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1 <br />aon <br />the Substantial Completion date is a ninety day startup, supervisory, and <br />operational training period to be provided by HydroMentia, Inc. and paid for <br />through Construction Contract Bid Item No. <br />a <br />2.01.12. <br />(c) Final Completion of Construction: Also beginning on the date of Substantial <br />Completion is a thirty day period in which the Contractor shall (1) complete all <br />remaining project construction and final punchlist items; and(2 ) perform a <br />thirty day ATS hydraulic and mechanical <br />operation, paid under Bid Item No <br />2.01.11. The end of this thirty day period is referred to "Final <br />as Completion <br />of Construction." After Final Completion of Construction is achieved, staff will <br />recommend that the Board of County Commissioners release all remaining <br />construction retainage except for any retainage related to the ninety day <br />supervisory, and operational training pay item. <br />Dstartup, <br />(2) Liquidated Damages: The Contractor shall reimburse Indian River County $500 <br />for each calendar day that <br />expires after the time specified for Substantial <br />Completion and $200 for each calendar day that expires after the time <br />specified <br />for Final Completion of Construction. <br />Delete paragraphs 4.02 and 4.03 of Section 00520 and replace them with the <br />following paragraphs 4.02 and 4.03: <br />4.02 Days to Achieve Substantial Completion and Final Completion of <br />Construction <br />(� A. The Work will be substantially completed on or before the 270th calendar <br />LJ day after the date when the Contract Times commence to run as provided in <br />paragraph 2.03 of the General Conditions (and Supplementary Conditions if <br />applicable), and completed and ready for payment of Final Completion of <br />Construction (except for Bid Item No. 2.01.12) in accordance with paragraph 14.07 <br />of the General Conditions (and Supplementary Conditions if applicable) on or <br />O before the 300th calendar day after the date when the Contract Times commence <br />to run. <br />4.03 Liquidated Damages <br />A. CONTRACTOR and OWNER recognize that time is of the essence for this <br />Agreement and that OWNER will suffer financial loss if the Work is not completed <br />within the times specified in paragraph 4.02 above, plus any extensions thereof <br />allowed in accordance with Article 12 of the General Conditions (and <br />Supplementary Conditions if applicable). The parties also recognize the delays, <br />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 <br />requiring any such proof, OWNER and CONTRACTOR agree that as liquidated <br />damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER <br />$500.00 for each calendar day that expires after the time specified in paragraph <br />4.02 for Substantial Completion until the Work is substantially complete. After <br />Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete <br />aF:\Publi Addendum No. 1 - 5ERE <br />c Works\Keithwstormwater Projects\Egret Marsh - REVISED\Bid Documents\Addendums\Addendum #1\Adde dum # MARSH <br />30-2008.doc <br />Q <br />