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DocuSign Envelope ID: 1BA90275-0048-437F-ACEC-13F73597F313 THESE CHANGES WERE NOT ACCEPTED BY CITY Contract Agreement Statement Ware Malcomb has reviewed RFP 20-040 and Attachment 2, the Consultant Agreement. In response, Ware Malcomb has attached Ware Malcomb's most key provisions that it would like to request to be added to the Consultant Agreement. As working in collaboration with our client is of utmost importance to us, we welcome the opportunity to discuss these terms with your team further as we come to a mutually agreeable agreement. MODIFICATIONS TO THE CONSULTING AGREEMENT BETWEEN CITY OF SANTAANAAND WARE MALCOMB Section 1 to be modified to add: "Consultant shall perform performed in accordance with generally and currently accepted design principles and practices as embodied in the standard procedures and protocols of Owner and its subconsultants and without express or implied warranties, and in no event will Architect undertake to meet a professional standard of practice that is greater than that imposed by common law, or be subject to any form of strict or no-fault liability. In no manner shall Consultant be responsible for delays beyond its reasonable control." Section 6: to be modified to add: Further, if the City uses or modifies or allows the use or modification of the drawings or specifications without Consultant's further involvement or consent, or uses the drawings or specifications for any project for which they were not prepared, the City agrees to release and indemnify Consultant and its affiliated entities and individuals to the fullest extent allowed by law, and even in situations involving any indemnitee's actual or alleged active negligence or design defects, from and against any and all claims, costs, losses and/or liabilities arising out of or resulting in whole or in part from such use or reuse. Section 8 to be modified in the following: Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability... Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity and hold harmless obligations shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant - P 6 NRLCOMB 04.20.2020 E �l',j�E 4