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

I 1 differing materially from those ordinarily encountered and generally recognized 2 as inhering in work of the character provided for in this Contract. 3 4 If requested in writing by the Contractor and if the Owner's Representative finds that I 5 conditions are materially different and cause a material increase or decrease in the 6 Contractor's cost of performance of the work, or extends the duration of the critical path 7 of the schedule, the Owner's Representative will make an adjustment of Contract Sum or I 8 Contract Time. Extensions of Contract Time will be evaluated in accordance with 9 section 1-08.3 Progress Schedule. 10 Ii 1 12 However, if the parties are unable to agree on an adjustment of Contract Sum or Contract Time, the Owner's Representative will determine the amount of the adjustment 13 of Contract Sum or Contract Time. If the Owner's Representative determines that I14 differing site conditions do not exist or that no adjustment in Contract Sum or Contract 15 Time is warranted, such determination shall be final. If there is a decrease in the cost or 16 time required to perform the Work, failure of the Contractor to notify the Owner's I 17 Representative of the differing site condition shall not affect the Owner's right to make an 18 adjustment in the Contract Sum or Contract Time. Additionally, no Contract Claim or 19 adjustment of Contract Sum or Contract Time shall be allowed unless the Contractor has 20 followed the procedures provided for in this Contract, including, but not limited to, I 21 furnishing timely Notice of the event and its effect on Contract Time and Contract Sum 22 as required herein. 23 I 24 1-05 CONTROL OF WORK 25 26 1-05.1 Owner I 27 28 1-05.1, Authority of the Engineer/Owner is retitled to Owner and modified to read as follows: 29 I 30 31 The Owner, and the Owner's Representative, shall have the authority to act as the sole judge of the work and materials with respect to both quantity and quality as set forth in 32 the Contract. It is expressly stipulated that the drawings, Specifications and other I 33 Contract Documents set forth the requirements as to the nature of the completed work 34 and do not purport to control the method of performing work except in those instances 35 where the nature of the completed work is dependent on the method of performance. 36 37 The Owner has the authority to act, do, perform, and make any all decisions and actions 38 authorized by the Contract Documents, including, but not limited to, Change Orders, 39 progress payments, Contract decisions, acceptability of the Contractor's work, and early 111 40 possession. The Owner has the authority to accept or reject requests for progress 41 payments that have been submitted by the Contractor and recommended by the 42 Owner's Representative. The Owner has the authority to make determinations of the I 43 acceptability of the work. The Owner also has the authority to accept or reject the 44 Owner's Representative's recommendations regarding retention of defective work. 45 I 46 1-05.2 Owner's Representative 47 48 Section 1-05.2, Authority of Assistants and Inspectors, is retitled to Owner's Representative and I 49 the section is modified to read as follows: 50 51 The Owner's Representative shall be satisfied that all the work is being done in 52 accordance with the requirements of the Contract. The Contract and Specifications give iRIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 23