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Environmental Inspection - DMG, Inc. - 2015-12-18 DMG,Inc D 2618 San Miguel Dr.,ste 290 M Newport Beach,CA 92660 IG Ph. 949-825-7786, Efax: 949-625-9777 Environmental Sciences&Inspection Services www.DMGinsDcctions.com December 28, 2015 Costa Mesa Sanitary District Scott Carroll Care of:Wendy Davis 628 W. 19th Street Costa Mesa, CA 92627 949.645.8400/ wdavis@crosdca.gov; scarroll@cmsdca.gov RE: Building Inspection and 1527-13 Phase I Environmental Site Assessment located at 290 Paularino Ave Costa Mesa, CA, 92626 Dear Scott Carroll: This letter and the attached General Conditions (the"Agreement") will set forth the agreement by and between DMG, Inc. (hereinafter "CONSULTANT") and for Costa Mesa Sanitary District (Hereinafter called "CLIENT") in connection with CONSULTANT's services (the "Services") consisting of a Building Inspection and 1527-13 Phase I Environmental Site Assessment at the property located at 290 Paularino Ave, Costa Mesa, CA 92626(hereinafter called "the Project"). SCOPE OF WORK: BUILDING INSPECTION • Conduct a site visit • Evaluate the building and site of deferred conditions • Written comprehensive photographic digital report. • Report Completed within 24-48 hours of site inspection. All DMG reports are delivered in a digital pdf. file. Printed, bound & mailed copies can be provided upon request for an additional fee. Fees will vary based on the number of pages,color copies&binding preferences. Building & Site Inspection Services DMG's Comprehensive Commercial Real Estate Building Inspection visually observes and identifies the physical condition and surrounding site of deferred conditions for pre-acquisition and due diligence service. Each report includes written and photographic notation of deferred conditions and recommends appropriate trades when further evaluation is needed. Photographic written report includes the following categories: ✓ Structure ✓ Electrical ✓ Heating/Air Conditioning ✓ Ventilation ✓ Plumbing ✓ Roofing • Interior ✓ Exterior Audit of the following installations: ✓ Roofing membrane: Including soffits,flashing ✓ Parking lot: Potential for paving deterioration ✓ Offices: Condition of architectural finishes ✓ Structural components: Foundation, Floor, Walls, Ceiling& Roof Structure ✓ Interior: Components:Windows, doors, stairs,flooring, wall coverings ✓ Exterior: Walls, doors, windows, woodwork, decks, grading, sidewalks, parking lots, retaining walls, fence, signage Confidential 12/28/2015 Page 1 of 9 initials otke DMG, Inc. D 2618 San Miguel Dr.,ste 290 M Newport Beach,CA 92660 'Ci Ph. 949-825-7786,Sfax: 949-625-9777 Environmental Sciences grinspection Services waw.DMGinspcctions.com ✓ Heating&Air Conditioning equipment / Electrical: Main Panel,Auxiliary Panels, Outlets, Switches, Lighting, Fixtures ✓ Plumbing:Water Supply Source,Waste, Vent Piping, Fixtures, Water Heater, Condition of fixtures Excludes: — Investigative work such as: — ADA Compliance, Building Code Requirements, Building Violations, Building Permits, As Built Drawings Review, Historical Documentation, Legal Documentation of any kind or Past Engineering or Contracting methodologies, plans or remedies, etc. — Fire Sprinkler Systems, — Invasive testing, — Landscaping& Irrigation systems, — Sump pumps and all underground equipment, — Conditions in inaccessible areas, i.e. interior space between roof decks and acoustical drop ceilings — We do not pop open ceiling tiles — Crawl Spaces and Attics — Termite investigation, — No warranty is either expressed or implied. DMG is not responsible for conditions in inaccessible areas. If there is no access provided by the CLIENT to the roof or any other section of the building or if DMG's inspector deems those areas to be unsafe to enter, then those areas will not be inspected. This report is not an insurance policy, nor a warranty service, in the event of an oversight, no liability is assumed by the company or the inspector. DMG has its own team of Contractors and Engineers and we assure that any adverse conditions can be addressed by a licensed professional specialized in their respective trade to repair or further investigate. Additionally any special trade work outside of DMG's Services can be referred upon request. Additional Evaluation Services Available: Property Condition Assessments, Phase I, II, Ill Environmental Site Assessments& Remediation, ALTA surveys, Structural Evaluations, Geotechnical Soils Investigation, Asbestos, Lead and Mold Testing &Abatement, Project Management Building Inspection Client Responsibilities: 1. Site contact, onsite manager or property management company name & phone number for access to the building, any keys to electrical panels/rooms, HVAC thermostat covers &roof hatch, locked doors, etc. 2. Maintenance person onsite to turn on all electrical and HVAC equipment COMPLETION OF SCOPE OF WORK: Upon completion of the Services, CONSULTANT will provide CLIENT with one digital copy of CONSULTANT's Report ("Report"). Any additional hard copies or duplications wilt be charged at CONSULTANT's rates. Confidential 12/28/2015 Page 2 of 9 initials DMG,Inc. D 2618 San Miguel Dr.,ste 290 M Newport Beach,CA 92660 IG Ph. 949-825-7786,flax:949-625-9777 Environmental Sciences&Inspection Services www_DMGinspections.com ASTM 1527-13 PHASE I ENVIRONMENTAL SITE ASSESSMENT • Conduct a visual inspection of the site and adjacent properties to identify any apparent or potential indications of site contamination resulting from exposure to hazardous materials or hazardous wastes. Identification and evaluation for storage, handling, treatment and disposal of hazardous chemicals and wastes; installation and removal of underground storage tanks (UST); evidence for stressed vegetation, stained soil or pavement, suspect residues, unusual dust or odor will be made. • Identify the presence or absence of any transformers on site, their condition, the owner, and the likelihood that they contain PCB's. Identify site-specific geological and hydrogeological conditions including type of soil. Determine depth to groundwater, depth to other aquifers and groundwater flow. • Identify any compliance related issues such as asbestos, lead and mold on site. • Interview selected individuals knowledgeable of the site to develop an understanding of past and present uses. • Establish and evaluate site history from available information obtained from historical aerial photograph, building permits, County and local agency records. • Review of a 30-year chain of title if provided by the client. If not provided, consultant shall develop an understanding of the sites past usage based on records of the building department,fire department and county records. Review relevant local, state and federal regulatory agency databases to identify hazardous sites, hazardous waste generators, and treatment, storage and disposal facilities on or within, a one mile radius of the site to characterize their impact, if any, on the subject property. • The databases to be reviewed are the Federal Superfund Sites, the National Priority List, CERCLA, RCRA, State Priority Sites, State Clean-up Sites, Leaking Underground Storage Tank (LUST) Sites, Landfills, and the hazardous Waste Information System prepared by the Local Departments. • Provide a narrative report indicating the findings and conclusions for each of the above scope items. Provide an overall conclusion as to the potential for environmental concerns. Make recommendations for further investigation if necessary. Included are the following: • A map of the subject site in its regional setting, which includes listed sites identified within a one-mile radius. • A site illustration indicating building, items of interest identified in the on site reconnaissance, surrounding land uses, and street names in the vicinity. • The results of any discussions or orders issued by a regulatory agency concerning issues identified at the site. • Supporting documentation, specialty aerial photos, topographic maps, boring logs and laboratory results from previous surveys if available. • The results of review of any other hazardous materials, soils, buyer/seller disclosure, or chain of title reports relating to the site. • Appendices of other information, which supports the consultant's evaluation of the site. • The Consultant's services are limited to the Scope of Work described above. No testing for specific solids, liquids, gases, such as radon testing, soil boring and testing, air monitoring, asbestos, lead-based paint, mold, moisture testing, or magnetic survey is included in Phase One. Additional testing can be provided if required, requested and authorized in writing by the CLIENT. Phase I Additional research: • Due to a 10-12 working due date imposing significant time constraints by our client(s) due to an escrow transaction, California and Local Environmental Agency Data that is not obtainable will not be included in this report. The Phase I report is based on reasonably ascertainable information through the local agencies and Environmental Data Resources (EDR). If an open case presents itself for environmental concerns with the current or adjoining properties THEN additional time and charges will apply for further research. Confidential 12/28/2015 Page 3 of 9 initials 491P DMG, Inc. Ni 2618 San Miguel Dr.,ste 290 Newport Beach,CA 92660 11G Ph.949-825-7786,Efax: 949-625-9777 Environmental Sciences&Inspection Services ww'w.DMG'nsoecliona cnm PHASE I CLIENT RESPONSIBILITIES The Client is to provide the Consultant with any available information concerning the Project including: • Please complete the Mandatory User ASTM environmental questionnaire (sent separately) and return it with the executed contract. The Client is to provide the Consultant with any available information concerning the Project including: o Title information. A 30-year history of properly ownership and leases(chain of title) is normally required and if available. o Past Environmental Reports, closure documentation or any paperwork associated with the environmental condition of the property(if any are made available). o Contact or persons at the site who are knowledgeable about: • Any environmental permits, licenses, and registration. • Present or past inspections, investigations, claims, agency actions, or litigation relating to hazardous materials. • Investigations, claims, actions, or litigation relating to safety in the work place. COMPLETION OF SCOPE OF WORK: Upon completion of the Services, CONSULTANT will provide CLIENT with one digital copy of CONSULTANT's Report ("Report"). Any additional hard copies or duplications will be charged at CONSULTANT's rates. In the event of a Phase I termination or early cancellation CLIENT acknowledges that Phase I documentation is ordered immediately from an outside source (typically Environmental Data Resources (EDR) and an immediate charges will be applied upon signed contract and a non-refundable fee of$2500. COMPENSATION: The estimated cost to perform the above scope of work is$3550. Building Inspection $1050 Phase I $2500 This contract is valid for 30 days. Total amount of Compensation is due at time of execution of this Agreement. CONSULTANT shall commence work upon receipt of signed Agreement and delivery of payment. In the event of early termination of this Agreement by CLIENT, CONSULTANT shall be entitled to payment for all services performed, as well as its costs incurred, including costs resulting from the termination. Any refund shall be delivered within ten (10)calendar days. Please fax the signed and initialed Agreement along with a copy of the check made PAYABLE TO DMG to 949-625-9777, then overnight check to the above CONSULTANT address. Work will commence immediately upon receipt of faxed agreement and an invoice will be issued via e-mail/fax. *DUE DATES: Building Inspection Report(s)will be completed within apx. 24-48 hours of inspection date. Phase I Report(s)will be completed within apx. 10-12 working days of signed contract and payment received. *Phase I Due dates are subject to research discovered during our investigation. IF the current or surrounding properties pose a potential environmental concern MEN additional time will be required to investigate which is subject to agency availability to review files (a process which could potentially take several weeks). Confidential 12/28/2015 Page 4 of 9 initials D DMG,Inc. 2618 San Miguel Dr.,Ste 290 M Newport Beach,CA 92660 Ph.949-825-7786,Flax: 949-625-9777 wow.DMGinspectinns Environmental Sciences&Inspection Services corn ADDITIONAL SERVICES: IF in the process of completing the 1527-13 Phase I Assessment an open case presents itself for environmental concerns with the current or adjoining properties THEN additional time and charges will apply for further research and the Agreement price will be adjusted to include such services under standard CONSULTANT Standard Fee Schedule below. IF CLIENT chooses to increase the scope of Services with additional environmental or inspection services outside the scope of the Phase I Report with the consent of CONSULTANT, CLIENT agrees to approve such changes in writing (email transmission or if immediate attention is needed a verbal while onsite is acceptable). Once Agreed, CLIENT will be invoiced immediately and payment due. The Agreement price may be adjusted to include such additional services, which will be charged as follows: • CONSULTANT's cost estimate for additional services is based on information furnished by CLIENT. Should additional information become known, or circumstances become different than what CLIENT has disclosed, the cost estimate will be adjusted to reflect those changes and CLIENT agrees to pay any increase. • If additional parcels or multiple buildings are to be included, CLIENT agrees to pay additional charges per each parcel/building and CONSULTANT's time required. • If a change of engineering method (e.g. drilling, sampling, work scope, etc.) is discovered, or governing agency requires additional work then additional charges based on a unit rate per sample and CONSULTANT's Standard Fee Schedule, including any related expenses, will be charged. Additionally, CONSULTANT shall be entitled to be paid mileage, travel, telephone, special delivery services, photocopying, postage, and other miscellaneous expenses. CONSULTANT Standard Fee Schedule Registered Geologist $150.00/hr Environmental Scientist $120.00/hr Structural Engineer $150.00/hr Civil Engineer $150.00/hr Mold Technician $105.00/hr Industrial Hygienist $165.00/hr Research/Investigation $85.00/hr Technicians $85.00/hr Administrative/clerical $65.00/hr Expert Witness/Litigation cases $375.00/hr Mold Air &Bulk testing (4 day turn time) $120.00/ea Asbestos Sampling (5day) $45.00/ea Lead Paint Chip Sampling (5 day) $45.00/ea Geophysical Survey $3,500 per 1000 feet Mobile lab capable of performing 8260 analyses . $3,500.00/day Drill Rig(including supplies) $3,500.00/day Decontamination &cleaning of sewer drains $1,000.00/ea drain All environmental & geotechnical drilling, disposal of clarifiers, hydraulic lifts, underground storage tanks, above-ground storage tanks, decontamination and disposal fees, installation of wells and well monitoring are quoted on a specific project basis. Notes: 1. Automobile travel, other than mileage cost, is included in personnel rates; other modes of transportation charged at cost+20%. 2. Personnel billing rates are applicable to normal working hours; overtime rates are applicable for services in excess of 8 hours per day, performed outside the hours of 8:00 am to 5:00 pm, as well as Saturdays, Sundays and Holidays. 3. Overtime rates are time and a half outside working hours and double time on weekend and holidays. 4. Rush turn around analytical fees within 24 hours is 3X times the cost per sample. Confidential 12/28/2015 Page 5 of 9 initials DMG,Inc. • D 2618 San Miguel Dr.,ste 290 M Newport Beach,CA 92660 IG Ph. 949-825-7786,Efax: 949-625-9777 Environmental Sciences&Inspection Services WWW.DMGinspecttons com GENERAL: It is understood that CONSULTANT shall not be liable to CLIENT for any delays, damages or costs that are related to or arising from (i) any requirements or conditions that may be imposed by any governmental agency, (li) the location of underground utilities or other latent conditions, (iii) title or lender requirements or conditions, or (iv) any other third-party requirements or conditions that affect the scope of work or CONSULTANT's performance hereunder. All Services performed by CONSULTANT are performed for CLIENT's sole benefit and use. All Services, Reports and data furnished by CONSULTANT, including all drawings, specifications and other work product, are not intended for use by anyone other than CLIENT. Use or dissemination of the information contained within the Report by any other party is not intended, and should not be relied upon, for any purpose. Further, and notwithstanding any provision herein, CONSULTANT shall not be held responsible or liable for such use. Without changing any of the provisions of this paragraph, any reuse or adaptation of CONSULTANT's Reports, work or other Services for any other purpose shall entitle CONSULTANT to additional compensation from CLIENT in an amount not less than 100% of CONSULTANT's compensation amount. In the event of any ambiguity, the language of this Agreement shall be interpreted in favor of CONSULTANT. CONSULTANT may stop work or terminate the Agreement should CLIENT fail to deliver payment for Consultants Services and/or Report. This Agreement, the referenced attachments, including the General Conditions, represent the entire understanding between CLIENT and CONSULTANT, superseding any and all prior understandings or agreements, oral or written, between the parties respecting the scope of Work and the terms of this Agreement. Acceptance of this Agreement will be affirmed by signature of CLIENT below. A faxed or scanned and emailed signed copy shall be acceptable and treated as an original. Kind Regards, Angela Todd, President DMG, Int. Agreed and Accepted Name: Costa Mesa Sanitary District W. 19th Street Co a Mesa, CA 92627 /AJenc1C1 N. 7avcc Signature Name /GIGOCI9nr 1 Title J Dat GENERAL CONDITIONS The following terms and conditions are part of the Agreement between CONSULTANT and CLIENT. Section 1. CLIENTS RESPONSIBILITIES 1.1 CLIENT agrees to designate a person to act with authority on its behalf with respect to all aspects of the Services being provided by CONSULTANT and shall promptly respond to CONSULTANT's submissions, inquiries and requests and give prompt written notice to CONSULTANT whenever he/she observes or otherwise becomes aware of any condition or problem that may arise. 1.2 CLIENT shall also provide to CONSULTANT all criteria and information as to its requirements for the Project and shall: • Provide access to,and make all provisions for,CONSULTANT to enter upon public and private property as necessary to accomplish the work. • Provide such legal,accounting,independent cost estimating.and insurance counseling services as may be required for the Project. • Furnish approvals and permits from all government authorities having jurisdiction over the Project(if made available) Confidential 12/28/2015 Page 6 of 9 initials D DMG,Inc. •� M 2618 San Miguel Dr., Ste 290 Newport Beach,CA 92660 IG PIT 949-825-7786,Efax: 949-625-9777 Environmental Sciences&Inspection Services w'ww.DMCiinspections.an • Provide CONSULTANT with escort and means of access to all areas, this being necessary for the orderly progress of the work, and CONSULTANT shall be entitled to rely upon the efficiency and completeness thereof. • CLIENT agrees to provide any and all information requested by CONSULTANT regarding the Project, including any special or extraordinary services needed. CLIENT may, in its sole discretion, withhold any information', however, CLIENT recognizes that any information withheld from CONSULTANT may reduce the effectiveness,accuracy and conclusions of the Services and Report. • CLIENT understands and agrees that any claims or complaints arising out of or related to any alleged act or omission of CONSULTANT shall be reported to CONSULTANT, in writing, within ten (10) calendar days of discovery. CLIENT agrees to allow CONSULTANT a reasonable period of time to investigate the claims or complaints by.among other things,re-inspection before CLIENT,or anyone acting on behalf of CLIENT,repairs,replaces,alters or performs any act relating to the scope of work of this Agreement. Failure to timely notify CONSULTANT and allow CONSULTANT adequate time to investigate as stated above shall constitute a complete bar and waiver of any and all claims against CONSULTANT to the alleged act or omission. Section 2.CONSULTANTS RESPONSIBLITIES 2,1 Subject to the provisions and limitations in Section 1.. in the performance of the Services under this Agreement. CONSULTANT shall perform to a standard of care and skill ordinarily exercised,under similar conditions,by persons practicing in this jurisdiction. Section 3. ADDITIONAL EXPENSES 3.1 Should CLIENT request additional services from CONSULTANT, CLIENT agrees to pay, in addition to CONSULTANT's Standard Fee Schedule,such costs and expenses incurred including,but not limited to,the following: • Expenses of transportation and living when traveling in connection with the Project, long distance calls, overnight mail, telecopies, property information reports and fees paid for testing and/or for securing approval of authorities having jurisdiction over the Project. • Expenses of printing, reproduction, postage. and handling of drawings and specifications, including duplicate sets at the completion of each phase for CLIENTS review and approval. • Expense of outside consultants and specialists when authorized by CLIENT. Section 4. PAYMENT 4.1 In the event of non-payment by CLIENT in accordance with the terms herein, service charge of up to 30%the first month(30 days)for each invoice amount will be charged by a collection agency and then will increase by 10%thereafter and legal action will be taken. All payments received will be applied first to any accrued service charges and then to the original invoiced amount. 4.2 In the event of non-payment by CLIENT of any disputed item on an invoice,payment of non-disputed items shall not be withheld. 4.3 If CLIENT fails to pay CONSULTANT, CONSULTANT may, in addition to any other rights it may be entitled to, suspend Services under this Agreement and retain all work product deliverable to CLIENT until payment is made. CONSULTANT shall first give 24 hours written notice of intention to suspend Services. Such notice may be by e-mail,fax or other written notice. During any such period of suspension of work,the Project completion date shall be extended by the number of days Services are suspended, plus a reasonable time necessary for CONSULTANT to arrange its work force and re-commence work on the Project. 4.4 No deductions, set-offs or claims shall be made against CONSULTANT's compensation for any reasons including, but not limited to, any penalty,liquidated damages,or other sum. 4.5 If the Project is delayed,or if CONSULTANT's Services for the Project are delayed or suspended for more than three months for reasons beyond CONSULTANT'S control,CONSULTANT may,after giving written notice to CLIENT,terminate this Agreement,and CLIENT shall compensate CONSULTANT in accordance with the termination provision contained in this Agreement. Section 5. SUBSURFACE EXPLORATION 5.1 Normal Disturbance-CLIENT acknowledges that the use of exploration equipment may affect,alter or damage the terrain,vegetation and buildings,structures and improvements at, in or upon the Site. CLIENT acknowledges and accepts such risks. CONSULTANT shall not be liable for any effect,alteration or damage arising out of such explorations. CONSULTANT will exercise reasonable care to limit damage to the Site. CONSULTANT agrees to return the Site where exploration took place to a reasonable condition. 5.2 Subterranean Structures-CONSULTANT will exerdse reasonable care in seeking to locate subterranean structures in the vicinity of proposed subsurface explorations at the Site. CONSULTANT will contact public agencies and disclose plans or information about the Site provided by CLIENT. So long as CONSULTANT observes such standards of care, CONSULTANT will not be responsible for any damage. injury or interference with any subterranean structure,pipe,tank,cable or any other element or condition if not called to the attention of CONSULTANT prior to commencement of work or which is not shown. or accurately located, on any plans furnished to CONSULTANT by CLIENT or by any others(public or private). Section 6. INDEMNITY 6.1 CLIENT and CONSULTANT mutually agree to defend, indemnify and hold harmless each other from and against any and all claims.liabilities, damages, losses and expenses, including attorneys'fees and costs associated therewith, attributable to any act or omission arising out of or connected in any way with this Agreement, including CONSULTANT's Services or Reports. 6.2 Should CONSULTANT become involved in third-party litigation as a result of its performance of work for CLIENT under this Agreement, CLIENT agrees to defend and hold harmless and pay all attorneys'fees for CONSULTANT in such litigation. l (�� Confidential 12/28/2015 Page 7 of 9 initials �9•' D DMG, Inc. 2618 San Miguel Dr..Ste 290 EPS M Newport Beach,CA 92660 IG Ph. 949-825-7786.Ffax: 949-625-9777 Environmental Sciences&Inspection Services wsvw.DMGinsuutions.com 6.3 Further, CLIENT agrees to defend, indemnify, and hold harmless CONSULTANT, its officers, directors, employees, agents, and representatives from and against any and all liabilities,claims, demands,losses,costs, damages,actions, suits, or other proceedings by any party arising out of or in connection with CONSULTANT's performance of work hereunder made or brought against CONSULTANT(other than by any employee,officer,director,agent or other representative of CONSULTANT)for any environmental pollution or contamination including, without limitation, any actual or threatened release of toxics, irritants or pollutants, or waste gases, liquids, or solid material, provided that CONSULTANT(a) is not negligent in the performance of its Services, and (b)does not willfully or recklessly create, cause, contribute to, or aggravate any such pollution or contamination in existence at the Project. 6.4 Liability of CONSULTANT.its employees,agents and subcontractors for claims of loss,injury,death,damage or expense shall not exceed the total compensation of the Project,for any claims brought by CLIENT. 6.5 If this Project concerns the identification and/or removal of hazardous materials,CLIENT specifically agrees to indemnify and hold harmless CONSULTANT from any and all claims,liabilities or damages of whatsoever nature and character,including attorneys'fees.related to any claim for existence of hazardous materials contamination including.but not limited to.personal injury or wrongful death associated with hazardous material in regard to this Project. Section 7. TERMINATION 7.1 This Agreement may be terminated by either party, by written notice only. If this Agreement is terminated, CONSULTANT shall be paid for Services performed up through and including the termination notice date, including reimbursable expenses. Reimbursable expenses include those expenses and costs directly attributable to termination,plus 15%of the total compensation earned. CLIENT acknowledges that Phase I documentation is ordered immediately from an outside source (typically Environmental Data Resources (EDR)) an immediate charge upon singed contract and a non-refundable fee of$1200. Section8. GENERAL 8.1 In the event any provisions of this Agreement shall be held to be invalid and unenforceable,the remaining provisions shall be valid and binding upon the parties. Waiver by CONSULTANT of any provision,term,condition or covenant shall not be construed by CLIENT as a waiver of any subsequent breach by CLIENT. 8.2 In any action between CONSULTANT and CLIENT regarding the obligation to pay compensation under this Agreement,all litigation expenses, including collection expenses,witness fees,court costs,and attorneys'fees incurred by the prevailing party shall be paid by the non-prevailing party. 8.3 CONSULTANT shall not be responsible to CLIENT,or any other person or entity,for damages or delays,including incidental or consequential damages,arising out or relating to this Agreement. 8.4 This Agreement shall be governed by the laws of the State of California, and any action shall be brought in the County of Orange, State of California. Any claim or legal action by CLIENT must be commenced within one(1) year from the date CONSULTANT has completed the Services. 8.5 CONSULTANT has not been retained or compensated to provide design and/or construction review services relating to safety precautions or to means, methods. techniques, sequences,or procedures to be performed by CLIENT or its contractor,or any other person or entity in the performance of the work recommended by CONSULTANT to be performed. 8.6 In the performance of its Services under this Agreement,CONSULTANT makes no warranty,either expressed,implied or statutory. 8,7 Any opinion of construction cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of CLIENT. Since CONSULTANT has no control over the cost of labor and material, or over competitive bidding or market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CLIENT. Should CONSULTANT be asked to provide a cost estimate for conditions that need to be repaired, fixed or brought into conformance with governmental requirements, CLIENT acknowledges that CONSULTANT is only providing an estimate of the work that may be required, and CLIENT agrees that any final figure for the actual costs will have to be provided by a contractor through a bid for the work. 8.8 If CONSULTANT. its employees, inspectors,or any other person claimed to be its agent, are careless or negligent in making the inspection and/or preparing the Report.CONSULTANT's liability to CLIENT is limited to the amount of the compensation stated herein. Confidential 12/28/2015 Page 8 of 9 initials