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I <br /> 1 1-05.7.RTF <br /> 2 1-05.7 Removal of Defective and Unauthorized Work ' <br /> 3 (October 1, 2005 APWA GSP) <br /> 4 <br /> 5 Supplement this section with the following: I <br /> 6 <br /> 7 If the Contractor fails to remedy defective or unauthorized work within the time specified <br /> 8 in a written notice from the Engineer, or fails to perform any part of the work required by I <br /> 9 the Contract Documents, the Engineer may correct and remedy such work as may be <br /> 10 identified in the written notice, with Contracting Agency forces or by such other means as <br /> 11 the Contracting Agency may deem necessary. I <br /> 12 <br /> 13 If the Contractor fails to comply with a written order to remedy what the Engineer <br /> 14 determines to be an emergency situation, the Engineer may have the defective and I <br /> 15 unauthorized work corrected immediately, have the rejected work removed and replaced, <br /> 16 or have work the Contractor refuses to perform completed by using Contracting Agency <br /> 17 or other forces. An emergency situation is any situation when, in the opinion of the <br /> 18 Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk I <br /> 19 of loss or damage to the public. <br /> 20 <br /> 21 Direct or indirect costs incurred by the Contracting Agency attributable to correcting and I <br /> 22 remedying defective or unauthorized work, or work the Contractor failed or refused to <br /> 23 perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from <br /> 24 monies due, or to become due, the Contractor. Such direct and indirect costs shall I <br /> 25 include in particular, but without limitation, compensation for additional professional <br /> 26 services required, and costs for repair and replacement of work of others destroyed or <br /> 27 damaged by correction, removal, or replacement of the Contractor's unauthorized work. I <br /> 28 <br /> 29 No adjustment in contract time or compensation will be allowed because of the delay in <br /> 30 the performance of the work attributable to the exercise of the Contracting Agency's I <br /> 31 rights provided by this Section. <br /> 32 <br /> 33 The rights exercised under the provisions of this section shall not diminish the <br /> 34 Contracting Agency's right to pursue any other avenue for additional remedy or damages I <br /> 35 with respect to the Contractor's failure to perform the work as required. <br /> 36 <br /> 37 '38 1-05.11.RTF <br /> 39 1-05.11 Final Inspection <br /> 40 I <br /> 41 Delete this section and replace it with the following: <br /> 42 <br /> 43 1-05.11 Final Inspections and Operational Testing I <br /> 44 (October 1, 2005 APWA GSP) <br /> 45 <br /> 46 1-05.11(1) Substantial Completion Date I <br /> 47 <br /> 48 When the Contractor considers the work to be substantially complete, the Contractor <br /> 49 shall so notify the Engineer and request the Engineer establish the Substantial <br /> 50 Completion Date. The Contractor's request shall list the specific items of work that I <br /> 51 remain to be completed in order to reach physical completion. The Engineer will <br /> 52 schedule an inspection of the work with the Contractor to determine the status of <br /> I <br /> 2021 PAVEMENT MAINTENANCE OVERLAY PAGE 14 OF 84 DIVISION T <br /> WORK ORDER 3751 MARCH 29,2021 I <br />