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Section C I Agreement Statement
<br />Woolpert has reviewed the terms of the RFP and generally finds the terms to be acceptable, although Woolpert would like to have
<br />the opportunity to request certain modifications if fortunate enough to be awarded the contract. Woolpert is open to discussing
<br />alternatives and is confident that the parties will be able to develop and agree on mutually acceptable terms.
<br />Section 6, Insurance (Other Insurance Provisions): Woolpert respectfully requests that "To the extent permitted by law" be added
<br />to the provision requiring Woolpert to waive subrogation rights for various insurance policies. Additionally, Woolpert requests
<br />that the provision concerning notice requirements for insurance regarding cancellations, suspensions, coverage being voided or
<br />reduced, not renewed, or materially changed be amended to clarify that Woolpert will provide such notice to the City.
<br />Indemnification: Woolpert requests that the indemnification policy be written so as to tailor Woolpert's indemnity obligations to
<br />the extent caused by Woolpert's negligence or willful misconduct, and that defense obligations be removed, as this is not covered
<br />by Woolpert's Professional Liability coverage. Woolpert has provided sample redlines for the City's review, but is open to
<br />alternative suggestions the City may offer.
<br />Consultant agrees to defen6; GRd shG4 indemnify and hold harmless the City, its officers, agents, employees, contractors,
<br />special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or
<br />equitable relief GFising out efc!Gimsfe { to the extent caused by personal injury, including death, and claims for property
<br />damage, which mGy GFise #om to the extent caused by the negligent operations of the Contractor, its subcontractors, agents,
<br />employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
<br />from any claim that personal injury, damages, just compensation, restitution, judicial or equitable reliefis due by -eGse^ 4 the
<br />temg•- 4er- ^{F ^*S ^ g eng this to the extent caused by the material breach of this Agreement. This indengnig, ^nd "eld
<br />eng 04sAgFeengent. The Consultant further agrees to indemnify, hold harmless, and pay ^" c ,.t, {^r the defense of the Git ,
<br />including fees and c ,.t, {^r specie' ee ^ el to be selected by the C4regarding any action by a third party challenging the
<br />validity of this Agreement or asserting that personal injury, damages, just compensation, restitution, judicial or equitable
<br />relief due to personal or property rights to the extent caused by the material breach of this Agreement. G4-Se - "•' Fe n 4 the
<br />^•' iegGl pFeeeeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section
<br />2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
<br />pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
<br />Section D I Firm and Team Experience
<br />Firm Profile
<br />Woolpert is a multi -discipline, global, professional services firm with a keen focus on delivering
<br />exceptional value to our customers and their stakeholders. Over the course of Woolpert's 114-
<br />year history, we have directed and implemented thousands of successful engineering,
<br />geospatial, technology, and asset management projects to the benefit of our diverse clients.
<br />Through results -focused consulting, creative yet practical design, and the innovative
<br />application of technology, Woolpert's team of nearly 2,600 global professionals generates
<br />unique, value-added solutions for our clients' most complex challenges.
<br />Woolpert has been implementing Trimble Cityworks and adjacent solutions for three
<br />decades. Over the course of nearly 500 successful enterprise class Cityworks implementations,
<br />we have established ourselves as Trimble's leading implementation partner. Our customers'
<br />successes are unmatched among the Cityworks user community. We are a Cityworks Platinum
<br />Implementation Partner, as well as the only Cityworks partner to receive a Specialty
<br />Designation based on our internationally recognized thought leadership and contributions to
<br />the advancement of asset management standards and best practices.
<br />CITY OF SANTA ANA I TRIMBLE CITYWORKS CONSULTANT SERVICES
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