607 11TH ST 12TH ST MARINA 2016-01-01 MF Import

PORT OF EVERE7�T SECTION OOS00 1210 S"I'KC•LT �IARIN:� —A'OLU��fE 1: hL-V�ItiE �VOItK SUPPLE\dE\TAR�"CO�DITIONS SGO1 Supplemei�tarv Conditi��;�; Tlie following supplements shall modify, delete, and/o; add to the General Conditions or Instructions to Iiidders. Where any article, parneraph, or subparaeraph in the General Conditions is supplemented by one of the follo�i in�paraeraphs, the proeisions of such article, paraerarh, or subpara�aph shall remain in effect and the supplemental provisions shall be considered as added tl�ereta Wliere any artide, paragraph, or subparagraph in the Generzl Conditions is amended, voided, or superseded by any oFthe follo«•ing paraeraplis, Ihe provisions of such article, paragraph, or subpara3aph not so amended, voided, or superseded shall remain in effect. Tl�e supplements referenced within diis section are identihed �cith the same number and title used for that topic in [he Gener�l Conditions. SC-02 Liquidated Damaees In naming the prices for cempletion of die work witl�in the time specified it shall be understood and aereed the work shall be completed within that time. I£ however, said work is not complcted within the time named in the Contract, or as extendcd in accordance with Ariicle ]2 of the General Conditions, the PORT may deduct and retain as liquidated damagcs out of any sum then due or that may become due the CONTRACI�OR at time of such delinquency, or later, the sum as set forth in paraerapl� 3.2 of the Aereement Fenn for each and every calendar day that the date of substantial completion of tlie Contract is delayed. In submittin�a proposal and si�ing the Contract, the CONTRACTOR tliereby shall have a�eed to tl�ese provisions and; furthermore, that the sum dcductcd and retained is not a penalty but a reimbursement tu the PORT for damages �i�l�ich the PORT will have sustained Uy reason of such delayed completion. Damages so liquidated are understood to include the additional cost to thz PORT for engineering interest cl�arbes, o��erliend, and the like. Amount due the PORT fi�om the CONTRACTOR under the foregoing shall not in a�iy deeree rclease the CONTRACTOR from fu�ther obligations in respect to the fulfillment of tl�e entire contract, nor any ri��ht �chich the PORT may have to claim. sue ::, and � recover compensation and damages fur nonperforn�ance or breach of the contract. SC-03 Rc._ °��orts of Investieations and Tests A. General: ]nforniation and da�a reflected in the Contract Documents wi[h respect to under�ound conditions and f�cilities at or conti�uous to die site is based upon infonnation and data fumished to the PORT and the ENGINEER by o�i•ners or such underetound facilities or others, and tlie PORT dues not assume resp��nsibility lor the accuracy or com�leteness thereof. OOS00 - 2 � 1