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II u II LJ n LJ n LJ n u n u 11 u 11 LJ :' u n L.J 11 LJ 11 L..J n L-J n u 11 LJ n LJ II L..J II LJ n u 14.02 Progrtss Payments A. Applicalions for Payments I. At least 20 days before the date established for each progress payment (but not more often than once a mOllth), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACI'OR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials 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 docu- mentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriarc property insurance or other arrangements to protect OWNER's inrcrest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to pro- gress payments will be as stipulated in Ibc Agreement. B. Review D/ Appliaztions 1. ENGINEER will, widJin 10 days after receipt -of . each ApplicatioD for Paymcat. either iDdicate in writing. I I"CCOIIUIICIIdtion of payment and pracnt; the Application to OWNER or return the Application to CONTRACTOR iDdicating in writing ENGINEER's reasons for refusing to rccommeod payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's rccoJrI~lItiOD of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER. based on ENGINEER's ObservaUODS on the Site of rhe executed WorIc IS lD:experieaced aDd qualified desip profession- al and on ENGINBER's review of rhe Application for Payment and the ac:c:cnnpaII)'i cWa and schedules, chat to Ibe best of ENGINEER's kDow1eclge, infonnation and belief: 00700 - 37 a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subjcct 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 (mal determination of quantities and classifications for Unit .Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGI- NEER will not thereby be deemed to have represented that: (i) inspections made to ch=~ the quality or the quantity of Ibe Work as it has beea performed have been exhauslive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifICally assigned to ENGINEER in the Contract Documcms; or (ii) that there may not be other maners or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER 10 withhold payment to CONTRACTOR. 4. Neither ENGINEER', review of CONTRACTOR's Wort for the purposes of recom- mendin& paymeDlS nor ENGINEBR's .RCOmmeDdation of any payment, iDc1udiag fiDal paymeIIl, will impose respons1Dility on ENGINEER to mpenise, direct, or coattollbc Work or for tbe means, medIock. tedmiqucs, "_:sequeaces,"or-procedures of.coDllnlCticm. or cbc safety . : ..:.; JJRC8Ulicms aDd progmms.iDc.ident Ibcreto, or fOl' CON- : TRACl"OR!s fallurc to:comply with Laws aDd Regu- lations applicable to CONTRAcroR's perfOrmaJK:e of the Wort. Additionally, said review or RCOmmcodation will not impose responsibility on ENGINBERIO make any e;umination to ascertain how or for what purposes CONTRACI'OR has used the moocys paid 0Il1CCOWJt of the Contract Price, or to determine that tide &0 any of tile Wort. materials, or equipment bas passcc1 10 OWNER free and clear of any Liens. S. ENGINEER may refuse 10 recommend the whole or II1.Y pan of 811)' paymem if. in ENGINEER's opinion, it would be iaoorrcct to make the represenia- tions to OWNER referred to in paragraph 14.m.B.Z. ENGINEER may also refuse to r<<ommead any such paymelll or, because of subsequently discovered evideDce or Ibe results of subsequent ~ or tests,