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2025 FEDERAL OVERLAY, W MUKILTEO BLVD – GLENWOOD AVE TO DOGWOOD DR <br /> PAGE SP16 OF SP123 SPECIAL PROVISIONS <br />WORK ORDER #3842 April 15, 2025 FEDERAL AID# NHPP-2776(011) <br />1. The Contractor believes there is information missing from the Contract 1 <br />Documents (Missing Information). 2 <br /> 3 <br />2. The Contractor believes a clarification of one or more of the Contract 4 <br />requirements is necessary (Clarification). 5 <br /> 6 <br />3. The Contractor needs to substitute a material that provides an equal or 7 <br />better level of performance as the one specified in the Contract (RFC - 8 <br />Material Substitution). Requests shall indicate the location(s), quantity, and 9 <br />shall describe how the material provides an equal or better level of 10 <br />performance as the material originally specified. 11 <br /> 12 <br />4. The Contractor requests a change to the Contract requirements for a 13 <br />reason other than one listed in items 1-3 of this Section (RFC - Other). To 14 <br />be considered, the request must not meet the requirements of a Value 15 <br />Engineering Change Proposal. To be considered, the request shall qualify 16 <br />as a Minor Change in accordance with Section 1-04.4(1) and shall describe 17 <br />how the change is beneficial to the project. 18 <br /> 19 <br />1-05.7.RTF 20 <br />1-05.7 Removal of Defective and Unauthorized Work 21 <br />(October 1, 2005 APWA GSP) 22 <br /> 23 <br />Supplement this section with the following: 24 <br /> 25 <br />If the Contractor fails to remedy defective or unauthorized work within the time specified 26 <br />in a written notice from the Engineer, or fails to perform any part of the work required by 27 <br />the Contract Documents, the Engineer may correct and remedy such work as may be 28 <br />identified in the written notice, with Contracting Agency forces or by such other means as 29 <br />the Contracting Agency may deem necessary. 30 <br /> 31 <br />If the Contractor fails to comply with a written order to remedy what the Engineer 32 <br />determines to be an emergency situation, the Engineer may have the defective and 33 <br />unauthorized work corrected immediately, have the rejected work removed and replaced, 34 <br />or have work the Contractor refuses to perform completed by using Contracting Agency 35 <br />or other forces. An emergency situation is any situation when, in the opinion of the 36 <br />Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk 37 <br />of loss or damage to the public. 38 <br /> 39 <br />Direct or indirect costs incurred by the Contracting Agency attributable to correcting and 40 <br />remedying defective or unauthorized work, or work the Contractor failed or refused to 41 <br />perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from 42 <br />monies due, or to become due, the Contractor. Such direct and indirect costs shall 43 <br />include in particular, but without limitation, compensation for additional professional 44 <br />services required, and costs for repair and replacement of work of others destroyed or 45 <br />damaged by correction, removal, or replacement of the Contractor’s unauthorized work. 46 <br /> 47 <br />No adjustment in contract time or compensation will be allowed because of the delay in 48 <br />the performance of the work attributable to the exercise of the Contracting Agency’s 49 <br />rights provided by this Section. 50 <br /> 51