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HomeMy WebLinkAboutContract 44647-A1 AMENDMENT NO. 1 to AGREEMENT for ARCHITECTURAL DESIIGN SERVICES MULTI-PURPOSE PAVILION at W'ILL ROGERS MEMORIAL CENTER STATE, OFTEXAS § COUNTY OF TARRANT § CITY SECRETARY CONTRACT N . 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 "1'6th day of July, 2013; and WHEREAS, further amendment is necessary for additional design services to increase the scope of work for geote hnical 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* 1. Article 1.1, SECTION I ­SERVICES OF THE ARCHITECT, a paragraph is added to read as follows- "Provide additional design services to include the geotech,nical 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-Purpos,e Pavilioln (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. EXECUTED this the day of 2013, in Fort Worth, Tarrant County, Texas. T Hahnfeld Hol APPROVED-__ 00 By: By. Eric L.%S'ahil AIA Fernando Costa Principal Assistant City Manager /017 APPRO CO MENDED: RECORD*I L VZAC.0 M D D COONJ 0 �4k B . By- D)ouglas N ouglas Wiersig, PE a J. Kayser _F )ire t 00H 0 0 . s Director, ans,poirtation & Public Wor Dept. City Secretary APPROVED AS TO FORM Al D LEGALITY: M&C (No M U , 0% Contract Authorization 0 0 0040 By: 0 0 a 0 Date* n. 0000o S 11 00 7 Attorney ttc y CITY S:EC,RETPARY R E C E I V E .0 AUGi 2 2015 t FT* T H,TX 0 Hahnfeld Hcyftr Stanford July 26,, 2013 Revised JDuly 29, 2013, Mr. Alfonso Me 'a Registered Architect City of Fort Worth Transportation & Pu,blic Works Department Facilities Management Group/Architectural Services 401 West 11 3th Street Fort Worth, TX 76102-4616 Rea- Proposal for Additional Services City of Fort Wort , Texas Will Rogers Memorial Center Multipurpose Pavilion, (Amendment No. 1,) Dear Mr. Meta: 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 ExhlbitK; attached hereto. $28,000.00 2. CMJ Engineering, Inc., addition, of Geotechnical Engineering Services not included in original Contract, per Exhi�blit "B'; attached hereto. $ 71031-00 Total request,for Contract Amendment $35,0311-00 If you have any additional questions or colmmee ts, please advise. Sincerely, HAHNFELD HOFFS, STANFORD architee Is planners Interiors Eric L. H,ahnfeld, AIA, Principal Cc: David R. Stanford, AIA- Hahnifeld Hoff er Stanford, Attachments, Exhibit "IA": Dunaway Associates, L.P,, Amendment Exhib lit 'B': CIVIJ Engineering, Inc., Fee Proposal ...............--............--.-.................. ............-.-.................... X A AUTHORIZATION Np DUNAWAY FOR CONTRACT AMENDMENT Moo 7/29/13 Amendment No.: 1 Dunaway No.: 13000766,002, Project Name: Wl Multi-Purpose Pavilion Attn,,, David Stanford Client: I-lahnfeld Hoffer Stanford Address,: 200 Bailey Avenu�e, Suite 200, Fort Worth, Texas 76107 Hereby requests and authorizes Dunaway,Associates, Le P. (Dunaway)to perform the following additional services: Scope: Dunaway shall , Scope of Work Public Civil Improvements 1. Sgparate Instrument Easements, — Dunaway will prepare Separate Instrument Easements (two) for the removal and relocation of the existing sanitary sewer main in accordance with City of Fort Worth requirements. This easement will be based upon a Final Piat Survey compfeted by Gorrondona & Associates, Inc. The easement will be signed and sealed by a Registered Professional Land Surveyor licensed In the State of Texas and will be submitted for approval by the City of Fort Worth and subsequently to the County Clerk's office for recording. Dunaway will set final lot pins in accordance with the City's criteria, 2. Civil ConstrLiCtion Plans—Public Imp[qvements—Dunaway will prepare construction plans,for the pLiblic infrastructure improvements reqUired for this project. These improvements consist of re- routing the existing public sanitary sewer main south of the proposed Multi-purpose Pavilion. These plans and specifications will be signed and sealed by a Registered Professional Engineer licensed in the State of Texas,and will be processed with the City of Fort Worth for approval and construction.A tentative list of drawings anticipated to be created follows: Cover Sheet, Sanitary Sewer Plan and Profiles Utillity,Detaills, Paving Improvements Paving Details Erosion Control Plan Erosion Control Details, Private ClIvill Improvements 1 Intecirated SLorm, er Manag!prnent.J1qWM)Construction Plan A Final, iSWM Construction Plan and Grading Permit will be required for thls project because the disturbed area will exceed 0.60 acres. Dunaway will prepare and submit an iSW'M plan that will identify how runoff still be handled during construction of the proposed paving improvements. Dunaway will assist the owner In preparing the necessary(10CLIments,to obtain,this permit. BQ00766.002-VVRMG W41-Pu(pou Pvvfts P, al De s,409 CAA 1-2013-0729 550 Ooifoy,Avc,quo,Suite 40 0 rof I W601 I, re"o'y"I 761011 lol:61 Y.335.1121 Z! Fox,81,/.3353431 AUTHORIZATION FOR CONTRACT AMENDMENT WRMC Multi-Purpose Pavilion Page 2 July 29,12013 Notes., Services covered by this authorization shal�l be performed in accordance with the Dunawciy "Standard Terms&Conditions,"under the original Agreement dated JLJly 1611 2013. PRIOR CONTRACT AMOUNT',- $3�6 20!0,00 Lump,Sunn Services CONTRAC�T'AMENDMENT AMOUNT: $2 0 Liu Sum Services 13EVIIISED CONTRACT AMOUiNT: $64, 00.00 LuMp Surn, Services Respectfully stibmitted,, RUNAWAY ASSOCIATES, L.P., reed& AIce a Texas limited partnership HAHNFELD HOFFER STANFORD 0 l0ei By," Taylorl r Project Mann er r Name:,- Title.* Date: Thdrnas 10, Fluffhifies,No Preisident Attachments JST/Mlb p. AEI Iq Ri yyd 80ooJ66.002-WRMC h1ofti-poipose PavWon PdVQ1V Design CA01-2013-0729 EX I I Av, 7636 Pebble Drive ENGINEERING, INC. Fort Warth,'rexas 76118 Mi wwwocinjengrcont 000-1 1" sm.mim� WIN-- 0-- 0 Estimate No. 13-48,8882 July 25, 2013 Hahnfeld Hoffer Stanford 200 Balillie,y Avenue, Suite 2,00 Fort Worth, Texas At,t,n., Mr. Eric Hahnfeld, CIA Principal, REVISED ESTIMATE FOR. GEOTECHNICAL ENGINEERING SERVICES WILL ROGERS MEMORIAL CENTER MULTI-PURPOSE PAVILION FORT WORTH,, TEXAS Dear Mr. Hahnfeld., INTRODUCTION C Engineering,, Inc. (CMJ) is pleased to submit a revised estimate for providing geoltechnicall engineering services in conjunction with the above referenced project. We prepared this revised estimate based on a conversation and email from Mr. David Stanford, AIA with Hahnfeld Hoffer Stanford and on the preliminary scope submitted to this office. The project, as currently planned, will consist of a multi-purpose pavilion on the north side of the Richardson-Bass building, For purposes of this estimate, it is assumed that all blorin!gs, are accessible to truck-mounted drilling equipment. In addition:,, it is assumed 'that no underground utilities exist at boring locations. Phone(817)284-9400 Fxx(8 17)589-9993 Metro(81 7) 5,89-9992 TA CMJ ENGINEERING,INC. Hahnfeld Hoffer Stanford Estimate o. 13-488882 July 25,2013 Page 2 SCOPE OF SERVICES I. BASIC SERVICES A. SUBSURFACE EXPLORATION Based on past experience in the vicinity of the project, we anticipate subsurface conditions to consist of clays and sands overlying limestone. The depth to ulnweathered gray limestone is anticipated to be up t©45 feet, below existing grade. As requested, experienced drillers and technicians will evaluate subsurface conditions with a total of 6 sample borings. Two (2) of the borings will be extended up! to 5 feet into the gray limestone to a total depth of 50 feet below existing grades. The remaining 4 borings will be extended to atotal depth of 25 feet. The field personnel will drill the borings, using truck-mounted equipment, Cohesive and non- cohesive, soil samples will be obtained using 3-inch diameter Shelby tube samplers and 2-inch d,iamiet,er standard split-spoon samplers, respectively. In addition, rock encountered will be evaluated by use of Texas Department of Transportation (TxDOT) clone penetration tests,. A soils logger will extrulde the samples in the field, check the samples for conslistency with a hand penetrometer, carefully wrap them to preserve 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 I's personnel will stake the boring locations using normal taping procedures, Approximate locations of the borings, will be shown on the plan of borings. Precise surveying of boring locations, and elevations is not 'Included in the cost estimate. These services may be provided as Additional Services upon request, At the completion of drilling operations,l ore lies will be back filled with drill cutfings, and plugged at the surface by hand tamping. B. LABORATORY SERVICES Considering the planned facilities, anticipated soil conditions and geology, laboratory tests will be required for classification purposes, and to determine strength characteristics. The following types of tests are therefore recoimmended. 0 moisture content and soil identification 0 liquid and plastic limit determinations 0 unconfined compression,tests on soil 0 unit weight determinations absorption pressure and/or or pressure swell tests, The specific types and quantities of' tests will be determined based on geologic conditions encountered in the borings. ­11._­,,,...................... CM J ENGINEERING,INC. H'ahnfeld Hoffer Stanford Estimate No. 13-488882 July 25,2013 Page 3 C, ENGINEERING SERVICES An engineering report will be prepared to present the results of the field and laboratory data together with our analyses of the results and recommendations, We will provide 2 copies of the report. The report will address., • general sof*l and ground-water condition s • recommend ations for foundation type, depth and allowable loading, • rninirrium penetration of piers to resist uplift (if required) • foundation construction requirements • recommendations for floor slab support, including an evaluation of the swell characteristics of the sub rode soils • earthwork recommendations • guidelines for pavement design Items other than those specified above, which are revealed by these studies or are necessitated by a change in project 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 11. D. COMPENSATION FOR BASIC SERVICES It is proposed that the Basic Services described above be performed on a unit price basis, in accordance with the attached Basic Services Cost Estimate. Based' on the anticipated scope and the attached Basic Services Cost Estimate, the total cost of the Basic Services is $7,031. This cost for Basic Services will not be exceeded without prior authorization. The estimated costs shown in this proposal are based on the anticipated soil conditions. The final in will be based on the specific quantities drilled and tested. If unanticipated, conditions are encountered during drilling, we will notify you accordingly, Eff SCHEDULE FOR BAS11C SERVICES Weather permitting,, we plan to initiate these studies, vAthin 4 days of receipt of notice to proceed, and anticipate that 2 working days will be required to complete the subsurface exploration for the site (weather conditions permitting), You will receive the final report approximately 2 weeks following the completion of the field phase. We will make preliminary design data,available sooner if necessary, YV C ENGINEERING,, INC. Hahnfeld,Hoffer Stanford Estimate No, 13-4888R2 July 26,2013 Page 4 11, ADDITIONAL SERVICES: A, AUTHORIZATION AND SCOPE Additional Services will be performed only" if specifically requested and authorized by Client. Additional Services may consist of the following, • Additional, subsurface exploration, including quantities, or 'items other than described in Basic Services, • Bulldozer or other equipment services required to achieve access to boring locations. 40 Stand-by time or time in excess of one-half hour required foir travel between boriing locations. Additional, laboratory services, including, quantities or items other than described in Basic Services. Additional insurannce coverage or limits if available) other than CMJ's standard policies, Additional engineering: services, including personnel time and expenses for items not specifically described in Basic Services, This may include, but is not limited to, additional meetings requested by Client or Client's other consultants,, assistance to Client in dealing with regulatory agencies, preparation, and engineering assistance in legal proceedings, and evaluation of alternative designs for the project, or relocation of structure, following, initial submittal, of the geotechnical report. o Additional copies of the report, other than the number described in Basic,Services. a Any other required or requested services authorized by Client, other than those specifically described in Basic Services. B. COMPENSATION AND SCHEWLE FOR ADDITIONAL SERVICES Additional Services,, when authorized by Client, will be in accordance with our Schedule of Fees. Additional Services will be performed at reasonable times and within reasonable s,c,hedulles as requested by Client, Authorized,Additional Services will be billed as a separate item on invoices and a description, of the Additional,, Services will be provided,. Ill. TERMS AND CONDITIONS The scope of services, will be performed pursuant to the attached CM J 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 Engineering Services and return one complete copy of this proposal as your ENGINEERING,INC, Hahnfeld Hoffer Stanford Estimate No. 13-488882, Jiully 25t 20113 Page 6 authorization to proceed. Facsimile signatures shall be sufficient unless onginals are requested by a third party. Do not hesitate to c�a:ll if you have any questions or 'if you have Suggestions regarding changes to the agreement or to the proposed scope of services. We look forward to working with Hahnfeld Hoffer Stanford and its consultant$ on this project. Respectfully submitted, CMJ'ENGINEERIN(;,, INC. AO% A Garrett E. i i sI P.E. President copies submit,ted., (1) Mr. Eric Hahnfeld, AIA; Hahnfeld Hoffer Stanford (email ail) TERMS FOR GEOTECHNICAL ENGINEERING SERVICES THE AGREEMENT This AGREEMENT is made by and between CMJ ENGINEERING, INC,, hereinafter referred to as GEOTECHNICAL ENGINEER, and HAHNFELD HOFFER STANFORD,hereinafter referred to as CLIENT, The AGREEIVIENTbetween the parties consists of these TERMS, the attached estimate identified as Estimate No. 13-4888R2, dated July 25, 2013 and any exhibits or attachments noted,In,the ESTIMATE. Together, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations,correspondence,or agreements either written or oral.Any changes to this AGREEMENT must be mutually agreed to In writing. STANDARD OF CARE CLIENT recognizes that subsurface conditions may vary from those observed at locations where boriings, surveys,or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by GEO�TECHNICAL ENGINEER will be based solely on Information available to GEOTECHNICAL ENGINEER. GEOTECHNIiCAL ENGINEER is responsible for those data,interpretations,and recommendations,but will not be responsible for other parties'interpretations or use of the Information developed. Servmies performed by GEOT'ECHNICAL ENGINEER under this AGREEMENT are expected by CLIENT to be conducted' In a manner consistent with the level of care and skill ordinarily exercised by members of the geotechnical engineering profession practicing contemporaneously under similar conditions in the locality of the project. Under no circumstance Is any warranty, expressed or Implied,made In,connection with the providing of geotechnical engineering services. SITE,ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for GEOTECHNICAL ENGINEER to perform the work set forth in this AGREEMENT. CLIENT will notify any and all possessors, of the project site that CLIENT has grante,d GEOTECHNICAL ENGINEER free access to the site. GEOTECHNICAL ENGINEER will take reasonabile precautions to minimize damage to the site,,buit it Is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage is not part of this AGREE,ME'NT'unless,so specified In the ESTIMATE. CLIENT is responsible for accurately delineating, the locations of all subterranean structures and utilities. GEOTE'CHNICAL ENGINEER will take reasonable precautions to avoid known subterranean ,structures, and CLIENT waives any, claim against GEOT'ECHNICAL ENGINEER arising from damage done to subterranean structures and utilities not Identified or accurately located. SAMPLE DIS�PO�SAL GEOTECHNICAL ENGINEER will retain samples transported to the geotechnIcal laboratory for testing for a period of thirty (30) days following submission of the report covering those samples. Further storage or,transfer of samples can be made at CLIENT's expense upon CLIENrs prior written,request. MONITORING If GEOTECHNICAL ENGINEER is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other field activities as set forth in the ESTIMATE, then this phrase applies. For the specified assignment, GEOTECHNI'CAL ENGINEER will report observations and professional opinions to CLIENT., No action of GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER'S site representative can be construed as altering any AGREEMENT between CLIENT and, others. GEOTECHNICAL ENGINEER will report to CLIENT any observed, gootechnically-re�lated work which, In GEOTECHNIICAL ENGINEER'S professional, opi:n,ion, does not conform with plans and, specifications.The GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved' solely for CLIENT, Furthermore, GEOTECHNICAL ENGINEER'S presence on site does not In any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or constructio,n-related services, GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction or other field activities selected by any agent or agreement or CLIENT, or safety precautions and programs incident thereto. BILLING AND PAYMENT CLIENT'will pay GEOTECHNICAL ENGINEER,In accordance with the procedures indicated in the ESTIMATE and Its attachments. invoices,will be submitted to CLIENT by GEOTECHNICAL ENGINEER,and will be due and payable upon,presentation. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify GEOTECHNI�CAL ENGINEER in writin�g within fourteen (14) calendar days of the Invoice date,identify the cause of disagreement,and pay when due that portion,of the Invoice not in,dispute.In the absence of written notification described above,the,amountas stated on the Invoice will be paid. Invoices are delinquent if payment has not been received within thidy (30) days from date of invoice. At the option of [he GEOTECHNICALENGINEER,CLIENT will pay an additional charge of one-and-one-half(1.5)percent per month(or the maximum percentage allowed by law,whichever is lower)on any delinquent arnount,except for any portion of the:Invoiced amount in d�ispu�te and resolved In favor of CLIENT. Disputed amounts withheld by the client which are subsequently resolved In favor of the geotechnical engineer will carry the additional charge, as desc(ibed above, effective thirty(3,0) days from the date of the original invoice. In the event CLIENT fails to pay GEOTECHNICAL ENGINEER within sixty(60)days after invoices are tendered,CLIENT TERMS-Page 1 of 3 ESTIMATE NO.13-4888R2 CMJ ENGINEER INC,INC. agrees that GEOTECHNICAL ENGINEER will have the right to consider the failure to pay the G50TECHNICAL ENGINEER's invoice as a breach afthis AGREEMENT. TERMINATION *rhis AGREEMENT may be terminated by either party seven(7)days after written notice In the event of any breach of any provision of this AGREEMENT or in the event of substantial failure of performance by the other party, or if CLIENT suspends the work for more than three(3)month�s, In the event of termination, GEOTECHNICAL ENGWEER will be paid for services performed prior to the date of termination plus reasonable termination expenses,including,but not limited to the cost of completing analyses,records, and reports necessary to document job status at the time of termination. RISK ALLOCATION Many risks potentially affect GEOTECHNICAL ENGINEER by virtue of entering into this AGREEMENT to perform professional engineering services on,behalf of CLIENT.The principal risk is the potential for huma�n,error by GEOTECHNICAL ENGINEER. For CLIENT to obtain the benefit of a fee which Includes a nominal allowance for dealing with GEOTECHNICAL ENGINEER's liability, CLIENT agrees to lim�it GEOTECHNI,CAL ENGINEER'S liability to CLIENT and to all other parties, for claims arising oluit of GEOTECH,NICAL ENGINEER'S performance of the services described in this AGREEMENT. The aggregate liability of G:EOTECHNICAL ENGINEER will not exceed the limits of the GEOTECHNICAL ENGINEER'S Insurance for negligent professional acts,errors,or omissions. Limitations on, liability, and Indemnities in this AGREEMENT are business understandings between the parties voluntarily and knowingly entered into, and shall apply to all theories, of recovery including, but not limited to breach of contract, warranty, tort (Including negligence),strict or statutory liability,,or any othet cause of action,except for willful misconduct or gross negligence.The parties also agree that WENT will not seek damages in excess of the limitations indirectly through suits with other parties who may join GEOTECHNICAL ENGIINEER as,a third-partly defendant, Parties mean CLIENT and GE,OTECH,NICAL ENGINEER,and their officers.emp�loyees,agents,affiliates,and suibcontra,ctors. Both CLIENT and GEOTECHNICAL ENGINEER, agree that they will not be liable to each other, under any circumstances, for special,Indirect,consequential,or punitive damages arising out,of or related to this AGREEMENT. DISCOVERY OF UNANTICIPATED HAZARDOU'S MATERIALS CLIENT'represents that,CLIENT has,made a reasonable effort to evaluate if hazardous materials are on or near the project site,and that CLIENT has informed GEOTECHNICAL ENGINEER of CLIENT's findings relative to the possible presence of such materials. Hazardous materials may exist at a site where there is no reason to believe they,could or should be present. GEOTECHNICAL ENGINEER and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition ma,ndating a renegotiation of the scope of wo(k or termination of services, GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and safe�ty. CLIENT agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs Incident to thediscovery of unanticipated hazardous materials. GEOTECHNICAL ENGINEER agrees to notify CLIENT when unanticipated,hazardous materials or suspected hazardous materials are encountered. CLIENT agrees: to make any disclosores required by law to the appropriate governing agencies. CLIENT also agrees to hold GEOTECHNICAL ENGINEER harmless (or any and all consequences of disclosures,made by GEOTECHNICAL ENGINEER which are required by governing law.In the event the project site Is not owned by CLIENT,CLIENT recognizes that It Is CLIENT'S responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. Notwithstanding any other provision of the AGREEMENT,CLIENT waives any claim against GEOTECHNICAL ENGINEER arising from GEOTECHNICAL ENGINEER'S discovery of unanticipated hazardo�u�s,materials or suspected hazardous materials, including, but not limited to,any costs,created,by delay of the project and any cost associated with possible reduction of the property's value, CLIENT will be responsible for ultimate disposal of any samples secured by GEoTECHNIGAL ENGINEER which are found to be con'laminated,This Includes,any soil or rock cuttings,and contaminated drilling or wash water which Is generated as a consequence ofdrilling activities, DISPUTES RESOLUTION All claims,di�sputes,,and other matters In controversy between,GEOTECHNICAL ENGINEER and CLIENT arising out of of In any way related to this AGREEMENT will be submitted to"alternative dispute resolution"'(ADR)before and as a condition precedent to other remedies provided by law. If and to the extent CLIENT and GEOTECHN�ICAL ENGINEER have agreed: on methods for resolving such disputes,then such methods will be set forth In the"Alternative Dispute Resolution Agreemenf'whIch,if attached,Is incorporated into and made a part of this AGREEMENT.If no specific ADR procedures Is set-forth in this AGREEMENT,then it shall be understood that the parties shall submit disputes to mediation as a condition precedent to litigation. If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation instead of AD�R as provided above,thew 0) the claim will be,brought and tried in judicial jurisdiction of the court o�f the county where G�EOTECHNI'CAL ENGINEER"s principal place of business is located and CLIENT waiv�es the right to remove the action to any other county or Judicial Jurisdiction,and TERMS-Page 2 of 3 ESTIMATE NO,113-4888R2 CMJ ENGINEERING,INC v o il lip 4 M 1 w Alb .. SIP �r 9r