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41 <br /> attributable to the exercise by OWNER of OWNER's B . ReviewofApplications <br /> rights and remedies under this paragraph 13 . 09 . <br /> 1 . ENGINEER will , within 10 days after <br /> receipt of each Application for Payment , either <br /> ARTICLE 14 - PAYMENTS TO CONTRACTOR AND indicate in writing a recommendation of <br /> COMPLETION payment and present the Application to <br /> OWNER or return the Application to <br /> CONTRACTOR indicating in writing <br /> 14 . 01 Schedule of Values ENGINEER's reasons for refusing to <br /> recommend payment . In the latter case , CON - <br /> A. The schedule of values established as provid - TRACTOR may make the necessary <br /> ed in paragraph 2 . 07 .A will serve as the basis for corrections and resubmit the Application , <br /> progress payments and will be incorporated into a <br /> form of Application for Payment acceptable to ENGI . 2 . ENGINEER's recommendation of <br /> NEER . Progress payments on account of Unit Price any payment requested in an Application for <br /> Work will be based on the number of units completed . Payment will constitute a representation by <br /> ENGINEER to OWNER, based on <br /> 14 . 02 Progress Payments ENGINEER's observations on the Site of the <br /> executed Work as an experienced and qualified <br /> A. Applications for Payments design professional and on ENGINEER's <br /> review of the Application for Payment and the <br /> 1 . At least 20 days before the date accompanying data and schedules , that to the <br /> established for each progress payment (but not best of ENGINEER's knowledge , information <br /> more often than once a month ) , and belief: <br /> CONTRACTOR shall submit to ENGINEER for <br /> review an Application for Payment filled out and a . the Work has progressed to the point <br /> signed by CONTRACTOR covering the Work indicated ; <br /> completed as of the date of the Application and <br /> accompanied by such supporting b , the quality of the Work is generally in <br /> documentation as is required by the Contract accordance with the Contract Documents <br /> Documents . If payment is requested on the (subject to an evaluation of the Work as <br /> a <br /> basis of materials and equipment not functioning whole prior to or upon <br /> incorporated in the Work but delivered and Substantial Completion , to the results of any <br /> suitably stored at the Site or at another location subsequent tests called for in the Contract <br /> agreed to in writing , the Application for Payment Documents , to a final determination of <br /> shall also be accompanied by a bill of sale , quantities and classifications for Unit <br /> Price <br /> invoice , or other documentation warranting that Work under paragraph 9 . 08 , and to any <br /> OWNER has received the materials and equip- other qualifications stated in the <br /> ment free and clear of all Liens and evidence recommendation ) ; and <br /> that the materials and equipment are covered <br /> by appropriate property insurance or other c. The conditions precedent to <br /> arrangements to protect OWNER's interest CONTRACTOR's being entitled to such <br /> therein , all of which must be satisfactory to payment appear to have been fulfilled in so <br /> OWNER , far as it is ENGINEER's responsibility to <br /> observe the Work . <br /> 2 . Beginning with the second <br /> Application for Payment , each Application shall 3 . By recommending any such <br /> include an affidavit of CONTRACTOR stating payment ENGINEER will not thereby be <br /> that all previous progress payments received deemed to have represented that : ( i ) <br />inspec- <br /> on account of the Work have been applied on tions made to check the quality or the quantity <br /> account to discharge CONTRACTOR's of the Work as it has been performed have <br /> legitimate obligations associated with prior been exhaustive , extended to every aspect of <br /> Applications for Payment . the Work in progress , or involved detailed <br /> inspections of the Work beyond the responsk <br /> 3 . The amount of retainage with respect bilities specifically assigned to ENGINEER in <br /> to progress payments will be as stipulated in the Contract Documents ; or ( ii ) that there <br /> may <br /> the Agreement , not be other matters or issues between the <br /> parties that might entitle CONTRACTOR to be <br /> paid additionally by OWNER or entitle OWNER <br /> to withhold payment to CONTRACTOR . <br /> 00700 - General Conditions REV 04-07 . doc <br /> 00700 - 37 <br /> F :\Public Works\ENGINEERING DIVISION PROJECTS\0517-OSLO ROAD 43rd Ave to 58th Ave-Phase III\Admim\bid documents\00700 - General Conditions REV <br />04-07 .doc <br />