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11 -22 -1995 4:24P14 FROM BONESTROO " ASSOC 612 635 1311 P.3 <br />Mr. Joel Hanson <br />City of Little Canada <br />Page 2 <br />File No. 37219 <br />To document and appropriately process this payment, I recommend that request for payment <br />number 3 as previously submitted be voided because it does not include liquidated damages. In <br />lieu of "Request for Payment No. 3" please process Request for Payment No. 3 - revised" as <br />attached. <br />Information following provides supporting documentation of the above calculation. <br />DEFECTIVE WORK RETAINAGE <br />We have reviewed the nature and extent of the uncompleted and unsatisfactory work and believe <br />the normal 5% retainage to be sufficient to protect the City's interests for correction of the <br />defective work. <br />DETERMINATION OF LIQUIDATED DAMAGES AMOUNT <br />The liquidated damages amount is based upon the contract provisions and our records of the <br />project progress. The following summarizes the liquidated damages determination. <br />Contractual Conditions <br />In essence the contract stipulates the following conditions. <br />1. Each part within the contract must be substantially completed within 30 calendar days from <br />commencement but no later than the dates given for each part of the contract. <br />2. Liquidated damages shall be $400.00 per calendar day for each day of failed completion per <br />part. <br />3. Notification of claim for time extension is required. <br />4. Extensions of time may be granted for unforseen events if justified and accompanied by <br />proper notification as set forth in the contract. <br />Determination of Delayed Completion <br />We have no record in our project files of time extension requests. However from our review of <br />the project circumstances it is our opinion that we would have supported time extension requests <br />for the following "unforseen events", <br />Amount <br />Condifjon of Time Project Affected <br />NSP main replacement <br />Redesign of curve & grade <br />Easement delay <br />EawAtitt delay <br />Soil correction <br />19 days <br />3 days <br />105 days <br />14 days <br />22 days <br />Page 4 <br />Part 1- Jackson/Old C.R. C/Lake Shore <br />Part 1- Jackson/Old C.R. C /Lake Shore <br />Part 5- Gilanderi <br />Part 6.KKeller <br />Park 6- Keller <br />