FDOT_Liquidated-Damages-2026-2027.pdf
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- Solicitation number
- PD 26-27.004
- Issued by
- Escambia County, Florida
About this file
This document is a liquidated damages schedule from the Florida Department of Transportation (FDOT) applicable to state and local contracts in Florida, specifically referenced in relation to the CDBG-DR HS004 New Escambia County Area Transit (ECAT) Facility project. The schedule establishes daily liquidated damage charges that contractors must pay to the Department for failure to complete contract work within the specified contract time, as required under Section 337.18, paragraph (2) of the Florida Statutes. The ECAT project involves construction services to build five structures in Pensacola, Florida: an Administration Building, Maintenance Building, Passenger Terminal Transfer Center, Bus Wash, and Fuel Station along Clarinda Lane.
The liquidated damages are tiered based on the original contract amount, ranging from $1,318 per calendar day for contracts valued at $299,999 and under to $11,171 per calendar day plus 0.00005 of any amounts exceeding $40 million for contracts valued at $40 million and over, with amounts rounded to the nearest whole dollar. These standardized daily charges apply uniformly across FDOT contracts and serve as predetermined compensation for time-related delays, eliminating the need for the Department to prove actual damages resulting from contractor non-performance within the contract timeline.
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Text version
8-10 Liquidated Damages for Failure to Complete the Work.
8-10.1 Highway Code Requirements Pertaining to Liquidated Damages:
Section 337.18, paragraph (2) of the Florida Statutes, requires that the Department adopt regulations for the determination of default and provides that the Contractor pay liquidated damages to the Department for any failure of the Contractor to complete the Contract work within the Contract Time. These Code requirements govern, and are herewith made a part of the Contract.
8-10.2 Amount of Liquidated Damages:
Applicable liquidated damages are the amounts established in the following schedule:
Original Contract Amount Daily Charge Per Calendar Day
$299,999 and under ....................................................$1,318 $300,000 but less than $2,000,000..............................$1,609 $2,000,000 but less than $5,000,000...........................$2,529 $5,000,000 but less than $10,000,000.........................$3,498 $10,000,000 but less than $20,000,000.......................$4,752 $20,000,000 but less than $40,000,000.......................$6,703 $40,000,000 and over ............... ……………………….$11,171 plus 0.00005 of any amounts over $40 million (Round to nearest whole dollar)
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