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Our close proximity to the project stakeholders allows us for expedited communication and swift response times,
<br />ensuring smoother project progression. Most of the key project staff are located in California: our project manager,
<br />Dr. Theodora Konstantinou is based in Los Angeles and our deputy project manager, Dr. Stephanie Kong, is based
<br />in Orange County. Our entire project staff is dedicated to the development of high -quality deliverables that meet and
<br />exceed client expectations. We strive to deliver work products that are technically accurate and delivered according
<br />to the established project schedule. It is the responsibility of our project management team to ensure that all services
<br />our team provide are of the highest quality and consistent with the City's objectives, contractual requirements, and
<br />applicable laws, codes, and standards.
<br />Agreement Statement
<br />ICF would like to submit the exceptions below in response to the sample Agreement.
<br />7. Indemnification Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, 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, and
<br />claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors,
<br />agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this
<br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
<br />relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
<br />agreement applies to all third party claims for damages, just compensation, restitution, judicial or equitable relief
<br />suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this
<br />Agreement. The Consultant further agrees to indemnify, hold harmless, and reasonable costs for the defense of the
<br />City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party
<br />challenging the 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 arising from
<br />this Agreement. The City may make all reasonable decisions with respect to its representation in any legal
<br />proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section
<br />2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise
<br />out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
<br />ICF would like to request to include the clause below
<br />Limitation of liability: notwithstanding any contrary provisions herein, in no event shall either party be liable to the
<br />other party, for any lost profits or incidental, consequential, special, punitive, or indirect damages under the
<br />agreement, regardless of whether advised of the possibility of such damages and in no event shall either party's
<br />liability for damages under this agreement exceed the value of the agreement.
<br />Firm and Team Experience `I /
<br />ICF is a leading global consulting firm, renowned for taking on the world's most pressing
<br />social and environmental issues with a deep understanding of transportation, energy,
<br />and climate change. For over 50 years, ICF has partnered with governments,
<br />corporations, and multilateral organizations worldwide, delivering strategic value to client ''
<br />programs at every stage. With a network of 75 offices and almost 10,000 employees, we
<br />CF
<br />provide unparalleled expertise and problem -solving capabilities, delivering innovative
<br />solutions to complex transportation policy, planning, and programming challenges. When it comes to creating a
<br />sustainable future, ICF is the trusted partner of choice.
<br />ICF Headquarter Address 1902 Reston Metro Plaza, Reston, VA 20190
<br />ICF Nearest Address Serving the City of Santa Ana 49 Discovery, Suite 250, Irvine, CA 92618
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