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<br />00700 - 32/38 <br /> <br /> <br />14.3 APPLICATION FOR PROGRESS PAYMENT <br /> <br />A. Unless otherwise prescribed by law, on the 25th of each month, or other agreed <br />upon date, the CONTRACTOR shall submit to the ENGINEER for review, an <br />Application for Payment filled out and signed by the CONTRACTOR covering the <br />Work completed as of the date of the Application and accompanied by such <br />supporting documentation as is required by the Contract Documents. <br /> <br />B. The Application for Payment shall identify, as a subtotal, the amount of the <br />CONTRACTOR'S Total Earnings to Date, plus the Value of Materials Stored at <br />the Site which have not yet been incorporated in the Work, and less a deductive <br />adjustment for materials installed which were not previously incorporated in the <br />Work, but for which payment was allowed under the provisions for payment for <br />Materials Stored at the Site, but not yet incorporated in the Work. <br /> <br />C. The Net Payment Due to the CONTRACTOR shall be the above-mentioned <br />subtotal from which shall be deducted the amount of retainage specified in the <br />Supplementary General Conditions, and the total amount of all previous <br />payments made to the CONTRACTOR. <br /> <br />D. The Value of Materials Stored at the Site shall be an amount equal to the <br />specified percent of the value of such materials as set forth in the Supplementary <br />General Conditions. Said amount shall be based upon the value of all <br />acceptable materials and equipment not incorporated in the Work but delivered <br />and suitably stored at the site or at another location agreed to in writing; <br />provided, each such individual item has a value of more than $5,000 and will <br />become a permanent part of the Work. The Application for Payment shall also <br />be accompanied by a bill of sale, invoice, or other documentation warranting that <br />the CONTRACTOR has received the materials and equipment free and clear of <br />all liens, charges, security interests, and encumbrances (which are hereinafter in <br />these General Conditions referred to as "Liens") and evidence that the materials <br />and equipment are covered by appropriate property insurance and other <br />arrangements to protect the OWNER's interest therein, all of which will be <br />satisfactory to the OWNER. <br /> <br />14.4 CONTRACTOR'S WARRANTY OF TITLE <br /> <br />A. The CONTRACTOR warrants and guarantees that title to all Work, materials, <br />and equipment covered by an Application for Payment, whether incorporated in <br />the Work or not, will pass to the OWNER no later than the time of final payment <br />free and clear of all liens. <br /> <br />14.5 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT <br /> <br />A. The ENGINEER will, within seven (7) days after receipt of each Application for <br />Payment, either indicate in writing a recommendation of payment and present the <br />Application to the OWNER, or return the Application to the CONTRACTOR <br />indicating in writing the ENGINEER's reasons for refusing to recommend <br />payment. In the later case, the CONTRACTOR may make the necessary <br />corrections and resubmit the Application. Thirty days after presentation of the