Laserfiche WebLink
<br />.' <br /> <br />agreement), the controversy shall be settled by arbitration in accordance with Federal Mediation <br />and Conciliation Service rules by a sole arbitrator. The Arbitration shall be governed by the <br />United States Arbitration Act, 9 U.S.c. &1-16, and judgment upon the award rendered by the <br />Arbitrator may be entered by any court having jurisdiction thereof. The place of arbitration shall <br />be Harris County. The arbitrator is not empowered to award damages in excess of actual <br />damages, including punitive damages. <br /> <br />ARTICLE 5 - SUBCONTRACTORS <br /> <br />5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF <br />THE WORK <br /> <br />Delete Subparagraph 5.2.1 in its entirety and replace it with the following: <br /> <br />5.2.1 The Contractor as soon as practicable after award of the Contract but no later than 10 <br />days prior to the submittal date for the Contractor's First Application for Payment, shall <br />furnish in writing to the Owner through the Architect the names of the persons or entities <br />(including those who are to furnish materials or equipment fabricated to a special design) <br />proposed for each principal portion of the Work. Regarding proposed persons or entities <br />listed to perform portions ofthe Work the Architect will promptly reply to the Contractor in <br />writing stating whether or not the Owner or the Architect, after due investigation, has <br />reasonable objection to any such person or entity. Owner or Architect failure to reply <br />promptly shall constitute notice of no reasonable objection. Failure of the Contractor to <br />submit the subject names in a timely manner will delay processing of the Contractor's <br />Application for Payment. <br /> <br />At Subparagraph 5.2.4, Add the following sentence: <br /> <br />Prior to such change the Contractor shall notify the Architect of his intent and reasons for <br />such proposed changes. <br /> <br />ARTICLE 7 - CHANGES IN THE WORK <br /> <br />7.1 GENERAL <br /> <br />Add Subparagraph 7.1.4 asfollows: <br /> <br />7.1.4 The combined overhead and profit included in the total cost to the Owner of a <br />change in the Work shall be based on the following schedule. <br /> <br />.1 For the Contractor, for Work performed by the Contractor's own forces, a maximum <br />total markup of 10 percent of the actual cost. <br />.2 For the Contractor for Work performed by the Contractor's Subcontractor(s), 5 <br />percent of the amount due the Subcontractor(s). <br /> <br />n <br />