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2011-051
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2011-051
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Last modified
1/22/2016 1:43:27 PM
Creation date
10/1/2015 1:46:27 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
03/01/2011
Control Number
2011-051
Agenda Item Number
12.J.1
Entity Name
Beemats LLC
Subject
Floating Mat System
Area
Spoonbill Marsh Wetland Facility
Project Number
2785
Bid Number
2011029
Supplemental fields
SmeadsoftID
9309
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In no event shall Owner, Engineer, or the Related Entities of either of them be liable to Contractor, any <br /> Subcontractor, any Supplier, any other person or organization, or any surety for or employee or agent of any of <br /> them, for any claim, cost, loss , or damages of any nature whatsoever arising out of or resulting from delays . <br /> ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION, REMOVAL OR ACCEPTANCE OF <br /> DEFECTIVE WORK <br /> SC 13 . 04C . Delete paragraph 13 . 04 . 0 of the General Conditions in its entirety and replace with the following : . <br /> If it is found that the uncovered Work is defective , Contractor shall pay all claims , costs , losses , and damages <br /> ( including but not limited to all fees and charges of engineers , architects , attorneys , and other professionals and all <br /> court or other dispute resolution costs) arising out of or relating to ,such uncovering, exposure , observation , <br /> inspection , and testing , and of satisfactory replacement or reconstruction (including but not limited to all costs of <br /> repair or replacement of work of others) ; and Owner shall be entitled to an appropriate decrease in the Contract <br /> Price . <br /> SC 13 . 04D . Delete paragraph 13 . 04 . 13 of the General Conditions in its entirety and replace with the following : . <br /> If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price <br /> or an extension of the Contract Times , or both , directly attributable to such uncovering, exposure , observation , <br /> inspection, testing , replacement, and reconstruction . <br /> SC 13 . 06A . Delete the words : " arbitration or" in line 9 of paragraph 13 . 06 . A of the General Conditions . <br /> SC 13 . 07A . Add the following sentence at the beginning of paragraph 13 . 07 . 0 of the General Conditions : <br /> The Owner and Contractor agree that a warranty inspection shall be scheduled no later than eleven ( 11 ) months <br /> after final payment under this Contract so that the Owner and the Contractor may inspect and otherwise examine <br /> the Work prior to the expiration of the Performance Bond <br /> SC 13 . 07E . Delete paragraph 13 . 07E of the General Conditions in its entirety and replace with the following : <br /> Contractor ' s obligations under this paragraph 13 . 07 are in addition to any other obligation or warranty . The <br /> provisions of this paragraph 13 . 07 shall not be construed as a substitute for or a waiver of the provisions of any <br /> applicable statute of limitation or any way to limit the Contractor ' s continued liability for defective Work, <br /> including latent defects . <br /> SC 13 . 08A . TWO changes : <br /> 1 . Delete the words : " arbitration or" in line 8 of paragraph 13 . 08 . A of the General Conditions . <br /> 2 . Delete the phrase " (such costs to be approved by Engineer as to reasonableness)" in lines 10 and 11 <br /> of <br /> paragraph 13 . 08 . A of the General Conditions . <br /> 13 . 09C Delete the words : "arbitration or" in line 4 of paragraph 13 . 09 . 0 of the General Conditions . <br /> ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION <br /> SC - 14 . 02A . 1 . Delete the first sentence of paragraph 14 . 02 . A . 1 of the General Conditions in its entirety and <br /> replace with the following : <br /> On or before the tenth ( 10"') day of each month , and not more often than once a month , the Contractor shall submit <br /> completed partial progress payment requests to the Engineer, as set forth herein . Contractor shall submit to <br /> Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed <br /> as of the date of the Application for Payment and accompanied by such supporting documentation as is required <br /> 00800 - 13 <br />
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