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i TRACTOR, and a Change Order will be issued incorpo- OWNER's interest therein, all of which must be rating the necessary revisions in the Contract Documents satisfactory to OWNER. with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties 2. Beginning with the second Application are unable to agree as to the amount of the adjustment, for Payment, each Application shall include an OWNER may make a Claim therefor as provided in affidavit of CONTRACTOR stating that all previous paragraph 10.05 . Such claims, costs, losses and damages progress payments received on account of the Work will include but not be limited to all costs of repair, or have been applied or. account to discharge replacement of work of others destroyed or damaged by CONTRACTOR's legitimate obligations associated correction, removal, or replacement of CONTRACTOR' s with prior Applications for Payment. r defective Work. 3 . The amount of retainage with respect to D. CONTRACTOR shall not be allowed an extension progress payments will be as stipulated in the of the Contract Times (or Milestones) because of any delay Agreement. i in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this B . Review of Applications 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 payment COMPLETION and present the Application to OWNER or return the i Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend 14.01 Schedule of Values payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the i A. The schedule of values established as provided in Application. paragraph 2 .07.A will serve as the basis for progress payments and will be incorporated into a form of Applica- 2. ENGINEER' s recommendation of any tion for Payment acceptable to ENGINEER. Progress payment requested in an Application for Payment payments on account of Unit Price Work will be based on will constitute a representation by ENGINEER to the number of units completed. OWNER, based on ENTGINEER's observations on the Site of the executed Work as an experienced and qualified design 14 .02 Progress Payments q professional and on ENGIlVEER's review of the Application for Payment and the A. Applications for Payments accompanying data and schedules, that to the best of r ENGINEER's knowledge, information and belief: 1 . At least 20 days before the date estab- lished for each progress payment (but not more often a. the Work has progressed to the po int i than once a month), CONTRACTOR shall submit to indicated; ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering b. the quality of the Work is generally in the Work completed as of the date of the accordance with the Contract Documents (sub- Application and accompanied by such supporting ject to an evaluation of the Work as a function- documentation as is required by the Contract Docu- ing whole prior to or upon Substantial Comple- ments. If payment is requested on the basis of tion, to the results of any subsequent tests called r materials and equipment not incorporated in the for in the Contract Documents, to a final deter- Work but delivered and suitably stored at the Site or mination of quantities and classifications for at another location agreed to in writing, the Applica- Unit Price Work under paragraph 9.08, and to s tion for Payment shall also be accompanied by a bill any other qualifications stated in the of sale, invoice, or other documentation warranting recommendation) ; and that OWNER has received the materials and equip- ment free and clear of all Liens and evidence that the c. the conditions precedent to r materials and equipment are covered by appropriate CONTRACTOR' s being entitled to such pay- property insurance or other arrangements to protect ment appear to have baen fulfilled in so far as it r r 00700 - 39