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ENGINEER as to reasonableness) and the diminished <br />value of the Work to the extent not otherwise paid by <br />CONTRACTOR pursuant to this sentence. If any <br />such acceptance occurs prior to ENGINEER's recom- <br />mendation of final payment, a Change Order will be <br />issued incorporating the necessary revisions in the <br />Contract Documents with respect to the Work, and <br />OWNER shall be entitled to an appropriate decrease <br />in the Contract Price, reflecting the diminished value of <br />Work so accepted. If the parties are unable to agree <br />as to the amount thereof, OWNER may make a Claim <br />therefor as provided in paragraph 10.05. If the <br />acceptance occurs after such recommendation, an <br />appropriate amount will be paid by CONTRACTOR to <br />OWNER. <br />13.09 OWNER May Correct Defective Work <br />A. If CONTRACTOR fails within a reasonable <br />time after written notice from ENGINEER to correct <br />defective Work or to remove and replace rejected <br />Work as required by ENGINEER in accordance with <br />paragraph 13.06.A, or if CONTRACTOR fails to <br />perform the Work in accordance with the Contract <br />Documents, or if CONTRACTOR fails to comply with <br />any other provision of the Contract Documents, <br />OWNER may, after seven days written notice to <br />CONTRACTOR, correct and remedy any such <br />deficiency. <br />B. In exercising the rights and remedies under <br />this paragraph, OWNER shall proceed expeditiously. <br />In connection with such corrective and remedial <br />action, OWNER may exclude CONTRACTOR from all <br />or part of the Site, take possession of all or part of the <br />Work and suspend CONTRACTOR's services related <br />thereto, take possession of CONTRACTOR's tools, <br />appliances, construction equipment and machinery at <br />the Site, and incorporate in the Work all materials and <br />equipment stored at the Site or for which OWNER has <br />paid CONTRACTOR but which are stored elsewhere. <br />CONTRACTOR shall allow OWNER, OWNER's <br />representatives, agents and employees, OWNER's <br />other contractors, and ENGINEER and ENGINEER's <br />Consultants access to the Site to enable OWNER to <br />exercise the rights and remedies under this <br />paragraph. <br />C. All Claims, costs, losses, and damages <br />(including but not limited to all fees and charges of <br />engineers, architects, attorneys, and other <br />professionals and all court or arbitration or other <br />dispute resolution costs) incurred or sustained by <br />OWNER in exercising the rights and remedies under <br />this paragraph 13.09 will be charged against CON- <br />TRACTOR, and a Change Order will be issued <br />incorporating the necessary revisions in the Contract <br />Documents with respect to the Work; and OWNER <br />shall be entitled to an appropriate decrease in the <br />Contract Price. If the parties are unable to agree as to <br />the amount of the adjustment, OWNER may make a <br />Claim therefor as provided in paragraph 10.05. Such <br />claims, costs, losses and damages will include but not <br />be limited to all costs of repair, or replacement of work <br />of others destroyed or damaged by correction, <br />removal, or replacement of CONTRACTOR's <br />defective Work. <br />D. CONTRACTOR shall not be allowed an <br />extension of the Contract Times (or Milestones) <br />because of any delay in the performance of the Work <br />attributable to the exercise by OWNER of OWNER's <br />rights and remedies under this paragraph 13.09. <br />ARTICLE 14 - PAYMENTS TO CONTRACTOR AND <br />COMPLETION <br />14.01 Schedule of Values <br />A. The schedule of values established as provid- <br />ed in paragraph 2.07.A will serve as the basis for <br />progress payments and will be incorporated into a <br />form of Application for Payment acceptable to ENGI- <br />NEER. Progress payments on account of Unit Price <br />Work will be based on the number of units completed. <br />14.02 Progress Payments <br />A. Applications for Payments <br />1. At least 20 days before the date <br />established for each progress payment (but not <br />more often than once a month), <br />CONTRACTOR shall submit to ENGINEER for <br />review an Application for Payment filled out and <br />signed by CONTRACTOR covering the Work <br />completed as of the date of the Application and <br />accompanied by such supporting <br />documentation as is required by the Contract <br />Documents. If payment is requested on the <br />basis of materials and equipment not <br />incorporated in the Work but delivered and <br />suitably stored at the Site or at another location <br />agreed to in writing, the Application for Payment <br />shall also be accompanied by a bill of sale, <br />invoice, or other documentation warranting that <br />OWNER has received the materials and equip- <br />ment free and clear of all Liens and evidence <br />that the materials and equipment are covered <br />by appropriate property insurance or other <br />arrangements to protect OWNER's interest <br />00700 - General Conditions REV 5-10-13 <br />00700 - 38 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS\1317-85th St Milling_91 st Ave to 101st Ave \Admin\bid documents\Master Contract Documents\00700 - General Conditions REV 5- <br />10-13.doc <br />