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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />in the forms required or requested by the City, the City's Representative, or the City's <br />Engineer. <br />3.3 Time is of the Essence <br />3.3.1 All limitations of time set forth in the Contract Documents are of the essence <br />of this Contract. <br />3.4 The Terms of Sections 1.8, 7.15, 7.5, and 11.3, entitled "Compliance with Laws", <br />"Indemnity", "Warranty", and "Post Construction Repairs", respectively, shall survive the <br />expiration or termination of this Agreement. <br />ARTICLE IV <br />CONTRACT PRICE <br />4.1 The Contract Price <br />4.1.1 The City shall pay, and the Contractor shall accept, as full and complete <br />payment for all of the Work required herein, the fixed sum of Three Hundred Seventy -Nine <br />Thousand Three Hundred Thirty -Nine Dollars and Fifty -Five Cents ($379,339.55). The <br />fixed sum set forth in this Paragraph 4. 1.1 shall constitute the Contract Price which shall not <br />be modified except by Change Order as provided in this Contract. <br />4.2. Contingency <br />4.2.1 In addition to the Contract Price set forth in Paragraph 4.1.1, there shall be a <br />contingency in the amount of Thirty -Seven Thousand Nine Hundred Thirty -Three Dollars and <br />Ninety -Six Cents ($37,933.96). The contingency accounts for all labor, materials, equipment, <br />overhead, and services necessary for modification or extra work required to complete the <br />Work because of unforeseen conditions, unforeseen conflicts between existing elements of <br />work and the proposed work; for minor changes required to resolve any unforeseen <br />conditions, Revised Regulations, Technological and Products Development, Operational <br />Changes, Schedule Requirements, Program Interface, Emergencies and Other Miscellaneous <br />Costs; and for adjustments to estimated quantities installed; and associated time related to the <br />Work. Unforeseen conditions or conflicts as used in this Paragraph 4.2.1, are those conditions <br />which could not have been determined or ascertained from a thorough and careful <br />examination and inspection of the site as provided by Paragraph 1.5.8. The disbursement of <br />all or part of the contingency is entirely at the discretion of the City and must be authorized by <br />the City's Representative and approved by the City. <br />ARTICLE V <br />PAYMENT OF THE CONTRACT PRICE <br />5.1 Schedule of Values <br />5.1.1 At least seven (7) days before the first Pre -Construction Meeting, the Contractor <br />shall submit to the City and to the City's Representative a Schedule of Values allocating the <br />Contract Price to the various portions of the Work in conformance to the revised bid form <br />Unitec Inc. <br />