Always Active Services LLC of Seattle 7/21/2022

I 1 If the Contractor fails to comply with a written order to remedy what the Engineer I 2 determines to be an emergency situation, the Engineer may have the defective and 3 unauthorized work corrected immediately, have the rejected work removed and replaced, 4 or have work the Contractor refuses to perform completed by using Contracting Agency I 5 or other forces. An emergency situation is any situation when, in the opinion of the 6 Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk 7 of loss or damage to the public. I 8 9 Direct or indirect costs incurred by the Contracting Agency attributable to correcting and 10 remedying defective or unauthorized work, or work the Contractor failed or refused to 11 perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from I/ 12 monies due, or to become due, the Contractor. Such direct and indirect costs shall 13 include in particular, but without limitation, compensation for additional professional 14 services required, and costs for repair and replacement of work of others destroyed or I15 16 damaged by correction, removal, or replacement of the Contractor's unauthorized work. 17 No adjustment in contract time or compensation will be allowed because of the delay in 18 the performance of the work attributable to the exercise of the Contracting Agency's 19 rights provided by this Section. 20 I 21 The rights exercised under the provisions of this section shall not diminish the 22 Contracting Agency's right to pursue any other avenue for additional remedy or damages 23 with respect to the Contractor's failure to perform the work as required. 24 1 25 26 1-05.11.RTF 27 1-05.11 Final Inspection I 28 29 Delete this section and replace it with the following: 30 I 31 1-05.11 Final Inspections and Operational Testing 32 (October 1, 2005 APWA GSP) 33 I34 1-05.11(1) Substantial Completion Date 35 36 When the Contractor considers the work to be substantially complete, the Contractor 37 shall so notify the Engineer and request the Engineer establish the Substantial I38 Completion Date. The Contractor's request shall list the specific items of work that 39 remain to be completed in order to reach physical completion. The Engineer will 40 schedule an inspection of the work with the Contractor to determine the status of I 41 completion. The Engineer may also establish the Substantial Completion Date 42 unilaterally. 43 I 44 If, after this inspection, the Engineer concurs with the Contractor that the work is 45 substantially complete and ready for its intended use, the Engineer, by written notice to 46 the Contractor, will set the Substantial Completion Date. If, after this inspection the I 47 Engineer does not consider the work substantially complete and ready for its intended 48 use, the Engineer will, by written notice, so notify the Contractor giving the reasons 49 therefor. i 50 INTERURBAN TRAIL TO YMCA PEDESTRIAN IMPROVEMENTS SPECIAL PROVISIONS I WORK ORDER 3749 Page SP15 of SP68 MAY 2,2022