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funher acknowledges that field and other co ions may change by the time project construction occurs and cl ation, adjustments. 46. Consultant hereby ates and client hereby acknowledges that consultant has no pro onal liability insurance for claims arising modifications, discrepancies or other changes may be necessary to out of the performance o or failure to perform professional services, reflect,chariged field or other conditions. If the scope of services including, but not limited to the preparation of reports, designs. pursuant to this agreement does not include on-site construction drawings and specifications, related to the investigation, detection, review, construction management, supervision of construction of abatement, replacement, use or specification, or removal of prod - engineering structures, or other construction supervision for this ucts, materials or processes containing asbestos, asbestos cement pipe, and/or hazardous waste materials. Accordingly, the client project, or if subsequent to this agreement client retains other hereby agrees to bring no claim for negligence, breach of contract, persons or entities to provide such services, client acknowledges indemnity or otherwise against the consultant, its principals, em - that such services will be performed by others and client will defend, ployees, and agents if such claim, in any way, would involve the indemnify and hold consultant harmless from any and all claims consultant's services for the investigation, detection, abatement, re - arising from or resulting from the performance of such services by placement, use or specification, or removal of products, materials or other persons or entities except claims caused by the sole negli- processes containing asbestos, asbestos cement pipe, and/or haz- or willful misconduct of consultant; and from any and all ardous waste materials. Client further agrees to defend, indemnify claims arising from or resulting from clarifications, adjustments, and hold harmless consultant, its officers, directors, principals, em - modifications, discrepancies or other changes necessary to reflect ployees and agents from any asbestos and/or hazardous waste chanj ed field or other conditions, except claims caused by the sole material related claims that may be brought by third parties as a negligence or wil ful misconduct of consultant. result of the services provided by the consultant pursuant to this 42. Client agrees that in accordance with generally accepted con- agreement except claims caused by the sole negligence or willful struction practices, construction contractor will be required to as- misconduct of the consultant. sume sole and complete responsibility forjob site conditions during 47. Client acknowledges thatconsultant's scope of services for this the course of construction of the project, including safety of all project do not include any services related in any way to asbestos persons andproperty; that this requirement shall be made to apply and/or hazardous waste. Should consultant or any other party en - con ' and not be limited to normal wonting hours, and client counter such materials on the job site, or should it in any other way further agrees to defend, indemnify and hold consultant harmless become known that such materials are present or may be present from any and all liability, real or alleged, in connection with the on the job site or any adjacent or nearby areas which may affect performance of services on this project, excepting liability arising consultant's services, consultant may, at its option, terminate work from the sole negligence of consultant. on the project until such time asclient retains a specialist contractor 43. In the event client discovers or becomes aware of changed field to abate and/or remove the aechestos and/or hazardous waste ma - or other coniditions which necessitate clarification, adjustments, terials and warrant that the job site is free from any hazard which may modifications or other changes during the oonstruction phase of the result from the existence of such materials. project, client agrees to notify consultant and engage consultant to 48. (a) Notwithstanding any otter provision of this Agreement and prepare the necessary clarifications, adjustments, modifications or except for the provisions of (b) and (c), if a dispute arises regarding other changes to consultant's services or work product before con- consultant's fees pursuant to this contract, and if the fee dispute structilon activities commence or further activity proceeds. Further, cannot be settled by discussions between client and consultant, client agrees to have a provision in its construction contracts for the both client and consultant agree to attempt to settle the fee dispute project which requires the contractor to notify client of any changed by mediation through the American Arbitration Association for other field or other condi ions so that client may in tum notify consultant mediation service) before recourse to arbitration. pursuant to the provisions of this paragraph. If mediation does not resolve the fee dispute, such dispute shall 44. Client agrees to limit the liability of consultant, its principals and be settled by binding arbitration at accordance with the Construction employees, to client and to all contractors and subcontractors on the Industry Arbitration Rules of the American Arbitration Association, project for any claim or action arising in tort or contract, to the sum and judgment upon the award rendered by the Arbitrator(s) may be of $50,000 or consultant's fee, whichever is greater. However, if entered in any court having jurisdiction thereof. consulta nrs fee exceeds $250,000, liability to client and to all (b) Subdivision (a) does not preclude or limit consultant's right contractors and subcontractors shall not exceed $250,000. to elect to file an action for collection of fees if the amount in dispute 45. Client agrees to purchase and maintain, during the course of is within the jurisdiction of the small claims court. construction, builder's risk "all risk" insurance which will name con- (c) Subdivision (a) does not preclude or limit consultant's right sultant as an additional insured as their interest may appear. to elect to perfect or enforce applicable mechanics lien remedies. IN WITNESS WHEREOF, the parties hereby execute this agreement dated stated above. Client CAL STATE MORTGAGE CO., INC_ a.rW type By sy"eea�e Name/Title Date Signed _ Project Number Form A 7-18-2000 upon the terms and conditions Consultant WONG ENGINEERS, INC_ R rip. By — -- Name/Title C. CHANCE WONG, CO–OWNER Date Signed JULY 18, 2000 Project Number — 3315 Client should mail completed contract to the address shown for consultant.