Reso 2017-2705 - Laserfiche WebLink

Home Browse Search

City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax performance bond will not be required. The permit insurance requirements, however, will apply. 6. The Contractor shall be required to complete all warranty work required by this special provision and prior to conclusion of the warranty period, or as otherwise agreed to by the City. 7. The Contractor shall be liable during the warranty period in the same manner as Contractors currently are liable for their construction related activities with the City pursuant to the Standard Specifications for Construction. This liability will arise and continue only during the period when the Contractor is performing warranty work. This liability is in addition to the Contractor performing and/or paying for any required warranty work, and must include liability for injuries and/or damages and any expenses resulting therefrom which are not attributable to normal wear and tear of traffic and weather, but are due to non-compliant materials, faulty workmanship, and to the operations of the Contractor. 9. LIQUIDATED DAMAGES. Upon failure of Contractor to achieve completion of the Services within one hundred and twenty(120) calendar days of issuance of Notice to Proceed from the City Manager or his designee, plus any approved time extensions (if applicable), Contractor shall pay to the City the sum of One Thousand Seventy-Four Dollars (S1,074.00) for each calendar day after the 120 day completion deadline plus any approved time extensions (if applicable). These amounts are not penalties but are liquidated damages to the City for its inability to obtain beneficial use of the Services. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Services on time. The City is authorized to deduct liquidated damages from monies due to Contractor for Services under this Agreement or as much thereof as the City may, in its sole discretion, deem just and reasonable. However, the Contractor will be excused from Liquidated Damages in the event of an event constituting Force Majeure as defined in Section 10 below. 10. FORCE MAJEURE. The City and Contractor will be excused from the performance of their respective obligations under this Agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: (a) the non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration and continues to furnish timely 5 SE C6523-1617-073-SUMMA MECHANICAL CONTRACTORS LLC D/B/A SMC AIR CONDITIONING