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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
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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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4 . Contractor' s violation of any material provisions of the Contract Documents . <br /> SC 15 . 02 .A . 5 and 6 . Add the following new subparagraphs at the end of paragraph GC- 15 . 02 . A <br /> 5 . Failure of Contractor to make proper payments to Subcontractors for labor, materials or equipment in connection <br /> with the Work; <br /> 6 . If Contractor abandons the Work , or assigns Contract or any part thereof, without the previous written consent of <br /> Owner, otherwise than in accordance with the Contract Documents . <br /> SC - I5 . 02 . C . Delete the words : " arbitration or" in line 7 of paragraph 15 . 02 . 0 of the General Conditions . <br /> SC 15 . 02 . G . Add the following new paragraph immediately following paragraph 15 . 02 . 17 of the General <br /> Conditions : <br /> G . If, after termination of the Contract by the Owner for cause as set forth in paragraph 15 . 02 , it is determined <br /> that the Contractor had not failed to fulfill its contractual obligations , the termination under paragraph 15 . 02 shall <br /> be deemed to have been for the convenience of the Owner. In such event, adjustment of the contract price shall be <br /> made as provided in paragraph 15 . 03 . <br /> SC - 15 . 03 . A . 3 . Delete subparagraph 15 . 03 . A . 3 of the General Conditions in its entirety. <br /> ARTICLE 16 - DISPUTE RESOLUTION <br /> SC - 16 . 01A . Delete the paragraph 16 . 01A of the General Conditions in its entirety and replace with the following : <br /> A . Prior to the filing of any suit or other legal proceedings , the parties shall endeavor to resolve claim disputes or <br /> other matters in question by mediation . Mediation shall be initiated by any party by serving a written request for same <br /> on the other party. The parties shall , by mutual agreement, select a circuit court mediator as certified by the Supreme <br /> Court of Florida within 15 days of the date of the request for mediation. If the parties cannot agree on the selection of <br /> a circuit court mediator as certified by the Supreme Court of Florida, then the Owner shall select the mediator, who <br /> shall be a circuit court mediator as certified by the Supreme Court of Florida. The mediator' s fee shall be paid in <br /> equal shares by Owner and Contractor. <br /> SC 16 . 01 . C . Delete paragraph 16 . 01 C of the General Conditions in its entirety and replace with the following <br /> C . Contractor shall carry on the Work and maintain the progress schedule during the dispute resolution <br /> proceedings , unless otherwise agreed by Contractor and Owner in writing . <br /> ARTICLE 17 - MISCELLANEOUS <br /> SC 17 . 0 IA . Delete paragraph 17 . 01A of the General Conditions in its entirety and replace with the following <br /> Notices : Any notice , request, demand , consent, approval , or other communication required or permitted by this <br /> Agreement shall be given or made in writing and shall be served , as elected by the party giving such notice, by any <br /> of the following methods : (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier <br /> service ; or (c) Mailed by registered or certified mail (postage prepaid) , return receipt requested at the addresses of <br /> the parties shown in the Agreement . Notices shall be effective when received at the address as specified above . <br /> Facsimile transmission is acceptable notice effective when received , provided, however, that facsimile <br /> transmissions received (i . e . , printed) after 5 : 00 p . m . or on weekends or holidays , will be deemed received on the <br /> 00800 - 16 <br />
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