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B. In exercising the rights and remedies under 14.02 Progress Payments this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial A. Applications for Payments action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the 1. At least 20 days before the date Work and suspend CONTRACTOR's services related established for each progress payment (but not thereto, take possession of CONTRACTOR's tools, more often than once a month), appliances, construction equipment and machinery at CONTRACTOR shall submit to ENGINEER for the Site, and incorporate in the Work all materials and review an Application for Payment filled out and equipment stored at the Site or for which OWNER has signed by CONTRACTOR covering the Work paid CONTRACTOR but which are stored elsewhere. completed as of the date of the Application and CONTRACTOR shall allow OWNER, OWNER's accompanied by such supporting representatives, agents and employees, OWNER's documentation as is required by the Contract other contractors, and ENGINEER and ENGINEER's Documents. If payment is requested on the Consultants access to the Site to enable OWNER to basis of materials and equipment not exercise the rights and remedies under this incorporated in the Work but delivered and paragraph. suitably stored at the Site or at another location agreed to in writing, the Application for Payment C. All Claims, costs, losses, and damages shall also be accompanied by a bill of sale, (including but not limited to all fees and charges of invoice, or other documentation warranting that engineers, architects, attorneys, and ether OWNER has received the materials and equip- professionals and all court or arbitration or other ment free and clear of all Liens and evidence dispute resolution costs) incurred or sustained by that the materials and equipment are covered OWNER in exercising the rights and remedies under by appropriate property insurance or other this paragraph 13.09 will be charged against CON- arrangements to protect OWNER's interest TRACTOR, and a Change Order will be issued therein, all of which must be satisfactory to incorporating the necessary revisions in the Contract OWNER. Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the 2. Beginning with the second Contract Price. If the parties are unable to agree as to Application for Payment, each Application shall the amount of the adjustment, OWNER may make a include an affidavit of CONTRACTOR stating Claim therefor as provided in paragraph 10.05. Such that all previous progress payments received claims, costs, losses and damages will include but not on account of the Work have been applied on be limited to all costs of repair, or replacement of work account to discharge CONTRACTOR's of others destroyed or damaged by correction, legitimate obligations associated with prior removal, or replacement of CONTRACTOR's Applications for Payment. defective Work. 3. The amount of retainage with respect D. CONTRACTOR shall not be allowed an to progress payments will be as stipulated in extension of the Contract Times (or Milestones) the Agreement. because of any delay in the performance of the Work 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, LON- 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 00700-General Conditions REV 04-07.doc 00700-38 FAPublic Works\ENGINEERING DIVISION PROJECTS\1306 Oslo Road(E of 15th Ave SW)Pipe Culvert Improvement\Admim\bid documents\00700-General Conditions REV 04-07.doc