HomeMy Public PortalAboutTGS Con RFP Doc PH1 7-18-2013 Page 45 ADDENDUM TWOJun. 5, 2013 Page 45 of 81
splice boxes, pull boxes, or switch chambers. As-builts are to show the horizontal dimensions
from the center line of all hand-holes, pull boxes, concrete pads, splice boxes, and switch
chambers. These dimensions are to be referenced from the center lines of the dedicated
easements. Unless approved by the Engineer, any facilities found not in compliance with the
above requirements, shall be corrected at the Contractor’s expense. All facilities shall be
constructed as depicted on the plans and specification unless approved by the Engineer.
Contractor shall provide bore logs for all directional bore installations. Contractor shall provide
compaction test results for all excavation repairs within pavement areas subject to vehicle travel..
Final Payment, Waiver and Release Form, to be provided by Owner, from each sub-consultant,
subcontractor, worker or supplier which has filed Notices to Owner or worked on the Project
must be provided by the Contractor before Final Payment. Submissions shall be on forms to be
provided by the Owner.
Waiver of Claims
The making and acceptance of Final Payment will constitute:
A waiver of all claims by the Town against Contractor, except claims arising from those
previously made in writing and still unsettled, from defective Work appearing after final
inspection, from failure to comply with the Contract Documents or the terms of any special
guarantees specified therein, or from Contractor's continuing obligations under the Contract
Documents.
Recovery Right Subsequent to Final Payment
If an error is discovered in partial or the final pay estimate, or if defective Work or Materials
used by or for the Contractor is discovered after final payment has been made, the Town reserves
the right to claim and recover from the Contractor and/or Contractor's Surety, by process of law,
such sums as may be sufficient to correct the error or make good the defects in the Work or
Materials.
The Contractor shall preserve all contract records for the entire term of the Contract and for a
period of three (3) years after the later of: (1) final acceptance of the Project by Town, or (2)
until all claims (if any) regarding the Contract are resolved.
SECTION 33 - LIQUIDATED DAMAGES
The time limit for Substantial Completion and completion of 100% of the work as described in
the Agreement is of the essence of this Contract, and in case the Contractor shall fail to complete
the work hereunder, within the time aforesaid, Contractor agrees to pay the Town Two Thousand
Dollars ($2,000) per day for each and every day the time consumed in said performance and
completion exceeds the time hereinbefore allowed for that purpose, which said sum, in view of
the difficulty in ascertaining the loss which the Town will suffer by reason of delay in the
performance of the work hereunder is hereby agreed upon, fixed and determined by the parties
hereto as liquidated damages that the Town will suffer by reason of said delay and default, and
not as a penalty; and the Town shall and may deduct and retain the amount of such liquidated
damages out of the money which may be due under this Contract.