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2020-249B
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Last modified
3/5/2021 2:26:26 PM
Creation date
1/14/2021 11:03:20 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/01/2020
Control Number
2020-249B
Agenda Item Number
12.G.1.
Entity Name
Guettler Brothers Construction, LLC
Subject
Contractor, Sector 3 Beach and Dune Restoration Project
Project Number
IRC-1925
Bid Number
2021012
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General Conditions, and completed and ready for final payment in accordance with <br />paragraph 14.07 of the General Conditions on or before the date when the Contract Times <br />commence to run. Substantial completion is defined as completion of the heavy <br />equipment portion of the project on the beach, meaning sand hauling processing, testing, <br />compaction, placement and grading. Heavy equipment work will not be allowed on the <br />beach after April 30th, but dune vegetation planting will be allowed (please refer to FDEP <br />permit and CONTRACT Technical Specifications for permit allowed working dates). <br />Heavy equipment work not completed by April 30, 2021 will need to cease and all <br />equipment removed from the beach and CONTRACTOR will not be allowed to perform <br />Beach Nourishment activities again until after the sea turtle nesting season ends on <br />October 31, 2021. <br />4.03 Liquidated Damages <br />A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and <br />that OWNER will suffer financial loss if the Work is not substantially completed within the <br />times specified in paragraph 4.02 above, plus any extensions thereof allowed in <br />accordance with Article 12 of the General Conditions. Liquidated damages will commence <br />for this portion of work on November 1, 2021, which excludes the time CONTRATOR is <br />not allowed to work based on sea turtle nesting season as identified in FDEP Permit. The <br />parties also recognize the delays, expense, and difficulties involved in proving in a legal <br />proceeding the actual loss suffered by OWNER if the Work is not completed on time. <br />Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that <br />as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER <br />$4,344 for each calendar day that expires after the time specified in paragraph 4.02 for <br />Substantial Completion (excluding the period between May 1 and October 31, 2021) until <br />the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall <br />neglect, refuse, or fail to complete the remaining Work within the Contract Time or any <br />proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $4,344 <br />for each calendar day that expires after the time specified in paragraph 4.02 (excluding the <br />period between May 1 and October 31, 2021) for completion and readiness for final <br />payment until the Work is completed and ready for final payment. In the event the <br />CONTRACTOR fails to substantially complete the project by April 30, 2021 and must <br />return to substantially complete the Project after October 31, 2021, the CONTRACTOR <br />shall not be compensated for any remobilization or demobilization costs. <br />ARTICLE 5 - CONTRACT PRICE <br />5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the <br />Contract Documents, an amount in current funds equal to the sum of the amounts <br />determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: <br />A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. <br />B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: <br />Numerical Amount: $11.987,010.00 <br />Written Amount: Eleven million, nine hundred eicihty seven thousand ten dollars <br />and zero cents. <br />00520.- Agreement (Public Works) REV 10-18.doc <br />00620-3 <br />HABids12020-2021 FY (2021000)12021012 Sector 3 Dune Rebid100520 7 Agreement (Public Works) REV 10-18.doc <br />
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