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oA? , BOCK 81" ) F,�IJE 841 By terms of the agreement, liquidated damages can be charged to the Contractor as he did not complete the project on time and does not have a basis for an extension of time. The basis for an extension of time is given by Florida Department of Transportation Standard Specifications for Road & Bridge Construction 1986 (FDOT Standard Specs.) referenced in, and made a part of the Contract documents, Page GC -1, Section 3. The FDOT Standard Specs., Division .1, Section 8-7.3.2, Page 69, allows extensions for conditions beyond the control of the contractor not reasonably anticipated at the time of making the bid, among other reasons. On December 4, 1991, the county sent a certified letter to the contractor advising him of our concern over meeting the schedule. The contractor replied in writing to this letter with reasons for his delay. (See his 12-10-91 letter). We respond to the four enumerated reasons as follows: 1. This was verified by the County Projects Inspector. Staff believes this is a valid reason for extension as given by FDOT Standard Specs. 8-7.3.2 and recommends granting a seven (7) day extension for this item. 2. This delay does not fit within the provision of 8-7.3.2, such as being an area wide shortage, a strike, or natural disaster. Staff recommends no time extension should be granted for this item. 3. Removal of•extra end bent piles. The Contractor is required to inspect the site for these kinds of problems. Some anticipation of this work could have been anticipated by a reasonably prudent -contractor in submitting his bid. Staff recommends no time extension should be granted for this item. 4. This was clearly due to the contractor's own lack of internal coordination. Staff recommends no time extension should be given for this item. Staff recommends a total time extension, within contract terms of seven (7) days. The new contract time would be 157 calendar days. Staff wants to make it clear that we are satisfied with the Contractor's overall performance. His on-site personnel were very cooperative and responsive. The workmanship and quality was satisfactory and we would recommend the Contractor for future work of this kind. Our recommendation is merely to enforce a material term of the contract which the Contractor knowingly entered into. In addition, the citizens of the county were required to take a lengthy detour, school buses and emergency vehicles alike, while this construction exceeded its completion date. Therefore, the Board of County Commissioners would be justified in withholding liquidated damages at the rate of $200.00 per day for the number of days over the contract term used by the Contractor. The total number of days the construction was overdue, allowing the above 7 days, was 22 days, at $200.00 per day, or $4,400.00 liquidated damages. The Contractor has been invited to this meeting to speak to the Board to present his reasons why liquidated damages should not be charged. ALTERNATIVES AND ANALYSIS Alternative No 1 - Approve the final pay request in the amount of $456,352.51 and withhold $4,400.00 as liquidated damages for failure to complete the project within 157 calendar days. Alternative No 2 - Approve the final pay request and withhold no liquidated damages. RECOMMENDATION AND FUNDING Staff recommends Alternative No. 1. 36 M M. M