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Tetra Tech is proud of our past association with the City on the John Garthe Reservoirs. In addition to this project, members of the Project Team have worked with the City on the following projects: • San Lorenzo Sewer Lift Station • Elevated Tank Safety Modifications and Painting • Well No. 39 • South Station Booster Pump Station Well No. 14 and No. 34 Modifications In addition, ASL has previously worked on the following similar projects for the City: • I-5 Pipeline Relocation on 0 and 4`' Streets • Raitt Street Water Line Replacement Project • Fourth Street Water and Sewer Replacement Project We know you, and you know us. The relationships, knowledge, and cohesiveness developed with the City during these past assignments can be immediately applied to this project. COMMENTS ON THE CONSULTANT SERVICE AGREEMENT (EXHIBIT °°C-) Tetra Tech has the following comments on the Indemnification (Item 6) of the agreement: • Sub -item (1): Delete ", which may arise from the direct or indirect operations of the Consultant " and Revise to "to the extent they arise from the negligent operations of the Consultant': • Sub -item (2): Delete 'from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of, or effects, arising from this Agreement. " And Revise to 'from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of, or effects to the extent arising from this negligent performance by Consultant of this Agreement. " • Sub -item (2): Delete in its entirety the third sentence of the sub -item. The third sentence is the following: "The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arise by reason of the terms of, or effects arising from this Agreement. " Tetra Tech recommends that our insurance provider discuss the above comments with the City Attorney in order to reach an acceptable solution for both parties regarding these comments. ' CITY OF SANTA ANA On -Call Engineering for Water and Sewer Main Improvements TETRA TECH. INC. MI