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

I 1 I 2 1-09.3 Scope of Payment 3 4 Section 1-09.3 is modified by inserting the heading, "1-09.3(1) General" immediately after the I 5 heading "1-09.3 Scope of Payment" and by adding the following new sections: 6 7 1-09.3(2) Back Charges to Contractor I 8 9 The Contractor shall pay the Owner on demand everything charged to it under the terms 10 of this Contract. Such charges may be deducted by the Owner from money due or to Ii I 12 become due to the Contractor under the Contract. The Owner may recover such charges from the Contractor or from its surety. 13 14 Contractor agrees to pay the costs of overtime or excessive inspection and observation I 15 costs incurred by the Owner. Overtime inspection shall include inspection required 16 during Saturdays, Sundays, City holidays and weekdays, in excess of 40 hours per week 17 or outside of normal working hours and inspections or observations that result in an I18 inspector or observer working more than forty hours in a week. Costs of such overtime 19 or excessive inspection or observation include architecture, engineering, construction 20 management services, inspection, general supervision and overhead expenses which I 21 are directly chargeable to the overtime or excessive work. Contractor agrees that Owner 22 will deduct such charges from payments due the Contractor. In the event the Owner by 23 Change Order requires the Contractor to work in excess of the established schedule of I 24 25 working hours, the Owner will not charge the Contractor for inspection costs associated therewith. 26 I 27 The Owner shall be compensated by the Contractor for the actual costs to the Owner of 28 engineering, inspection, general supervision, right-of-way costs, permit fees, overhead 29 expenses, and any other ascertainable direct costs to the Owner which are directly 30 chargeable to the work and which accrue during the period of such extension. The I 31 actual costs do not include charges for final inspection and preparation of the final 32 payment by the Owner. 33 I 34 1-09.3(3) Payments to Contractor 35 36 1-09.3(3)(A) Schedule of Values I 37 38 The Contractor shall submit a Schedule of Values at least fifteen (15) days prior to 39 submitting its first Application for Payment. If the project contains Unit Price Work, in I 40 41 whole or in part, then the Schedule of Values for that portion of the Work shall also be based on unit prices. If the bid form calls for a lump sum price, in whole or in part, then 42 the Schedule of Values shall: reasonably allocate the Contract Sum among the various 43 portions of the Work; be complete; be organized to include detailed breakdown of each I 44 major unit of the work; be organized to correspond to Contractor's schedule; break down 45 the Contract Sum showing the value assigned to each part of the work; include an 46 allowance for profit and overhead; include unit price work, if and to the extent indicated I 47 on the bid form; be so organized as to facilitate assessment of work and payment of 48 subcontractors; and be balanced. To the greatest extent possible, the breakdown shall 49 use the same tasks/units as the Contractor's schedule. Contractor shall provide I 50 documentation substantiating the cost allocation if asked by the Owner's Representative. 51 Upon acceptance of the Schedule of Values by the Owner's Representative, it shall be 52 used as a basis for all requests for payment. I53 I RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 73