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edges that field and other congMs may change by
<br />eject construction occurs and clay ion. adjustments.
<br />ns. discrepancies or other changes may be necessary to
<br />cftanged field or other conditions. If the scope of services
<br />,want to this agreement does not include on-site construction
<br />construction management, supervision of construction of
<br />I gineering structures, or other construction supervision for this
<br />project, or if subsequent to this agreement client retains other
<br />persons or entities to provide such services, client acknowledges
<br />that such services will be performed by others and client will defend,
<br />indemnify and hold consultant harmless from any and all claims
<br />arising from or resulting from the performance of such services by
<br />other persons or entities except claims caused by the sole negli-
<br />gence or willful misconduct of consultant, and from any and all
<br />claims arising from or resulting from clarifications, adjustments.
<br />modifications. discrepancies or other changes necessary to reflect
<br />field or other conditions, except claims caused by the sole
<br />negligence or willful misconduct of consultant.
<br />42 Client agrees that in accordance with generally accepted con-
<br />struction pitacdoes. construction contractor will be required to as-
<br />sume sole and complete responsibility forjob site conditions during
<br />the course of construction of the project, including safety of all
<br />persons and property; that this requirement shall be made to apply
<br />continuously and not be limited to normal working hours, and client
<br />further agrees to defend, indemnify and hold consultant harmless
<br />from any and an liability, real or alleged, in connection with the
<br />performance of services on this project, excepting liability arising
<br />from the sole negrgence of consultant.
<br />43. In die event dent discovers or becomes aware of changed field
<br />or other conditiorts which necessitate clarification, adjustments,
<br />modifications orother changes during the construction phase of the
<br />project client agrees to notify consultant and engage consultant to
<br />prepare the necessary clarifications, adjustments, modifications or
<br />other changes to consuttant's services or work product before con-
<br />struction activities commence or further activity proceeds. Further,
<br />client agrees to have a provision in its construction contracts for the
<br />project which requires the contractor to notify client of any changed
<br />field or other conditions so that client may in tum notify consultant
<br />pursuant to tte provisions of this paragraph.
<br />44. Client agrees to limit the liability of consultant, its principals and
<br />employees, to client and to all contractors and subcontractors on the
<br />project, for any claim or action arising in tort or contract, to the sum
<br />of $50,000 or consultant's fee, whichever is greater. However, if
<br />consultant's fee exceeds $250,000, liability to client and to all
<br />contractors and subcontractors shall not exceed $250,000.
<br />45. Client agrees to purchase and maintain, during the course of
<br />construction, builder's risk "all risk' insurance which will name con-
<br />sultant as an additional insured as their interest may appear.
<br />46. Consultant hereby s es and client hereby acknowledges that
<br />consultant has no prole al liability insurance for clams arising
<br />out of the performance of or failure to perform professional services,
<br />including, but not limited to the preparation of reports, designs.
<br />drawings and specifications, related to the investigation, detection,
<br />abatement, replacement, use or specification, or removal of prod-
<br />ucts, materials or processes containing asbestos, asbestos cement
<br />pipe, and/or hazardous waste materials. Accordingly, the client
<br />hereby agrees to bring no claim for negligence, breach of contract,
<br />indemnity or otherwise against the consultant, its principals, em-
<br />ployees, and agents if such claim, in any way, would involve the
<br />consultant's services for the investigation, detection, abatement, re-
<br />placement, use or specification, or removal of products, materials or
<br />processes containing asbestos, asbestos cement pipe, and/or haz-
<br />ardous waste materials. Clierd further agrees to defend, indemnify
<br />and hold harmless consultant, its officers, directors, principals, em-
<br />ployees and agents from any asbestos and/or hazardous waste
<br />material related claims that may be brought by third parties as a
<br />result of the services provided by the consultant pursuant to this
<br />agreement except claims caused by the sole negligence or willful
<br />misconduct of the consultant.
<br />47. Client acknowledges thatconsultant's scope of services forthis
<br />project do not include any services related in any way to asbestos
<br />and/or hazardous waste. Should consultant or any other party en-
<br />counter such materials on the job site, or should it in any other way
<br />become known that such materials are present or may be present
<br />on the job site or any adjacent or nearby areas which may affect
<br />censuftant's services, consultant may, at its option, terminate work
<br />on the project until such time asclient retains a specialist contractor
<br />to abate and/or remove the as-lestos and/or hazardous waste ma-
<br />terials and warrant that the job site is free from any hazard which may
<br />result from the existence of such materials.
<br />48. (a) Notwithstanding any otter provision of this Agreement and
<br />except for the provisions of (b) and (c), if a dispute arises regarding
<br />consultant's fees pursuant to tfhfs contract, and if the fee dispute
<br />cannot be settled by discussions between client and consultant,
<br />both client and consultant agree to attempt to settle the fee dispute
<br />by mediation through the American Arbitration Association (or other
<br />mediation service] before recourse to arbitration.
<br />If mediation does not resolve the fee dispute, such dispute shall
<br />be settled by binding arbitration in accordance with the Construction
<br />Industry Arbitration Rules of the American Arbitration Association,
<br />and judgment upon the award rendered by the Arbitrator(s) may be
<br />entered in any court having jurisdiction thereof.
<br />(b) Subdivision (a) does not preclude or limit consultant's right
<br />to elect to file an action for collection of fees if the amount in dispute
<br />is within the jurisdiction of the small claims court.
<br />(c) Subdivision (a) does not preclude or limit consultant's right
<br />to elect to perfect or enforce applicable mechanics lien remedies.
<br />IN WITNESS WHEREOF, the parties hereby execute this agreement dated 7-18-2000 upon the terms and conditions
<br />stated above.
<br />Client CAL STATE MORTGAGE CO., INC. Consultant WONG ENGINEERS, INC.
<br />Rrwaiyps --- ®r,p. ---------
<br />3y By ---
<br />Jame/Title Name/Title C. CHANCE WONG, CO-OWNER
<br />2000
<br />)ate Signed Date Signed JULY 18,
<br />Iroject Number — _ Project Number —_ 3315
<br />Client should mail completed contract to the address shown for consultant.
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