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Van Fleet Water Production Facility Improvements BVP 13-196 Documents. If payment is requested on the basis of material and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that the County has received the material and equipment free and clear of all liens and evidence that the material and equipment are covered by appropriate property insurance and other arrangements to protect the County's interest therein, all of which will be satisfactory to the County. Payment is subject to retainage in accordance with F.S. 218.735. The amount of retainage is 10% until such time retainage is reduced in accordance with the contract document or as provided in F.S. 218.735. 16.3 Contractor's Warranty of Title 16.3.1 Contractor warrants and guarantees that title to the work, material and equipment covered by any Application for Payment, whether incorporated in the Work or not, will pass to the County no later than the time of payment, free and clear of all liens. 16.4 Approval of Payments 16.4.1 The Professional, after receipt of each Application for Payment, will either indicate in writing a recommendation of payment and present the application to the County, or return the application to the Contractor indicating in writing the Professional's reasons for refusing to recommend payment. In the latter case, the Contractor may make the necessary corrections and resubmit the application. The County shall make payment in accordance with F.S. 218.735. 16.4.2 The Professional's recommendation of any payment requested in an Application for Payment will constitute a representation by the Professional to the County based on the Professional's review of the Application for Payment and the accompanying data and schedules, that to the best of the Professional's knowledge, information and belief: a) The Work has progressed to the point indicated; b) The quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon substantial completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work and to any other qualifications stated in the recommendation); and c) The conditions precedent to the Contractor's being entitled to such payment appear to have been fulfilled in so far as it is the Professional's responsibility to observe the Work. 16.4.3 By recommending any such payment, the Professional will not be deemed to have represented that: (i) exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to the Professional in the Contract Documents; or (ii)that there may not be other matters or issues between the parties that might entitle the Contractor to be paid additionally by the County or entitle the County to withhold payment to the Contractor. 16.4.4 The Professional's recommendation of any payment, including final payment, shall not mean that the Professional is responsible for the Contractor's means, methods, techniques, sequences or procedures of construction; or the safety precautions and programs incident thereto; or for any failure of the Contractor to comply with Laws and Regulations applicable to the furnishing or performance of Work; or for any failure of the Contractor to perform or furnish Work in accordance with the Contract Documents. 84 112 -By