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2021-092A
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2021-092A
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Last modified
8/2/2021 11:54:54 AM
Creation date
7/20/2021 11:00:52 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/06/2021
Control Number
2021-092A
Agenda Item Number
8.K.
Entity Name
TLC Diversified, Inc.
Subject
Improvements to South County Reverse Osmosis (SCRO) Water Treatment Plant (WTP)
South Oslo Road Water Treatment Plant
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(b) From 61 calendar days to 760 calendar days from the effective date of Notice to <br />Proceed, the CONTRACTOR shall complete the following tasks: <br />1. Furnish/Install/Construct all civil, mechanical, structural, plumbing, <br />electrical equipment, instrumentation, and appurtenant items. <br />2. Successfully complete all equipment start-ups and field testing in <br />accordance with the technical specifications. <br />3. Successfully complete all water quality sampling and testing in <br />accordance with the technical specifications. <br />4. Coordinate with ENGINEER to obtain required regulatory clearances <br />to place new equipment into operation. <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. CONTRACTOR is herein notified that Substantial Completion requires <br />beneficial use of all improvements including new and rehabilitated equipment. <br />(c) From 760 calendar days to 820 calendar days from the effective date of Notice <br />to 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 />4. Demobilize. <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 seven -hundred and fifty dollars ($750.00) 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 seven - <br />hundred and fifty dollars ($750.00) for each day that expires after the time specified in <br />Paragraphs 3.1 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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