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

I 1 direct the Contractor to implement any change by Notice. The Owner shall not pay or be 2 responsible or liable for any change implemented by the Contractor without explicit 3 Notice from the Owner to proceed. 4 5 1-04.4(2) Extra Work 6 7 At its sole option, the Owner may (1) perform Extra Work itself, (2) employ others to do 8 it, (3) direct the Contractor to perform the Extra Work at existing unit bid price, (4) direct 9 the Contractor to perform the Extra Work at a mutually agreed upon price, or(5) direct 10 the Contractor to perform the Extra Work on a Force Account basis. 11 12 1-04.4(3) Change Orders 13 14 Changes to the work may result in an increase or decrease in Contract Sum, as 15 provided in section 1-09.4 Equitable Adjustment. Requests for an increase in Contract II 16 Time must be made as provided in section 1-08.3 Progress Schedule, as applicable. 17 Substantial changes in Contract Time, Contract Sum or Work will often be negotiated 18 and agreed between the Contractor and Owner before the Owner directs the Contractor 19 to proceed with the change. 20 21 If the Contractor and Owner agree on the scope of work and any changes to Contract 1 22 Sum and Contract Time, the Contractor and Owner shall execute an agreed Change 23 Order. However, if the Contractor and Owner do not agree, the Owner may, in its sole 24 discretion, issue a unilateral Change Order in the form attached to the Contract it 25 Documents changing the scope of work and making any adjustments to the Contract 26 Sum pursuant to section 1-09.4 Equitable Adjustment and Contract Time in such amount 27 and for such time as the Owner thinks appropriate. Contractor agrees to use the agreed 28 Change Order form attached to the Contract Documents. The Contractor accepts all 29 requirements, terms and conditions of a Change Order by: signing it; writing a separate 30 acceptance; or by failing to notify the Owner immediately in writing that Contractor 31 disagrees with the Change Order and does not intend to be bound by its terms. 32 33 The Contractor waives and is estopped from denying its agreement with any unilateral 34 Change Order for which the Contractor does not immediately give Notice to the Owner 35 as provided in section 1-04.5 Notice by Contractor and submitting a Contract Claim as 36 provided in section 1-09.11(2) Claims. A unilateral Change Order that is not timely 37 protested as provided in this section shall be full payment and final settlement of all 38 asserted and unasserted Contract Claims for Contract Time and all costs of any kind, 39 including costs of Delays, inefficiencies and impacts, related to, arising out of, or 40 resulting from, any work described in the Change Order. 41 42 The Contractor shall obtain written consent of the surety or sureties if the Owner's 43 Representative requests such consent. 44 45 1-04.4(4) Value Engineering and Cost Sharing 46 I 47 The Contractor may submit proposals for changing the plans, Specifications, or other 48 requirements of the Contract Documents and the Owner, in its sole discretion, may accept or 49 reject such proposals. If accepted by the Owner and if the proposal decreases the direct, actual 50 costs of constructing the Work, the Contract Sum shall be reduced by fifty percent (50%) of the 51 direct, actual construction cost saved. Because the Owner has the sole discretion whether to 52 consider, accept or reject the Contractor's proposal and the Contractor has no right to require the 53 Owner to consider or accept such proposals, the Owner's decision is not reviewable by any court. RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 20