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

I 1 2 1-08.10 Termination of Contract 3 4 1-08.10(1) Termination for Default I 5 6 Section 1-08.10(1) is modified by the addition of the following: 7 The Owner may terminate the Contract upon written Notice to Contractor and its surety 8 whenever the Contractor is deemed to be in default or fails to fulfill, in a timely and 9 proper manner, one or more Contract obligations, or is in violation of any provisions or 10 covenants of the Contract. Termination shall be effective upon receipt of such Notice by 11 the Contractor. I 12 13 For purposes of this paragraph, the Contractor shall be deemed to be in default upon the 14 occurrence of any one or more of the following events: I 15 1. If Contractor is bankrupt or insolvent. 16 2. If Contractor makes a general assignment for the benefit of creditors. 17 3. If a trustee or receiver is appointed for Contractor, or for any of Contractor's I 18 property. 19 4. If Contractor files a petition to take advantage of any debtor's law, or to 20 reorganize under any bankruptcy chapter or law. 21 5. If Contractor repeatedly fails to make prompt payments to subcontractors or 22 others for labor, materials, or Equipment. 23 6. If Contractor disregards laws, ordinances, rules, regulations, or orders of any 24 public body having jurisdiction. I 25 7. If Contractor disregards the authority of the Owner or Owner's Representative. 26 8. If Contractor violates in any substantial way the provisions of the Contract 27 Documents or fails, neglects, or refuses to proceed in compliance with the I 28 provisions of the Contract Documents. 29 9. If the Contractor made material misrepresentations to the Owner with respect to: 30 (a) its qualifications or those of its subcontractors; 31 (b) or its subcontractors' ability to perform the Work in a timely, workmanlike 32 manner; 33 (c) the materials installed or to be installed; or I 34 (d) progress pay estimates. 35 36 After termination of the Contractor for default, the Owner may transfer performance of 37 the work to the Contractor's surety. The Owner may exclude the Contractor from the site I 38 and take possession of the work and all of the Contractor's tools, appliances, owned or 39 rented construction Equipment, and machinery at the site and use the same to the full 40 extent they could be used by the Contractor. The Owner may incorporate in the work all I 41 materials and Equipment stored at the site or for which the Owner has paid the 42 Contractor, but which are not yet on site. In such case, the Contractor will not be entitled 43 to receive any further payment until the work is finished. At the Owner's sole option, I 44 Contractor shall assign and transfer any contractual rights to material and Equipment to 45 be installed, incorporated, or used in the performance of the work. Owner shall credit 46 Contractor for the reasonable fair market rental value of any and all Contractor owned I 47 equipment for so long as retained and used by the Owner. Owner shall credit Contractor 48 for all materials and supplies on site or on order, but not yet paid for by Owner, provided 49 that ownership is transferred and assigned to the Owner and the materials and supplies I 50 conform to the requirements of the Contract Documents. 51 52 If the unpaid balance of the Contract Sum exceeds the direct and indirect cost of the 53 completed work, including construction management services, such excess shall be paid I RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 68 I