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i ment, ENGINEER) prefers to accept it, OWNER may C. All Claims, costs, losses, and damages do so CONTRACTOR shall pay all Claims, costs, (including but not limited to all fees and charges of losses, and damages (including but not limited to all engineers, architects, attorneys, and other fees and charges of engineers, architects, attorneys, professionals and all court or arbitration or other and other professionals and all court or arbitration or dispute resolution costs) incurred or sustained by other dispute resolution costs) attributable to OWNER in exercising the rights and remedies under OWNER's evaluation of and determination to accept this paragraph 13.09 will be charged against CON- such defective Work (such costs to be approved by TRACTOR, and a Change Order will be issued ENGINEER as to reasonableness)and the diminished incorporating the necessary revisions in the Contract value of the Work to the extent not otherwise paid by Documents with respect to the Work; and OWNER CONTRACTOR pursuant to this sentence. If any shall be entitled to an appropriate decrease in the such acceptance occurs prior to ENGINEER's recom- Contract Price. If the parties are unable to agree as to mendation of final payment, a Change Order will be the amount of the adjustment, OWNER may make a issued incorporating the necessary revisions in the Claim therefor as provided in paragraph 10 05. Such Contract Documents with respect to the Work, and claims, costs, losses and damages will include but not OWNER shall be entitled to an appropriate decrease be limited to all costs of repair, or replacement of work in the Contract Price, reflecting the diminished value of of others destroyed or damaged by correction, Work so accepted. If the parties are unable to agree removal, or replacement of CONTRACTOR's as to the amount thereof, OWNER may make a Claim defective Work. therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an D. CONTRACTOR shall not be allowed an appropriate amount will be paid by CONTRACTOR to extension of the Contract Times (or Milestones) OWNER. because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's 13.09 OWNER May Correct Defective Work rights and remedies under this paragraph 13.09. A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct ARTICLE 14- PAYMENTS TO CONTRACTOR AND defective Work or to remove and replace rejected COMPLETION Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract 14.01 Schedule of Values Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, A. The schedule of values established as provid- OWNER may, after seven days written notice to ed in paragraph 2.07.A will serve as the basis for CONTRACTOR, correct and remedy any such progress payments and will be incorporated into a deficiency. form of Application for Payment acceptable to ENGI- NEER. Progress payments on account of Unit Price B. In exercising the rights and remedies under Work will be based on the number of units completed. this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial 14.02 Progress Payments action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the A. Applications for Payments Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, 1. At least 20 days before the date appliances, construction equipment and machinery at established for each progress payment(but not the Site, and incorporate in the Work all materials and more often than once a month), equipment stored at the Site or for which OWNER has CONTRACTOR shall submit to ENGINEER for paid CONTRACTOR but which are stored elsewhere, review an Application for Payment filled out and CONTRACTOR shall allow OWNER, OWNER's signed by CONTRACTOR covering the Work representatives, agents and employees, OWNER's completed as of the date of the Application and other contractors, and ENGINEER and ENGINEER's accompanied by such supporting Consultants access to the Site to enable OWNER to documentation as is required by the Contract exercise the rights and remedies under this Documents. If payment is requested on the paragraph. basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location 00700-General Conditions REV 5-10-13 00700-38 P\Public Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr West\Admim\bid documentsWaster Contract Documents\00700- General Conditions REV 5-10-13.doc