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7.4 <br />Agreement or the construction of the specific project for which the Consultant has provided <br />landscape architectural services under a prior Project Agreement or Letter Agreement, it is <br />determined that the Consultant's documents are incorrect, defective or fail to coliform to <br />the scope of services, due to Consultant's negligent acts or ft>li.lure to act, errors or <br />omissions, upon written notification from the City, the C:onsultaut shall immediately <br />proceed to correct the work, to -perform services which rail to satisfy the foregoing standard <br />of care as determined by the City, and Consultant shall compensate the City as provided in <br />Section 7.3.1 for all costs and expenses associated with correcting said incorrect or <br />defective work, including any additional testing and inspections. The City's rights and <br />remedies underthis section are in addition to, and are cumulative of, any and all other rights <br />and remedies provided by this Agreement, the Project Agreement, the Letter Agreement, <br />by law, equity or otherwise. <br />7.3,1 Where Consultant's actions as described in Section 7.3 result in a Change Order to <br />the Contact for Construction with the Contractor, the Consultant shall compensate the City <br />for the cost of the Change Order work that exceeds the cost of the work had it been included <br />in the construction documents at the tiI13C that IJ165 !'or construction werc received by the <br />City, plus the total of the Contractor's overhead and filly -percent (54°/a) of profit included <br />in the approved Change Order. <br />7.3,2 Any time added to the project schedule in to Change Order that is a result of <br />Consultant's actions as described in Section 7.3 cannot be claimed by the Consultant as <br />additional services nor compensated to (lie Consultant in any way. <br />The Consultant's obligations under Sections 7.3 and 7.3,1 shall survive termination, <br />cancellation, or expiration or this Agreement or any Project Agreement or Letter <br />Agreement, <br />7.5 Any and all drawings, plans, specifications, or other constriction or contract documents <br />prepared by the Consultant shall be accurate, coordinated and adequate rot construction <br />and shall be in conformity and comply with all applicable law, codes, and regulations. <br />Products, equipment, and material specifies for use shall be readily available unless written <br />authorization to the contrary is given by the City. <br />SECTION 8 POLICY OF NON-DISCRIMINATION <br />8.1 The Consultant shall comply with rill federal, state and local laws and ordinances applicable <br />to the work or payment for work and shall not discriminate on the grounds of race, color, <br />national origin, sex, gender identity, sexual orientation, age, disability/handicap, religion, <br />family or income status. <br />SECTION 9 CODE OF ETHICS <br />9.1 The Consultant and its employees shall be bound by the provisions of the City Code of <br />Ethics provided in Chapter 33 of the Code of the City of Sunny Isles Beach, Florida, as <br />may be amended from time to time, which standards Shall by this reference. be made a part <br />Authorized City Representative's Initials:" M Autharia9tf Consultant Ropresentalive s Initial <br />6 <br />