Laserfiche WebLink
March 1, 2024 <br />Mr. John Elder, Project Manager <br />TLC Diversified <br />271917th Street East <br />Palmetto, FL 34221 <br />Subject: Indian River County Contract No. 2021026 <br />Notice of Intent to Assess Liquidated Damages <br />Dear Mr. Elder: <br />TLC Diversified is the General Contractor for the Oslo Water Treatment Plant Improvements Project for <br />Indian River County Department of Utility Services (IRCDUS). The project had a Notice to Proceed on <br />August 4, 2021, with a final completion date of November 2, 2023. TLC formally requested and was <br />granted a 197 -day extension to the contract that provided a substantial completion date of March 15, <br />2024, and final completion date of May 17, 2024. Since this time extension request was granted, the work <br />at the project site has not progressed to a point where the schedule is anticipated to be met. The following <br />major components are required for substantial completion and have not yet been completed to date: <br />1. Replacement of NF Trains 1, 3 and 4; <br />2. Feed pump rehabilitation work; <br />3. Process piping improvements including feed water, permeate and concentrate; and, <br />4. Membrane clean -in-place system. <br />As of February 29, 2024, there is currently less than one month of time prior to a substantial completion <br />date — this date that requires the Owner, Indian River County, have beneficial use of the project. Given <br />the amount of work that needs to be completed prior to the substantial completion date, the contract <br />timeline is not anticipated to be met. The Owner and the Owner's engineering consultant have made <br />multiple requests for the schedule to be updated and submitted, but none have been provided since the <br />time extension work change directive was issued. <br />Section 00530, Article 3 subsection -3.3 of the agreement between TLC and IRC dated July 6, 2021, is as <br />follows: <br />3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of <br />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 />128 <br />