181-26 Exhibit A- Final Specifications_compressed.pdf

1. Fails to begin construction operations within 21 days of execution of the Contract. THE THIRD PARAGRAPH IS CHANGED TO: If the Department directs the Surety to complete the Contract, the Department will provide to the Surety the Contract as defined in 101.03 and the completion status of the Contract. If the Surety elects to use a completion-contractor to perform the Work, the Surety must promptly submit to the Department a request for approval of the proposed completion-contractor as a subcontractor as specified in 108.01 within 45 days of receipt of the Contract provided by the Department pursuant to this Section. The Department, in its sole discretion, has the right to reject a request by the Surety to use the Contractor or another contractor as the completion-contractor, either directly or under the direction of a consultant to the Surety. THE FOLLOWING IS ADDED AFTER THE THIRD PARAGRAPH: If the Department approves the Surety’s request to use the Contractor as the completion-contractor, the Surety shall cause the Contractor to begin Work, as defined in 101.03, within 45 days of notice of the Department’s approval or as directed by the Department based on factors including but not limited to weather, seasonal restrictions, permits or at its sole discretion. The failure of the Surety to comply with the deadlines set forth in this Section shall be deemed a material breach of the Contract. If the Department does not approve the Surety’s proposed completion-contractor, the Surety must submit to the Department a request for approval of an alternative completion-contractor within 60 days of notice of the Department’s disapproval. If the Department does not approve the Surety’s alternative completion-contractor, the Department may continue to request approval of another alternative completion-contractor. Within 60 days of notice of the Department’s approval of the Surety’s proposed completion-contractor, the Surety shall cause the completion-contractor to begin Work, as defined in 101.03, or as directed by the Department based on factors including but not limited to weather, seasonal restrictions, permits or at its sole discretion. The failure of the Surety to comply with the deadlines set forth in this Section shall be deemed a material breach of the Contract. 108.15 TERMINATION OF CONTRACT 108.15.02 For Cause REVISE PARAGRAPH FIVE TO: The Department

o comply with the deadlines set forth in this Section shall be deemed a material breach of the Contract. 108.15 TERMINATION OF CONTRACT 108.15.02 For Cause REVISE PARAGRAPH FIVE TO: The Department will not make payment for profit and overhead not included in the Contract price for Items for work completed or partially completed except that the Department may make payment for profit and overhead on work. 108.19 COMPLETION AND ACCEPTANCE THE FOLLOWING IS ADDED: No Incentive Payment for Early Completion is specified for this project. 108.20 LIQUIDATED DAMAGES THE ENTIRE SECTION IS DELETED AND REPLACED WITH THE FOLLOWING: Please refer to the CONTRACT AND AGREEMENT Section in the front end of these specification for any required liquidated damage requirements. 108.21 WARRANTIES THE ENTIRE SECTION IS DELETED AND REPLACED WITH THE FOLLOWING: Please refer to the GENERAL CONDITIONS Section in the front end of these specification for any required warranties (Maintenance Bond). HELEN AVE., LAWRENCE AVE., FLORENCE PL., AND LOWELL AVE., IMPROVEMENTS PROJECT Page 22 of 76