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2020-042B
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2020-042B
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Last modified
3/1/2021 10:56:41 AM
Creation date
4/21/2020 2:52:38 PM
Metadata
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Official Documents
Official Document Type
Contract
Approved Date
03/10/2020
Control Number
2020-042B
Agenda Item Number
8.G.
Entity Name
Florida Department of Transportation
FDOT
Subject
43rd Avenue Sidewalk from Airport Drive West to 41st Street
Contract Documents and Specifications
Project Number
IRC-1503
Bid Number
2020016
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satisfactory replacement or reconstruction (including <br />but not limited to all costs of repair or replacement of <br />work of 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 <br />to 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 />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 <br />ENGINEER, remove it from the Project and replace it <br />with Work that is not defective. CONTRACTOR shall <br />pay all Claims, costs, losses, and damages (including <br />but 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 />atieRS <br />OWNER Or_ <br />" I ,r o I <br />GGIRtemplated in �aFagraph 6.11.A is found te be <br />(')FepaiF defeGtive land -vr-carc-cs,r <br />(ii) GOrrest SUGh defective WeFk er, if the f <br />the PF(► est and replace it with `^"ice t that 06 RGt <br />t;eFe4em-. If CONTRACTOR does not promptly <br />comply 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 <br />relating to such correction or repair or such removal <br />and replacement (including but not limited to all costs <br />of repair or replacement of work of others) will be paid <br />by CONTRACTOR. <br />B. <br />item of equipmeRt 66l a + <br />earlieF date if sG PFE)Vided OR the 9peGifiGati9R6 OF by <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 re- <br />placement has been satisfactorily completed. <br />D. CONTRACTOR's obligations under this <br />paragraph 13.07 are in addition to any other <br />obligation or warranty. The provisions of this <br />paragraph 13.07 shall not be construed as a <br />substitute for or a waiver of the provisions of any <br />applicable statute of limitation or repose. <br />13.08 Acceptance of Defective Work <br />A. If, instead of requiring correction or removal <br />and replacement of defective Work, OWNER (and, <br />prior to ENGINEER's recommendation of final pay- <br />ment, ENGINEER) prefers to accept it, OWNER may <br />do so. CONTRACTOR shall pay all Claims, costs, <br />losses, and damages (including but not limited to all <br />00700 - General Conditions REV 5-10-13 <br />00700-37 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1503-43rd Ave Swk_Airport Dr to 41st St\1-Admin\Bids\Bid Documents\IRC 1503- BID_ CONTRACT_ Add Date\00700 - General <br />Conditions REV 5-10-13.doc — — <br />
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