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2025 PAVEMENT MAINTENANCE OVERLAY SPECIAL PROVISIONS <br />PW# 3830 <br /> SP-13 March 26, 2025 <br /> <br />Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk 1 <br />of loss or damage to the public. 2 <br /> 3 <br />Direct or indirect costs incurred by the Contracting Agency attributable to correcting and 4 <br />remedying defective or unauthorized work, or work the Contractor failed or refused to 5 <br />perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from 6 <br />monies due, or to become due, the Contractor. Such direct and indirect costs shall 7 <br />include in particular, but without limitation, compensation for additional professional 8 <br />services required, and costs for repair and replacement of work of others destroyed or 9 <br />damaged by correction, removal, or replacement of the Contractor’s unauthorized work. 10 <br /> 11 <br />No adjustment in contract time or compensation will be allowed because of the delay in 12 <br />the performance of the work attributable to the exercise of the Contracting Agency’s 13 <br />rights provided by this Section. 14 <br /> 15 <br />The rights exercised under the provisions of this section shall not diminish the 16 <br />Contracting Agency’s right to pursue any other avenue for additional remedy or damages 17 <br />with respect to the Contractor’s failure to perform the work as required. 18 <br /> 19 <br /> 20 <br />1-05.11.RTF 21 <br />1-05.11 Final Inspection 22 <br /> 23 <br />Delete this section and replace it with the following: 24 <br /> 25 <br />1-05.11 Final Inspections and Operational Testing 26 <br />(October 1, 2005 APWA GSP) 27 <br /> 28 <br />1-05.11(1) Substantial Completion Date 29 <br /> 30 <br />When the Contractor considers the work to be substantially complete, the Contractor 31 <br />shall so notify the Engineer and request the Engineer establish the Substantial 32 <br />Completion Date. The Contractor’s request shall list the specific items of work that 33 <br />remain to be completed in order to reach physical completion. The Engineer will 34 <br />schedule an inspection of the work with the Contractor to determine the status of 35 <br />completion. The Engineer may also establish the Substantial Completion Date 36 <br />unilaterally. 37 <br /> 38 <br />If, after this inspection, the Engineer concurs with the Contractor that the work is 39 <br />substantially complete and ready for its intended use, the Engineer, by written notice to 40 <br />the Contractor, will set the Substantial Completion Date. If, after this inspection the 41 <br />Engineer does not consider the work substantially complete and ready for its intended 42 <br />use, the Engineer will, by written notice, so notify the Contractor giving the reasons 43 <br />therefor. 44 <br /> 45 <br />Upon receipt of written notice concurring in or denying substantial completion, whichever 46 <br />is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized 47 <br />interruption, the work necessary to reach Substantial and Physical Completion. The 48 <br />Contractor shall provide the Engineer with a revised schedule indicating when the 49 <br />Contractor expects to reach substantial and physical completion of the work. 50 <br /> 51