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18TH STREET PEDESTRIAN IMPROVEMENTS 3741 RMT July 03, 2024 13 Direct or indirect costs incurred by the Contracting Agency attributable to correcting and 1 remedying defective or unauthorized work, or work the Contractor failed or refused to 2 perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from 3 monies due, or to become due, the Contractor. Such direct and indirect costs shall 4 include in particular, but without limitation, compensation for additional professional 5 services required, and costs for repair and replacement of work of others destroyed or 6 damaged by correction, removal, or replacement of the Contractor’s unauthorized work. 7 8 No adjustment in contract time or compensation will be allowed because of the delay in 9 the performance of the work attributable to the exercise of the Contracting Agency’s 10 rights provided by this Section. 11 12 The rights exercised under the provisions of this section shall not diminish the 13 Contracting Agency’s right to pursue any other avenue for additional remedy or damages 14 with respect to the Contractor’s failure to perform the work as required. 15 16 17 1-05.11.RTF 18 1-05.11 Final Inspection 19 20 Delete this section and replace it with the following: 21 22 1-05.11 Final Inspections and Operational Testing 23 (October 1, 2005 APWA GSP) 24 25 1-05.11(1) Substantial Completion Date 26 27 When the Contractor considers the work to be substantially complete, the Contractor 28 shall so notify the Engineer and request the Engineer establish the Substantial 29 Completion Date. The Contractor’s request shall list the specific items of work that 30 remain to be completed in order to reach physical completion. The Engineer will 31 schedule an inspection of the work with the Contractor to determine the status of 32 completion. The Engineer may also establish the Substantial Completion Date 33 unilaterally. 34 35 If, after this inspection, the Engineer concurs with the Contractor that the work is 36 substantially complete and ready for its intended use, the Engineer, by written notice to 37 the Contractor, will set the Substantial Completion Date. If, after this inspection the 38 Engineer does not consider the work substantially complete and ready for its intended 39 use, the Engineer will, by written notice, so notify the Contractor giving the reasons 40 therefor. 41 42 Upon receipt of written notice concurring in or denying substantial completion, whichever 43 is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized 44 interruption, the work necessary to reach Substantial and Physical Completion. The 45 Contractor shall provide the Engineer with a revised schedule indicating when the 46 Contractor expects to reach substantial and physical completion of the work. 47 48 The above process shall be repeated until the Engineer establishes the Substantial 49 Completion Date and the Contractor considers the work physically complete and ready for 50 final inspection. 51 52