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September 17, 2013 WELLS FARGO AGRIBOARD PANEL REPAIR 501-2717-033 ZEPHYR COMMONS Delete subparagraph 9.3.3 and substitute the following: 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been issued and payments received from the Owner shall, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, material and equipment relating to the Work. 9.6 Progress Payments Delete subparagraph 9.6.4 and substitute the following: 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law. The Owner may pay Subcontractors or Material Suppliers directly. Add the following paragraph 9.11 to ARTICLE 9: 9.11 Liquidated Damages 9.11.1 The Contractor and the Contractor's surety, if any, shall be liable for and shall pay the Owner the sums hereinafter stipulated as liquidated damages for each calendar day of delay until the Work is substantially complete: Five Hundred Dollars ($ 500.00). ARTICLE 10; PROTECTION OF PERSONS AND PROPERTY 10.2 Safety of Persons and Property Add the following sub -subparagraph 10.2.4.1 to 10.2.4: 10.2.4.1 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary, the Contractor shall give the Owner reasonable advance notice. ARTICLE 11; INSURANCE AND BONDS 11.1 Contractor's Liability Insurance 11.1.1.1 Delete the semicolon at the end of Clause 11.1.1.1 and add: including private entities performing Work at the site and exempt from the coverage on account of number of employees or occupation, which entities shall maintain voluntary compensation coverage at the same limits specified for mandatory coverage for the duration of the Project; 11.1.1.2 Delete the semicolon at the end of Clause 11.1.1.2 and add: or persons or entities excluded by statute from the requirements of Clause 11.1.1.1 but required by the Contract Documents to provide the insurance required by that Clause; SUPPLEMENTARY CONDITIONS 00800-7