A-1 Landscaping and Construction, Inc. 7/20/2016

I 1 loss as a result of: I 2 3 1. Defective or damaged work. 2. A deductive Change Order. 4 3. Persistent failure of the Contractor to perform the work in accordance with the I 5 6 Contract Documents, including failure to maintain the progress of the work in accordance with the construction schedule. Persistent failure to maintain the 7 progress of the work shall mean that for a period of two consecutive months I 8 9 following a written Notice from the Owner's Representative or Owner, the Contractor fails to correct a behind-schedule condition at a rate that would 10 reasonably indicate that it will finish the Project on schedule. I11 4. Disregard of authority of the Owner or Owner's Representative or the laws of any 12 public body having jurisdiction. 13 5. Liquidated damages. 14 6. Misrepresentation of the quality of materials installed or amount of work 15 performed. 16 7. Discovery that a previous pay estimate erred with respect to the amount of work 17 performed or materials installed, irrespective of the Owner's Representative's I18 recommendation at the time of the progress pay estimate. The 19 Owner may refuse to make payment of the full amount recommended by the 20 Owner's Representative because of Contract Claims made against the Owner on I 21 account of Contractor's performance or furnishing the work or because of liens filed in 22 connection with the work or other set offs entitling Owner to reduce the amount 23 recommended. In such case, the Owner shall give Contractor prompt written Notice with I 24 copy to the Owner's Representative stating the reasons for each action. 25 26 1-09.3(3)(C) Final Payment 27 I28 Upon receipt of Contractor's written notice that the Work is ready for final inspection and 29 acceptance and upon receipt of a final Application for Payment, the Owner's 30 Representative will inspect the Work. If the Owner's Representative finds the Work I 31 acceptable under the Contract Documents and the Contract fully performed and if the 32 Contractor has signed a Final Contract Voucher, the Owner's Representative will issue a 33 final Certificate for Payment. The Certificate for Payment will state that to the best of the I 34 Owner's Representative's knowledge, information and belief, the Work appears to have 35 been completed in accordance with terms and conditions of the Contract Documents 36 and that the entire balance found to be due the Contractor and noted in the final I 37 Certificate is due and payable. 38 39 Final payment shall not become due until the Contractor submits to the Owner's I 40 41 Representative; (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property 42 might be responsible or encumbered (less amounts withheld by Owner) have been paid I43 or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract 44 Documents to remain in force after final payment is currently in effect and will not be 45 canceled or allowed to expire until at least thirty (30) days' prior written notice has been 46 given to the Owner; (3) a written statement that the Contractor knows of no substantial I 47 reason that the insurance will not be renewable to cover the period required by the 48 Contract Documents; (4) consent of surety, if any, to final payment; and (5) if required by 49 the Owner, other data establishing payment or satisfaction of obligations, such as I 50 51 receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the 52 Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, I 53 the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner 1 RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 75