Colliers Engineering & Design Bid Document (18)

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Page 3 | 4 or the performance of services pursuant to this Bid and / or from any procurement decision of the City including without limitation, awarding the Contract to the Proposer. Reason for Indemnification Exception : As a professional services provider, our professional liability insurance does not cover the negligence of other parties. We request the defense carveout specifically as it relates to professional liability claims from the duty to defend because the market place for professional liability insurance will not provide a defense to a professional negligence claim that has been levied against a non - professional entity. As such, if a defense is tendered to both our professional and general liability policies, they will inevitably both deny the defense and seek the other to provide the defense. If the carveout is accepted, our general liability provides defense, and if the claim is determined to arise out of our professional negligence, our professional liability will provide a full indemnification, including attorneys’ fees and costs. We also kindly request that liability is limited to the percentage of fault to the extent that such losses, expenses, demands, actions and claims are due to Consultant’s negligent performance. Proposed Exceptions to Special Terms and Conditions Intentionally Omitted. Delay Damages (Liquidated Damages). As to the awarded 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 thereaf ter, Sundays 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 comp letion 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. 2.10.1 Comprehensive General Liability Insurance ŽŶƐƵůƚĂŶƚƐŚĂůůďĞƌĞƋƵŝƌĞĚƚŽƉƵƌĐŚĂƐĞ͕ŵĂŝŶƚĂŝŶ͕ĂŶĚŬĞĞƉŝŶĨƵůůĨŽƌĐĞ͕ĞĨĨĞĐƚ͕ĂŶĚŐŽŽĚƐƚĂŶĚŝŶŐ͕ ŽŵƉƌĞŚĞŶƐŝǀĞ'ĞŶĞƌĂů>ŝĂďŝůŝƚǇǁŝƚŚƉƌŝŵĂƌǇůŝŵŝƚƐŽĨKŶĞDŝůůŝŽŶŽůůĂƌƐ;Ψϭ͕ϬϬϬ͕ϬϬϬͿƉĞƌŽĐĐƵƌƌĞŶĐĞ ĂŶĚdǁŽDŝůůŝŽŶŽůůĂƌƐ;ΨϮ͕ϬϬϬ͕ϬϬϬͿĂŐŐƌĞŐĂƚĞĚƵƌŝŶŐƚŚĞŝŶŝƚŝĂůĂŶĚĂŶǇƌĞŶĞǁĂůƚĞƌŵŽĨƚŚĞŽŶƚƌĂĐƚ͘ Colliers Engineering & Design 72