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2007-087
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2007-087
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Last modified
5/5/2016 2:21:43 PM
Creation date
9/30/2015 10:38:49 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/13/2007
Control Number
2007-087
Agenda Item Number
7.D.
Entity Name
TLC Diversified, Inc. of Palmetto
Subject
Upgrades IRCDUS Lift Station No.68 & 69
Supplemental fields
SmeadsoftID
6206
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5 . Mobilize all labor, equipment, and materials . <br /> 6 . Deliver and store all equipment and materials to the job site . <br /> 7 . Notify all utilities and other affected parties prior to initiating construction . <br /> (b) From 31 calendar days to 124 calendar days from the effective date of Notice to <br /> Proceed , the CONTRACTOR shall complete the following tasks : <br /> 1 . Install all pipe 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 <br /> Substantial Completion . <br /> (c) From 12Q calendar days to 15Q 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 /> Completion of all tasks outlined above (i . e . , Subparagraphs a , b , and c) constitute Final <br /> Completion . <br /> 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the <br /> essence of this Agreement and that OWNER will suffer financial loss if the work is not <br /> completed within the times specified in Paragraph 3. 1 above, plus any extensions <br /> thereof allowed in accordance with Article 12 of the General Conditions . They also <br /> recognize the delays, expense and difficulties involved in proving in a legal proceeding <br /> the actual loss suffered by OWNER if the work is not completed on time. Accordingly, <br /> instead of requiring any such proof, OWNER and CONTRACTOR agree that as <br /> liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER <br /> three hundred and fifty dollars ($350 . 00) for each day that expires after the time <br /> specified in Paragraph 3. 1 for Substantial Completion , if CONTRACTOR shall neglect, <br /> refuse or fail to complete the remaining work within the Contract Time or any proper <br /> extension thereof granted by OWNER, CONTRACTOR shall pay OWNER three <br /> hundred and fifty dollars ($350 . 00) for each day that expires after the time specified in <br /> Paragraph 3 . 1 for completion and readiness for final payment. <br /> 3 . 3 In addition to the above-stated liquidated damages , the CONTRACTOR shall be <br /> responsible for reimbursing OWNER for all costs incurred by OWNER to third party <br /> consultants including , without limiting the generality of the foregoing , any <br /> ENGINEER in administering the construction of the Project beyond the Substantial <br /> Completion date as specified in the Contract or beyond an approved extension of <br /> time granted to CONTRACTOR, whichever date is later. <br /> 044572007 <br /> 00530-2 <br />
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