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2017-159A
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2017-159A
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Last modified
9/2/2020 2:21:01 PM
Creation date
11/20/2017 2:35:03 PM
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Official Documents
Official Document Type
Contract
Approved Date
10/17/2017
Control Number
2017-159A
Agenda Item Number
8.H.
Entity Name
Public Works Engineering Division
Subject
Intersection and signalization improvements
Area
27th Avenue at 21st Street SW
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Claims, costs, losses, and damages (including but not <br />limited to all fees and charges of engineers, architects, <br />attorneys, and other professionals and all court or <br />arbitration or other dispute resolution costs) arising out <br />of or relating to such uncovering, exposure, observa- <br />tion, inspection, and. testing, and of satisfactory <br />replacement or reconstruction (including but not <br />limited to all costs of repair or replacement of work of <br />others); and OWNER shall be entitled to an <br />appropriate decrease in the Contract Price. If the <br />parties are unable to agree as to the amount thereof, <br />OWNER may make a Claim therefor as provided in <br />paragraph 10.05. If, however, such Work is not found <br />to be defective, CONTRACTOR shall be allowed an <br />increase in the Contract Price or an extension of the <br />Contract Times (or Milestones), or both, directly <br />attributable to such uncovering, exposure, <br />observation, inspection, testing, replacement, and <br />reconstruction. If the parties are unable to agree as to <br />the amount or extent thereof, CONTRACTOR may <br />make a Claim therefor as provided in paragraph <br />10.05. <br />13.05 OWNER May Stop the Work <br />ME W—RAMR. 11121%.. E,NO <br />. .� <br />W. .. - .. <br />a g -F A I I -.- <br />Mm -01- e' <br />.. _ee <br />.. �. .� <br />13.06 Correction or Removal of Defective Work <br />A. CONTRACTOR shall correct all defective <br />Work, whether or not fabricated, installed, or <br />completed, or, if the Work has been rejected by ENGI- <br />NEER, remove it from the Project and replace it with <br />Work that is not defective. CONTRACTOR shall pay <br />all Claims, costs, losses, and damages (including but <br />not limited to all fees and charges of engineers, <br />architects, attorneys, and other professionals and all <br />court or arbitration or. other dispute. resolution costs) <br />arising out of or relating to such correction or removal <br />(including but not limited to all costs of repair or <br />replacement of work of others). <br />13.07 Correction Period <br />A. <br />49m. If CONTRACTOR does not promptly comply <br />with the terms of such instructions, or in an <br />emergency where delay would cause serious risk of <br />loss or damage, OWNER may have the defective <br />Work corrected or repaired or may have the rejected <br />Work removed and replaced, and all Claims, costs; <br />losses, and damages (including but not limited to all <br />fees and charges of engineers, architects, attorneys, <br />and other professionals and all court or arbitration or <br />other dispute resolution costs) arising out of or relating <br />to such correction or repair or such removal and <br />replacement (including but not limited to all costs of <br />repair or replacement of work of others) will be paid by <br />CONTRACTOR. <br />B. <br />11 {11r� CI1 + r 1 I �I@ti t * - e <br />if so pFevided 'R the SpeGifiGatiGRG GF b <br />1A/rittep OFneRdmeRt <br />C. Where defective Work (and damage to other <br />Work resulting therefrom) has been corrected or <br />removed and replaced under this paragraph 13.07, <br />the correction period hereunder with respect to such <br />Work will be extended for an additional period of one <br />year after such correction or removal and replacement <br />has been satisfactorily completed. <br />D. CONTRACTOR's obligations under this <br />paragraph 13.07 are in addition to any other obligation <br />or warranty. The provisions of this paragraph 13.07 <br />shall not be construed as a substitute for or a waiver <br />of the provisions of any applicable statute of limitation <br />or repose. <br />00700 - General Conditions REV 5-10-13 <br />00700-37 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1643 27th Avenue at 21st Street SW Intersection_Signalization Improvements\1-Admin\Bid Documents\Master Contract <br />Documents\00700 - General Conditions REV 5-10-13.doc <br />
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