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2019-161D
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2019-161D
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Last modified
12/30/2019 3:21:42 PM
Creation date
11/8/2019 12:44:02 PM
Metadata
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Template:
Official Documents
Official Document Type
Bid
Approved Date
10/01/2019
Control Number
2019-161D
Agenda Item Number
8.H.
Entity Name
TLC Diversified, Inc.
Subject
Award of Bid# 2016068 – Roseland Elevated Storage Tank Conversion and Pump Station
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utilized on the job. <br />3. Perform all photographic recording and documentation of conditions prior to <br />construction. <br />4. Locate all existing utilities in the area of work. <br />5. Submit and secure approval of shop drawings. <br />6. Mobilize all labor, equipment, and materials. <br />7. Deliver and store all equipment and materials to the job site. <br />8. Notify all utilities and other affected parties prior to initiating construction. <br />(b) From 31 calendar days to 300 calendar days from the effective date of Notice to <br />Proceed, the CONTRACTOR shall complete the following tasks: <br />1. Install pump station 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 Substantial <br />Completion. <br />(c) From 301 calendar days to 350 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 essence <br />of this Agreement and that OWNER will suffer financial loss if the work is not completed within <br />the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance <br />with Article 12 of the General Conditions. They also recognize the delays, expense and <br />difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the <br />work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and <br />CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) <br />CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that <br />expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR <br />shall neglect, refuse or fail to complete the remaining work within the Contract Time or any <br />proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four -hundred <br />and fifty dollars ($450.00) for each day that expires after the time specified in Paragraphs 3.1 <br />and 3.2 for completion and readiness for final 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 from <br />payments due to the Contractor; or, in the alternative, all or any portion of the <br />above -stated liquidated damages may be collected from the Contractor or its <br />Surety or Sureties. These provisions for liquidated damages shall not prevent <br />the OWNER, in case of the CONTRACTOR's default, from terminating the <br />Contractor's right to proceed as provided in this AGREEMENT. <br />00530-2 <br />
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