09 - Pump Track Construction Contract with American Ramp Company

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satisfactory to the OWNER to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this result, CONTRACTOR consents to the issuance of the final payment in the form of joint checks made payable to CONTRACTOR and others. The OWNER may, but is not obligated to issue final payment using joint checks. Final payment to the CONTRACTOR shall not be due until the CONTRACTOR has supplied to the OWNER original copies of all documents that the OWNER determines are reasonably necessary to ensure both that the final payment amount is properly calculated and that the OWNER has satisfied its obligation to administer the Construction Agreement in accordance with applicable law. The following documents shall, at a minimum, be required to be submitted prior to final payment being due: redline as -built construction plans; consent of surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and, final change order(s). "Redline as -built construction plans" shall include, but are not limited to markups for change orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents and CONTRACTOR shall provide such other and further documents as may be requested and required by the OWNER to close out a particular project. Subject to the requirements of the Contract Documents, the OWNER shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted. L. CONTRACTOR's Warranty For a two-year period after the date specified in a written notice of acceptance of Work, CONTRACTOR shall provide and pay for all labor and materials that the OWNER determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by CONTRACTOR or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the OWNER may make a warranty inspection of the Work. The OWNER shall notify the CONTRACTOR of the date and time of this inspection so that a CONTRACTOR representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the OWNER shall mail to the CONTRACTOR a written notice that specifies the defects in the Work that are to be corrected. The CONTRACTOR shall begin the remedial work within ten (10) calendar days after receiving the written notice from the City. If the CONTRACTOR does not begin the remedial work timely or prosecute it diligently, then the OWNER may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the CONTRACTOR, the performance bond surety, or both. 11