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Proposal to provide <br />Landscape Architectural Design for Standard -McFadden Park — RFP No. 21-055 <br />B. Contract Agreement Statement <br />We concur with the contract language; however, if possible, David Evans and Associates, Inc. (DEA) <br />respectfully requests the following edits within the indemnification language of the contract, due to updates <br />within the California code and to be compliant with current state laws. <br />"Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, <br />contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just <br />compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, <br />and claims for property damage, to the extent which may arise from the negligent operation acts, errors or <br />omissions of the Consultant, its subcontractors, agents, employees, or other persons acting on its behe V <br />that it is legally liable for which relates to the services described in section 1 of this Agreement, and (2) from <br />any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due <br />by reason of the terms of or effects to the extent arising from Mi-s the negligent acts, errors or omissions in <br />the performance of this Agreement. This indemnity and hold harmless agreement applies to all claims for <br />damages, just compensation, restitution, judicial or equitable relief suffered, , <br />by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this <br />Agreement. " <br />C. Firm and Team Experience <br />DEA has been providing landscape architectural <br />services to the public and private sector for 45 <br />years. Founded in 1976 on the philosophy of hiring <br />outstanding professionals and giving them the freedom <br />and support to do what they do best, the landscape <br />architecture team at DEA has become well established <br />in today's marketplace. <br />DEA has more than 800 employee owners and <br />maintains offices in California, Colorado, Idaho, <br />Mississippi, Nevada, New York, Oregon, South <br />Carolina, Texas, Utah, and Washington. We are <br />consistently ranked among Engineering News <br />Record's Top 100 Pure Design firms in the U.S. and <br />among the leaders in many of our local markets. <br />DEA Services <br />DEA's project manager and landscape architecture <br />team have experience delivering award -winning <br />projects throughout Southern California <br />DEA has the demonstrated capacity to perform the required services as described in the request for proposal, <br />to provide landscape architectural services for the Standard -McFadden Park project. We have organized an <br />experienced group of individuals to assist the City with this project to provide a creative, responsive, technically <br />competent, and efficient team. <br />DEA will utilize staff from both our Ontario and our local Orange County office for this contract, located at <br />17782 17th Street, Suite 200, Tustin, CA 92780. Our Tustin office is within close proximity to the City of Santa <br />Ana. Our team of technical and professional landscape architectural staff are supplemented by experts from <br />across the west to provide the services you need. <br />Landscape architecture is an integral part of DEA's interdisciplinary approach. Our experience includes <br />landscape design services for park and recreation areas, playgrounds, sports fields, trails, streetscape and <br />highways, residential, and commercial site planning. We have worked seamlessly with numerous southern <br />California municipalities providing design services, and have found that an essential element of our recreation, <br />civic and community facility project success is client collaboration. Our best projects have been programmed, <br />planned and designed with extensive input from our clients and their community. When clients are engaged in <br />the process, they know that their interests and their stakeholders' needs are being addressed. <br />4 1 June 3, 2021 1 David Evans and Associates, Inc. <br />