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WORK AUTHORIZATION AND AGREEMENT <br />Please Sign and Return One Copy to: NINYO & MOORE <br />2313 W. Sam Houston Parkway, North, Suite 119 <br />Houston, Texas 77043 <br /> PROPOSAL NO. 16-01103 <br />1. PROJECT ADDRESS: Southeast of Fairmont Parkway and Red Bluff Road <br />La Porte, Texas <br />2. PROJECT DESCRIPTION: Geotechnical Evaluation <br />Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project <br />3. SCOPE OF STUDY: Please refer to proposal dated August 17, 2021. <br />4. FEE: $45,599 (Forty-Five Thousand Five Hundred Ninety-Nine Dollars Î Time and Materials) <br /> <br />5. PORTION OF FEE IN ADVANCE OF WORK: None <br /> <br />6. CLIENT: Halff Associates PHONE: 936-756-6832 <br />100 I-45 North, Suite 260 <br />Conroe, Texas 77301 <br /> <br /> CONTACT: Mr. Kurt Russell, PE PHONE: 936-777-6378 <br /> <br />7. STATEMENT TO BE SENT TO: Client <br /> <br />CONDITIONS OF AGREEMENT BETWEEN CLIENT AND NINYO & MOORE <br />This AGREEMENT is made by and between: NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL <br />SCIENCES CONSULTANTS, hereinafter referred to as CONSULTANT, and Halff Associates, hereinafter referred to <br />as CLIENT. This AGREEMENT between the parties consists of these TERMS, the attached Proposal identified as <br />No. 16-01103 dated August 17, 2021, and any exhibits or attachments noted in the Proposal. Together, these elements <br />will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements <br />either written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing. <br />STANDARD OF CARE <br />CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or <br />explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by <br />CONSULTANT will be based solely on information available to CONSULTANT. CONSULTANT is responsible for those <br />data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the <br />information developed. <br />Services performed by CONSULTANT under this AGREEMENT are expected by CLIENT to be conducted in a manner <br />consistent with the level of care and skill ordinarily exercised by members of the geotechnical engineering profession <br />practicing contemporaneously under similar conditions in the locality of the project. Under no circumstance is any <br />warranty, expressed or implied, made in connection with the providing of geotechnical consulting services. <br />SITE ACCESS AND SITE CONDITIONS <br />CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for CONSULTANT to <br />perform the work set forth in this agreement. CLIENT will notify any and all possessors of the project site that CLIENT <br />has granted CONSULTANT free access to the site. Client will protect all property, inside and out, including all plants and <br />landscaping. CONSULTANT will take reasonable precautions to reduce the potential for damage to the site, but it is <br />understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage <br />or alteration is not part of this AGREEMENT unless so specified in the Proposal. <br />1 <br />Ninyo & Moore | Willow Springs Bayou (B112-00-00) 100 ac-ft Detention Pond ILA Project, La Porte, Texas | 16-01103 | August 17, 2021 <br /> <br />