|
1. STATEMENT OF QUALIFICATIONS GRIFFIN STRUCTURES
<br />Contract Agreement Statement
<br />We have reviewed the Agreement of Services for the City of Santa Ana and have included the proposed
<br />exceptions and deviations below.
<br />At 3.2.2, add a 7th sentence (between the existing 4th and 5th sentences) that states "Consultant reserves the
<br />right to assess a 1 1/2 % per month (18% per year) service charge on any non -disputed unpaid balances over 60
<br />days outstanding."
<br />At 3.3.6, replace (Alan Loomis, Principal) with (Jon Hughes, President)
<br />At 3.3.8, 5th line, change "warrants" to "represents"
<br />At 3.3.11.3 (A), 2nd line, delete "agents, and volunteers"
<br />At 3.3.11.3 (A), 9th/10th lines, delete "or the coverage reduced"
<br />3.3.11.3 (B), 2nd line, delete "or the coverage reduced"
<br />3.3.11.3 (C), 2nd line, delete "or the coverage reduced"
<br />3.3.11.3 (D), 2nd line, delete "or the coverage reduced"
<br />Also at 3.3.11.3 (D), delete "agents, and volunteers" at end
<br />At 3.3.11.4, delete "agents, or volunteers"
<br />At 3.3.11.5, delete "agents, and volunteers"
<br />At 3.3.11.6, delete "agents, and volunteers"
<br />At 3.3.11.12, 5th/6th lines, delete "agents, and volunteers"
<br />At 3.3.11.12, 8th/9th lines, delete "agents and volunteers"
<br />At 3.6.1,1st/21nd lines, delete "defend (with counsel of City's choosing)"
<br />At 3.6.1, 2nd/3rd lines, delete "volunteers, and agents free and"
<br />At 3.6.1, 5th line, replace "in any manner arising out of, pertaining to, or incident to any " with "as caused by
<br />negligent"
<br />At 3.6.1,11th-13th lines, delete "and shall not be restricted to insurance proceeds, if any, received by Consultant,
<br />the City, its officials, officers, employees, agents, or volunteers."
<br />At 3.6.2, delete this subsection and instead add the following sentence at the end of 3.6.1: "Consultant's
<br />indemnification obligation shall be limited to claims that are caused by the negligence, recklessness, or willful
<br />misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
<br />jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's
<br />proportionate percentage of fault."
<br />At 3.7.4.4,1st line, delete "defend"
<br />At 3.7.4.4, 2nd line, delete "volunteers and agents free and"
<br />At 3.7.4.4, 4th line, delete "patent"
<br />Aside from the exceptions taken above, we are ready, willing, and able to discuss and negotiate a contract in
<br />good faith with the City and its legal counsel as soon as possible.
<br />GRIFFIN
<br />STRUCTURES
<br />
|