DANIEL BOYLE ENGINEERING-2006 - Laserfiche WebLink

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City of Santa Ana '' On-CallEngineering Design Services for Contract and Insurance ® Water and Sewer Main Improvements Request for Proposal and Contract We have cazefully reviewed the complete Request for Proposal and sample Consultant Agreement dated May 10, 2006. By this reference we herein incorporate the RFP in its entirety (pages 1 through 25) into our proposal, including the Consultant Agreement, with the exceptions as noted below. Contract Exceptions Section 6 (page 15) Indemnification: Lines 4 and 5 contain the language "...which may arise from the direct or indirect operations of Consultant...." We do not understand exactly what this means, however, it appears to extend the indemnification beyond the limits of services provided for this project. The last part of this section deals with indemnification of the City by the Consultant for the City's Agreement, which does not seem reasonable. We propose that Section 6 be replaced with language that provides for indemnification appropriate to the services to be provided. We suggest the following: "To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless the Client from and against any and all claims, demands, damages, losses, suits, judgments, liabilities, costs and expenses, including reasonable attorneys' fees (collectively "Claims"), but only to the extent such Claims are found, on a comparative basis of fault, to be caused by any negligent act, error or omission of consultant or Consultant's officers, directors, partners, employees, or consultants in the performance of services under this Agreement." Insurance Requirements We have reviewed the Insurance Requirements as set forth in the RFP and Consulting Agreement. We are prepared to meet the terms thereof and take no exceptions. Non Collusion Declaration Daniel Boyle Engineering, Inc. declares that the only person, persons, company or parties interested in this proposal as principals aze named herein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal, Thomas B. Hooker, Jr. president, is fully authorized to legally bind DBE in all matters. Proposal Submitted by: DANIEL BOYLE ENGINEERING, INC. Thomas B. Hooker, Jr. P.E., President Date Daniel Boyle Engineering Contract and Insurance - 10