105 – CONTROL OF WORK 100 - 40 (repair, restore, remove, or remove and replace) for th e unauthorized work and then implement the remedy the Engineer chooses at the Contractor’s expense. The Engineer, not the Contr actor, decides whether the Contractor shall repair, restore, remove, or rem ove and replace the unauthorized work.
written notice of the remedy KDOT has selected (repai r, restore, remove, or remove and replace); and A date for beginning and a date for completing this remedial work.
Bureau Chief of Construction and Materials who will inform the Secretary. The Secretar y will notify the Contractor and Surety that the Contractor has failed to begin or prosecute the work timely and:
specified time; and (c) if the Contractor fails to cure: remove the Contractor from the Project and exercise the Secretary’s remedies for breach under subsection 108.9 ; or hire a third party or use KDOT’s maintenance forces to perform the remedial work rather than removing the Contractor from the Project.
removing the Contractor from the Project, the Field En gineer will deduct from future progress payment(s) the estimated costs of the remedial work. After determining th e final costs for this work, the Field Engineer will adjust the next progress payment to reflect the actual remedial work costs. If contract funds are insufficient, the Engineer will bill the Contractor for the excess remedial costs. If the Contractor fails to pay these costs within 7 business days after billing, KDOT may notify the Su rety of this default and seek payment from the Surety for remedial work costs not recovered from the Contractor without declari ng the Contractor in breach of the entire contract under subsection 108.9 .
the Engineer required one remedy rather than another; the Engineer/Inspector knew or should have known the Contractor was performing unacceptable work or unauthorized work; the Engineer/Inspector overlooked or failed to di scover the unacceptable work or unauthorized work until final inspection; or the Secretary failed to provide adequate cure time under subsection 105.5f.(2) , it being understood that the amount of cure time specified depends on the nature of the remedial work and public’s best interests.
105.6COORDINATING CONTRACT DOCUMENTS
provisions, and all other Contract Documents are essential parts of the contract. A requirement occurring in one document is as binding as though occurring in all documents. The Contract Documents describe and provide for a complete Project. Keep a copy of the Contract Documents on the Project site.
order of precedence is: Dimensions Information
Provisions 3. Scaled 3. Special Provisions