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CONTRACT AGREEMENT <br />STATEMENT <br />Exceptions to Contract Agreement Statement <br />Upon review of Attachment 2, Services Agreement <br />provided within the City of Santa Ana's Request for <br />Proposals for On -call Engineering Services RFP No.: 14- <br />037B, Psomas takes exceptions to the following language <br />(deletions are indicated by strikethroughs, inclusions are <br />indicated by bold underlined type): <br />6.e,iii. INSURANCE: Certificates and policies shall state <br />that the policies shall not be cancelled ofo , dueed In <br />eaverage or ehanged in any ether rmaterial asp without <br />thirty (30) days prior written notice to the City or ten <br />(10) days if cancellation is due to non payment of <br />premium. <br />7. INDEMNIFICATION: Consultant agrees to and shall <br />indemnify and hold harmless the City, its officers, <br />agents, employees, consultants, and special counsel, <br />aAd representatives from liability: (1) for personal injury, <br />damages, just compensation, restitution, judicial or <br />equitable relief arising out of claims for personal injury, <br />including death, and claims for property damage, which <br />may arise from the direct or indirect ne la igent operations <br />of the Consultant or its contractors, subcontractors, <br />agents, employees, or other persons acting on their <br />behalf which relates to the services described in section <br />1 of this Agreement; and (2) from any claim that personal <br />injury, damages, just compensation, restitution, judicial or <br />equitable relief is due by reason of the terms of or effects <br />arising from this Agreement. This indemnity and hold <br />harmless agreement applies to all claims for damages, <br />just compensation, restitution, judicial or equitable relief <br />suffered, or alleged to have been suffered, by reason <br />of the events referred to in this Section or by reason of <br />the terms of, ereffeetsr9rfsing4rem this Agreement. The <br />Consultant further agrees to indemnify, hold harmless, <br />and pay all costs for the defense of the City, including <br />fees and costs for special counsel to be selected by <br />the City (and approved by consultant), regarding any <br />action by a third party challenging the validity of this <br />Agreement, or asserting that personal injury, damages, <br />just compensation, restitution, judicial or equitable relief <br />due to personal or property rights arises by reason of the <br />terms of, or effects arising from this Agreement. <br />Psomas is a full -service engineering consulting firm <br />providing professional services to the transportation, <br />environmental, water/wastewater, and public, institutional <br />and private site development markets. <br />Founded in 1946 and incorporated in 1974, it is an <br />employee -owned California corporation, with offices located <br />throughout California, and in Arizona and Utah. <br />Consistently ranked as one of Engineering News <br />Record (ENR) magazine's Top 200 Engineering Design <br />Firms in the United States, Psomas offers civil engineering, <br />land surveying, planning and entitlements, program/ <br />construction management, environmental consulting, GIS <br />consulting, and special district financing services to the <br />public and private sector. <br />Our largest office is located in Santa Ana, California, and <br />is the office from which staff will be assigned for the City <br />of Santa Ana's (City) contract. If additional opportunities <br />or needs arise, Psomas has a deep bench of over 500 <br />professional and technical staff who are more than capable <br />of meeting any challenge. <br />I11119ilililreITP ATII11)fl <br />This Management Team will ensure that our Contract) <br />Project Manager, Anissa Voyiatzes, PE, QSD, ENV SP, <br />will remain in place for the life of the contract. Anissa is <br />a perfect fit for this role having provided similar services <br />for successful projects and on -call contracts. To support <br />Anissa, Steven Frieson, PE, ENV SP, will serve as the <br />Officer-in-Charge/Program Manager, and Arief Naftali, PE, <br />TE, ENV SP, as the Independent Quality Assurance and <br />Quality Control Manager to ensure that task order proposals <br />are submitted accurately and completely; all required <br />resources are provided to staff to deliver the task order <br />assignments on time and within budget; and all necessary <br />communications, coordination, documentation, and QA/QC <br />occurs on each and every task order. <br />The Organization Chart provided on the following page <br />identifies the Psomas Team members, their roles, and the <br />lines of communication. We have identified seven Task <br />Managers as well as supporting Psomas staff. <br />PSOMAS City of Santa Ana Public Works Department I RFP 14-037B: On -call Engineering Services <br />