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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 />3.5 Liquidated Damages Failure to complete all the work within the time specified above, <br />including any extension granted in writing by the City, shall obligate the Contractor to pay the <br />City, as liquidated damages and not as a penalty, an amount equal to One Thousand Dollars <br />and No Cents ($1,000.00) for each calendar day of delay in the completion of all the work. If <br />any liquidated damages are unpaid by the Contractor, the City shall be entitled to deduct these <br />unpaid liquidated damages from the monies due the Contractor. <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 Two Million Nine Hundred <br />Sixty -Three Thousand Two Hundred Thirteen Dollars and Twenty -Two Cents <br />($2,963,213.22), which amount was previously approved by the City Commission via <br />Resolution No. 2023-3557. The total fixed sum set forth in this Paragraph 4.1.1 shall <br />constitute the Contract Price which shall not be modified except by Change Order as <br />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 Four Hundred Sixteen Thousand Three Hundred Seventy - <br />Six Dollars and Sixty Cents ($416,376.60). The contingency accounts for all labor, <br />materials, equipment, overhead, and services necessary for modification or extra work <br />required to complete the Work because of unforeseen conditions, unforeseen conflicts <br />between existing elements of work and the proposed work; for minor changes required to <br />resolve any unforeseen conditions, Revised Regulations, Technological and Products <br />Development, Operational Changes, Schedule Requirements, Program Interface, <br />Emergencies, and Other Miscellaneous Costs, and for adjustments to estimated quantities <br />installed, and associated time related to the Work. Unforeseen conditions or conflicts as <br />used in this Paragraph 4.2.1, are those conditions which could not have been determined <br />or ascertained from a thorough and careful examination and inspection of the site as <br />provided by Paragraph 1.5.8. The disbursement of all or part of the contingency is entirely <br />at the discretion of the City and must be authorized by the City's Representative and <br />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 <br />Contractor shall submit to the City and to the City's Representative a Schedule ofValues <br />allocating the Contract Price to the various portions of the Work in conformance to the <br />revised bid form submitted by Contractor in response to the ITB. The Schedule of Values <br />shall be used only as a basis for the Contractor's Applications for Payment and shall only <br />COMTECH ENGINEERING, INC. 8 <br />