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f f � . _ .'Si 6.Is" ��: rl£"+'» +�4'"{4t' } �."nv h S"ei $•,k �'y h ` '+ in the Contract Price , reflecting the diminished value of Work so accepted . If the parties are unable to agree D .as to the amount thereof, OWNER may make a Claim extension CONTRACTOR on ractalTimes (or Ml not be il stone n therefor as provided in paragraph 10 . 05 . If the because s ) 44 acceptance occurs after such recommendation , an of any delay m the performance of the Work appropriate amount will be paid by CONTRACTOR to rights and leremed es under to the this paragraph 3 09 .by OWNER of NER's OWNER . k i( 13 . 09 OWNER May Correct Defective Work ARTICLE 14 It PAYMENTS TO CONTRACTOR AND A. If CONTRACTOR fails within a reasonable COMPLETION time after written notice from ENGINEER to correct i� defective Work or to remove and replace rejected 14 . 01 Schedule of Values € Work as required by ENGINEER in accordance with paragraph 13 . 06 .A, or if CONTRACTOR fails to A. The schedule of f ° perform the Work in accordance with the Contract ed in paragraph 2 . 07A will values serve as the baished as ps for i' Documents , or if CONTRACTOR fails to comply with an other P Y progress payments and will be incorporated into a Y provision of the Contract Documents , form of Application for Payment acceptable to ENGI - OWNER may, after seven days written notice to NEER . Progress payments on account of Unit Price CONTRACTOR, correct and remedy any such deficiency. Work will be based on the number of units completed . B . In exercising the rights and remedies under 14 . 02 Progress Payments this paragraph , OWNER shall proceed expeditiously. A. Applications for Payments In connection with such corrective and remedial action , OWNER may exclude CONTRACTOR from all I or part of the Site , take possession of all or part of the 1 � At least 20 days before the date Work and suspend CONTRACTOR's services related established for each progress payment (but not more often than once a month ) , thereto , take possession of CONTRACTOR's tools , appliances , construction equipment and machinery at CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and the Site , and incorporate in the Work all materials and signed by CONTRACTOR coverin the Work F equipment stored at the Site or for which OWNER has g paid CONTRACTOR but which are stored elsewhere . completed as of the date of the Application and accompanied by such supporting CONTRACTOR shall allow OWNER , OWNERS representatives , agents and employees , WN OER 's documentation as is required by the Contract r other contractors , and ENGINEER and ENWNER's Documents . If payment is requested on the basis of materials and equipment not Consultants access to the Site to enable OWNER to incorporated in the Work but delivered and exercise the rights and remedies under this paragraph . suitably stored at the Site or at another location agreed to in writing , the Application for Payment It CClaims , costsshall also be accompanied by a bill of sale , . All , losses , and damages invoice , or other documentation warranting that ( including but not limited to all fees and charges of OWNER has received the materials and equip- engineers , architects , attorneys , and other professionals and all court or arbitration or other ment free and clear of all Liens and evidence that the materials and equipment are covered dispute resolution costs ) incurred or sustained b by appropriate property insurance or other OWNER in exercising the rights and remedies under arrangements to protect OWNER's interest this paragraph 13 . 09 will be charged against CON - therein , all of which must be satisfactory to TRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract OWNER . Documents with respect to the Work ; and OWNER shall be entitled to an appropriate decrease in the 2 , Beginning with the second Contract Price . If the parties are unable to agree as to APPlication for Payment , each Application shall g include an affidavit of CONTRACTOR stating the amount of the adjustment , OWNER may make a that allrevious Claim therefor as provided in paragraph 10 . 05 . Such P progress payments received claims , costs , losses and damages will include but not on account of the Work have been applied on account to discharge CONTRACTOR's be limited to all costs of repair, or replacement of work legitimate obligations associated with prior of others destroyed or damaged by correction , Applications for Payment. removal , or replacement of CONTRACTOR 's defective Work . - 37 00700 - General Conditions REV 04-07 .doc F:\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16tth7SOt(\Adm m\bid documents\00700 - General Conditions REV 04-07 . doc t u7�71'I7, 1 `777777777`1 It IV I I