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13 05 OUNF.R Aifay Stop the Work
<br />A- If the Watt Ls defective, or CONTRACTOR fails to supply eufficienl
<br />skilled -ookers; or suitable materials or equipment, or fails to perform the Work
<br />in such a way shat the oompleied Work will conhorm to The Contract Documents.
<br />OWNER may order CONTRAC TOR to stop the Work, or any portion thereof,
<br />until the cause for such order has been eliminated; however, this right of
<br />OWNER to stop the Work OW noL gnt nse to any duty an the part of 0 %k'Nl--.R
<br />to exertse this right for the benefit of CONTRACTOR, any Subcontractor, any
<br />Supplier, any ether individual or entity, or any surety, for, or employee or agent
<br />ofany ofthem.
<br />1306 Correction or Removal a(Defective Work
<br />A. CONTRACTOR shall correct all defective Work, whether or not
<br />fabricated, installed. or cornpleltd or, if the Work has been rejected by EN01-
<br />NEEP, remove it from the Project and replaced withWorkthat is not defective
<br />CONTRACTORshall pay ah Claims, costs, losses, and damages (including but
<br />not limited to all fes and charges of enguicers, architects, attorneys, and other
<br />allcourtorarImbaitur) or other dispute resolution costs) arising
<br />out oforritimiAglo such correction or rtmovial (includinglitit not limited to all
<br />costs orrepair or replacement ofwork of others)
<br />1307 Correction Period
<br />A. If within one year after the date of Substantial Completion or such
<br />longer period of time as may be pr=ribed b) Laws or Regulations or by the
<br />terms of any applicalik, special guarantee reqtltrcd bythe Contract Documents
<br />orbyanyspeci.ficproviuon oftbe Contract Documents. any Work is found to be
<br />defective, or ifthe repair of any damages to the land or areas made available for
<br />CONTRACTOR's use by OWNER or permitted by Laws and Regulation.,: as
<br />contemplated in paragraph 6 It A is found to be defective, CONTRACTOR
<br />shall promptly, without cost to OWNER and in accordance with OWNER's
<br />written instrucUons: (t) repair such defective land or areas, or (u) correct such
<br />&kdive Warkor, ifthc defecl ive Work has been rejected by OWNER, remove
<br />it from the Project and replace it with Work that is not defective, and (iii)
<br />satisfactorily corrent or repair or remove and replace any damage to other Work,
<br />to the work of others or other land or areas resulting therefrom IfCON TRAC-
<br />TOR does not promptly comply with the terms of such itistrucCions, or in an
<br />emergency where deliy would cause serious risk of loss or damage, OWNER
<br />may have the derective Work corrected or repaired or may have the rejected
<br />Work rernovetl and replaced, and all Claimt, cogs. losses. and damages
<br />(including but not limited to all fees and charges of engineers, architects,
<br />attorneys, and other professiorials and all cote. or at bitration or other dispute
<br />resolution costs) arising out of or relating to such correction or repair or such
<br />removal and replacement (inoludmg but not limited to all costs of repair or
<br />replacement ofwork of'others) will be paid by CONTRACTOR,
<br />B In special where a particular diam ol"eqisipment is placed
<br />in continuous service before Substantial Completion of all the Work, the
<br />correction period for that item may start to run from an earlier date if so provided
<br />in the Specifications or by Written Amendment.
<br />C, Where detective Work (and damage to other Work resulting
<br />therefrom) has been corrected or removed and replaced under this paragraph
<br />13.07, the caredion period hereunder with respect to such Work will he
<br />extended for an additional period of one year after such correction or removal
<br />and replacement has been saUsfiezilicitily completed.
<br />D. CONrRACrOR's obligations under this paragraph 13.07 are in
<br />addition to any other obligation or warranty. The provisions of this paragraph
<br />13.07 shall not be construed as a substitute for or a waiver of the provisions of
<br />any app6cable statute of cation or repose
<br />A. If, instead of requiring correction or removal and replacement of
<br />defective WOWNER (and, prior to ENGINEER's racummendation offmal
<br />payment, ENGINEER) prefers to accept it OWNER my do so
<br />CONTR4,CTOR shall pay all Claims. costs, losses, and damages (including but
<br />not limited to all fees and charges of engineers, architects, attorneys, uW other
<br />professionals and all court or arbitration or other dispute resolution Costs)
<br />attributable to OWNER's evaluation of and determination to accept such
<br />dedbative Work (such costs to be approved by ENGINEER as to reasonableness)
<br />and the diminished value of the Work to the extent not otherwise paid by
<br />COKrMCTORpursu&nLto this sentence. If any such acceptance occurs prior
<br />to ENGINEER's recommendation offinal payment, a Change Order will be
<br />issued incorporating the necessary revisions in the Contract Documents with
<br />rasped to the work, anif OWNER shall be entitled to an appropriate decrease in
<br />the Contract Price, reflecting the dimar'shed value ofWark so accepted if the
<br />paries are unaille to agree as to the amount thereof, OWNER may make a Clauti
<br />therefor as provided m paragraph 10.05. If the acceptance occurs after such
<br />FLconuriendation, an approvisaic amount will be paid by CONTRACTOR to
<br />OWNER
<br />1309 OffKER Afay Correct Defective work
<br />A. LfCONTRACTOP fails within a reasonable time after vinitten notice
<br />from ENGINEER to correct defective Work or to remove and replace rejeclad
<br />Work as required by ENGINEER in accordance with paragraph 13 66 A, or if
<br />CONTRACT OR fails to perform the Work in accordance with the Contract
<br />Document% or & CONT RACTOR faits to comply with any other provision of
<br />the Contract Documents, OWNER may, after seven days written notice to
<br />CONTRACTOR, correct and remedy any such deficiency
<br />B. In exercising the rights and remedies under this paragraph, OWNER
<br />shall proceed mpeditiously In connection %with such GOTTeOlVe and remedial
<br />actio; OWNER mayexclude CONTRACTOR from all or pro ofthe Site. Lake
<br />possession of all or put of the Work and suspend CON FR AC"!CSR's services
<br />related thereto, Ink@ possession of CONTRACTOR's fools, appliances:, can-
<br />anudion equipment and machinery at the Site, and incorporate in the Work all
<br />materials and equipment stored at the Site or for which OWNER has paid
<br />CONTRACTOR,bul which are stored elsewhere. CONTRACTOR shall allow
<br />OWNER, OWNER's representatives, agents and employees, OWNER's other
<br />contractors, and ENUNEFETC and ENGINEER's Consultants access to the Site
<br />to enable 0 WN ER to exercise the nghts, and remedies under this p
<br />C All Claire; costs, lossm and damages (-eluding but not limited to all
<br />fees and charges of engineers, architects, attorneys, and other professionals and
<br />all court or arbitration or other dispute resolution costs) incurred orsustained by
<br />OWNER in exercising the rights and remedies under this paragraph 13.09 will
<br />be charged against CONTR1tC1 OR, and a Change Order will be issued incorpo-
<br />rating then revisions in the Can Documents with respect to the
<br />Work; and OWNER shall be entitled to an appropriate decrease in Oat Contract
<br />Price. If the parties are unable to agree as to Uic amount of the adjustment,
<br />OWNER may make a Claim therefor as provided in paragraph 10.05 Such
<br />claims, costs, losses and damages will include but not be limited to all costs of
<br />repair, or replacemamt of work of others destroyed or damaged by correction.
<br />removal, or replacement ofCON TRACTOR's defective Work
<br />D. CONTRACTOR shall not be allowed an extension of the Con(rau
<br />Times (at Milestones) because of any delay in the performance orthe Work
<br />attributable whe exercise by OWNER of OWNFR's rights and remedies under
<br />Otis paragraph 13-09.
<br />ARnCLE 14 - PAYMENTS TO C014TRACTOR AND COMPLETION
<br />11--1 . ..... . . . ... ... . ........ . . .
<br />14-01 Schedule of Value:
<br />A. The schedule of valuta established as provided in paragraph 2.07,A
<br />will seirve as the basis for piWess payments and will be incorporated into a form
<br />ol'Appliciaitin for Payment acceptable to ENGINEER- Progress payments on
<br />&=unt orUnit. Price Work will be based on th e number afunits compigirA
<br />14.02 Progress Payments
<br />A. Applications for Payments
<br />I At least 20 days before the date established for each progress
<br />payment (but not more oftm than once a month), CONTRACTOR shall
<br />stAimit to ENG INEERfor review an Application for Payment filled out and
<br />siiby CONTRACTOR covering the Work completed as of the date of
<br />the Application and accompanied by such supporting documentation as is
<br />requfired by the; Contract Documents. Zpayment is requested on the is
<br />ofmiterials; and equipment not incorporated in the Work but delivered and
<br />suitably stored at the Site or at another location agreed to in writing, the
<br />Application for Payment shall also be acro ed by a bill of sale, invoice,
<br />or adw documentation. warranting that OWNER has received the maLedals
<br />and aWipment five and clear of all I -icrs and evidence that the materials and
<br />equipment are covered by appropriate property insurance or other arrange-
<br />incide to protect OWNER's interest therein, all ofwhich must be satisfactory
<br />to OWNERL
<br />2. Beginning with the second Application for Pa t, each
<br />Applications include in affidavit of CONTRACTOR stating that all
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