Loading...
LIFT STATION 16 - 20-0008-UT - CONTRACT AMENDMENTCONTRACT AMENDMENT (20 -0008 -UT) This Contract Amennment is entered into between the City of Clearwater and TLC Diversified, Inc. (the "Parties") on j11 Day of M -arch, 2026. ArP r 1. WHEREAS, on August 8, 2023, the Parties entered into a Contract for the construction of a Lift Station on Pierce Street in the City of Clearwater, also known as Lift Station 16 Pierce Street, Project # 20 -0008 -UT (the "Project"); and WHEREAS, the Contract, as amended, provides that "time is of the essence", and that the Project must be completed on or before November 28, 2024 ("Completion Date"); and WHEREAS, prior to the Completion Date, TLC Diversified notified the City that they had encountered delays due to the electrical subcontractor's supplier causing a delay in the production and shipment of a critical item, known as the motor control center or "MCC"; and WHEREAS, notwithstanding multiple attempts by TLC Diversified to expedite the production and shipment of the MCC, the delivery was substantially delayed resulting in delay to the Project and added expense to the City; and WHEREAS, the City agrees to amend the Completion Date to reflect the actual date the work was finished, and to waive any associated Contract claims, in exchange for TLC Diversified compensating the City for all of the actual expenses incurred by the City due to the extended time frames of the Project; and THEREFORE, based on the foregoing and for good and valuable consideration, the Parties agree as follows: 1. The Completion Date of the Project shall be amended to reflect January 14, 2026 (01/14/26). 2. TLC Diversified agrees to reduce final payment on the Project by $166,390.27 to reflect additional engineering and project management costs incurred by the City. 3. The City agrees to make Final Payment consistent with the figures presented on PO Reference No.: 23001004, the final payment application as submitted by TLC Diversified on February 11, 2026, attached hereto as Exhibit"A". 4. Acceptance of this Final Payment shall constitute complete acceptance of the Project consistent with all terms, conditions and specifications as required by the Contract. 5. All other terms and conditions of the Contract shall remain in effect unless otherwise discharged by the final completion of the Project. This Amendment shall not affect any other warranty or obligation as required by the Contract or law. (Signature Page to Follow] FOR THE CITY OF CLEARWATER: Ap ho ed as to form: Jerrod pson Seni r Assistant City Attorney FOR TLC DIVERSIFIED, INC. Dalas Lamberson, President Q,vcfsiReo'•.,y m • O oboRqA . SEAL' 1 • • s.,� X985• ar a Foods •••••�. Bruce Re Mayor Attest: Rosemarie Call City Clerk