Lakeside Industries, Inc. 5/3/2024

2024 Pavement Maintenance Overlay SPECIAL PROVISIONS PW# 3823 12 1. Addenda, 1 2. Proposal Form, 2 3. Special Provisions, 3 4. Contract Plans, 4 5. Standard Specifications, 5 6. Contracting Agency’s Standard Plans or Details (if any), and 6 7. WSDOT Standard Plans for Road, Bridge, and Municipal Construction. 7 8 1-05.GR1 9 Control of Work 10 11 1-05.7.RTF 12 1-05.7 Removal of Defective and Unauthorized Work 13 (October 1, 2005 APWA GSP) 14 15 Supplement this section with the following: 16 17 If the Contractor fails to remedy defective or unauthorized work within the time specified 18 in a written notice from the Engineer, or fails to perform any part of the work required by 19 the Contract Documents, the Engineer may correct and remedy such work as may be 20 identified in the written notice, with Contracting Agency forces or by such other means as 21 the Contracting Agency may deem necessary. 22 23 If the Contractor fails to comply with a written order to remedy what the Engineer 24 determines to be an emergency situation, the Engineer may have the defective and 25 unauthorized work corrected immediately, have the rejected work removed and replaced, 26 or have work the Contractor refuses to perform completed by using Contracting Agency 27 or other forces. An emergency situation is any situation when, in the opinion of the 28 Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk 29 of loss or damage to the public. 30 31 Direct or indirect costs incurred by the Contracting Agency attributable to correcting and 32 remedying defective or unauthorized work, or work the Contractor failed or refused to 33 perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from 34 monies due, or to become due, the Contractor. Such direct and indirect costs shall 35 include in particular, but without limitation, compensation for additional professional 36 services required, and costs for repair and replacement of work of others destroyed or 37 damaged by correction, removal, or replacement of the Contractor’s unauthorized work. 38 39 No adjustment in contract time or compensation will be allowed because of the delay in 40 the performance of the work attributable to the exercise of the Contracting Agency’s 41 rights provided by this Section. 42 43 The rights exercised under the provisions of this section shall not diminish the 44 Contracting Agency’s right to pursue any other avenue for additional remedy or damages 45 with respect to the Contractor’s failure to perform the work as required. 46 47