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2025 FEDERAL OVERLAY, BROADWAY – CALIFORNIA ST TO 18TH ST SPECIAL PROVISIONS <br />FEDERAL AID# STBGUL-2715(012); COE PW# 3841 SP-16 May 6, 2025 <br /> <br />4. The Contractor requests a change to the Contract requirements for a 1 <br />reason other than one listed in items 1-3 of this Section (RFC - Other). To 2 <br />be considered, the request must not meet the requirements of a Value 3 <br />Engineering Change Proposal. To be considered, the request shall qualify 4 <br />as a Minor Change in accordance with Section 1-04.4(1) and shall describe 5 <br />how the change is beneficial to the project. 6 <br /> 7 <br />1-05.7.RTF 8 <br />1-05.7 Removal of Defective and Unauthorized Work 9 <br />(October 1, 2005 APWA GSP) 10 <br /> 11 <br />Supplement this section with the following: 12 <br /> 13 <br />If the Contractor fails to remedy defective or unauthorized work within the time specified 14 <br />in a written notice from the Engineer, or fails to perform any part of the work required by 15 <br />the Contract Documents, the Engineer may correct and remedy such work as may be 16 <br />identified in the written notice, with Contracting Agency forces or by such other means as 17 <br />the Contracting Agency may deem necessary. 18 <br /> 19 <br />If the Contractor fails to comply with a written order to remedy what the Engineer 20 <br />determines to be an emergency situation, the Engineer may have the defective and 21 <br />unauthorized work corrected immediately, have the rejected work removed and replaced, 22 <br />or have work the Contractor refuses to perform completed by using Contracting Agency 23 <br />or other forces. An emergency situation is any situation when, in the opinion of the 24 <br />Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk 25 <br />of loss or damage to the public. 26 <br /> 27 <br />Direct or indirect costs incurred by the Contracting Agency attributable to correcting and 28 <br />remedying defective or unauthorized work, or work the Contractor failed or refused to 29 <br />perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from 30 <br />monies due, or to become due, the Contractor. Such direct and indirect costs shall 31 <br />include in particular, but without limitation, compensation for additional professional 32 <br />services required, and costs for repair and replacement of work of others destroyed or 33 <br />damaged by correction, removal, or replacement of the Contractor’s unauthorized work. 34 <br /> 35 <br />No adjustment in contract time or compensation will be allowed because of the delay in 36 <br />the performance of the work attributable to the exercise of the Contracting Agency’s 37 <br />rights provided by this Section. 38 <br /> 39 <br />The rights exercised under the provisions of this section shall not diminish the 40 <br />Contracting Agency’s right to pursue any other avenue for additional remedy or damages 41 <br />with respect to the Contractor’s failure to perform the work as required. 42 <br /> 43 <br /> 44