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CITY OF EVERETT WEST MARINE VIEW DRIVE/ALVERSON AND 41 ST ST/GRAND AVE <br />PEDESTRIAN IMPROVEMENTS <br />STATE FUND# HLP-PB15(032) <br />WO #3630 July 25, 2024 <br />16 <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: <br />6 <br />7 If the Contractor fails to remedy defective or unauthorized work within the time specified in <br />8 a written notice from the Engineer, or fails to perform any part of the work required by the <br />9 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. <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 <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 or <br />17 other forces. An emergency situation is any situation when, in the opinion of the Engineer, <br />18 a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or <br />19 damage to the public. <br />20 <br />21 Direct or indirect costs incurred by the Contracting Agency attributable to correcting and <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 include <br />25 in particular, but without limitation, compensation for additional professional services <br />26 required, and costs for repair and replacement of work of others destroyed or damaged by <br />27 correction, removal, or replacement of the Contractors unauthorized work. <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 Agencys rights <br />31 provided by this Section. <br />32 <br />33 The rights exercised under the provisions of this section shall not diminish the Contracting <br />34 Agencys right to pursue any other avenue for additional remedy or damages with respect <br />35 to the Contractors failure to perform the work as required. <br />36 <br />37 <br />38 1-05.11.RTF <br />39 1-05.11 Final Inspection <br />40 <br />41 Delete this section and replace it with the following: <br />42 <br />43 1-05.11 Final Inspections and Operational Testing <br />44 (October 1, 2005 APWA GSP) <br />45 <br />46 1-05.11(1) Substantial Completion Date <br />47 <br />48 When the Contractor considers the work to be substantially complete, the Contractor shall <br />49 so notify the Engineer and request the Engineer establish the Substantial Completion <br />50 Date. The Contractors request shall list the specific items of work that remain to be <br />51 completed in order to reach physical completion. The Engineer will