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City of • • Ana
<br /> Contract Agreement Statement
<br /> Agreement Exception
<br /> Willdan has reviewed the On-Call Engineering Plan Check Services Agreement and shall meet
<br /> these requirements upon selection with the following wording suggested by our corporate
<br /> attorney that is summarized below:
<br /> Page 5, Paragraph 8
<br /> Add the following Additions and Deletions to the end of this paragraph:
<br /> 8. Consultant agrees to defend, and shall indemnify and hold harmless the City, its
<br /> offices, agents, employees, contractors, special counsel, and representatives from liability: (1)for
<br /> personal injury, damages,just compensation, restitution,judicial or equitable relief arising out of
<br /> claims for personal injury, including death, and claims for property damage, which may arise for the
<br /> negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting
<br /> on its behalf which relates to the services described in section 1 of this Agreement; and (2)from any
<br /> claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by
<br /> reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
<br /> agreement apply to all claims for damages, just compensation, restitution, judicial or equitable relief
<br /> suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by
<br /> reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to
<br /> indemnity, hold harmless, and pay all costs for the defense of the City, including fees and costs for
<br /> special counsel to be selected by the City, regarding any action by a third party challenging the
<br /> validity of this Agreement, or asserting that personal injury, damages,just compensation, restitution,
<br /> judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects
<br /> arising from this Agreement. City may make all reasonable decisions with respect to its representation
<br /> n in any legal proceeding. Notwithstanding the foregoing, le the ev+e„+ GP_Rs lta At's ser,iines are
<br /> s NeGt te GMT Cede SeGtien 27-82 s2", the above indemnity shall be limited, le +he extent required by
<br /> Gi„il Cede SeGtieR 278 Q" to claims that arise out of, pertain to, or relate to the negligence,
<br /> recklessness, or willful misconduct of the Consultant "and excluding such claims that arise out of
<br /> the sole negligence or misconduct of the indemnified parties" to the end of the paragraph."
<br /> Proposal or n- a ervices 4
<br /> City Council 15 —20
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