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PAGE 118 | RFQ 26-07-01; CITY OF SUNNY ISLES BEACH CONTINUING PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONSULTING SERVICES <br />(CCNA) <br />TAB 8 - EXCEPTIONS <br />PROPOSED CONTRACT MODIFICATIONS <br /> <br />CONTRACT <br />REFERENCE <br />PROVISION REMARKS <br />Section 4 (Term), <br />Paragraph 4.3 <br />(Delay Damages / <br />Liquidated <br />Damages) <br />CHA respectfully requests consideration regarding the following <br />modifications to Paragraph 4.3 (Delay Damages/Liquidated <br />Damages): <br /> <br />4.3 Delay Damages (Liquidated Damages)…It is agreed, <br />therefore, that from the compensation otherwise to be paid to the <br />Consultant, the City may retain the sum of FIVE Hundred Dollars <br />($500.00) ONE HUNDRED Dollars ($100.00) per calendar day <br />for each day thereafter, Sundays and holidays included, that the <br />Work or Services remains uncompleted… <br /> <br />We would respectfully <br />request that the City <br />consider the suggested <br />revision. <br />Section 5 <br />(Termination, <br />Default & <br />Remedies), <br />Paragraph 5.3 <br />(Correction of <br />Services) <br />CHA respectfully requests consideration regarding the following <br />modifications to Paragraph 5.3 (Correction of Services): <br /> <br />5.3 Correction of Services. If, in the reasonable judgment of City, <br />the Services provided by Consultant do not conform to the <br />requirements of this Agreement, Project Agreement, or Letter <br />Agreement, or if the Services exhibit poor workmanship such that <br />they do not comply with the standard of care, City reserves the <br />right to require that Consultant correct all deficiencies in the <br />Services to bring the Services into conformance without additional <br />cost to City, and/or replace any personnel who fail to perform in <br />accordance with the requirements of this Agreement. City shall be <br />the , in its sole reasonable judgement, shall determine questions of <br />non-conformance and the quality of Services. <br /> <br />We would respectfully <br />request that the City <br />consider the suggested <br />revision. <br />Section 27 (Time <br />is of the Essence), <br />Paragraph 27.1 <br />CHA respectfully requests consideration regarding the following <br />modifications to Paragraph 27.1: <br /> <br />27.1 All limitations of time set forth in this Agreement or any <br />resulting Project Agreement or Letter Agreement are, subject to the <br />applicable standard of care set forth herein, of the essence[.] <br />We would respectfully <br />request that the City <br />consider the suggested <br />revision. <br />