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CITY OF SUNNY ISLES BEACH .. 411` 18070 Collins Avenue SunnyI5les Beach; Florida 33160 ,3`a"'Y't<; � z : www°sibf.net 44 �: :vc1 • wY ate. -• ... O cn. .49 of sus� 0ki Manager. Failure to complete the project in accordance with the specifications and to-'the:,`` satisfaction of the City within the time stated for substantial and/or final completion shall cause the` Contractor to be subject to charges for liquidated damages for each and every calendar day the work remains incomplete beyond these deadlines. Time is of the essence and $250.00 a day liquidated damages may be assessed for every calendar day the project is late. As compensation due to the City for loss of use and for additional costs incurred by the City due to such non-completion of the work, the City shall have the right to deduct the said liquidated damages from any amount due, or that may become due to the Contractor under this agreement, or to invoice the Contractor for such damages if the costs incurred exceed the amount due to the Contractor. 2.9 FORCE MAJEURE No Party shall hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of the other party or that could not have been reasonably foreseen and prevented. For this purpose, such acts or circumstances shall include, but not be limited to weather conditions affecting performance,floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties shall use their best efforts to overcome the difficulties arising therefrom and to resume the Work as soon as reasonably possible with the normal pursuit of the Work. No Party shall be liable for its failure to carry out its obligations under the Agreement during a period when such Party is rendered unable by force majeure to carry out its obligation, but the obligation of the Party or Parties relying on such force majeure shall be suspended only during the continuance of the inability and for no longer period than the unexpected or uncontrollable event. The Contractor shall use its reasonable efforts to minimize such delays. The Contractor shall promptly provide an estimate of the anticipated additional time required to complete the Project. 2.10 DELIVERY Requirements warrant that lead-times for furnishing and delivery of equipment and supplies will need to be considered to accommodate the project timeframe. Contractor shall provide to the City a list of equipment required to maintain orderly progress of the Work and those required to order immediately upon NTP due to long fabrication and delivery lead times. All material must be F.O.B. destination. The Contractor is solely liable and responsible for the purchase, delivery, and installation of all materials and equipment. The contractor will make all arrangements in regards to delivery, storage, installation, and warranty requirements. Contractor will be solely liable for receiving, inspecting, accepting, and replacing any damaged materials or equipment and filing any and all claim with suppliers or transporters. Contractor is responsible for the protection of all materials and equipment from adverse weather conditions, damage, deterioration, and theft until the Work has been accepted by the City. 2.11 DIRECT PURCHASE a City_of.Sunnyasles_Beach..1 Invitation-to.:Bid No..GATEWAY PARK CENTER 19-01;;701