Colliers Engineering & Design Bid Document (18)

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Page 1 | 4 PPRROOPPOOSSEEDD EEXXCCEEPPTTIIOONNSS CITY OF SUNNY ISLES BEACH RFQ # 26-07-01 CONTINUING PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONSULTING SERVICES (CCNA) Proposed Exceptions to Sample Draft CCNA Template 4.3 Intentionally Omitted. Delay Damages (Liquidated Damages). As to this Agreement, or Project Agreements or Letter Agreements, that have deadlines, time will be of the essence unless stated otherwise. In the event the work or Services are not completed within the time specified, the City will suffer damages, the amount of which is difficult if not impossible to ascertain. It is agreed, therefore, that from the compensation otherwise to be paid to the Consultant, the City may retain the sum of FIVE HUNDRED Dollars ($500.00) per calendar day for each day thereafter, S undays and holidays included, that the Work or Services remains uncompleted. This sum shall represent liquidated damages that the City will have sustained per calendar day from the inconvenience and expense caused to the City by the delay in the completion of the Work or Services. This sum is not a penalty, being the liquidated damages the City will have sustained in event of such default by the Consultant. The City reserves the right to additionally recover direct expenses incurred during the period of any delay. The Consultant shall be liable for liquidated damages even if the Agreement, Project Agreement, or Letter Agreement is terminated by the City for cause or if the Consultant abandons the Work or Services. Reason for Liquidated Damages Exception If a dispute arises over delay damages, the City shall have the burden of substantiating the damages associated with the delay. SECTION 15 INSURANCE 15.1.1 Comprehensive General Liability Insurance. Consultant shall be required to purchase, maintain, and keep in full force, effect, and good standing, Comprehensive General Liability with primary limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate during the initial and any renewal term of this Agreement. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Of fice, and must include: • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, Reason for Insurance Exception Colliers Engineering & Design 70