Reso 2026-3973 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax documentation in the forms required or requested by the City, the City's Representative, or the City's Consultant Engineer. 3.3 Time is of the Essence 3.3.1 All limitations of time set forth in the Contract Documents are of the essence of this Contract. 3.4 The Terms of Sections 1.8, 7.15, and 7.5 entitled "Compliance with Laws", "Indemnity" and "Warranty", respectively, shall survive the expiration or termination of this Agreement. 3.5 Liquidated Damages. Failure to complete all the work within the time specified above, including any extension granted in writing by the City, shall obligate the Contractor to pay the City, as liquidated damages and not as a penalty, an amount equal to One Thousand Dollars and No Cents ($1,000.00) for each calendar day of delay in the completion of all the work. If any liquidated damages are unpaid by the Contractor, the City shall be entitled to deduct these unpaid liquidated damages from the monies due the Contractor. ARTICLE IV CONTRACT PRICE 4.1 The Contract Price 4.1.1 The City shall pay, and the Contractor shall accept, as full and complete payment for all of the Work required herein, Two Million Nine Hundred Sixty -Three Thousand Two Hundred Thirteen Dollars and Twenty -Two Cents ($2,963,213.22), which amount was previously approved by the City Commission via Resolution No. 2023- 3557. The total fixed sum set forth in this Paragraph 4.1.1 shall constitute the Contract Price which shall not be modified except by Change Order as provided in this Contract. 4.2. Contingency 4.2.1 In addition to the Contract Price set forth in Paragraph 4.1.1, there shall be a contingency in the amount of Four Hundred Sixteen Thousand Three Hundred Seventy - Six Dollars and Sixty Cents ($416,376.60), which amount was previously approved by the City Commission via Resolution No. 2023-3557. The contingency accounts for all labor, materials, equipment, overhead, and services necessary for modification or extra work required to complete the Work because of unforeseen conditions, unforeseen conflicts between existing elements of work and the proposed work; for minor changes required to resolve any unforeseen conditions, Revised Regulations, Technological and Products Development, Operational Changes, Schedule Requirements, Program Interface, Emergencies, and Other Miscellaneous Costs, and for adjustments to estimated quantities installed, and associated time related to the Work. Unforeseen conditions or conflicts as used in this Paragraph 4.2.1, are those conditions which could not have been determined or ascertained from a thorough and careful examination and inspection of the site as provided by Paragraph 1.5.8. The disbursement of all or part of the contingency is entirely COMTECH ENGINEERING, INC.