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M&S Job#19639.010 Exhibit A Page 8 of 9 4. If a Boundary Survey is required in addition to the services being performed under this Agreement, the need for Consultant to timely file a Record of Survey map with the County Surveyor in accordance with current State law (Business and Professional Code Section 8762) may be triggered. The necessity for these services to be provided cannot be predicted in advance since it is dependant on what is discovered while doing boundary research or while doing field survey. Costs to prepare and process such a Record of Survey, if required,will be charged to Client as Additional Services. 5. As a civil engineering Consultant involved in the design of improvements which shape, at least in part, the physical environment in which handicapped people live, Consultant endeavors to keep generally abreast of current Accessibility Standards. Consultant does not claim to be, nor is Consultant, an expert as to what precisely constitutes current Accessibility Standards, said Standards being the product of constantly evolving federal, state and local laws, regulations and codes, all subject to periodic judicial review and interpretation. It is the responsibility of Client to determine if specialized legal and/or technical expertise is required to ensure that Client's project meets applicable Accessibility Standards. 6. Absent other direction, Consultant will design public and private streets in accordance with the customary Standard of Professional Care and local agency public works standards in effect at the time the design is being prepared. 7. Payment of plan checking fees, inspection fees, and all required permit and application fees. 8. All revisions of completed Services required by the Client or by changes in city/county policies, ordinances, special direction, or requirements shall be paid for as Additional Services. 9. To provide all investigations, services or work responsibilities, duties or acts related to or involving asbestos, pollutants, hazardous waste and contaminants in the atmosphere, on the surface, or in the subsurface. 10. It is specifically noted that the Client or others are in responsible charge of the construction project and that Consultant has no responsibility for safety matters or the quality or accuracy of work performed by Client's contractors or other Consultants. 11. To decide if the improvements have been constructed with acceptable material and are within the Client's tolerances with regard to elevation and locations, and to either accept the Contractor's work or require the contractor to make repairs. 12. To perform construction management, supervision, inspection, scheduling and/or coordination of the work of contractors, subcontractors, public utilities, and public agencies. Client specifically acknowledges such services will not be performed by Consultant. Client agrees to defend, indemnify, and hold Consultant harmless from any and all liability arising from or resulting from the performance of such services. It is specifically noted that the Client or others are in responsible charge of the construction project and that Consultant has no responsibility for safety matters or the quality or accuracy of work performed by Client's contractors or other consultants. 13. To coordinate required certifications to any agencies as to the quality of work performed. To the extent that Client, public agencies, or others will require statements from Consultant as to the accuracy, quality, or completeness of work done by the contractor, Client or others working on the project, this requirement must be defined and made known to Consultant before the work is accomplished so that appropriate field and office checking procedures may be instituted. P:\19639\office\contracts\2012-03-02_Mac Kay&Somps_Ex hi b it-A.doc