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responsible for the legal disposal of hazardous waste generated in the <br />performance of their work. <br />Safety Indemnification: To the extent allowed by law, the Proposer agrees to defend, <br />indemnify and hold harmless the City, its officers, employees and agents from and <br />against any and all investigations, complaints, citations, liability, expense (including <br />defense costs and legal fees), claims and/or causes of action for damages of any nature <br />whatsoever, including but not limited to injury or death to employees of the Proposer, its <br />subcontractors or City, attributable to any alleged act or omission of the Proposer or its <br />subcontractors which is in violation of any Cal OSHA regulation. The obligation to <br />defend, indemnify and hold harmless includes all investigations and proceedings <br />associated with purported violations of Section 336.10 of Title 8 of the California Code <br />of Regulations pertaining to multi -employer work sites. The City may deduct from any <br />payment otherwise due the Proposer any costs incurred or anticipated to be incurred by <br />the Agency, including legal fees and staff costs, associated with any investigation or <br />enforcement proceedings brought by Cal OSHA arising out of the assigned work. <br />II. INSTRUCTIONS TO PROPOSERS <br />A. CITY RESPONSIBILITIES <br />The City will provide information in its possession relevant to preparation of required <br />information in RFP. The City will provide only the staff assistance and documentation <br />specifically referred to herein. <br />B. PROPOSER RESPONSIBILITIES <br />Point of Contact. The selected proposer will assume responsibility for all services in its <br />proposal. The selected proposer shall identify a sole point of contact with the greatest <br />knowledge in regard to the required service operations and contractual matters, <br />including payment of any and all charges resulting from the Agreement. <br />Evidence of Financial Capacity: Proposer may be requested to submit its most recent <br />audited financial statement, evidencing proposer's financial capacity to fully perform the <br />required services, including provision of equipment and personnel expenses over a <br />ninety (90) day period. If said financial statement does not reflect full ninety (90) day <br />operational capacity, proposer may include a letter of credit as evidence of <br />supplemental capacity. <br />C. REQUEST FOR INFORMATION OR CLARIFICATION <br />All questions or requested clarifications shall be made in writing via e-mail to the Project <br />Manager (contact information as noted on the cover page to this RFP) by or before the <br />"Deadline for Requests for Information" date noted on the cover page of this RFP. No <br />verbal requests or responses will be accepted. Significant interpretations or <br />clarifications will be addressed via addenda to this RFP, as indicated below in SUB- <br />SECTION II.D "ADDENDA". <br />City of Santa Ana RFP 25-046 <br />Programmable Logic Controller (PLC) Programming and Consulting Services <br />Page 8 <br />