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agreed to in writing, the Application for Payment subsequent tests called for in the Contract shall also be accompanied by a bill of sale, Documents, to a final determination of invoice, or other documentation warranting that quantities and classifications for Unit Price OWNER has received the materials and equip- Work under paragraph 9.08, and to any ment free and clear of all Liens and evidence other qualifications stated in the that the materials and equipment are covered recommendation); and by appropriate property insurance or other arrangements to protect OWNER's interest c. The conditions precedent to therein, all of which must be satisfactory to CONTRACTOR's being entitled to such OWNER. payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to 2. Beginning with the second observe the Work. Application for Payment, each Application shall include an affidavit of CONTRACTOR stating 3. By recommending any such that all previous progress payments received payment ENGINEER will not thereby be on account of the Work have been applied on deemed to have represented that: (i) inspec- account to discharge CONTRACTOR's tions made to check the quality or the quantity legitimate obligations associated with prior of the Work as it has been performed have Applications for Payment. been exhaustive, extended to every aspect of the Work in progress, or involved detailed 3. The amount of retainage with respect inspections of the Work beyond the responsi- to progress payments will be as stipulated in bilities specifically assigned to ENGINEER in the Agreement. the Contract Documents; or (ii) that there may not be other matters or issues between the B. Review of Applications parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER 1. ENGINEER will, within 10 days after to withhold payment to CONTRACTOR. receipt of each Application for Payment, either indicate in writing a recommendation of 4. Neither ENGINEER's review of payment and present the Application to CONTRACTOR's Work for the purposes of OWNER or return the Application to recommending payments nor ENGINEER's CONTRACTOR indicating in writing recommendation of any payment, including final ENGINEER's reasons for refusing to payment, will impose responsibility on recommend payment. In the latter case, CON- ENGINEER to supervise, direct, or control the TRACTOR may make the necessary Work or for the means, methods, techniques, corrections and resubmit the Application. sequences, or procedures of construction, or the safety precautions and programs incident 2. ENGINEER's recommendation of thereto, or for CONTRACTOR's failure to any payment requested in an Application for comply with Laws and Regulations applicable to Payment will constitute a representation by CONTRACTOR's performance of the Work. ENGINEER to OWNER, based on Additionally, said review or recommendation will ENGINEER's observations on the Site of the not impose responsibility on ENGINEER to executed Work as an experienced and qualified make any examination to ascertain how or for design professional and on ENGINEER's what purposes CONTRACTOR has used the review of the Application for Payment and the moneys paid on account of the Contract Price, accompanying data and schedules, that to the or to determine that title to any of the Work, best of ENGINEER's knowledge, information materials, or equipment has passed to and belief: OWNER free and clear of any Liens. a. the Work has progressed to the point 5. ENGINEER may refuse to recom- indicated; mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to b. the quality of the Work is generally in make the representations to OWNER referred accordance with the Contract Documents to in paragraph 14.02.8.2. ENGINEER may (subject to an evaluation of the Work as a also refuse to recommend any such payment functioning whole prior to or upon or, because of subsequently discovered Substantial Completion, to the results of any evidence or the results of subsequent 00700-General Conditions REV 5-10-13 00700-39 F:\Public Works\ENGINEERING DIVISION PROJECTS\1049_8th St Sidewalk Improvements(58th Ave to 21 st Court)\Admim\bid doC rnents\LAP DocurnentsWaster Contract Docunenls\00700-General Conditions REV 5-10-13.doc