13.09 OWNER May Correct Defective Work
A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to
remove and replace rejected 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 Documents, or if CONTRACTOR fails to
comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to
CONTRACTOR, correct and remedy any such deficiency.
B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with
such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession
of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's
tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and
equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors,
and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and
remedies under this paragraph.
C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by
OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CONTRACTOR, and
a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the
Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree
as to the amount of the adjustment, OWNER may make a Claim therefore as provided in paragraph 10.05. Such
claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others
destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work.
D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the
performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this
paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
A. The schedule of values established as provided in paragraph 2.01.A will serve as the basis for progress payments
and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of units completed.
14.02 Progress Payment
A. Applications for Payments
1. At least 20 days before the date established for each progress payment (but not more often than once a month),
CONTRACTOR shall submit to OWNER an Application for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application and accompanied by such supporting
documentation as is required by the Contract Documents. If payment is requested on the basis of materials
and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location
agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that OVWWNER has received the materials and equipment free and clear of all Liens
and evidence that the materials and equipment are covered by appropriate property insurance or other
arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. Any request
for partial or final payment shall specifically list the work completed. To facilitate the proper and timely
payment of applications, the OWNER requires that all applications must reference a_ valid
PURCHASE ORDER NUMBER, as submitted to CONTRACTOR under the Notice to Proceed, be in
original format; OWNER will not authorize payments from carbon or Xerox copies, and mailed directly
to the following address:
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