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ARTICLE 14 - PAYMENTS TO CONTRACTOR AND B. Review of Applications COMPLETION 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either 14.01 Schedule of Values indicate in writing a recommendation of payment and present the Application to A. The schedule of values established as provid- OWNER or return the Application to ed in paragraph 2.07.A will serve as the basis for CONTRACTOR indicating in writing progress payments and will be incorporated into a ENGINEER's reasons for refusing to form of Application for Payment acceptable to ENGI- recommend payment. In the latter case, CON- NEER. Progress payments on account of Unit Price TRACTOR may make the necessary Work will be based on the number of units completed. corrections and resubmit the Application. 14.02 Progress Payments 2. ENGINEER's recommendation of any payment requested in an Application for A. Applications for Payments Payment will constitute a representation by ENGINEER to OWNER, based on 1. At least 20 days before the date ENGINEER's observations on the Site of the established for each progress payment (but not executed Work as an experienced and qualified more often than once a month), design professional and on ENGINEER's CONTRACTOR shall submit to ENGINEER for review of the Application for Payment and the review an Application for Payment filled out and accompanying data and schedules, that to the signed by CONTRACTOR covering the Work best of ENGINEER's knowledge, information completed as of the date of the Application and and belief: accompanied by such supporting documentation as is required by the Contract a. the Work has progressed to the point Documents. If payment is requested on the indicated; basis of materials and equipment not incorporated in the Work but delivered and b. the quality of the Work is generally in suitably stored at the Site or at another location accordance with the Contract Documents agreed to in writing, the Application for Payment (subject to an evaluation of the Work as a shall also be accompanied by a bill of sale, functioning whole prior to or upon invoice, or other documentation warranting that Substantial Completion, to the results of any OWNER has received the materials and equip- subsequent tests called for in the Contract ment free and clear of all Liens and evidence Documents, to a final determination of that the materials and equipment are covered quantities and classifications for Unit Price by appropriate property insurance or other Work under paragraph 9.08, and to any arrangements to protect OWNER's interest other qualifications stated in the therein, all of which must be satisfactory to recommendation); and OWNER. c. The conditions precedent to 2. Beginning with the second CONTRACTOR's being entitled to such Application for Payment, each Application shall payment appear to have been fulfilled in so include an affidavit of CONTRACTOR stating far as it is ENGINEER's responsibility to that all previous progress payments received observe the Work. on account of the Work have been applied on account to discharge CONTRACTOR's 3. By recommending any such legitimate obligations associated with prior payment ENGINEER will not thereby be Applications for Payment. deemed to have represented that: (i) inspec- tions made to check the quality or the quantity 3. The amount of retainage with respect of the Work as it has been performed have to progress payments will be as stipulated in been exhaustive, extended to every aspect of the Agreement. the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in the Contract Documents, or (ii) that there may not be other matters or issues between the 00700-General Conditions REV 5-10-13.doc 00700-39 F:\Public Works\ENGINEERING DIVISION PROJECTS\08458-Old Dixie Hwy Sidewalk(38th Ln-45th St)V\dmim\bid documents\Master Contract Documents\00700-General Conditions REV 5-10-13.doc