maximum amount payable for Basic Services shall not exceed Twenty Eight Thousand Seven Hundred Sixty -Eight Dollars and Eighty -Eight Cents Dollars ($28,768.88). Payment for Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Angel Barnes) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and /or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http: / /www.orangecountync.gov /departments /purchasing division /contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. Revised 10/17 3 DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B 8. Indemnity a. Indemnity. The Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Revised 10/17 4 DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147 - 86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147 - 86.81. c. Non - Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non - discrimination laws, policies, rules, and regulations and the Orange County Non - Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http: / /www.oran eg countync. ov�/departments /purchasing division/contracts.php.) Any violation of the Orange County Non - Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non - performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. Revised 10/17 5 DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non - Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non - appropriation of public funds. It is expressly agreed that County shall not activate this non - appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and /or mandated functions, by state and /or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Si atures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Attention:Angel Barnes P.O. Box 8181 Hillsborough, NC 27278 [SIGNATURE PAGE TO FOLLOW] Revised 10/17 6 Provider's Name Terracon 2401 Brentwood Rd, St 107 Raleigh, NC 27604 DocuSign Envelope ID: C28BF39E-EOF1-42FB-9F5B-93F375B7013B IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: M. �e County Manager Revised 10/17 5/11/2018 7 PROVIDER: By. P� , 3/30/2018 Ryan Pratt, Assistant Project Manger Printed Name and Title DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B Irerracon February 20th', 2018 Mr. Jeff Thompson Asset Management Services Director Orange County Government 131 W. Margaret Lane, PO Box 8181 Hillsborough, North Carolina 27278 Attn: Mr. Jeff Thompson P: (919) 245 2658 E: Jethomas @Co.Orange.nc.us Re: Proposal for Construction and Materials Testing Services Sportsplex Field House 101 Meadowlands Drive Hillsborough, North Carolina 27278 Terracon Proposal No. 70171288 Dear Mr. Jeff Thompson: Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to provide construction and material testing services for the above- referenced project. This proposal was prepared at your request. This proposal outlines our anticipated scope of services and our unit rate fee schedule for completing anticipated services. A. PROJECT INFORMATION Terracon understands that a single story building will be constructed. The building is approximate 22,400- square foot building with adjoining paved parking areas and outdoor athletic field on a 2.57 Acre Site. The structure will be of masonry and steel frame construction supported on a reinforced concrete foundation system and concrete slab -on -grade floor. ECS previously performed a geotechnical exploration of the site, the following report was issued: 21 Report of Preliminary Subsurface Exploration and Geotechnical Engineering Analysis, US 70A & Meadowland Drive Hillsborough, North Carolina ECS project Number 06:20736, Dated August 23, 2013 Terracon has received a construction schedule dated 711312017; in addition, the following has been supplied with the following documents in preparation of this proposal: CRA — Architectural Plans dated 612312017 t0C Sportsplex 014533- Special Inspections 3400 Site Package Specs CRA- Sportsplex Bid Civil Set 711212017 Terracon assumes the foundations will be column and spread with a design contact pressure of 3,000 psf. We assume less than 5 feet of cut/fill will be necessary to achieve the proposed grade in the building and pavement areas. In addition, Geotechnical conditions on the project site can be generalized as moist, stiff silts and clays (MLfMH). Terracon Consultants Inc., 2401 Brentwood Road, Suite 107, Raleigh, North Carolina 27604 [919] 873 -2211 F [919] 873 -9555 DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B Proposal for Construction and Materials Testing Services Irerracan Sportsplex Field House a 101 Meadowlands drive Hillsborough, NC 27278 February 20th, 2018 a Terracon Proposal No. 70171288 B. SCOPE OF SERVICES The services to be provided by Terracon are summarized in the following paragraphs. 1. Earthwork and Site Preparation: Observe subgrade conditions and proofrolling of subgrades in initial fill areas prior to beginning fill placement. Observe and test structural fill placement and perform field density and moisture content testing during fill placement and during utility backfilling in the proposed building area. Field density (compaction) tests will generally be performed at approximate: 0 1 -foot or less of vertical intervals and for every 5,000 sf in the building area. c 1 -foot or less of vertical intervals and for every 10,000 sf in the paved areas. 71 Perform laboratory moisture- density relationship, grain size analysis and Atterberg Limits on proposed fill soils. .1 Perform laboratory testing of proposed fill soils to determine their dry density versus moisture content relationship in general accordance with the standard Proctor test method. A Senior Engineer or Project Manager will attend necessary meetings, when requested, and be available to visit the site during site work activities to provide technical support at critical stages and/or to address problems that may arise. A Project Engineer will coordinate our personnel and review daily reports prior to final Issue. It is important to note that the natural geology within portions of the site has been modified in the past by grading that included the placement of fill materials The quality of man -made fills can vary significantly, and it is often difficult to assess the engineering ro erties of existing fill. Based on the Geotechnical Engineering Report by ECS, dated 8/23/2013, after site stripping, its recommend to have a representative of the geotechnical engineer observe a Proofroll of the site with a loaded dump truck, having an axle weight of at least 10 tons or similar rubber -tired construction equipment after suitable period of dry weather to avoid degrading an otherwise acceptable subgrade. Areas exhibiting rutting or deflection should be repaired as recommended by the geo engineer. Repairs typically consist of over- excavating soft and unsuitable soils followed by replacement with compacted engineer fill. Some over - excavation and replacement may be required following proofrolling operations. Highly plastic silts were encountered in Boring B -3 to a depth of 3 feet below the existing grade. This soil may require moisture adjustments, localized undercutting and replacement or other appropriate remedial activities if they exist at the finished elevation due to potential shrink/swell. It is desirable to maintain at least 2 to 3 feet of separation between the bottom of foundations, slabs and pavement sections and these soils to help reduce the potential for premature distress of as -built construction Responsive a Resourceful a Reliable 2 DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B Proposal for Construction and Materials Testing Services 1rerracon Sportsplex Field House s 101 Meadowlands Drive Hillsborough, NC 27278 February 20th, 2018 ■ Terracon Proposal No. 70171288 as a result of volumetric changes in the soil due to variations in moisture content. Additional exploration of these soils should be considered prior to construction. A When prepared as described, we anticipate the site will be suitable for support of the proposed structure on shallow foundations. Shallow foundations can be either isolated column and wall footings or thickened sections of a monolithic slab with a net allowable bearing pressure of 3,000psf. 2. Foundations & Reinforcing Steel Observations and Testing: -1 Observe footing excavations relative to size, depth, and presence of unsuitable soils. Perform Dynamic Cone Penetrometer (DCP) testing at individual shallow spread column foundations and at 50 foot intervals along continuous shallow spread wall foundations. Manually advance a steel probe between DCP intervals to determine if additional DCP testing is necessary. Provide recommendations for conditions which do not meet the requirements of the geotechnical report and project specifications. -1 Observe the reinforcing steel placed for column and wall foundations and for the building(s) area slab on- grade. Reinforcing steel will be observed for size, spacing, lap splicing and cover. discrepancies will be brought to the attention of the Contractor's site superintendent. ZI Observe column anchor bolts for number, type, configuration, diameter, overall length, embedded length and exposed length. 3. Reinforced Cast -in -Place Concrete Observations and Testing: ■ Review concrete batch tickets on site to verify compliance with the mix design ■ Sample fresh concrete and perform field tests including slump, air content and temperature (ASTM C172, 04.143, 0173, and C1064). ■ Cast test specimens during placements at a rate of 1 set of 5 cylinders for each 50 cubic yards of structural concrete placed (ACI 318) using 4" x 8" molds. ■ Perform compressive strength tests of concrete test cylinders cast in the field per ASTM C39. ■ Observe size, quantity, spacing, splice length, and cover of all steel reinforcing. ■ Inspect curing, cold weather protection and hot weather protection procedures. Conduct floor flatness testing according to the project specifications if requested. 4. Structural Steel Observations: Visually inspect all welds, and verify the size and length of fillet welds, ZI Observe at least 100% of field welded connections for correct type, length, size and location on a weekly basis during construction. A Certify welders or document welder's certification. Inspect the steel frame for compliance and member and connection placement. A Material verification of high - strength bolts, nuts and washers Shop inspections can be provided for an additional fee. However, this task is generally omitted when the subcontractor can produce Proof of Certification by a national Responsive ■ Resourceful ■ Reliable 3 DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B Proposal for Construction and Materials Testing Services �rr�con Sportsplex Field House ® 101 Meadowlands Drive Hillsborough, NG 27278 February 20th, 2018 , Terracon Proposal No. 7 0171288 recognized certification program if performed in accordance with section 1704.2.2 of the 2012 North Carolina Building Code. Verify material and mill certification reports of bolts, washers, nuts, and structural steel and weld filler materials. Unless arrangements are made to perform the work in a different manner, the responsibility of our field personnel will consist of making observations, performing tests, and then reporting their findings to an authorized person such as the site superintendent for appropriate action. If substandard work is being performed or if materials of inferior quality are being used, it will be the responsibility of your authorized person to have these conditions corrected. Should it be possible to correct such conditions amicably on the basis of oral recommendations by our technician, it can be done in this manner. However, if it becomes necessary to reject material, or to discontinue the work, we expect that someone other than our personnel make such decisions. Access to observations and/or testing locations that will require the use of ladders, scaffolding, aerial lifts, etc. must be provided by others. C. SCHEDULING GUIDELINES Dispatch /Scheduling Phone Number. [919] 435- 2998, or e-mail Raleigh =scheduling @Terracon.com Our services will be provided on an "as requested" basis when scheduled by your representative. We recommend that you utilize the "Dispatch /Scheduling Phone Number" between the hours of 8:00 am and 5:00 pm. During scheduling the following information should be provided to our dispatcher in order to best serve you: • Project name and location • Date and time of the requested service(s) • Services required (please do not assume that technicians carry all equipment) • Onsite location(s) of the requested service(s) • Anticipated quantities of materials (i.e., cubic yards of concrete) • Onsite contact information (name and phone number, if possible) • Any special requirements (safety badging, drug testing, site orientation, etc.) Please note that we would prefer you schedule our services in a timely manner and need to cancel them than to not call at all or call late. We require a minimum 24 -hour notice in order to schedule personnel for "Standard Services" and minimum of 72 -hour notice for "Specialized Services" as described above and avoid delays to construction activity. If our services are not scheduled according to this time frame we will make every reasonable effort to accommodate your needs but may be unable to provide service. Responsive v Resourceful m Reliable 4 DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B Proposal for Construction and !Materials Testing Services Irerracon Sportsplex Field House m 101 Meadowlands Drive Hillsborough, NC 27278 February 20th, 2018 m Terracon Proposal No. 70171288 Terracon will only provide testing when contacted by your designated representative and will not be responsible for required testing if we are not scheduled, D. DATA MANAGEMENT AND REPORTING To enhance the service Terracon provides to our clients„ we use a proprietary project management and data management software program known as Cmlwe. IBS CMELMS11 (Construction Materials Engineering Laboratory Management System). CMELMS'm is a program developed by Terracon specifically tailored for Construction Quality Control and Quality Assurance consulting and testing projects. CMELMS11 allows us to electronically track all client service requests, daily field reports, laboratory test results, concrete history and performance, invoicing, project budgets, and project report and invoice distribution. The software creates a database for each project that allows us to provide timely and constant communication to our clients and instantaneous retrieval of field and laboratory reports and test results and budget information. This proves to be invaluable to our project managers and our clients when discussing specific project details and data. Furthermore, we can also provide distribution of reports and invoicing to our clients via electronic methods. This includes email distribution or setting up project specific "Client Document Website" where our clients and other approved Project Team members can go to via the Internet and retrieve critical project information. Through our CMELMS" program, we have the capability to efficiently track and develop a listing of our tests and observations that are not in compliance with the approved plans and specifications for the project. This deviation log is maintained throughout the project and serves as one point of reference that can be viewed by the project team members to see which items are still unresolved. Maintenance and distribution of a deviation log serves to help address and correct deviations throughout the project. Each of our technicians is provided a field laptop and smartphone. With these devices, the technicians have the ability to connect to the internet, complete their report in the field electronically and submit it directly to the project manager in the office through CMELMS'"'. Once the report is submitted, it is instantly uploaded to the project manager's dashboard for review. If a deviation is noted within the report, an email notification is automatically sent to the project manager informing him or her of the non - conforming items and that action may be required, At Terracon, we have a company -wide standard utilizing the following reporting goals: • Formal reports containing deviations or non. conforming items will be submitted within 24 hours of the site visit. • Formal reports without deviations or non - conforming items will be submitted within 5 business days of the site visit.. Responsive i Resourceful u Reliable 5 DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B Proposal for Construction and Materials Testing Services Irerracon Sportsplex Field House ■ 101 Meadowlands Drive Hillsborough, NC 27278 February 20th, 2018 ■ Terracon Proposal No. 70171288 0 Formal laboratory testing reports will be submitted within 2 business days of the completion of the testing. In addition, a short video about CMELMS'^' and the value that it brings to the project can be viewed at http : / /www.terracon.comiservices /construction - materials/. E. SAFETY At Terracon, we all have a personal and uncompromising commitment to everyone going home safely each and every day. &TP Incident Incident and Injury-Free 11 is about care and concern for people. Incident and Injury -Free' t � p p It is our commitment at all levels of the company where safety is held as a core value and an operational priority. Working safely is an inseparable part of working correctly, and just as important as other operational priorities, including quality, profitability and schedule. 11F is our commitment to people, valued by us for who they are and what they do. 11F is not just something we do; it's in everything we do. As part of being truly 11F, we will prepare a "Pre -Task Plan" for this project where we will identify the potential site safety and job hazards associated with your site. Our Pre -Task Plan will identify and prepare our personnel to handle conditions such as traffic control, environmental contamination, site access issues, overhead and underground utilities, adverse weather conditions, and personal protection equipment. F. COMPENSATION Our services will be provided on a unit rate basis in accordance with the attached unit rate fee schedule. At the time of this proposal we have not been provided with a construction schedule. We have based our estimated fee on experience with similar projects of scope, size, and construction. Our estimate is broke down in detail on the attached budget worksheet. Terracon recommends and a time and materials budget of $28,768.88 be established for this project. We have not included attending progress meetings in our cost estimate. Progress meetings will be attended at the request of the Rhetson Companies representative, and invoiced in accordance with the attached fee schedule in addition to estimate fee. Should additional services or site visits be required that are outside the scope of work and estimated site visits outlined above they will be performed at the unit rates shown on the Fee 'Schedule. The above cost would not be exceeded without prior written approval from the client. If services are requested beyond the above scope of services or if additional site visits are Responsive -9 resourceful a Reliable 6 DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B Proposal for Construction and !Materials Testing Services 1 Fi�rr�c ©� Sportsplex Field House a 101 Meadowlands Drive Hillsborough, NC 27278 February 20th, 2018 a Terracon Proposal No. 70171288 necessary to complete special inspection services, they will be invoice in accordance with the attached unit rate fee schedule. Overtime rates are applicable for field staff for more than 8 hour per day, hours before lam, hours after 5pm, Saturdays, Sundays, and Holidays. Overtime will be invoiced at 1.5x the quoted hourly field staff rate, An itemized invoice for our services provided will be sent monthly unless directed otherwise. G. AUTHORIZATION If this proposal is acceptable, please complete the attached Agreement for Services. We request that one executed be returned to us along with this proposal. This Agreement, including the limitations it contains, shall constitute the exclusive terms, conditions and services to be performed for this project. Terracon's total fee is due within thirty days following receipt of invoice. This proposal is valid only if authorized within sixty days from the listed proposal date. If additional or alternate terms and conditions are required, they will be reviewed by our corporate legal team. We appreciate the opportunity to provide this proposal and look forward to working with you. Please give us a call if you have any questions or comments regarding this proposal. Sincerely, Terrac+on Co ultants, Inc. 7 Ryan Pratt Assistant Materials Project Manager Enclosures: Estimated Budget Unit Rate Fee Schedule Agreement for Services avid B, Carver Senior Associate /Materials Department Manager Responsive ® Resourceful a Reliable 7 DocuSign Envelope ID: C28BF39E-EOF1-42FB-9F5B-93F375B7013B Irerracon COST ESTIMATE MATERIALS TESTING SERVICES SPORTSPLEK FIELD HOUSE HILLSBOROUGH, NORTH CAROLINA TERRACON PROPOSAL: P70171288 Task 2 - Concrete observations /Testing Field Technician (footings and slabs) Field Technician, O.T. Field Technician (pickup cylinders) Concrete cylinder lab testing (5 sets x 5 cyl /set) Project Manager (reports and review) Principal Engineer (review) Clerical Mileage 4 3 4 25 3 1 2 8 2 2 x x x x $52.00 $78.00 $52.00 $15.00 $145.00 $160.00 $50.00 $0.72 Units hour hour hour each each each hour hour hour hour mile Subtotal hour hour hour each hour hour hour mile Subtotal Cost $4,992.00 $0.00 $1,520.00 $330.00 $150.00 $190.00 $0.00 $725.00 $320.00 $250.00 $1,180.80 $9,657.80 $1,664.00 $468.00 $416.00 $375.00 $435.00 $160.00 $100.00 $472.32 $4,090.32" Trips/ Unit Type of Services /Testing Samples Hrs /Mile Rate Task 1- Soils/ Foundations /Retaining Wall Observations /Testing Field Technician (grading and retaining wall obs.) 16 6 $52.00 Field Technician, O.T. 0 0 $78.00 Field Engineer (footing inspections) 4 4 $95.00 Standard Proctor, each 2 x $165.00 Percent Fines (Wash 200 sieve), each 2 x $75.00 Atterberg Limits Test, each 2 x $95.00 Senior Engineer (MSE Retaining Wall Review) 0 x $16+0.00 Project Manager (reports and review) 5 x $145.00 Principal Engineer (reports and review) 2 x $160.00 Clerical 5 x $50.00 Mileage 20 82 $0.72 Task 2 - Concrete observations /Testing Field Technician (footings and slabs) Field Technician, O.T. Field Technician (pickup cylinders) Concrete cylinder lab testing (5 sets x 5 cyl /set) Project Manager (reports and review) Principal Engineer (review) Clerical Mileage 4 3 4 25 3 1 2 8 2 2 x x x x $52.00 $78.00 $52.00 $15.00 $145.00 $160.00 $50.00 $0.72 Units hour hour hour each each each hour hour hour hour mile Subtotal hour hour hour each hour hour hour mile Subtotal Cost $4,992.00 $0.00 $1,520.00 $330.00 $150.00 $190.00 $0.00 $725.00 $320.00 $250.00 $1,180.80 $9,657.80 $1,664.00 $468.00 $416.00 $375.00 $435.00 $160.00 $100.00 $472.32 $4,090.32" DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B COST ESTIMATE MATERIALS TESTING SERVICES SPORTSPLEX'EIEL© HOUSE HILLSBOROUGH, NORTH CAROLINA TERRACON PROPOSAL: P70171288 Type of Services /Testing Task 3 - Masonry Observations /Testing Special Inspector Special inspector, O.T. Field Technician (pickup cylinders) Masonry cubes lab testing (3 cubes /set x 3 sets) Masonry grout prism lab testing (3 prisms /set) Project Manager (reports and review) Principal Engineer (review) Clerical Mileage Task 4 - Structural Steel Evaluations Senior CWI Technician Project Manager (reports and review) Principal Engineer (review) Clerical Mileage Trips/ Unit Samples Hrs /Mlle Rate Task 5 - Fireproofing Observations /Testing Special Inspector Special Inspector, O.T. Laboratory Density testing Project Manager (reports and review) Principal Engineer (review) Clerical Mileage Irerracon 5 8 $78.00 2 4 $117.00 3 4 $52.00 9 x $15.00 9 x $50.00 6 x $145.00 1 x $160.00 2 x $50.00 8 82 $0.72 Units Cost hour $3,120.00 hour $936.00 hour $624.00 each $135.00 each $450.00 hour $870.00 hour $160.00 hour $100.00 mile $47232 Subtotal $6,857.32 5 6 $105.00 hour 2.5 x $145.00 hour 0.5 x $160.00 hour 1.25 x $50.00 hour 5 82 $0.72 mile mile Subtotal 0 8 $78.00 hour 0 2 $117.00 hour 0 x $35.00 each 0 x $145.00 hour 0 x $150.00 hour 0 x $50.00 hour 0 82 $0.72 mile Subtotal $3,150.00 $362.50 $80.00 $62.50 $295.20 $3,950.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B �f1 COST ESTIMATE MATERIALS TESTING SERVICES SPORTSPLEX FIELD HOUSE HILLSBOR OUGH, NORTH CAROLINA TERRACON PROPOSAL: P70171288 Type of Services /Testing Task 6 - Asphalt Paving Testing Field Technician (stone base testing) Asphalt Technician Asphalt Coring Crew (assuming 1 trip) Laboratory Asphalt Core Specific Gravity Testing Project Manager (reports and review) Mileage Trips/ Unit Samples Hrs /Mile Rate 4 8 $52.00 4 4 $75.00 1 x $150.00 8 x $50.00 3 x $145.00 6 82 $0.72 Units Cost hour $1,664.00 hour $1,200.00 each $150.00 each $400.00 hour $435.070 mile $354.24 Subtotal $4,203.24 Total Estimated Cost; $28,768.88 DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B 1rerraca Reference Number. P70171288 AGREEMENT FOR SERVICES This AGREEMENT is between Orange County, NC ( "Client ") and Terracon Consultants, Inc. ( "Consultant ") for Services to be provided by Consultant far Client on the Sportsplex Field House project ("Project"), as described in the Project Information section of Consultant's Proposal dated 11116/2017 ("Proposal") unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant's services is described in the Scope of Services section of the Proposal ( "Services'), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken, This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3, Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensation section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the 'invoke, and shall promptly pay the undisputed portion, Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection-related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend„ indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. S. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not Intended for third parties other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $25,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, 'INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity /Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty Is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. 8. 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. 9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) commercial general liability insurance ($1,000,000 occ 1 $2,000,000 agg); (iii) automobile liability insurance {$1,000,000 B.I. and P.D. combined single Page 1 of 2 Rev. 10 -16 DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B 1 rerraco Reference Number: P70171288 limit); and (iv) professional liability insurance ($1,000,000 claim 1 agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTiAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and' construed according to Kansas law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing 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 shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for Coss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's 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 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. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and 'information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ( "Affected. Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Client shall provide the location and /or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client's contractors, subcontractors, or other pa s present at the site. Consultant: Terracon Consu nts, Inc. Client: Orange County, NC By: Date: 2/21/2018 By: Date: Name/Title: D arver / Department Manager III Namerritle: Jeff Thompson / Address: 2401 Brentwood Rd Ste '107 Address: P.O. Box 8181 131 1N. Margaret Lane, Suite 300 Raleigh, NC 27604 -3686 Phone: (919) 873 -2211 Fax: (919) 873 -9555 Phone: Email: Dave.Carver@terracon.com Email: Hillsborough, NC 27278 (919) 245 -2658 Fax: jethompson@co.orange.nc.us Page 2 of 2 Rev. 10 -16 oocuSion Envelope ID: CzooponE-sop1-4apo*pno-9aFo7oorn1ae Irerracon SPECIAL INSPECTIONS / MATERIALS TESTING SERVICES UNIT RATE FEE SCHEDULE -2QIJ RALEIGH, 0.C. PERSCINNEURELDSEKNOES 1 . Field Technician, per hour* ..................... ....... ..................... -......... ......... ----- $»uuo uField Special Inspector, per hpvr*.._ .......... ------'- .................... ............. mrxon 3. Asphalt manemvr, per nvvr*---_- ................................. ....... ............................ $,soo 4� Remote Visual Inspector (Bnreomopw*nmrmo), per hour* ... - .................. ---'............ m05,00 s Certified Welding Inspector. per xvvr'. ......... ---.................... ' .......... ___ ---- mn000 a Ultrasonic Testing mapecm,(AswT Lv 2JL,o. per hour* ........................................ -....... m125.00 r Ultrasonic Testing, equipment per day ............................... ....... -----..................... m�xon 8. Magnetic Particle p, Dye Penetrant Testing Inspector (AawTmmu'3), per hour* vnzao y Penetrant Testing ou surnames (pT). per uwy*^--- .......................... ........ ........... -- muouoo 10. Magnetic Particle ovomvmomeo(wT). per day* .... ---- ...................... ----.......... S125.00 11. Ultrasonic Testin o:numnaules(Ur),(Cpvnlant)** ......... ..... - ....... .................... ___ x100.00 12, oore,uopa equipment per day ...... ........ ..... ...... - ...................... ................ .............. $25 0.00 IIu Borescope, equipment per month (long mnn ------------' x2,000u0 14. Coring Crew, per hour (includes equipment) ....... ....... ---....... .................. --......... w/suoo 15� Nuclear Density Gauge. per day ............... -----_.............................. --...... m35.00 16. Floor Flatness Inspector, (On site time vnly). per hour `--........... ........... --'---....... n75.00 17. Floor Flatness and Levelness testing, equipment per uwv-- ........ .......... _-.......... a150.00 18. Field Engineer, per xvu --------_-----_--_-----_--. $95.00 % Project Manager, per hour '- ....... ....... _---_--................................... $145o0 oo oAoosonport, per hour. .... -'----................................ ...................... -.......... m/000 21. GPR Inspector, per xour- ........ --------.......................... ___ ................. /n25.00 zz Gpnteatinu per day ......... ...................... - ............ --............. $2.00 0.00 oz oaomram/neer/pnmmpm per xouc_ ....................... ____ ................... ---............. $160.00 24. Clerical, per hour ............... ........ ___ ............ -............................ ____ .............. $50.00 oaDirect sxwenses---- ........ .............. ...... ......... - ............. ............ .......... -........ 1150/0 us Per Diem, per day ........................... ...... - ...... '---.................. ........... -..... mosuo czMileage, per mile.-' ..................... -'----.......................... ......... ... ............. m0.7e LABORATORY SERVICES 1 . Percent Fines (Wash mmoieve), each ........ - ............. ............ - ....... -----....... m75.00 o. oie,Anwylmmeao------------._----_-----------.-.. $100.00 u Particle Size Analysis (With Hymmmoxer). each ...... ___ .......................... .......... -........... w150r0 4- Natural Moisture Content Test, oacm- ........... ............................. ..................... .......... $10u0 5. ^mmrbem Limits Test, e*m,-- ___ ....................... ___ .............. -' .......... ......... oyaoo a Standard Proctor Compaction Test. each .... --- ... ... - .......... ....... .......................... $165.00 r Standard Proctor Compaction Test (with noconnection), °wch-----_-------- $/ns.on a mnomwpmoto,00mpac�ooTesewv---_-------------------.. m165uo a Modified Proctor Compaction Test (with Rock onnaotion aach- ... ...... --.............. -- $20 0.00 10, oaxTwvmng. pernvmt, .... ........ ............. __......... --'----...... ............ m200.00 n. Fireproof density testing, per owmnm-_ .......... '----'--................................. wusou 12. Concrete Compressive Strength Testing or*xxora,1r inch cvlinuomemch-------' mmoo 13, Concrete Compressive Strength Testing m Contractor made *xomev1u inch Cylinders, each w1o00 14� Concrete Flexural Strength Testing u/axamm inch Beams, eoch ............... ...... -........ . $55.00, 15 Concrete Compressive Strength Testing of Cores. emch----- ....... .......... ........... $55o0 16. Masonry Mortar Compressive Strength Testing ov2"x2" Cubes, each - .......................... mIS-()O 17 Masonry Compressive Strength Testing m Grout pnomu each --------------- $50.00 18. Masonry Block Absorption and Compressive Strength, per set of 6 .-- ......... $35 000 19. Masonry Block Prism Compressive Strength, each ...... ......... ............... --............... $150z0 uo Asphalt Core Specific Gravity (thickness and density) Testing, each__ ....... ........................ mmoo o. Asphalt Maximum Theoretical Specific Gravity (Rice) Testing, ewvh.-----_................... w225�00 zz ' $onnoo .�~_~.��~~~._= �~.��~�~~~�~��=���== revicea on ai°roa^"eXCM UT m*ours per day=dlo r Monday through Friday before 7:OOAM.°after 6:00 P,M �/=°hou rly rate bymfor se rvices provided= Sundays ", Holidays with " minimum charge "/2 hours. overtime Is not applicable to engineering rates. Project administration rates are for report review, ate. Hourly charges will be billed portal m portal. Quoted rates wil/be effective throughout 2017, ^^pn="==m" per day/ field kit includes anw can aerosol kit (visible dye penetrant "*'),vwnco"""abl.p per day cost is limited to 10/bs, (visible Magnetic mwc/.^"mw. Ultrasonic m",/"",^n/. per day cost /^ limited to I gallon/ Ia liter c.m..'ne, Additional quantities or fluorescent consumable will require a separate quote; expeme will be based on cost plus 15%. DocuSign Envelope ID: C28BF39E- EOF1- 42FB- 9F5B- 93F375B7013B CERTIFICATE OF LIABILITY INSURANCE �� 1/1/2019 DATE (MM /DD /YYYY) 2/28/2018 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: PHONE FAX o Ext . A/C No 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960 -9000 E -MAIL ADDRESS: COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Y N INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Lexington Insurance Compny Company 19437 $ 1,000,000 INSURED TERRACON CONSULTANTS, INC. 1312893 2401 BRENTWOOD ROAD INSURER B: Travelers Property Casualty Co of America 25674 INSURER C: The Travelers Indemnity Com an 25658 INSURER D: RALEIGH NC 27604 INSURER E: INSURER F: • COVERAGES TERC001 CERTIFICATE NUMBER: 15244029 REVISION NUMBER: XXXXXXX 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM POLICY EFF DD/YYYY EXP MM/ DY/Y YYY LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Y N TC2J- GLSA- 1118L293 1/1/2018 1/1/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 • MED EXP (Any one person) $ 25,000 CONTRACTUAL LIAR • XCU COVERAGE PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JE� [::] LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ OTHER: $ AUTOMOBILE LIABILITY Y I�j TC2J- CAP- 131J3858 1/1/2018 1/1/2019 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 X BODILY INJURY (Per person) $ XXXXXXX ANY AUTO BODILY INJURY (Per accident) $ xxXXXXX OWNED AUTOS ONLY SCHEDULED PROPERTY DAMAGE Per accident $XXXXXXX HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX HCLAIMS-MADE AGGREGATE $ XXXXXXX EXCESS LIAB DED RETENTION $ $ XXxxXXX B C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCLUDED? ❑N (Mandatory in NH) N/A N TC2JUB131J374218 AOS TRKUB131J384618 (AZ,MA,WI) TC2JUB 13 1 J374218 (CA) 1/1/2018 1/1/2018 1/1/2018 1/1/2019 1/1/2019 1/1/2019 X STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A PROFESSIONAL N N 26030216 1/1/2018 1/1/2019 $1,000,000 EACH CLAIM & LIABILITY $1,000,000 ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 70171288 SPORTSPLEX FIELD HOUSE TESTING. ORANGE COUNTY, NC IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY, AUTO LIABILITY AND UMBRELLA/EXCESS LIABILITY, AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION 15244029 ORANGE COUNTY, NC P.O. BOX 8181 HILLSBOROUGH NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENT ©1 8'015 ACORD CORPORATION. All riahts reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD