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04/23/2024
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04/23/2024
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Last modified
7/22/2024 3:27:33 PM
Creation date
5/16/2024 2:48:31 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
04/23/2024
Meeting Body
Board of County Commissioners
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Mr. Harrison Youngblood, P.E (Utilities Engineer for Indian River County) 06 -March -2024 <br />Indian River County <br />180027 th Street (Building "B") <br />Vero Beach, Florida 32960 <br />Subject: Indian River Contract No. 2021026 Delays Beyond the Contractors Control. <br />Dear Mr. Youngblood, <br />TLC Diversified is in receipt of your letter dated 01 -March -2024 requesting TLC to provide an updated <br />Finishing Schedule with a written request for an extension of Contract time to include valid reasons for an <br />extension. The letter also references the liquidated damages clause in the contract. <br />Please note that TLC is relying on these same documents under General Conditions section 12.03 A and <br />12.03 C dealing with Delays beyond the control of the Contractor. A portion of this was modified under the <br />Supplemental General Conditions where 12.03 A was removed and replaced with modified verbiage. <br />Delays beyond the Contractors control are delineated in this section and state," Where Contractor is <br />delayed or prevented from completing any part of the Work within the Contract Times due to delay <br />beyond the control of the Contractor, the Contract Times (or Milestones) will be extended" The <br />Contractor is tasked with providing evidence that the delay(s) impacted the critical path and prove that <br />delays were caused by various items out of his control including acts of God and Owner related delays. <br />TLC and our subcontractors and suppliers have experienced multiple and ongoing delays throughout this <br />project which have affected our anticipated completion date. The entire construction industry is <br />experiencing this issue on projects of long durations that overlapped with the Worldwide pandemic. We <br />continue to ask the Owner for assistance in limiting these delays as this project is hypersensitive to any <br />delays, critical shutdown requests and out of sequence work. <br />TLC has commented throughout this project that we scheduled the project correctly but in reality, were <br />forced to build it backwards and out of sequence because of the disastrous and ongoing delays caused <br />by the pandemic. <br />TLC issued a written (friendly Notice) to the Engineer and Owner on 29 -December -2021. We provided <br />examples of (pricing escalations / delivery delays / labor shortages) and expressed that the project would <br />run over. The Notice informed all parties not of one delay but instead a catastrophic set of (plural) delays <br />in every part of the project. TLC requested help from the Owner and Engineer to deal with these issues <br />and explained how TLC was self -performing many parts of the work in order to maintain forward motion in <br />any place that was possible. Further examples of this can be discussed in necessary. <br />131 <br />
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