Cummins Cederberg Bid Document (14)

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Continuing Professional Architectural and Engineering Consulting Services (CCNA), RFQ 26-07-01 Cummins Cederberg | Trusted by the Coast. Proven in Practice. 111 EXCEPTIONS Cummins Cederberg has reviewed the sample agreement and respectfully identifies the following items for clarification and discussion during contract negotiations. These items are intended to clarify allocation of risk and contract administration and do not affect our commitment to perform the requested services. 1. Section 4.3 – Delay / Liquidated Damages Request clarification that liquidated damages and associated direct expenses would apply only to delays directly attributable to the Consultant and would exclude delays resulting from the City, third parties, regulatory or permitting agencies, force majeure events, or other circumstances beyond the Consultant’s reasonable control. 2. Sections 7.3, 7.3.1 and 29 – Consultant Liability / Correction of Services Request clarification that responsibility for correction, re-performance, change orders, and associated costs would apply to the extent caused by the Consultant’s negligent acts, errors, or omissions. Cummins Cederberg also requests the opportunity to discuss an appropriate limitation of liability during contract negotiations. 3. Section 15 – Insurance Requirements Request that required insurance limits, coverages, and endorsements be subject to commercially available coverage and confirmation during contract negotiations, and that any subsequent revisions to insurance requirements during the Agreement term be mutually agreed upon in writing. 4. Section 3.1 – Reimbursable Expenses Request clarification that the Consultant would not be required to incur direct, non-salary expenses exceeding the amount authorized in the applicable Project Agreement or Letter Agreement without prior written authorization from the City and agreement regarding additional compensation. 5. Section 6.4 – Notice of City Noncompliance Request that the three-day notice provision allow for prompt written notice after the Consultant becomes aware of the City’s noncompliance, without automatic waiver solely due to failure to provide notice within three days. 6. Section 4 – Compensation / Rate Adjustments Request clarification that negotiated billing rates may be reviewed and adjusted annually during the five- year Agreement term, subject to mutual agreement between the parties.