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HomeMy WebLinkAboutContract 44647-A1AMENDMENT NO. 1 to AGREEMENT for ARCHITECTURAL DESIGN SERVICES MULTI-PURPOSE PAVILION at WILL ROGERS MEMORIAL CENTER STATE OF TEXAS § § CITY SECRETARY CONTRACT NO. �t'I�.-i � I��' I� I COUNTY OF TARRANT § WHEREAS, The City of Fort Worth and Hahnfeld Hoffer Stanford (Architect) made and entered into City Secretary Contract No. 44647 (The Contract) which was duly authorized by the City Council by M&C C- 26342, the 16th day of July, 2013; and WHEREAS, further amendment is necessary for additional design services to increase the scope of work for geotechnical soils investigation and civil engineering services; and NOW THEREFORE, City and Architect, acting herein by and through their duly authorized representatives, enter into the following agreement which amends the Contract: Article 1.1, SECTION I- SERVICES OF THE ARCHITECT, a paragraph is added to read as follows: "Provide additional design services to include the geotechnical soils investigation service, and both public & private civil improvements services. The cost of these additional services is $7,031.00 and $28,000.00, respectively. The scope of services is described more fully in the Hahnfeld Hoffer Stanford's letter with revised date of July 29, 2013 subject: Proposal for Additional Services, City of Fort Worth, Texas, Will Rogers Memorial Center Multi-Purpose Pavilion (Amendment No.1) including attachments noted as Exhibits "A" and "B", which is attached hereto and as Attachment "A" and made a part of this Agreement." 2. Paragraph 1 of SECTION V- COMPENSATION TO ARCHITECT, is amended as follows: "The total compensation for all of the assignments to be performed by Architect as described in CHARACTER AND EXTENT of ARCHITECT'S SERVICES hereof shall be a fixed fee of $332,285.00 plus up to $15,000.00 in reimbursable expenses." 3. All other provisions of this Contract which are not expressly amended herein shall remain in full force and effect. J� EXECUTED this the �-- day of , 2013, in Fort Worth, Tarrant County, Texas. Hahnfeld Hof By: Eric L. a fe , AIA Principal APPROVA CO MENDED: By: � • � � Douglas Wiersig, PE Director, ansportation & Public Wor s Dept. APPROVED AS TO FORM AND LEGALITY: By: 1 � : � � ��t Il� �- — ----@er��#as�f = ack ,�-� � l� � llc �� r � -e fz OFFI�8�1�'����t Attorney APPROVED: By: / '�.t�t..t���i �i�._--.. Fernando Costa Assistant City Manager RECORD D: ' B : '' �'YZr.��-t � � Y Ma J. Kayser City Secretary `�" M&C (No M8� Contract Authorization , Date: CIiV �EC�E`�'���T R� C E i V E L� �1�J(; � 2 10 i� �?'. VYART�N, '�'X � �, '� '�ili�L�i�l���:,� �'1!I:HNI', ��I�lia.'11;1. , nr Vih�l��ii�, li�)I::G� �I{��il'�� 1'I!i! li��� ,�;1{'i; �iifHUl: iu� ,�rr.r � ::» Iii:i�i���:ii, ,�uu�� ��a�r '� : Stanforcl .�rr.hilncls / �dnnnr.r-; / inloiiur:: July 26, 2013 Revised July 29, 2013 Mr. Alfonso Meza Registered Architect City of Fort Worth Transportation & Public Works Department Facilities Management Group/Architectural Services 401 West 13th Street � Fort Worth, TX 76102-4616 . Re: Proposal for Additional Services City of Fort Worth, Texas Will Rogers Memorial Center Multipurpose Pavilion (Amendment No. 1) Dear Mr. Meza: �'i'ff4Gl�;M�'( ��11 I am sending you this request for Contract Amendment for the following: 1. Dunaway Associates, L.P., additional scope of work for Public and Private Civil Improvements, per Exhibit `A'; attached hereto. $28,000.00 � 2. CMJ Engineering, Inc., addition of Geotechnical Engineering Services not included in original Contract, per Exhibit `B'; attached hereto. Total request for Contract Amendment If you have any additional questions or comments, please advise. Sincerely, HAHNFELD HOFFER STANFORD architec s planners interiors . Eric L. Hahnfeld, AIA Principal Cc: Attachments: David R. Stanford, AIA — Hahnfeld Hoffer Stanford Exhibi# `A': Dunaway Associates, L.P., Amendment Exhibit `B': CMJ Engineering, Inc., Fee Proposal 1 ,, ., .� . ,,, , ,�,,:., �,� .�,,,� , ., , ., . �, , ��.,,� $ 7,031.00 $35,Q31.00 E�Ch� � �31i ,t� �. ��� x: � � �,��� �- �,� � �.f �� ir �� �., � . ,�} ' ; .�. _� � ; ..�_ y r , ii, I + � DaFe: 7J2�J/13 �lmendment No.: � bunaway No.: 8000766.002 Project Name: WI�MC Multi-Purpose Pavilion Attn: Clieni: �itidYess: David StanFord I-lahnfeld Haffer Stat�fa'd 200 Sailey Avenue, Suite 200, Fort Worth, Texas 76107 Hereby eequests and authorixes Dur�away Associates, L..P. (Dun�way) to perform the fol(owing additianal S�CVIGBS: Scope: Dunaway shafl .,. Scope of Wortc Pubtic Civil lmpravements Separate Instrument �asements w Dunaway will prepare Separate Instrument Easements (iw4) for the removal and refocation of the exis#ing sanitary sewor main in accordance with City of �ort Worth requirements. This oasement wiif be based upon a Finai Plat Survey campieted by Gorrondona & Associates, fnc. 7he easement wiii be signed and sealed by a Regisfered Professional Land Surveyor licensed in the State of Texas and will be submitted for approval by tho City of Fort Worth and subsequently to the County Clerl<'s office for recording, Dunaway will set final lot pins in accordance with the City's criterfa. Civii Construction Plans -- Pubiic Impr�vements — qunaway will prepare construction plans far the public infrastructure improvements required far this pi�oject. These improvements consist of i�e� routing tho existing public sanifary sewer main south aP the proposed Muiti-purpose Pavilion, These plans and specificatians wil) be signed and soaled by a Registered Profession�l �ngineer licensed in the 5fate of Tex�s and will be processed with the City of Fort Warth far approval and construckion, A teniative list af drawings anticipated ta be cre�ted follows: Caver Sheet Sanitary Sewer plan and Profiles Utility petails Paving Improvements Paving qetai{s Erosian Cantrof Plan Erosion Control DetaNs Prlvate Civii Improvements Integrated StormwaCer Management �iSWM) Construction Plan — A�inai iSWM Construction Plan and Grading I�ermit will be required for thls praject bocausa the disturbed area will exceed 0.50 acres. Dunaway wilf prepare and submit an iSWM plan tfiat Wilf identify haw runoff will be handled during construction of the proposed naving improvements. I�unaway wiil assist the owner (n preparing the necessary documents to obtain thEs permit, 90�07G6.Q02�WflMC �AuqLPurpose paviFan Pdva�e pasipn CANf-201J•07Y9 I>:iO ISIIIIf)`/AYH',(1UH. SuU��, dO0 -^> I'<�t1 Woilh. A3xr.�r� ybl (l'I n b:�L' (tl7.:i3!i, i 17.1 ? I'u:<: ti17.335.7q:i7 '? dul�ra���uyas.Ctc:iplc�S.erxn AUTI-IOR1��1�{ON 1=0R CONTRACT AM�NDMENT WRMG Multi-Purpose Pavilion July 29, 20� 3 F'age � 2 , Notes: SErvices covered by this aufhoriz�tion shali bo perfori�ned in accordance with the IJunaway "Standard T�nns & Conditions,° undpr the original Ac�eeement d�ted July 15, 2013. f�RiOR CONTRAGT AMOUNT: $ 36,2Q4,00 Lump 5um Services GONTRACT AMENDMENT AMOUNT: $ 28,000.00 L.um{� Sum Services I�EVISED CONTRAGT AMOUNT: Resp�ctfully submltted, qUNAWAY ASS�CIAT�S, 1...('., z Toxas lim(ied partnership $ 64,200.00 Lump Sum Services /� ��,i= �/ / �J ' �a Taylor, '.��/ �ior Project Mana er � �� , - ,. ���z'��� Th - mas c?. hluffhines, President Attachments JSTlmlb Date: I i � Ac�reed � Accepted H/�FlNI=�I..iJ 1-iC?�F�R Sl"AN�Cl�2C1 �y: Name: . � Title; BOU0766,002-WAASC h1utl4Purpose paviAon p6vale OeslBn CAAt�2a f 3•D749 r � � A� � �: � � ENGINEE�2.ING, YNC. 7G3C> Pebble Drive �ort Worch, Texas 7G! 18 �vtt.cmjengr,com Estimate No. 13-488$R2 July 25, 2013 Hahnfeld Moffer Stanford 200 Bailey Avenue, Suife 200 �ort Warth, Texas Attn: Mr. Eric Hahnfeld, A(A Principal R�VISED ESTIMAT� F�R: G�ATECHNICAI. �NGINEERING SERVICES WILL ROGERS MEMOR[AL C�NTER lVlUL.TI-PURP4SE PAVI�.ION FORT WQRTW, TEXAS Dear Mr. Hahnfeld: INTRODUCTION CMJ Engineering, 1nc, (CMJ) is pleased ta submit a revised estimate for providing geotechnical engineering services in conjunction wi#h the above-referenced project. We preparad this revised estimate based on a conversa#ion and email from Mr. David Stanford, AIA with Hahnfeld Hoffer Stanford and an ths preliminary scope submittsd to this office. The project, as currently planned, will cansist af a multi-purpose pavilion on the north side of the Richardson-Bass building. For purposes of fhis estimate, it is assumed that all borings are acGessible to truck�mounted drilling equipment. In addition, it is assumed that na underground utilities exist at baring locations. Phone (817) 284-9400 F�.r (8T71 589-9993 Metro {817) 589-9992 CMJ �1VGINEL�nING, INC. Hahnfeld Hoffer Stanford Estimate No. 13-4888R2 July 25, 2d13 Page 2 SCOP� OF SERVIC�S I. SAStC SERVIC�S A. SUBSURFAC� �XPLQRAT{ON Based an past experience in the vicinity of th� project, we anficipate subsurface conditions to consisf of clays and sands averiying limestone. The d�pth to unweather�d gray iimestone is anficipated to be up ta 45 feet belaw existing grade. As requested, experienced drillers and technicians will �valuate subsur#ace conditians with a kotal of 6 sample borings. Two (2} of the borings wiil be extended up to 5 feet into the gray limeston� to a totaM depth of 50 feet below existing grades. The remaining 4 borings will be extended to a total depth of 25 f�et. The field personnel will drill the barings using truck-mounted equipment, Cohesive and non- cahesive soil samples will be obtained using 3-inch diameter Shelby tube samplers and 2-inch diameter standard split�spoon samplers, respectively. In addition, rock encountered will be evaluated by use of Texas Department of Transportation {Tx�07) cone penetration tests. A soils logger will extrude the samplss in the field, check the samples for consist�ncy with a hand penetrometer, carefuliy wrap them to presarve their condition, and return them to the laboratory for testing. A log of each boring will be prepared to document field activities and results. CMJ's personnel wil! stake the boring focations using normal taping procedures, Approximate locations of the borings will be shown on the plan of borings. Precise surveying of boring locations and �levations is not in�luded in the cost estimate. These services may be provideci as Additional Services upon rec{uest. At the completion af drilling operatians, boreholes will be backfilled with driQ cuttings and plugged at the sur�ace by hand tamping. B. LABORA`ft�RY SERVICES Considering the planned facilities, anticipated soil conditions and geo{ogy, laboratary tests will be required for ciassification purposes, and to determin� strength characteristics. The foilowing types of tests are therefore recommended: • moisture content and soil identification • liquid and plastic limit determinations • uncanfined compression tests on soil • unit weight determinations • absarption pressure and/or one�point pressure swell tests The specific types and quantities of tests will be determined based on geologic conditions encountered in the barings. CMj EIVGIi�1BERING, XNC, Nahnfeld Hoffer Stanford Estimate No. 13-a888R2 July 25, 2013 Page 3 C. ENGIN�ERING SERVICES An engineering report wili be prepared to present the results of the field and iabaratory data together with our analyses of the resuits and recommendatians, We will provide 2 copies af the report. The r�part wi{I address: • general sail and ground-water conditions • recammendations for faundation type, depth and allowable loading + minimum penetration of piers to resist uplift (if required) • foundation construction requirements • recommendations for floor slab support, including an evaluatian of the swe11 characteristics of th� subgrade soils • earthwork recommendations • guidelines for pavement design Items other than fhase specified above, which are revealed by these skudies or are necessitated by a change in praject scope, may require revised field, laboratory, and engineering services. These services, if required and requested, will be performed as Additional Services, Additional Services are described in Section I1. D. COMPENSATiON FOR BASlC SERVICES It is propased that the Basic Services described above b� performed on a unit price basis, in accordance with the attach�d Basic 5ervices Cost Estimate. Based an the anticipa#ed scape and the attached Basic Services Cost Estimate, the total cast of the sasic Services is $7,031. 7his cost for Basic Services wii) not be exceeded withaut prior authorization. The estimated costs shown in this proposal are based on the anticipated sail conditians. The final invaice will be based on the specifia quantities drilled and tested. If unanticipat�d conditions are �ncountered during drilling, we will notify you accordingly, �, SCM�DUL.E �'OR BASIC S�RVICES Weather permitting, we plan to initiate these studies within 4 days o# receipk of notice ta proceed, and anticipate that 2�rorking days will be required ta complete the subsurface exploration for the site {weather conditions permitting}. You will receive the final repart approximately 2 wseks following the completion of the field phase. W� will make preliminary design data available sooner if necessary, CMJ Ei�IGTNE�RING, �NC. Hehnfeld Hoffer Stanford Estimate No. 13-4888R2 July 25, 2013 Page 4 IL ApDI710NAL SERVICES A. AU7hl�RIZATlON AND SCOPE Additional Services wiil be performed only if specifically requested and authorized by Client. Additional Services may consist of fhe follawing; • Additionai subsurface expVoration, including quantities or items oiher than described in Basic S8NiC8s. • Buildozer or other equipment services requir�d to achieve access to boring locations. • Stand-by time or time in excess af one-half hour required for travel between boring locations. • Additional laboratory services, including quan#ities or itEms other than described in Basic Services. • Additianal insurance coverage or limits (if available) other than CMJ's standard policies. * Additional engineering services, including personnel time and expenses for items not specificalfy described in Basic Services. This may include, but is not limited ta, additional meetings requested by Client or Client's other cdnsultants, assistance ta Ciienk in dealing with regulatory agencies, preparation and engineering assistanc� in legal proceedings, and evaluation of alternative designs for th� projscf or relocation af structure, following initia! submittal af the geotechnical report. « Additiona! copies of the repor#, ather than the number described in Basic Services. • Any other required or requested services authorized by Client, other than those specificafly described in Basic Services. �. COMPENSATION AND SCHEDULE FOR ApD1T10NAL S�RVICES Additional Services, wh�n authorized by Cli�nt, will bs in accordance with our Schedule of Fees. Additional Services wil! be performed at reasonable times and within reasonable schedules as requested by Client. Authorized Additianal Services will be billed as a separat� item on invoices and a description of the Additional Serv+ces wiil be provided. IIl. T�RMS AND CfJNDITIONS The scope af services will be performed pursuant to the a#kached CMJ Terms for Geotechnical Engineering Services, which is incorporated into this proposal, Thank you for the opportunity to present this proposal. Please sign the attached Terms for Geotechnical �ngineering Services and return one complete copy of this proposal as yaur CMJ �NGINL�L�RIIVG, INC. Mahnfeld I�ioffer Stanford Estimate No. 13-4888R2 July 25, 2013 Page 5 authorization to proceed. Facsimile signatures shall be sufficient unless originals are requested by a third party. Do not hesitate ta call if you have any questions or if you have suggestions regarding changes to the agreement or ta the proposed scape of services. **** We look forward to working with Hahnfald Hoffer Stanford and its consuitants on this praject. RespecEfully submitted, CM,� ENGINE�CiTNG, INC. 6 ti�\/ � �` �� � , Garrett E. Williams, P.�. . President copies submifted: (1) Mr. Eric Hahnfeld, AiA; Hahnfeid Haffer Stanford (email & mail) 7ERMS �OR O�QTECHNICAL �NGINE�RING SEftViCES TH� AaREEM�NT This AGRE�MENT fs made by and batween CMJ �NGINEERiNG, INC., hereinatter referred to as GEOTECHNICA� �NGINHER, and HAHN�'E[.D HOFF�R STANFORD, hereinafter referred ta as GIIENT, The AGR�EM�NT between the parties consisis of these TERMS, the aitached estimate identi�ied as Esqmate No. 13•4888R2, dated Jury 25, 2013 and any exhibfts or attachmenfs noted in the E571NiATE. Together, these elements wlil constftute the sntire AGR�EMENT superseding any and all prior negotlations, eorrespondence, or agreements either wrilten or oral. Any chanc�es to this AGRE�MEIVT must be mu►ually agreed to in writing. STANpARD OF CARH CLIENT recognir.es that subsuriace conditions may vary from those observed at locations where borings, surveys, or explorations ere made, and thaf site conditions may change with time. Data, interpratalions, and recommendations by G�OT�CHNICAL ENGIN�ER will be based solely on (niormation available to GE07�CHNICAL ENGINEER. GEOTECHNICAL �NGINEER is responsible for those data, interp�etations, and recommendations, but wlll not be responsible ior other parties' interpretations or use of the information developed. Setvices performed by GEOT�CNNICAL �NGINEEI2 under thls AGR�EMENT are expeoted by CUENT to be conducled in a manner consistent with the level of care and skill ordinarily exercised by members af the geotechnical engineering profession practicing contemporaneously under similar conditlons in the locality of the proJect. Under no circumstance is any warranly, expressed or implied, made in connecUon with the providinc� of geotachnical engineering services. SI?� ACCESS AND SITE CpNDIT10NS CLI�NT will grant or obtain (ree access to the site for all equlpment and personnel necessary for GFOTECHNICAL ENGIN�ER to perforrn the work set (o�th in fhis AGR�EMENT. CLI�NT will notify any and all possessors of (he proJect site that CLIENT has granted GEOTECHNICAL �NGINEER free access io the site. GEOTECNNICAL ENGINEEt� wiil take reasonable precaulions lo minimize damage to the site, but it is understood by CLIENT that, in lhe normal course of work, some damage may occur and the correaiion of such damage is not part of this AGR�EM�NT unless so specifled in the ESTIMATE. CLIENT is responsible for accurately delineaiing fhe iocatians of all subterranean structures and utliitfes. GEOTECHNICAI. ENGIN��R will take reasonable precautions to avoid known subterranean siructures, and GLI�NT waives any clalm against GEQ7�CMNICAL ENGINEER arising trom damage done to subterrar�ean structures and utilfties nat identified or accurately located. SAMPI.E DISPQSAI. GEOT�CHNICAI. �NGINEER wili retaln samplea lransported lo the geotechnfcal laboraiory for testing for a period of thirty (30) days following submission oF the report covering those samplea, Fu�ther storage or transfer of sampies can be made at CLI�NT'S expense upon CLIENT'S prior written request. MONITOt21NG If GEOTECHNICAL ENGiN��R is retained by CLIENT to provide a site representative for the purpose of monitoring specific porUons of conslruclion work or oti�er field activities as set forih in the �STIMATE, then this phrase applies. For the specified assignmeni, GEpTECHNICAL �NGINEER wil{ repo�t observations and professiona{ opinfons to C�IENT. No action of GEOTECHN1CAi. �NGIN�ER or G�OT�GHNICAL �NGINEER'S slte represeniative can be construed as altering any AGR�EMENT between CUENT and others, GEOTECHNICAI. ENGINEEi2 will reporl ta Ci�IENT any observed geotechnically-related work which, in GEOTECHNICAL ENGINE�R'S professional opinian, does not conform with pians and speeifications. 7he GEQTECHNICAL ENGINEER has no right to rejact or stop wark of any agent of the CIIENT. Suoh rights are reserved solely for CLIENT. FuKhermore, GEOTECHfVICAL ENGINEER'S presence on site does not fn any way guarantee the completion or qualify of ihe performance of the work of any party relained by CLIENT to provide field or conslruction-related services. GEoTE-CHNICAL �NGINE�R wili not he responsible for and wlll not have conirol or charge of speci(ia means, melhods, teohnlques, sequences or procedures of construclion or other field aativkies selected by any agent or agresment or CI.IENT, or satety precautions and programs incident thereto. 811.�IN0 AND PAYM�NT CLI�NT will pay GEO'CECHNICAI. ENGINE�R in accordance wilh lhe prnceduras indicated in the �STIMA7E and its aitachments. Invoices will be submitted to CLIENT by GE07ECHNICAL ENGINE�R, and will be due and payable upon presentation. If CI.I�NI' objects to all or any porilon of any invoice, CIIENT wil( so notify GEqTECHNICAL ENGINEER in writing within (ourteen (14} calendar days of the (nvoice date, identffy the cause of disagreement, and pay when due lhat portion of the invvice nof in disputs. in the absence af wr(tten noliftcation described above, the amount as stated on Ihe invoice wiil be paid. Involces are delinquent if peyment has not been received within thirty (30} days from date of invoice. At the option of ihe G�OTECNNICAL ENGINEER, CIIENT wlll pay an addilionai charge of one-and•one-haif {1.b) percent per month (or the �naximum percentec�e aAowed by law, whichever is lawer) on any delfnquent amount, except (or any portion of the invoiced amount in dispute and resolved in favor of CLIEN7. Clisputed amounts wilhheld by the client which are subsequentiy resolved in favor of the gaotechnical eng(neer will carry the additional charge, as descri6ed above, eKective thirty (30) days trom ►he date of the original involce. M lhe event CI.IENT falls to pay CEQT�CHNICAL �NGINEER wlthin sixiy (&0) days after invoices are rendered, CLIENT TERMS - Page 1 of 3 �S7IMATE N0. 13-4888R2 CIVtJ E�JGINGTiRING, INC. agrees that GEOTECHNICAL ENGINEER will have the rEght to conaider the failure to pay 1he GEOTECHNICAL ENGINE�R's involce as a breach of khfs AGf2EEMENT. TERMlNATIQN This AGREEMENT may be terminated by either party seven (i) days akar written notice in the event of any breach of any provision of this AGREEMENT or in the event of substanlial iailure of performance by the other parly, or it CLIEN7 suspends the work for more than thres {3) months. In the event of termination, G�OTECHNICAL ENGIN�ER will be paid for services performed prior to the date of terminat(on plus reasonabie termination expenses, including, but not Ifmited to the cost of completing analyses, records, and reports necessary to documenl job status at ihe time of term(naiion. RISK AI.I�ACATION Many risks potenlially affect GEdTECHMCAI. ENG►NE�R by viriue of enterfng into this AGREEM�NT to perform professional engineering services on behaff of CI.I�NT. The prinoipal rlsk is the potential for human error by G�OTECNNICAL ENGINEER. For CLIENT to obtain the beneflt of a fee which (nciudes a nominal aliowance for dealing with GEO7�CHNICA� �NGINEER'S ifability, CLI�NT agrees to Ifmil GEOTECHNICAL EtJGINEER'S Ilabilfty to CLI�NT and to ail other pariies for claims arising out o( G�OTECHNIGAL ENGINE�Ft'S performance of the senrices described in lhis AGR�EMENT. The aggregate Ifahilily of GEO7ECHNICAL ENGIN�ER wlll not exceed Ihe limits of khe G�OTECHNICAL ENGINEER'S insurance for negligent professional acts, errors, or omissions. l.(mitations on liabilily and indemnities in ihis AGREEMENT are business understandings between the parties voluntarily and knowingly entered into, and shail apply to all theorfes of �ecovery inciuding, but not Iimlled to breach o( contracl, warranly, tort (including negligance), strict or statutory Ilability, or any other aause of action, except Iar wllifui misconduct or gross negligence. The parlles alsp agree that CLIENT will nnt seek damages in excess of the limitations indirectly through suits with other parties who may joln GEOTECMNICAL ENGINEER as a lhird•pariy deiendant. Parties mean CLI�NT and GEO7ECHNICAL. �NGINEER and iheir oKicers, employees, agents, affiliates, and subcontractars. qoth GLIENT and GEOT�CHNICAL CNGINEER agrea thaf they will not be liable to each other, under any circumstances, for special, indireck, consequenlial, or punitive damages arising out of or related to this AGR��MENT. DISCOVERY OF UNAN7iGIPA7�n HAZARDOUS MATERIAI.S CLIENT represents thal CLIENT has made a reasonable effort t� svaluate li hazardaus materials are on or near the proJect site, and ihat GLI�N7 has iniormecl GEOTECNNICAI �NGINEER of C[.IENT's findings relative to the possible presence of such materials. Hazardous maieriais may exist at a site where there is no reason to beAeve they could or should be present. GEOTECHNICAI, ENGItJEER and CLIENT agree tliat the discovery ot unanticipated hazardous maierials constitutes a changed condition mandating a renegoUation of the scope of work or lermination of services, GEOT�GHNICAL ENGtiJE�R and CLIENT also agree Ihat the discovery of unanticlpated hazardous materlats may make it necessary ior GEOTECHNICAI. �NGiNE�R to take immedlate measures to protect health and safety. CLIENT agrees to compensate GEOTECHNICAL �tJGINE�R for any equlpment decontaminaiion or olher casts inc'sdent to the discovery of unanticipated hazardous materials. GEOTECHNICAI. �NGlNEER agrees to notify CLI�NT when unanticfpated haxardous materials or suapectad hazardous materlais arQ encountered. CLIENT agrees to make any d4sclosures required by law to the approprlate governing agencies. CLIENT also agrees !o hold GEOT�CHNICAL �NGINEER harmiess for any and ali oonsequences of discfosures made by G�OTECHNICAL ENGINEER which are required by governing law. in the event Ihe proJect site is not owned by CLI�N'(', CLf�NT recoynizes lhat it is CI,IENT'S responsibilily to inform the propedy awner of ths discovery of unanticipated hazardous materials or suspected hazardous materials. Notwithslanding any other provlsion of lhe AGRE�MENT, CLIGNT waives any clafm against G�OTECHNIGA� �NGINE�R arising irom G�0'fECHNICAL ENGIN�ER'S discovery o1 unanNclpated hazardous materials or suspected hazardous materiafs, inciuding, but not limited to, any casts created by delay of the project and any cost associatad with possibte reduction of the prop�rty's value. CLIENT will be responsible for ultimate disposal of any samples secured by GEQTECHNICAL ENGINEER which are found to be canlaminated. This inciudes any soil or rock cuttings, and contaminated drilling or wash water which is generated as a consequence af drilling aciivities. DISPUTES RESOI.UTION All cta(ms, dispules, and other matters fn controversy between G�OTECHNICAL ENGINEER and C�IENT arising out of or in any way related to this AGF2EEMEN7 will be submflted to "alternative dispute resolution" (ADR) before and as a conditfon precedenl to other remedies provided by law. If and to the extent CII�NT and GEOTECNNICA� ENGINEER hav� agreed on methods for resolving such disputes, then suoh methods wfll be set forlh In the "Aiternattve Dispute Resolution AgreemenP' whlch, if aitached, (s incorporated into and made a part of this AGREEMENT. If no specif'tc AOR procedures is set forth in titis AGREEMENT, then it shall be undetstood thak the parifes shall submit disputes to mediatfon as a condition precedent to Iltigation. If a dispute at law arises from matiers related to lhe services provided under this AGREEMENT and that dispute requires liligation instead of ADR as provided above, then: (1) Ihe ciaim wiil be brought and tried in judicial j�risdfction of the court ot the county where GEOTECHNICAL �NGiNEER's principal place of buslness is Iocated and CLIENT walves the right to remove ihe action to any other county or judicial Jurisdiction, and T�RMS - Page 2 of 3 ESTIMA7E NO. 13-A888R2 CMJ $NG[N�BRiNG, INC. (2) the prevalling party will be enlitled to recovery of all reasonable costs incurred, including staff iime, coud costs, ailorneys' fees, and oiher claim related expenses. GOV�RiJING I.AW ANQ SURVIVAL The law of the State of Texas will govern the validily of these TERMS, iheir inteipretation and performance, It any ot the provisfons contained in this AGR��MENT are held illegel, invalid, or uneniorceabie, the enforceabiilty of the remaining provisions will not be impaired. l.Imitations of liabilily and indemnities wfll suroive termination of this AGRE�MEN7 for any cause. ,z. 7he parties have read the foregoing, understand complstely the terms, and wlllingly enter Into thla AGR�EMENT which will become eifective on the date signad below by CUENT. CI.IENT By: Positlon GMJ G NEERING iNC. � � � t �r B : Garrett �. Williams, P.�. Presideni Position Date July 25 2013 paie T�RMS • Page 3 0( 3 ESTIMA'iE N0.13•4888R2 CMJ ENGiNF.FItING� INC.