FLOOD01287

• County: Arapahoe
• Community: Littleton
• Title: 10,000 Trees - Phase Three South Platte Park, Littleton, Colorado
• Date: 10/4/1991
• Prepared For: Littleton
• Prepared By: DHM, Inc.
• Floodplain - Doc Type: Educational/Technical/Reference Information

13.09 OWNER MAY CORRECT DEFECTIVE WORK

A. If Contractor fails within a reasonable time after written notice of
Architect to proceed to correct and to correct defective Work or to
remove and replace rejected Work as required by Architect in accord-
ance with paragraph 13.06.A, or if Contractor fails to perform the
Work in accordance with the Contract Documents (including any requirl~-
ments of the progress schedule), Owner may, after seven days r wri ttel1
notice to Contractor, correct and remedy any such deficiency. In
exercising his rights under this paragraph, Owner shall proceed ex-
peditiously. To the extent necessary to complete 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 Con-
tractor'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 th.!
si te or for which Owner has paid Contractor but which are stored els,~-
where. Contractor shall allow Owner, Owner's representatives. agent:;,
and employees such access to the site as may be necessary to enable
Owner to exercise his rights under this paragraph. All direct and
indirect costs of Owner in exercising such rights shall be charged
against Contractor in an amount verified by Architect, and a Change
Order shall be issued incorporating the necessary revisions in the
Contract Documents and a reduction in the Agreement Price. Such
direct and indirect costs shall include, in particular but without
limi tation. compensation for additional professional services requir.!d
and all costs of repair and replacement of Work of others destroyed
or damages by correction, removal or replacement of Contractor's
defecti ve Work. Contractor shall not be allowed an extension of Tim.!
because of any delay in performance of the Work attributable to the
exercise by Owner of Owner's rights hereunder.

PART 14 PAYMENTS TO CONTRACTORS AND COIIPLETION

14.01 SCHEDULES

A. Prior to submitting the first Application for a progress payment,
Contractor shall have obtained approval of the progress schedule, thE!
schedule of Shop Drawing submission and the schedule of values of thE!
Work. These schedules shall be satisfactory in form and substances
to Architect. The schedule of values shall include quantities and
unit prices aggregating the Agreement Price, and shall subdivide
the Work into component parts in sufficient detail to serve as the
basis for progress payments during construction. Upon acceptance of
the schedule of values by Architect, it shall be incorporated into a
form of Application for Partial Payment acceptable to Architect.

14.02 APPLICATION FOR PROGRESS PAYMENTS

A. At least ten days before each progress payment falls due (but not mor'e
often than once a month), Contractor shall submit to Architect for
review an Application for Partial Payment completed and signed by
Contractor covering the Work completed as of the date of the Applica--
tion and accompanied by such supporting documentation as is required
by the Contract Documents and also as Architect may reasonably requir'e.

-26-

I
I
I
I
I
I
I
I

I
I
I
I

I
I
I
I
I

I
I