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25F - AGMT FOR STORMWATER
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25F - AGMT FOR STORMWATER
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Last modified
10/14/2020 3:14:37 PM
Creation date
10/14/2020 3:01:26 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25F
Date
10/20/2020
Destruction Year
2025
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Indemnification (s): changes requested on this page were not <br />Tetra Tech requests that atthee Duty geDefend n this pro evi of bebe��lirn' ate Celt�/ <br />Tetra Tech also requestsTh WdPwmg ex?to begelete�jus9corfipensation, restitution, <br />judicial or equitable relief; this occurs several times in the Indemnification provision. <br />2. Limitation of Liability. None. <br />Tetra Tech requests the City of Santa Ana to add this text. <br />a. Limitation of Liability. In recognition of the relative risks and benefits of the project to <br />both the City and Design Professional, the risks have been allocated such that the City <br />agrees, to the fullest extent permitted by law, to limit the liability of Design Professional <br />and its subconsultants to the City and to all construction contractors and subcontractors <br />on the project for any and all claims, losses, costs, damages of any nature whatsoever <br />or claims expenses from any cause or causes, so that the total aggregate liability <br />of Design Professional and its subconsultants to all those named shall not exceed <br />$50,000 or the amount of Design Professional's total fee paid by the City for services <br />under this Agreement, whichever is the greater. Such claims and causes include, but <br />are not limited to negligence, professional errors or omissions, strict liability, breach of <br />contract or warranty. <br />b. We are willing to assume responsibility for our work in reasonable measure, but cannot <br />accept unlimited liability or liability grossly out of proportion to our fee. <br />3. Termination (21): <br />Tetra Tech requests that the City of Santa Ana provide mutual rights for termination of the <br />agreement. <br />City of Santa Ana 25F-23 TETRA TECH <br />
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