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<br />Fulton Street Pedestrian Bicycle Corridor PAGE 14 OF 114 CONTRACT <br />FEDERAL AID # TAP-0420(026) <br />WO #3785 September 6, 2024 <br /> <br />1-05.7.RTF 1 <br />1-05.7 Removal of Defective and Unauthorized Work 2 <br />(October 1, 2005 APWA GSP) 3 <br /> 4 <br />Supplement this section with the following: 5 <br /> 6 <br />If the Contractor fails to remedy defective or unauthorized work within the time specified 7 <br />in a written notice from the Engineer, or fails to perform any part of the work required by 8 <br />the Contract Documents, the Engineer may correct and remedy such work as may be 9 <br />identified in the written notice, with Contracting Agency forces or by such other means as 10 <br />the Contracting Agency may deem necessary. 11 <br /> 12 <br />If the Contractor fails to comply with a written order to remedy what the Engineer 13 <br />determines to be an emergency situation, the Engineer may have the defective and 14 <br />unauthorized work corrected immediately, have the rejected work removed and replaced, 15 <br />or have work the Contractor refuses to perform completed by using Contracting Agency 16 <br />or other forces. An emergency situation is any situation when, in the opinion of the 17 <br />Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk 18 <br />of loss or damage to the public. 19 <br /> 20 <br />Direct or indirect costs incurred by the Contracting Agency attributable to correcting and 21 <br />remedying defective or unauthorized work, or work the Contractor failed or refused to 22 <br />perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from 23 <br />monies due, or to become due, the Contractor. Such direct and indirect costs shall 24 <br />include in particular, but without limitation, compensation for additional professional 25 <br />services required, and costs for repair and replacement of work of others destroyed or 26 <br />damaged by correction, removal, or replacement of the Contractor’s unauthorized work. 27 <br /> 28 <br />No adjustment in contract time or compensation will be allowed because of the delay in 29 <br />the performance of the work attributable to the exercise of the Contracting Agency’s 30 <br />rights provided by this Section. 31 <br /> 32 <br />The rights exercised under the provisions of this section shall not diminish the 33 <br />Contracting Agency’s right to pursue any other avenue for additional remedy or damages 34 <br />with respect to the Contractor’s failure to perform the work as required. 35 <br /> 36 <br /> 37 <br />1-05.11.RTF 38 <br />1-05.11 Final Inspection 39 <br /> 40 <br />Delete this section and replace it with the following: 41 <br /> 42 <br />1-05.11 Final Inspections and Operational Testing 43 <br />(October 1, 2005 APWA GSP) 44 <br /> 45 <br />1-05.11(1) Substantial Completion Date 46 <br /> 47 <br />When the Contractor considers the work to be substantially complete, the Contractor 48 <br />shall so notify the Engineer and request the Engineer establish the Substantial 49 <br />Completion Date. The Contractor’s request shall list the specific items of work that 50 <br />remain to be completed in order to reach physical completion. The Engineer will 51 <br />schedule an inspection of the work with the Contractor to determine the status of 52