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2012-195B
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2012-195B
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Last modified
1/6/2016 1:24:34 PM
Creation date
10/1/2015 4:47:40 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/23/2012
Control Number
2012-195B
Agenda Item Number
8.H.2
Entity Name
Mancil's Tractor Service Agreement
Subject
West Wabasso Sewer and Drainage Improvement Project Phase 1
Area
Whitfield Subdivision of West Wabasso
Supplemental fields
SmeadsoftID
11616
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F j <br /> (b) From 11 calendar days to 90 calendar days from the effective date of Notice to <br /> Proceed , the CONTRACTOR shall complete the following tasks : <br /> 1 . Install all pipe and appurtenant items . <br /> 2 . Perform all testing . <br /> 3 . Restore all disturbed areas to their pre-construction condition . <br /> 4 . Correct all deficiencies noted by Engineer. <br /> Completion of all tasks outlined above (i . e . , Subparagraphs a) and b) constitutes <br /> Substantial Completion . <br /> (c) From 91 calendar days to 120 calendar days from the effective date of Notice to <br /> Proceed , the CONTRACTOR shall complete the following tasks : <br /> 1 . Clean up project area . <br /> 2 . Remove all equipment and material from project site . <br /> 3 . Perform contract closeout procedures . <br /> 3 . 2 Completion of all tasks outlined above (i . e . , Subparagraphs a , b , and c) constitute <br /> Final Completion . <br /> 3 . 3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the <br /> essence of this Agreement and that OWNER will suffer financial loss if the work is not <br /> completed within the times specified in Paragraphs 3 . 1 and 3. 2 above , plus any extensions <br /> thereof allowed in accordance with Article 12 of the General Conditions . They also recognize <br /> the delays , expense and difficulties involved in proving in a legal proceeding the actual loss <br /> suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring <br /> any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay <br /> (but not as a penalty) CONTRACTOR shall pay OWNER four-hundred and fifty dollars <br /> ($450. 00) for each day that expires after the time specified in Paragraph 3 . 1 for Substantial <br /> Completion , if CONTRACTOR shall neglect, refuse or fail to complete the remaining work <br /> within the Contract Time or any proper extension thereof granted by OWNER, <br /> CONTRACTOR shall pay OWNER four-hundred and fifty dollars ($450 . 00) for each day that <br /> expires after the time specified in Paragraph 3 . 2 for completion and readiness for final <br /> payment. <br /> 3 . 3 . 1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct <br /> all or any portion of the above-stated liquidated damages due to the Owner <br /> from payments due to the Contractor; or, in the alternative , all or any portion of <br /> the above-stated liquidated damages may be collected from the Contractor or <br /> its Surety or Sureties . These provisions for liquidated damages shall not <br /> prevent the OWNER , in case of the CONTRACTOR's default, from <br /> terminating the Contractor's right to proceed as provided in this AGREEMENT . <br /> 3 . 3 . 2 In addition to the above-stated liquidated damages , the CONTRACTOR shall <br /> be responsible for reimbursing OWNER to third party consultants in <br /> administering the Project beyond the Substantial Completion date specified in <br /> 00530-3 <br />
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