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CONTRACTUAL ADDITIONS C Below will undertake professional responsibility for only the services provided pursuant to this Agreement, and only pursuant to the terms and conditions of this Agreement. In particular, and without limitation, C Below will not be responsible for delays or other matters beyond its reasonable control; for inaccurate or Incomplete Information provided to it by Client, .-consultants or other reasonably reliable sources; for site conditions of which it was not actually informed; for unauthorized modifications to or deviations from C Below's instruments of service or the use of unf nalized instruments of service for any purposes including bidding or cost estimating; for hazardous materials or toxic substances at the Project site; for the speciation of products or equipment for purposes consistent with the manufacturers published literature; for materials and equipment decisions made by others; for the services and instruments of service provided by others even If incorporated into C Below's instruments of service for ease of reference or otherwise; for the performance of the Project's contractors and materials suppliers; for construction means, methods, techniques, sequences or procedures, including without limitation investigation or demolition procedures and safety precautions and programs; and for the actions or inactions of others including utility companies, other consultants and governmental or quasigovernmental agencies. The services being provided for by C Below do not relieve the Client of the responsibility of having to comply with California Government Code §§4216 - 4216.9. It is expressly understood by the Client that C Below's services are not a substitute for compliance with California government Code §64216 - 4216.9. In recognition of the relative risks, rewards and benefits of the project to both the Client and C Below, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, C Below's total liability to the Client and to any other third party for any and all injuries, claims, losses, expenses, damages or claims expenses arising out of this agreement from any cause or causes, shall not exceed C Below's fee or $5,000.00, whichever is less. Such causes Include, but are notlimited to, C Below's negligence, strict liability, breach of contract or breach of warranty. The Client waives all rights against C Below for damages caused by fire, water, wind or any other perils to the extent covered by any type of property insurance applicable to the claimed damage or loss. This waiver of subrogation shall be effective even though that person or entity would otherwise have a duty of indemnification. The Client shall ensure that all of its contractors and subcontractors maintain General Liability Insurance (minimum of $1,000,000 per occurrence limits of coverage). Modified occurrence policies are not acceptable, any coverage exclusion in addition to standard ISO coverage farms must be noted and approved by C Below. The Client will require and make certain that its contractors and subcontractors list C Below as an additional insured using ISCO CG2010 1985 Form a or equivalent with no limitation to "ongoing operations" for each project C Below performs services for the Client. The additional insured endorsement or certificate must also contain a statement that "the protection afforded the additional insured hereunder shall be primary and any other coverage available to the additional insured shall be excess and non-conMbuting." C Below j So[al 11-888-90-BELOW I www.cbelow.com I Q-13919 City of Santa An a'Watel Resourc,ts Orvismq RFP 22 0021 May 24, 2022 [ 13 . AR�URRP n� 1