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2026 Pavement Maintenance Overlay Special Provisions <br />PW# 3860 SP - 13 March 5, 2026 <br />1 notice from the Engineer, or fails to perform any part of the Work required by the <br />2 Contract Documents, the Engineer may correct and remedy such Work as may be <br />3 identified in the written notice. <br />4 <br />5 1-05.7(3) Remediation of Nonconforming Work <br />6 Supplement this section with the following: <br />7 <br />8 The Contractor shall be responsible and bear all costs for remediating Nonconforming <br />9 Work. <br />10 <br />11 If the Contracting Agency remedies Nonconforming Work after the specified time when a <br />12 remedy was to be completed, by any means deemed necessary, direct and indirect costs <br />13 incurred by the Contracting Agency attributable to correcting and remedying <br />14 Nonconforming Work not corrected by the time provided in the notice, or Work the <br />15 Contractor failed or refused to perform, shall be paid by the Contractor. <br />16 <br />17 If the Contractor fails to comply with a written order to remedy what the Engineer <br />18 determines to be an emergency situation, the Engineer may have the Nonconforming <br />19 Work corrected immediately, have the Work removed and replaced, or have Work the <br />20 Contractor refuses to perform completed by using Contracting Agency or other forces. <br />21 An emergency situation is any situation when, in the opinion of the Engineer, a delay in <br />22 its remedy could be potentially unsafe, or might cause risk of loss or damage to the <br />23 public. <br />24 <br />25 When costs are incurred by the Contracting Agency, payment will be deducted by the <br />26 Engineer from monies due, or to become due, to the Contractor. Such direct and indirect <br />27 costs shall include in particular, but without limitation, compensation for additional <br />28 professional services required, and compensation for removal, repair, replacement <br />29 and/or correction of the Contractors Nonconforming Work. <br />30 <br />31 1-05.11.RTF <br />32 1-05.11 Final Inspection <br />33 <br />34 Delete this section and replace it with the following: <br />35 <br />36 1-05.11 Final Inspections and Operational Testing <br />37 (October 1, 2005 APWA GSP) <br />38 <br />39 1-05.11(1) Substantial Completion Date <br />40 <br />41 When the Contractor considers the work to be substantially complete, the Contractor shall <br />42 so notify the Engineer and request the Engineer establish the Substantial Completion <br />43 Date. The Contractors request shall list the specific items of work that remain to be <br />44 completed in order to reach physical completion. The Engineer will schedule an <br />45 inspection of the work with the Contractor to determine the status of completion. The <br />46 Engineer may also establish the Substantial Completion Date unilaterally. <br />47 <br />48 If, after this inspection, the Engineer concurs with the Contractor that the work is <br />49 substantially complete and ready for its intended use, the Engineer, by written notice to <br />50 the Contractor, will set the Substantial Completion Date. If, after this inspection the <br />51 Engineer does not consider the work substantially complete and ready for its intended