R2003-170 AUTHORIZING WATER MAIN AGREEMENT

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Provision Chan�e 12.4.8 If the Owner reasonably detemunes that the portion of the Guaranteed Maximum Price Contract Sum then remaining unpaid will not be sufficient to complete the Work in accordance with the Contract Documents,whereupon no additional payments will be due the Contractor hereunder unless and until the Contractor, at his sole cost, performs a sufficient portion of the Work so that the portion of the Guaranteed Maximum Price Contract Sum then remaining unpaid is determined by the Owner to be sufficient to complete the Work." 12.3 Following Paragraph 123,the following is hereby inserted: "12.4 The Contractor shall promptly pay all bills for labor and material performed and fiunished by others in connection with the perfom�ance of the Work, and if any mechanics' or materialmen's liens shall be filed against the Project in connecrion with the Work, the Contractor shall prompfly pay the same or cause them to be discharged upon demand by the Owner as provided in SubparaQraph 93.1.2 of the General Conditions,as supplemented." 13.1 The following language is hereby inserted at the end of the first sentence of Paragraph 13.1: "as amended." The following language is hereby deleted from the last sentence of Paragraph 13.1: ", except that the Contractor's Fee shall be calculated as if the Work had been fully completed by the Contractor, including a reasonable estimate of the Cost of the Work for Work not actually completed" 13.1.1 Following Paragraph 13.1,the following is hereby inserted: "13.1.1 Upon termination of this Contract, Contractor shall execute and deliver all such papers and documents, and take all such steps, including the legal assignment of all subcontracts,as Owner may require. 13.1.2 Owner may terminate this Contract in whole or in part at any time without cause by giving the Contractor seven(7) days written norice thereof. Upon receipt of such written notice, the Contractor shall (i) stop all Work except as the Owner may otherwise direct, (ii) incur no further liabilities, and (iii) take all such actions as are necessary or as Owner may direct to protect the Work and to minimize all costs resulting from the texminarion. If the Owner so terminates this Contract without cause, Contractor shall be enritled to receive payment for all amounts then due, including retainage and reasonable close-out costs approved by Owner;provided,however,that in no event shall such amounts exceed the total Contract Suxn reduced by the amount of prior payments. Nothing in this Subparagraph shall in any way affect Owner's right to ternunate the Contract because of Contractor's default, as set forth in the General Condirions, nor affect any remedies therefor. Subcontracts and Sub-subcontracts, as well as purchase orders, shall contain appropriate provisions for terminarion and/or assignment to the Owner under this Paragraph." 13.4 Following Paragraph 13.4,the following is hereby inserted: "13.5 The Contractor shall not be enritled to any portion of Savings if the Owner terminates this contract for cause or if the Con�actor terminates this Agreement for any 7 Doc#:CHI01(239130-00107)50130735v3;08/12/2003lTime:10:48