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R2014-79 AUTHORIZING EXECUTION OF ADDENDUM NO. 1 TO LAKE DECATUR DREDGING BASINS 1-4 & OAKLEY SEDIMENT BASIN REHABILITATION CONTRACT
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R2014-79 AUTHORIZING EXECUTION OF ADDENDUM NO. 1 TO LAKE DECATUR DREDGING BASINS 1-4 & OAKLEY SEDIMENT BASIN REHABILITATION CONTRACT
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2/27/2017 10:51:07 AM
Creation date
7/28/2015 11:33:28 AM
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Resolution/Ordinance
Res Ord Num
R2014-79
Res Ord Title
AUTHORIZING THE EXECUTION OF ADDENDUM NO.1 TO LAKE DECATUR DREDGING BASINS 1-4 & OAKLEY SEDIMENT BASIN REHABILITATION CONTRACT
Approved Date
7/7/2014
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ADDENDUM NO. 1 <br /> THIS ADDENDUM NO. 1 is made this <br /> J: day of June, 2014 between the City of Decatur, <br /> Illinois ("Owner") and Great Lakes Dredge &Dock Company, LLC ("Contractor"). The Owner <br /> and the Contractor are referred to herein collectively as the Parties. <br /> WHEREAS, the Owner and the Contractor entered into that certain Contract dated February 3, <br /> 2014 (the "Contract")to perform certain Work in connection with LAKE DECATUR <br /> DREDGING OF BASINS 1-4 AND REHABILITATION OF OAKLEY SEDIMENT BASIN, <br /> CITY PROJECT; and <br /> WHEREAS, the Parties wish to supplement the terms and conditions of the Contract as set forth <br /> herein. <br /> NOW, THEREFORE, for good and valuable consideration,the mutual receipt and legal <br /> sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the <br /> Parties agree as follows: <br /> 1. The foregoing recitals are hereby incorporated in this Amendment and made a part hereof <br /> to the same extent as if set forth in full herein. All capitalized terms used and not <br /> otherwise defined herein shall have the meanings assigned to them in the Existing <br /> Contract. <br /> 2. The Performance Bond and Payment Bond issued for each Component shall apply to that <br /> Component only. Without limitation of the foregoing, the penal sum of the Performance <br /> and Payment Bonds issued for each Component shall not aggregate with those of any <br /> other Component. A default by the Contractor in connection with another Component <br /> shall not constitute a default under the Performance or Payment Bond issued for another <br /> Component, and in no event may Owner pursue relief under the Payment or Performance <br /> Bond issued hereunder with respect to one Component by reason of,a default in <br /> connection with another Component. Any Surety that issues any Bond for an individual <br /> Component will not be required to issue any Bond for another Component unless such <br /> Surety determines, in its sole and absolute discretion, to issue a Bond for another <br /> Component, and the failure or inability of Contractor and/or Surety to provide a Bond(s) <br /> with respect to any Component shall not be an event of default under any Bond(s) <br /> provided with respect to any other Component. <br /> 3. Although each Component and each phase will be governed by the terms and provisions <br /> of this Contract, each such Component and associated phase will be treated as though <br /> they were a separate contract for purposes of determining whether a,default has occurred, <br /> payment may be withheld by Owner, or any other right may be exercised by the Owner <br /> under this Contract and the Bonds. <br /> 1 <br />
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