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1 identified in the written notice, with Contracting Agency forces or by such other means as <br /> 2 the Contracting Agency may deem necessary. <br /> 3 <br /> 4 If the Contractor fails to comply with a written order to remedy what the Engineer <br /> 5 determines to be an emergency situation, the Engineer may have the defective and <br /> 6 unauthorized work corrected immediately, have the rejected work removed and replaced, <br /> 7 or have work the Contractor refuses to perform completed by using Contracting Agency <br /> 8 or other forces. An emergency situation is any situation when, in the opinion of the <br /> 9 Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk <br /> 10 of loss or damage to the public. <br /> 11 <br /> 12 Direct or indirect costs incurred by the Contracting Agency attributable to correcting and <br /> 13 remedying defective or unauthorized work, or work the Contractor failed or refused to <br /> 14 perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from <br /> 15 monies due, or to become due, the Contractor. Such direct and indirect costs shall <br /> 16 include in particular, but without limitation, compensation for additional professional <br /> 17 services required, and costs for repair and replacement of work of others destroyed or <br /> 18 damaged by correction, removal, or replacement of the Contractor's unauthorized work. <br /> 19 <br /> 20 No adjustment in contract time or compensation will be allowed because of the delay in <br /> 21 the performance of the work attributable to the exercise of the Contracting Agency's <br /> 22 rights provided by this Section. <br /> 23 <br /> 24 The rights exercised under the provisions of this section shall not diminish the <br /> 25 Contracting Agency's right to pursue any other avenue for additional remedy or damages <br /> 26 with respect to the Contractor's failure to perform the work as required. <br /> 27 <br /> 28 <br /> 29 1-05.11.RTF <br /> 30 1-05.11 Final Inspection <br /> 31 <br /> 32 Delete this section and replace it with the following: <br /> 33 <br /> 34 1-05.11 Final Inspections and Operational Testing <br /> 35 (October 1, 2005 APWA GSP) <br /> 36 <br /> 37 1-05.11(1) Substantial Completion Date <br /> 38 <br /> 39 When the Contractor considers the work to be substantially complete, the Contractor <br /> 40 shall so notify the Engineer and request the Engineer establish the Substantial <br /> 41 Completion Date. The Contractor's request shall list the specific items of work that <br /> 42 remain to be completed in order to reach physical completion. The Engineer will <br /> 43 schedule an inspection of the work with the Contractor to determine the status of <br /> 44 completion. The Engineer may also establish the Substantial Completion Date <br /> 45 unilaterally. <br /> 46 <br /> 47 If, after this inspection, the Engineer concurs with the Contractor that the work is <br /> 48 substantially complete and ready for its intended use, the Engineer, by written notice to <br /> 49 the Contractor, will set the Substantial Completion Date. If, after this inspection the <br /> 50 Engineer does not consider the work substantially complete and ready for its intended <br /> 2023 PAVEMENT MAINTENANCE OVERLAY <br /> WO#3789 February 14,2023 12 <br />