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ARTICLE 14 - PAYMENTS TO CONTRACTOR AND <br />COMPLETION <br />14.01 Schedule of Values <br />A. The schedule of values established as provid- <br />ed in paragraph 2.07.A will serve as the basis for <br />progress payments and will be incorporated into a <br />form of Application for Payment acceptable to ENGI- <br />NEER. Progress payments on account of Unit Price <br />Work will be based on the number of units completed. <br />14.02 Progress Payments <br />A. Applications for Payments <br />1. At least 20 days before the date <br />established for each progress payment (but not <br />more often than once a month), <br />CONTRACTOR shall submit to ENGINEER for <br />review an Application for Payment filled out and <br />signed by CONTRACTOR covering the Work <br />completed as of the date of the Application and <br />accompanied by such supporting <br />documentation as is required by the Contract <br />Documents. If payment is requested on the <br />basis of materials and equipment not <br />incorporated in the Work but delivered and <br />suitably stored at the Site or at another location <br />agreed to in writing, the Application for Payment <br />shall also be accompanied by a bill of sale, <br />invoice, or other documentation warranting that <br />OWNER has received the materials and equip- <br />ment free and clear of all Liens and evidence <br />that the materials and equipment are covered <br />by appropriate property insurance or other <br />arrangements to protect OWNER's interest <br />therein, all of which must be satisfactory to <br />OWNER. <br />2. Beginning with the second <br />Application for Payment, each Application shall <br />include an affidavit of CONTRACTOR stating <br />that all previous progress payments received <br />on account of the Work have been applied on <br />account to discharge CONTRACTOR's <br />legitimate obligations associated with prior <br />Applications for Payment. <br />3. The amount of retainage with respect <br />to progress payments will be as stipulated in <br />the Agreement. <br />B Review of Applications <br />1. ENGINEER will, within 10 days after <br />receipt of each Application for Payment, either <br />indicate in writing a recommendation of <br />payment and present the Application to <br />OWNER or return the Application to <br />CONTRACTOR indicating in writing <br />ENGINEER's reasons for refusing to <br />recommend payment. In the latter case, CON- <br />TRACTOR may make the necessary <br />corrections and resubmit the Application. <br />2. ENGINEER's recommendation of <br />any payment requested in an Application for <br />Payment will constitute a representation by <br />ENGINEER to OWNER, based on <br />ENGINEER's observations on the Site of the <br />executed Work as an experienced and qualified <br />design professional and on ENGINEER's <br />review of the Application for Payment and the <br />accompanying data and schedules, that to the <br />best of ENGINEER's knowledge, information <br />and belief: <br />a. the Work has progressed to the point <br />indicated; <br />b the quality of the Work is generally in <br />accordance with the Contract Documents <br />(subject to an evaluation of the Work as a <br />functioning whole prior to or upon <br />Substantial Completion, to the results of any <br />subsequent tests called for in the Contract <br />Documents, to a final determination of <br />quantities and classifications for Unit Price <br />Work under paragraph 9.08, and to any <br />other qualifications stated in the <br />recommendation); and <br />c. The conditions precedent to <br />CONTRACTOR's being entitled to such <br />payment appear to have been fulfilled in so <br />far as it is ENGINEER's responsibility to <br />observe the Work. <br />3 By recommending any such <br />payment ENGINEER will not thereby be <br />deemed to have represented that: (i) inspec- <br />tions made to check the quality or the quantity <br />of the Work as it has been performed have <br />been exhaustive, extended to every aspect of <br />the Work in progress, or involved detailed <br />inspections of the Work beyond the responsi- <br />bilities specifically assigned to ENGINEER in <br />the Contract Documents; or (ii) that there may <br />not be other matters or issues between the <br />00700 - General Conditions REV 5-10-11doc <br />00700 - 39 <br />F -\Public Works\ENGINEERING DIVISION PROJECTS\05308 13th Street SW at 58th Ave Bridge\Admin\bid documents\Master Contract Documents\00700 - General Conditions REV 5- <br />10-13.doc <br />