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and signed by CONTRACTOR covering the b , the quality of the Work is generally in Work completed as of the date of the accordance with the Contract Documents Application and accompanied by such sup- ( subject to an evaluation of the Work as a porting documentation as is required by the functioning whole prior to or upon Contract Documents . If payment is requested Substantial Completion , to the results of on the basis of materials and equipment not any subsequent tests called for in the incorporated in the Work but delivered and Contract Documents , to a final deter- suitably stored at the Site or at another location mination of quantities and classifications for agreed to in writing , the Application for Unit Price Work under paragraph 9 . 08 , and Payment shall also be accompanied by a bill of to any other qualifications stated in the sale , invoice , or other documentation recommendation ) ; and warranting that OWNER has received the materials and equipment free and clear of all c . The conditions precedent to Liens and evidence that the materials and CONTRACTOR 's being entitled to such equipment are covered by appropriate property payment appear to have been fulfilled in so insurance or other arrangements to protect far as it is ENGINEER ' s responsibility to OWNER 's interest therein , all of which must be observe the Work , satisfactory to OWNER . 3 . By recommending any such 2 . Beginning with the second payment ENGINEER will not thereby be Application for Payment, each Application shall deemed to have represented that: ( i ) inspec- include an affidavit of CONTRACTOR stating tions made to check the quality or the quantity that all previous progress payments received of the Work as it has been performed have on account of the Work have been applied on been exhaustive , extended to every aspect of account to discharge CONTRACTOR ' s the Work in progress, or involved detailed legitimate obligations associated with prior inspections of the Work beyond the responsi- Applications for Payment, bilities specifically assigned to ENGINEER in the Contract Documents ; or ( ii) that there may 3 . The amount of retainage with not be other matters or issues between the respect to progress payments will be as parties that might entitle CONTRACTOR to be stipulated in the Agreement, paid additionally by OWNER or entitle OWNER B . Review of Applications to withhold payment to CONTRACTOR . 4 . Neither ENGINEER Is review of 1 . ENGINEER will , within 10 days after CONTRACTOR ' s Work for the purposes of receipt of each Application for Payment, either recommending payments nor ENGINEER Is indicate in writing a recommendation of recommendation of any payment, including payment and present the Application to final payment, will impose responsibility on OWNER or return the Application to ENGINEER to supervise , direct, or control the CONTRACTOR indicating in writing Work or for the means , methods , techniques , ENGINEER 's reasons for refusing to sequences , or procedures of construction , or recommend payment. In the latter case , CON - the safety precautions and programs incident TRACTOR may make the necessary thereto , or for CONTRACTOR ' s failure to corrections and resubmit the Application , comply with Laws and Regulations applicable to CONTRACTOR 's performance of the Work . 2 . ENGINEER ' s recommendation of Additionally , said review or recommendation any payment requested in an Application for will not impose responsibility on ENGINEER to Payment will constitute a representation by make any examination to ascertain how or for ENGINEER to OWNER , based on what purposes CONTRACTOR has used the ENGINEER 's observations on the Site of the moneys paid on account of the Contract Price , executed Work as an experienced and qualk or to determine that title to any of the Work , fied design professional and on ENGINEER' s materials , or equipment has passed to review of the Application for Payment and the OWNER free and clear of any Liens . accompanying data and schedules , that to the best of ENGINEER 's knowledge , information 5 . ENGINEER may refuse to recom- and belief: mend the whole or any part of any payment if, in ENGINEER ' s opinion , it would be incorrect a . the Work has progressed to the point to make the representations to OWNER indicated ; referred to in paragraph 14 . 02 . 6 . 2 . ENGk NEER may also refuse to recommend any such payment or, because of subsequently 00700 37 00700 - General Conditions REV 04-07. doc - F . \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07 . doc