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pursuant to this agreeWnt, produces plans, tions or inactions of g mental I Ctienr Initials i Consultant initials'
<br />or other documents and/or performs field services, agencies including, but not limited
<br />specifications. and other documents and/or field to, permit processing, environ-loovirW I
<br />by one or more governmental agency, and one mental impact reports, dedica- -- — --1----._—_,
<br />I agency changes its ordinances, poli- tions, general plans and amendments thereto, zoning.matters, an -
<br />or requirements after the date of this agreement, nexations or consolidations, use or conditional use permits, project
<br />,
<br />or thereby required shall be paid or plan approvals, and building permits. The client agrees that it is
<br />the responsibility of the client to maintain in good standing all gov-
<br />s fee schedule changes due to any in- emment approvals and permits and to apply for any extensions
<br />of wage inaeases and/or other thereof.
<br />Or dfice employees due to the terms of 33. In the event that client institutes a suit against consultant, either
<br />*V h6WSWOORWIL or &0 in " cost of ® during the lifetime directly bycomplaintorbywayofcross-complaint,including across-
<br />p&OVVaV 6XAMO &W be applied to all complaint for indemnity, for alleged negligence, error, omission, or
<br />other failure to perform. and if client fails to obtain a judgment in
<br />clilem's favw. ft lawsuit is dismissed, or if judgment is rendered for
<br />to pay consultant all costs of defense,
<br />yanorneys'lleo&W*tkfees, court costs, and any
<br />t payments
<br />«. t ng issal of the case or upon
<br />M
<br />i' its he d liar b1► twrtt ewa entry of judgment.
<br />2114 t a tt'W tiw design services performed purse- 34. If any action at law or equity, including an action for declaratory
<br />n fold and other conditions relief, is brought to enforce or interpret the provisions of this
<br />existing at the tirne dwse services were performed. Client furtherac- agreement, the prevailing party shall be entitled to reasonable
<br />la es that field and other conditions may change by the time attorneys' fees, which fees may be set by the court in the same
<br />project construction occurs and Clarification, adjustments, modifica- action or in a separate action brought for that purpose, in addition to
<br />tions and other changes may be necessary to reflect changed field any other relief to which he may be entitled.
<br />or other conclitions. If the scope of services pursuant to this agree- 35. Client agrees that in the event client institutes litigation to
<br />ment does not include constriction staking services by consultant enforce or interpret the provisions of this agreement, such litigation
<br />for'this project. orifsubsequenttothis agreementclientretains other is to be brought and adjudicated in the appropriate court in the
<br />persons or entities to provide such staking services, client acknowl- county in which consultant's principal place of business is located,
<br />edges that such staking services will be performed by others and and client waives the right to bring, try or remove such litigation to
<br />that client will defend, indemnify, and hold consultant harmless from any other county or judicial district.
<br />any and all Claims arising from or resulting from the performance of 36. Consultant makes no representation concerning the estimated
<br />such staking services by other persons or entities except claims quantities and probable costs made in connection with maps, plans,
<br />caused by the sole negligence or willful misconduct of consultant; specifications, reports or drawings other than that all such costs are
<br />and from any and all claims arising from or resulting from clarifica- estimates only and actual costs will vary. It is the responsibility of
<br />tions, adjustments, modifications or other changes which may be client to verify costs.
<br />necessary to reflect changed field or other conditions except claims 37. Client acknowledges that consultant is not responsible for the
<br />caused by the sole negligence or willful misconduct of consultant. performance of work by third parties including, but not limited to, the
<br />29. Client shall pay the costs of checking and inspection fees, construction contractor and its subcontractors.
<br />zoning and annexation application fees, assessment fees, soils 38. Consultant makes no warranty, either expressed or implied, as
<br />engineering fees, soils testing fees, aerial topography fees, and all to his findings, recommendations, plans, specifications, or profes-
<br />other fees, permits, bond premiums, title company charges, blue- sional advice except that the services or work product were per -
<br />prints and reproductions, and all other charges not specifically formed pursuant to generally accepted standards of practice in
<br />covered by the terms of this agreement. effect at the time of performance.
<br />30. Client acknowledges and agrees that if consultant provides sur- 39. Estimates of land areas provided under this agreement are not
<br />veying services, which services require the filing of a Record of to be considered precise unless consultant specifically agrees to
<br />Survey in accordance with Business and Professions Code Section provide the precise determination of such areas.
<br />8762, that all of the costs of preparation, examination and filing for 40. In the event the client agrees to, permits, authorizes, constructs
<br />the Record of Survey will be paid by client • as extra work in or permits construction of changes in the plans, specifications, and
<br />accordance with Provision 26. documents ordoes not follow recommendations or reports prepared
<br />31. Consultant is not responsible for delay caused by activities or by consultant pursuant to this agreement, which changes are not
<br />factors beyond consultant's reasonable control, including but not consented to in writing by consultant, client acknowledges that the
<br />limited to, delays by reason of strikes, lockouts, work slowdowns or changes and their effects are notthe responsibility of consultant and
<br />stoppages, accidents, acts of God, failure of client to furnish timely client agrees to release consultant from all liability arising from the
<br />information or approve or disapprove of consultant's services or use of such changes and further agrees to defend, indemnify and
<br />work product promptly, faulty performance by client orothercontrac- hold harmless consultant, its officers, directors, principals, agents
<br />tors or governmental agencies. When such delays beyond and employees from and against all claims, demands, damages or
<br />consultant's reasonable control occur, client agrees consultant is costs arising from the changes and their effects.
<br />not responsible in damages nor shall consultant be deemed to be in 41. Client acknowledges that the design services performed pursu-
<br />default of this agreement. ant to this agreement are based upon field and other conditions
<br />32. Consultant shall not be liable for damages resulting from the ac- existing at the time of preparation of consultant's services. Client
<br />Form A Page 3 of 4
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