Package_1_-_County_LD_Schedule_(for_Purchasing_only).xlsx
XLSX spreadsheet 29 KB Posted
- Solicitation number
- 26-0361-ITB-C
- Issued by
- Pinellas County, Clewiston City, Florida
About this file
This is a Liquidated Damages Calculator spreadsheet prepared by Pinellas County, Florida for Fiscal Year 2027 Pavement Preservation - Package 1 (Contract No. 26-0361-REQ). The project encompasses four paving locations within Pinellas County, consisting of two arterial and two local neighborhood projects totaling approximately 38.55 lane miles of roadway. The construction duration is specified as 210 calendar days. The Engineer's Estimate of probable construction cost is $7,022,862.05. The spreadsheet serves as a tool for determining appropriate liquidated damages amounts on a project-by-project basis to compensate the County for delays in project completion.
The calculated total liquidated damages amount is $1,388.80 per day of delay, derived from Construction Administration and Inspection costs of $1,307.91 and Project Manager/Assistant Project Manager hourly burdened rate of $80.89 per day. The spreadsheet includes provisions for evaluating various cost elements that may result from construction delays, including design consultant fees, construction administration fees, project management time, department overhead, agency administrative costs, temporary facilities, lost revenues, and interest on borrowed funds. The document emphasizes that liquidated damages must be reasonable and based on definite standards such as established experience or direct inference from known circumstances to ensure enforceability and prevent the damages from being deemed speculative or punitive.
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Table
| LIQUIDATED DAMAGES CALCULATOR |
| Project Name: Fiscal Year 2027 Pavement Preservation - Package 1 |
| Contract No.: 26-0361-REQ |
| Enter Design Consultant's total post design fee | $ - 0 |
| Enter Construction Administrator's total Fee | N/A |
| Duration of Construction (calendar days) | 210 |
| 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 | $ 7,022,862.05 |
| Elements for Liquidated Damages Determination: | ||
| Design Consultant Fees | 0 | Total post design fee divided by construction duration *3% |
| Construction Administration/Inspection | $ 1,307.91 | Daily combined burdened rate for CA staff + Consultant CEI |
| Project Manager/Assistant Project Manager | $ 80.89 | (1 hour/day burdened rate) |
| Department Project Overhead | LD Schedule | |
| 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 | $ 1,388.80 | |
| Prepared by: | ||
| 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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