RE-BID ITB # 23-10-01 JOINT PROCUREMENT CENTRAL ISLAND

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ITB 23-03-01 Sunny Isles Beach Central Island Area Drainage Improvement and North Miami Beach Distribution System Watermain Replacements 15.3 All time limits stated in the Contract Documents are of the essence. The provisions of this Article 15 shall not exclude recovery for damages for delay by the CONTRACTOR. 15.4 Delays caused by or resulting from entities, CONTRACTORs or subcontractors who are not affiliated with the CONTRACTOR (non-affiliated CONTRACTORs) shall not give rise to a claim by the CONTRACTOR for damages for increases in material and/or labor costs. Such entities, CONTRACTORs and subcontractors include, but are not limited to, the CITY's CONTRACTORs and subcontractors, Florida Power and Light Company, AT&T and Florida East Coast Railway, LLC. ARTICLE 16 – LIQUIDATED DAMAGES 16.1 If the Work is not fully complete according to the terms of this Agreement within the limits herein stipulated (See Article 5), the CONTRACTOR shall pay the CITY, not as a penalty, but as liquidated damages, a sum equal to three thousand five hundred dollars ($3,500) per day for each day elapsing between the expiration of such time limit and the date of full completion, providing, however, that the time limits herein stated are subject to extension without payment of damages, as provided in Articles 5 and 8, herein. It is agreed that these liquidated damages are a good faith and reasonable pre-estimate of CITY’s actual damages due to delay by CONTRACTOR because it is difficult, if not impossible, to accurately estimate the actual damages suffered by CITY due to any such delay. As compensation due 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 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. 16.2No Extended Damages: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR covenants and agrees that in the event of any delay of construction or for any reason, allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the CITY, that there will be no entitlement to CONTRACTOR to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any business damages or losses of whatever type or nature, and CONTRACTOR hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and agreed upon by both the CITY and the CONTRACTOR. ARTICLE 17 – SUSPENSION OF WORK AND TERMINATION 17.1 CITY May Suspend Work: The CITY may, at any time and without cause, suspend the Work or anyportion of the Work for a period of not more than ninety (90) days by notice in writing to the CONTRACTOR which shall fix the date on which Work shall be resumed. The CONTRACTOR shall resume the Work on the date fixed. The CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, PAGE 29OF 38