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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 />Consultant 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, and 7.5 entitled "Compliance with Laws", <br />"Indemnity" and "Warranty", respectively, shall survive the expiration or termination of this <br />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 Seven Hundred Forty -Five <br />Thousand Nine Hundred Ninety Dollars and Fifty -One Cents ($745,990.51). The fixed sum <br />set forth in this Paragraph 4.1.1 shall constitute the Contract Price which shall not be <br />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 Seventy -Four Thousand Five Hundred Ninety -Nine Dollars and <br />Five Cents ($74,599.05). The contingency accounts for all labor, materials, equipment, <br />overhead, and services necessary for modification or extra work.required to complete the Work <br />because of unforeseen conditions, unforeseen conflicts between existing elements of work and <br />the proposed work; for minor changes required to resolve any unforeseen conditions, Revised <br />Regulations, Technological and Products Development, Operational Changes, Schedule <br />Requirements, Program Interface, Emergencies, and Other Miscellaneous Costs, and for <br />adjustments to estimated quantities installed, and associated time related to the Work. <br />Unforeseen conditions or conflicts as used in this Paragraph 4.2.1, are those conditions which <br />could not have been determined or ascertained from a thorough and careful examination and <br />inspection of the site as provided by Paragraph 1.5.8. The disbursement of all or part of the <br />contingency is entirely at the discretion of the City and must be authorized by the City's <br />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 />