005582A_County_LD_Schedule.xlsx
XLSX spreadsheet 25 KB Posted
- Solicitation number
- 24-0791-ITB-C
- Issued by
- Pinellas County, Clewiston City, Florida
About this file
This document is a Liquidated Damages Calculator spreadsheet for Pinellas County, Florida, specifically for the 53rd Avenue N. Force Main Replacement project (PID No. 005582A). The project involves replacing an aging 20" & 24" concrete force main with a new PVC force main, to be installed via open cut and horizontal directional drilling (HDD) methods. The project has a construction duration of 365 calendar days, with an engineer's estimated probable construction cost of $2,668,000.00.
The liquidated damages for this project are calculated at $1,510.06 per day, derived from various elements including design consultant fees ($67.66), construction administration/inspection costs ($1,359.00), and a daily project manager rate of $83.40. The calculation methodology considers potential daily costs such as staff time, administrative overhead, and project management expenses. The spreadsheet provides a detailed breakdown of how the liquidated damages rate was determined, emphasizing the need for a reasonable and justifiable approach that reflects potential actual damages from project delays.
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Table
| LIQUIDATED DAMAGES CALCULATOR |
| Project: 53rd Avenue N. Force Main Replacement |
| PID No.: 005582A |
Enter Design Consultant's total post design fee $ 23,976.00 tc={4B4EADFB-ACA9-4144-B48A-4067AF4656A1}: [Threaded comment]
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Comment:
Needed from PM
| Enter Construction Administrator's total Fee | N/A |
| Duration of Construction (calendar days) | 365 |
| Enter Total Project Enclosed Square Footage (if applicable) | N/A |
| Enter Total Daily Department PM/APM Full time Equivalents | N/A |
| Engineer's Estimate of probable construction cost | $ 2,668,000.00 |
| Elements for Liquidated Damages Determination: | ||
| Design Consultant Fees | $ 67.66 | Total post design fee divided by construction duration *3% |
| Construction Administration/Inspection | $ 1,359.00 |
tc={46F5CF41-47C1-42AF-B6C4-96BD94D6563A}: [Threaded comment]
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Comment:
If CEU's are administered by Construction tc={4B4EADFB-ACA9-4144-B48A-4067AF4656A1}: [Threaded comment]
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Comment:
| Needed from PM | Daily combined burdened rate for CA staff + Consultant CEI | |||
| Project Manager/Assistant Project Manager | $ 83.40 | (1 hour/day burdened rate) | ||
| Department Project Overhead | $ - 0 | |||
| Agency Administrative Costs | $ - 0 | |||
| Temporary Heat/Cooling/Electric | $ - 0 | |||
| Temporary Storage of Owner Provided FFE | $ - 0 | |||
| Rental/Lease of Facilites for Staff, and/or Clients | $ - 0 | |||
| Lost revenues | $ - 0 | |||
| Lost grant revenues | $ - 0 | |||
| Interest | $ - 0 | |||
| Rental / moving expenses | $ - 0 | |||
| Cost for Insurance | ||||
| Other | ||||
| Total Liquidated Damages Amount per day | $ 1,510.06 | |||
| Prepared by: | Karen O'Connor | |||
| Edit Highlighted Areas |
Definitions
| A. LIQUIDATED DAMAGES: |
| Liquidated damages are a specific sum (or a sum readily determinable) of money, stipulated by the contracting parties, as the amount to be recovered for each day of delay in delivery of the product. |
| Typically, the actual damage amount is unknown or difficult to estimate and is liquidated by the mutual agreement to the rate. Liquidated damages must be based on a reference to a definite standard, such as market value, established experience, or direct inference from known circumstances. |
| Liquidated damages can not be speculative or a penalty. |
| B. RATE DETERMINATION: |
| The amount of liquidated damages must be reasonable to ensure that the damages will not be held to be unenforceable. Therefore, the rate of liquidated damages, also, must be reasonable and is figured on a project-by-project basis. |
| On the other hand, you do not want to set the liquidated damages at too low an amount. Once liquidated damages are included in a contract, you will be unable to recover actual damages in excess of the specified amount. |
| C. HOW TO DETERMINE THE AMOUNT OF ANTICIPATED ACTUAL DAMAGES IN ORDER TO ESTABLISH AN APPROPRIATE AMOUNT FOR LIQUIDATED DAMAGES: |
| Examples of Elements of Rate Determination are listed below (All rates to be based on daily cost). The following list of criteria should be considered when determining anticipated damages that may be caused by a delay in the completion of a project. |
| Some of these are hard costs; others are based upon nonquantifiable factors. |
*Design Consultant Fees – calculated as the construction administration portion of the consultant fee divided by the construction duration multiplied by 3% per year based on duration. If not known, use estimate.
| *Construction Administration Fee - Generally calculated by the Construction Division; however, if Construction Division is not inspecting, cost can be based on the total cost for CA divided by the construction duration (multiplied by 3%/year). |
| FDOT grant funded projects will use the FDOT LD Schedule. |
| *Project Manager/Assistant Project Manager Time – Hourly burdened rate of PM or APM. |
| *DPW Project Overhead - based upon daily rate for DPW administrative overhead costs not recovered in PM billing rate. |
| *Agency Administrative Costs – based upon daily rate for agency personnel assigned to work on project or agency personnel required to spend a portion of their time should be included at that percentage of the daily rate. |
| *Temporary Heat/Cooling/Electric, Owner provided – Per S.F. of project area/day. |
| *Temporary Storage of Owner provided FFE – Costs for storage of Furniture, Fixtures, and Equipment, or other storage of products or materials caused by the delayed turn over of the facility. |
| *Rental/Lease of Facilities for Staff, and/or Clients – calculated in coordination with the agency representative based upon specific needs and available alternatives. |
| *Loss of revenue - Loss of potential revenue from a facility not opening as scheduled. |
| *Loss of grant - Loss of grant funding should the project not be completed on time. |
| *Interest (on borrowed funds) during unexcused delays in completion or periods of non-use. |
| *Rental/moving or other expenses for alternate space. |
| *Costs for insurance, utilities, or equipment. |
| D. HOW TO DOCUMENT THE MEANS BY WHICH LIQUIDATED DAMAGES ARE ESTABLISHED: |
| 1. Determine your anticipated actual per diem damages using criteria such as those listed above. |
| 2. Determine the appropriateness of the figure arrived at in Step 1. The anticipated figure may be used, or a percentage of that figure may be determined to be more appropriate for liquidated damages. |
| 3. Create a typewritten document of the criteria, calculations, and judgments used above. |
| 4. Place the documentation with the Contracts Unit project file for future reference. It is essential to keep all of the records used to determine the per diem liquidated damages amount. |
| This documentation is important to resolve possible future claims, for audit purposes, and for reference in developing future liquidated damages clauses. |
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