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

I 1 against such lien. If such lien remains unsatisfied after payments are made, the I 2 Contractor shall refund to the Owner all money that the Owner may be compelled to pay 3 in discharging such lien, including all costs and reasonable attorneys' fees. 4 5 Prior estimates and payments, including those relating to Extra Work or work omitted, I 6 shall be subject to correction by the final payment. 7 8 If, after Physical Completion of the work, Final Acceptance thereof is materially delayed I 9 through no fault of the Contractor or by issuance of Change Orders affecting Final 10 Acceptance, and the Owner's Representative so confirms, the Owner may, upon 11 application by the Contractor and certification by the Owner's Representative, and I 12 without terminating the Contract, make payment of the balance due for that portion of the 13 Work fully completed and accepted. If the remaining balance for Work not fully 14 completed or corrected is less than retainage stipulated in the Contract Documents, and 15 if bonds have been furnished, the written consent of surety to payment of the balance 16 due for that portion of the Work fully completed and accepted shall be submitted by the 17 Contractor to the Owner's Representative prior to certification of such payment. Such I 18 payment shall be made under terms and conditions governing final payment, except that 19 it shall not constitute a waiver of claims. 20 21 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall I 22 constitute a waiver of Contract Claims by that payee, except those Contract Claims 23 previously timely and completely submitted that remain pending at the time of final 24 payment, provided that Contractor specifically so notifies the Owner in writing prior to the I 25 Owner making such final payment. Payment by the Owner shall not release the 26 Contractor or its surety from any obligation under the Contract or under the performance 27 bond and payment bond. I 28 29 1-09.4 Equitable Adjustment 30 Section 1-09.4 is modified to read as follows: I 31 32 1-09.4(1) Contract Sum Adjustment for Variations in Quantities of Unit Price Work 33 34 Contractor will be paid only for the actual quantities of work performed and accepted in 35 conformance with the Contract. When the accepted quantities of an item of Unit Price 36 Work vary from the quantities originally estimated in the Contract Documents, payment 37 will be at the Contract unit prices for accepted work. If the total quantity of a Unit Price I 38 Work item varies by more than twenty-five percent (25%) from the quantity originally 39 estimated in the Contract Documents, that part of the variance exceeding twenty-five 40 percent (25%) may be adjusted as follows: I 41 42 1-09.4(1)(A) increased Quantities 43 Either party to the Contract will be entitled to renegotiate the price for that portion of the I 44 actual quantity in excess of one hundred twenty-five percent (125%) of the original bid 45 quantity. The price for increased quantities will be determined by agreement of the 46 parties, or, where the parties cannot agree, the price will be determined by the Owner's I 47 Representative based upon the actual costs to perform the work, including reasonable 48 markup for overhead and profit. 49 I 50 1-09.4(1)(6) Decreased Quantities 51 Either party to the Contract will be entitled to an adjustment of Contract Sum if the actual 52 quantity of work performed is less than seventy-five percent (75 %) of the original bid RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 76 I