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4 There must be a superintendent from the prime contractor on site during working hours ( 7 : 00 a . m . to 5 : 00 p . m . ) There will be new countertop chairs, formal sitting room chairs, formal reading chairs and some new TVs provided by the Owner, and installed by the Owner. Existing chairs will be stored by the contractor and coordinated with Owner for delivery to Ixora Warehouse ( 180 27th Avenue SW ) . Also, in the two cabanas, the contractor is responsible to provide and install "water on demand " tankless hot water heaters . The existing hot water heater is exposed so you can view the work required to install the new system . Questions QUESTION ( received prior to Mandatory Pre- Bid meeting 09/25/2013 ) Referencing Section 00520 — Agreement ( Public Works ), Article 4 . 03 Liquidated Damages : " CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4 . 02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . Liquidated damages will commence for this portion of work . The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time . Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay ( but not as a penalty), CONTRACTOR shall pay OWNER $ 278 . 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for Final Completion of each group until the Work is complete, plus any lost profits of Verotown , LLC . " It is our understanding, and our surety' s, that all liquidated damages should be stated as a set dollar amount for each calendar day of delay. As such , any lost profits of Verotown LLC that are being added to the $ 278 per calendar day must be deleted . The Contractor and his surety simply would not know what would be the lost profit that Verotown , LLC might sustain and that they would be liable for . Please note that this is consistent with what is provided under Article 4. 03 above, as follows : "The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time . Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay. . . " Consequently, if the County is not satisfied that the $ 278 . 00 per calendar day will be sufficient to cover Verotown ' s lost profits, it would be acceptable that the amount be increased so that the liquidated damages includes such lost profits . We request that the liquidated damages are established as such and that any reference to Verotown ' s losses is removed . FAPublic Works\ENGINEERING DIVISION PROJECTS\ 1341 -Historic Dodgertown ( fka VB Sports Village) Room Renovations)\Admin\Meetings\Pre-Bid Meeting Minutes and Questions 09-25-2013 .doc