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attributable to the exercise by OWNER of OWNER's B . Review of Applications rights and remedies under this paragraph 13. 09. 1 . ENGINEER will , within 10 days after receipt of each Application for Payment, either ARTICLE 14 - PAYMENTS TO CONTRACTOR AND indicate in writing a recommendation of COMPLETION payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing 14. 01 Schedule of Values ENGINEER's reasons for refusing to recommend payment. In the latter case, CON- A. The schedule of values established as provid- TRACTOR may make the necessary ed in paragraph 2 . 07.A will serve as the basis for corrections and resubmit the Application . progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI- 2 . ENGINEER's recommendation of NEER. Progress payments on account of Unit Price any payment requested in an Application for Work will be based on the number of units completed . Payment will constitute a representation by ENGINEER to OWNER, based on 14 . 02 Progress Payments ENGINEER's observations on the Site of the executed Worts as an experienced and qualified A. Applications for Payments design professional and on ENGINEER's review of the Application for Payment and the 1 . At least. 20 days before the date accompanying data and . schedules, that to the established for each progress payment (but not best of ENGINEER's knowledge, information more often than once a month ), and belief: CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and a. the Work has progressed to the point signed by CONTRACTOR covering the Work indicated ; completed as of the date of the Application and accompanied by such supporting b. the quality of the Work is generally in documentation as is required by the Contract accordance with the Contract Documents Documents. If payment is requested on the (subject to an evaluation of the Work as a basis of materials and equipment not functioning whole prior to or upon incorporated in the Work but delivered and Substantial Completion , to the results of any suitably stored at the Site or at another location subsequent tests called for in the Contract agreed to in writing , the Application for Payment Documents, to a final determination of shall also be accompanied by a bill of sale, quantities and classifications for Unit Price invoice, or other documentation warranting that Work under paragraph 9. 08, and to any OWNER has received the materials and equip- other qualifications stated in the ment free and clear of all Liens and evidence recommendation); and that the materials and equipment are covered by appropriate property insurance or other c. The conditions precedent to arrangements , to protect OWNER's interest CONTRACTOR's being entitled to such therein , all of which must be satisfactory to payment appear to have been fulfilled in so OWNER. far as it is ENGINEER's responsibility to observe the Work. 2. Beginning with the second Application for Payment, each Application shall 3. By recommending any such include an affidavit of CONTRACTOR stating payment ENGINEER will not thereby be that all previous progress payments received deemed to have represented that: (i) inspec- on account of the Work have been applied on tions made to check the quality or the quantity account to discharge CONTRACTOR's of the Work as it has been performed have legitimate obligations associated with prior been exhaustive, extended to every aspect of Applications for Payment. the Work in progress, or involved detailed inspections of the Work beyond the responsi- 3 . The amount of retainage with respect bilities specifically assigned to ENGINEER in to progress payments will be as stipulated in the Contract Documents; or (ii) that there may the Agreement. not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 00700 - General Conditions REV 04-07.doc 00700 - 37 F:%Public WorkMENGINEERING DIVISION PROJECTS\0545.66Th Ave SR60 to 57th St (Arcadls)%Admim\Bid Documents100700 - General Conditions REV 04m07.doc