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Application for Payment filled out and signed by Contractor covering the Work completed as <br />of the date of the Application and accompanied by such supporting documentation as is <br />required by the Contract Documents. If payment is requested on the basis of materials and <br />equipment not incorporated in the Work but delivered and suitably stored at the Site or at <br />another location agreed to in writing, the Application for Payment shall also be accompanied <br />by a bill of sale, invoice, or other documentation warranting that Owner has received the <br />materials and equipment free and clear of all Liens and evidence that the materials and <br />equipment are covered by appropriate property insurance or other arrangements to protect <br />Owner's interest therein, all of which must be satisfactory to Owner. <br />2. Beginning with the second Application for Payment, each Application shall include an <br />affidavit of Contractor stating that all previous progress payments received on account of the <br />Work have been applied on account to discharge Contractor's legitimate obligations <br />associated with prior Applications for Payment. <br />3. The amount of retainage with respect to progress payments will be as stipulated in the <br />Agreement. <br />B. Review of Applications: <br />1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in <br />writing a recommendation of payment and present the Application to Owner or return the <br />Application to Contractor indicating in writing Engineer's reasons for refusing to recommend <br />payment. In the latter case, Contractor may make the necessary corrections and resubmit the <br />Application. <br />2. Engineer's recommendation of any payment requested in an Application for Payment will <br />constitute a representation by Engineer to Owner, based on Engineer's observations of the <br />executed Work as an experienced and qualified design professional, and on Engineer's <br />review of the Application for Payment and the accompanying data and schedules, that to the <br />best of Engineer's knowledge, information and belief: <br />a. the Work has progressed to the point indicated; <br />b. the quality of the Work is in accordance with the Contract Documents (subject to an <br />evaluation of the Work as a functioning whole prior to or upon Substantial Completion, <br />the results of any subsequent tests called for in the Contract Documents, a final <br />determination of quantities and classifications for Unit Price Work under Paragraph 9.07, <br />and any other qualifications stated in the recommendation); and <br />c. the conditions precedent to Contractor's being entitled to such payment appear to have <br />been fulfilled in so far as it is Engineer's responsibility to observe the Work. <br />3. By recommending any such payment Engineer will not thereby be deemed to have <br />represented that: <br />a. inspections made to check the quality or the quantity of the Work as it has been <br />performed have been exhaustive, extended to every aspect of the Work in progress, or <br />EJCDC C-700 Standard General Conditions of the Construction Contract <br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 53 of 62 <br />