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1 <br /> 2 <br /> 3 1-05.GR1 <br /> 4 Control of Work <br /> 5 <br /> 6 1-05.7.RTF <br /> 7 1-05.7 Removal of Defective and Unauthorized Work <br /> 8 (October 1, 2005 APWA GSP) <br /> 9 <br /> 10 Supplement this section with the following: <br /> 11 <br /> 12 If the Contractor fails to remedy defective or unauthorized work within the time <br /> 13 specified in a written notice from the Engineer, or fails to perform any part of the <br /> 14 work required by the Contract Documents, the Engineer may correct and <br /> 15 remedy such work as may be identified in the written notice, with Contracting <br /> 16 Agency forces or by such other means as the Contracting Agency may deem <br /> 17 necessary. <br /> 18 <br /> 19 If the Contractor fails to comply with a written order to remedy what the Engineer <br /> 20 determines to be an emergency situation, the Engineer may have the defective <br /> 21 and unauthorized work corrected immediately, have the rejected work removed <br /> 22 and replaced, or have work the Contractor refuses to perform completed by <br /> 23 using Contracting Agency or other forces. An emergency situation is any <br /> 24 situation when, in the opinion of the Engineer, a delay in its remedy could be <br /> 25 potentially unsafe, or might cause serious risk of loss or damage to the public. <br /> 26 <br /> 27 Direct or indirect costs incurred by the Contracting Agency attributable to <br /> 28 correcting and remedying defective or unauthorized work, or work the Contractor <br /> 29 failed or refused to perform, shall be paid by the Contractor. Payment will be <br /> 30 deducted by the Engineer from monies due, or to become due, the Contractor. <br /> 31 Such direct and indirect costs shall include in particular, but without limitation, <br /> 32 compensation for additional professional services required, and costs for repair <br /> 33 and replacement of work of others destroyed or damaged by correction, <br /> 34 removal, or replacement of the Contractor's unauthorized work. <br /> 35 <br /> 36 No adjustment in contract time or compensation will be allowed because of the <br /> 37 delay in the performance of the work attributable to the exercise of the <br /> 38 Contracting Agency's rights provided by this Section. <br /> 39 <br /> 40 The rights exercised under the provisions of this section shall not diminish the <br /> 41 Contracting Agency's right to pursue any other avenue for additional remedy or <br /> 42 damages with respect to the Contractor's failure to perform the work as required. <br /> 43 <br /> 44 <br /> HOT MIX ASPHALT OVERLAY 2017 MARCH 2017 <br /> 12 <br />