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CONTRACT REVIEW COMMENTS <br />Michael Baker has reviewed the copy of the City of Santa Ana's contract terns as provided in <br />Attachment 2, Standard Agreement, of the RFP and desires the proposed variation to text <br />(additions are shown in yellow -highlighted bold, deletions In rad strike —eat format, and <br />comments in italics): <br />2. COMPENSATION <br />b. Payment by City shall be made within 45 30 days (faq-fwe thirty) days following <br />receipt of proper Invoice evidencing work performed, subject to City accounting <br />procedures. Payment need not be made for work which falls to meet the standards of <br />performance set forth in the Recitals which may reasonably be expected by City. <br />INSURANCE <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general <br />liability insurance naming the City, its officers, employees, agents, volunteers and <br />representatives as additional Insured(s) and shall Include, but not be limited to <br />protection against claims arising from bodily and personal injury, Including death <br />resulting therefrom and damage to property, resulting from any act or occurrence <br />arising out of Consultant's negligent operations in the performance of this Agreement, <br />including, without limitation, acts Involving vehicles... <br />e, iv, Consultant shall supply City with a fully executed additional Insured endorsement, <br />on the Commercial General Liability and Automobile Liability policies. <br />Due to the insurance coverage commercially available and the notification policies of <br />most large carriers, the above clarifications are requested. <br />B. INDEMNIFICATION <br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, <br />agents, employees, contractors, special counsel, and representatives from liability... <br />We will be responsible for any errors or negligence on our part and reimburse our client <br />for defense costs in such a case, but the professional liability insurance commercially <br />available to design professional firms will not provide a defense for any party except the <br />policyholder. <br />25B-21 <br />