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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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Template:
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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ENGINEER's opinion to protect OWNER from <br />loss because: <br />a. the Work is defective, or completed <br />Work has been damaged, requiring <br />correction or replacement; <br />b. the Contract Price has been reduced <br />by Written Amendment or Change Orders; <br />c. OWNER has been required to <br />correct defective Work or complete Work in <br />accordance with paragraph 13.09; or <br />C. Payment Becomes Due <br />D. Reduction in Payment <br />1. OWNER may refuse to make <br />payment of the full amount recommended by <br />ENGINEER because: <br />a. claims have been made against <br />OWNER on account of CONTRACTOR's <br />performance or furnishing of the Work; <br />b. Liens have been filed in connection <br />with the Work, except where <br />CONTRACTOR has delivered a specific <br />Bond satisfactory to OWNER to secure the <br />satisfaction and discharge of such Liens; <br />c. there are other items entitling OWN- <br />ER to a set-off against the amount <br />recommended; or <br />d. OWNER has actual knowledge of the <br />occurrence of any of the events <br />enumerated in paragraphs 14.02.B.5.a <br />through 14.02.B.5.c or paragraph 15.02.A. <br />2. If OWNER refuses to make payment <br />of the full amount recommended by <br />ENGINEER, OWNER must give <br />CONTRACTOR immediate written notice (with <br />a copy to ENGINEER) stating the reasons for <br />such action and promptly pay CONTRACTOR <br />any amount remaining after deduction of the <br />amount so withheld. OWNER shall promptly <br />pay CONTRACTOR the amount so withheld, <br />or any adjustment thereto agreed to by <br />OWNER and CONTRACTOR, when <br />CONTRACTOR corrects to OWNER's <br />satisfaction the reasons for such action. <br />3. If it is subsequently determined that <br />OWNER's refusal of payment was not justified, <br />the amount wrongfully withheld shall be treated <br />as an amount due as determined by paragraph <br />14.02.C.1. <br />14.03 CONTRA CTOR's Warranty of Title <br />A. CONTRACTOR warrants and guarantees <br />that title to all Work, materials, and equipment cov- <br />ered by any Application for Payment, whether incor- <br />porated in the Project or not, will pass to OWNER no <br />later than the time of payment free and clear of all <br />Liens. <br />14.04 Substantial Completion <br />A. When CONTRACTOR considers the entire <br />Work ready for its intended use CONTRACTOR shall <br />notify OWNER and ENGINEER. in writing that the <br />entire Work is substantially complete (except for items <br />specifically listed by CONTRACTOR as incomplete) <br />and request that ENGINEER issue a certificate of <br />Substantial Completion. Promptly thereafter, <br />OWNER, CONTRACTOR, and ENGINEER shall <br />make an inspection of the Work to determine the <br />status of completion. If ENGINEER does not <br />consider the Work substantially complete, <br />ENGINEER will notify CONTRACTOR in writing <br />giving the reasons therefore. If ENGINEER ^^r^•d <br />thepFe—Werl<<—FubstantiaAsemPlete, �nlr,lnl��o II <br />rGeFtifiGate <br />----..Rt*al GempletiGR WhiGh shall fix the date of <br />Substantial Cempletien There spall be attaGhed to <br />3ted befere final —Payment OWNER sha4 <br />have seveR day ^ft + f the + + + ,+•f <br />^ e� r <br />Y r <br />€nlr_InIGGo rIJes that the VV49* + h + <br />tially-eemplete ENGINEER will with;. 14 d,...s a _ <br />6YbMi66len of the tentative ate to ^`n'"' R <br />+"erefer If, after sensideratien of QVVNERrs <br />;s ENGINEER GGRs•aer-s the WnieFk . <br />a44- <br />tially-eernPlete ENGINEER ..•II •+h•n said 14 days <br />00700 - General Conditions REV 5-10-13 <br />00700-40 <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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