APPLICATION FOR PAYMENT BY CONSTRUCTION CONTRACTOR. 3.16.1 Before the Construction Contractor submits its first Application for Payment during the construction phase, Consultant shall receive from Construction Contractor a Schedule of Values, allocated to various portions of the Work, prepared in such form and supported by such data to substantiate accuracy as Consultant may require. This schedule shall be used as the basis for reviewing Consultant’s invoice during the construction phase. 3.16.2 Construction Contractor will submit monthly Applications for Payment to City electronically through City’s PRIMElink, as defined in Section 11.11 herein. Upon such submission, Consultant will determine the amounts due to Construction Contractor, based on observations at the site and on evaluations of Construction Contractor’s Monthly Application for Payments (and Final Application for Payment) and approve or reject Contractor’s application. 3.16.3 The approval an Application For Payment shall constitute a representation by Consultant to City, based on Consultant’s observations at the site, as required herein, and in the data comprising Construction Contractor’s Monthly Application for Payment (and Final Application for Payment), that the Work has progressed to the point indicated; that to the best of Consultant’s knowledge, information and belief, the quality of Work is in accordance with the Contract Documents, and to any specific qualifications stated in the Certification For Payment; and that Construction Contractor is entitled to payment in the amount recommended. The approval of an Application for Payment will not be a representation that Consultant has: (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by City to substantiate Construction Contractor’s right to payment; or (4) made any examination to ascertain how or for what purpose Construction Contractor has used money previously paid on account of the Agreement sum. 3.16.4 Consultant shall, within three (3) days after notification of Construction Contractor’s submission of its Application for Payment, either approve the Application for Payment, based upon the percentage of work completed by Construction Contractor, or reject the Application for Payment, noting the reasons for withholding approval. 3.16.5 When the Work is found to be substantially complete, Consultant shall inform City about the balance of the Contract Sum remaining to be paid to Construction Contractor, including the amount to be retained from the Contract Sum, if any, for final completion of the Work. 3.16.6 Consultant shall reject Construction Contractor’s Application for Payment, to the extent reasonably necessary to protect City, if, in Consultant’s opinion, the representations to City, required by Section 3.15 herein, cannot be made. If Consultant is unable to approve payment in the amount of the Application, Consultant will notify City, as provided in Section 3.15 herein. Consultant also may withhold approval of an Application for Payment because of subsequently discovered evidence from loss for which the Construction Contractor is responsible, including loss resulting from acts and omissions described below: 3.16.6.1 Defective Work not remedied. 3.16.6.2 Third party Claims filed or reasonable evidence indicating probable filing of such Claims, for which Construction Contractor is responsible hereunder, unless security acceptable to City is provided by Construction Contractor. 3.16.6.3 Failure of Construction Contractor to make payments properly to the subcontractor and/or material providers; or 3.16.6.4 Reasonable evidence that the Work cannot be completed for the unpaid balance of the Construction Contract sum and Construction Contractor has failed to provide City adequate assurance of its continued performance within a reasonable time after demand. 3.16.7.5 Damage to City or another Construction Contractor. 3.16.6.6 Reasonable evidence that the Work will not be completed within the Construction Contract time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay. 3.16.6.7 Persistent failure by Construction Contractor to carry out the Work, in accordance with the Contract Documents. 3.16.7 When the above applicable reasons for withholding payment are removed, payment will be made to Construction Contractor for amounts previously withheld. Owner shall not be deemed in default by reason of withholding payment as provided.
Appears in 2 contracts
Samples: Professional Services, Professional Services
APPLICATION FOR PAYMENT BY CONSTRUCTION CONTRACTOR. 3.16.1 Before the Construction Contractor submits its first Application for Payment during the construction phase, Consultant shall receive from Construction Contractor a Schedule of Values, allocated to various portions of the Work, prepared in such form and supported by such data to substantiate accuracy as Consultant may require. This schedule shall be used as the basis for reviewing Consultant’s invoice during the construction phase.
3.16.2 Construction Contractor will shall submit monthly Applications for Payment to City electronically through City’s PRIMElink, as defined in Section 11.11 herein. Upon such submission, Consultant will shall determine the amounts due to Construction Contractor, based on observations at the site and on evaluations of Construction Contractor’s Monthly Application for Payments (and Final Application for Payment) and approve or reject Contractor’s application.
3.16.3 The approval of an Application For Payment shall constitute a representation by Consultant to City, based on Consultant’s observations at the site, as required herein, and in the data comprising Construction Contractor’s Monthly Application for Payment (and Final Application for Payment), that the Work has progressed to the point indicated; that to the best of Consultant’s knowledge, information and belief, the quality of Work is in accordance with the Contract Documents, Documents and to any specific qualifications stated in the Certification For Payment; and that Construction Contractor is entitled to payment in the amount recommended. The approval of an Application for Payment will shall not be a representation that Consultant has:
(1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work;
(2) reviewed construction means, methods, techniques, sequences or procedures;
(3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by City to substantiate Construction Contractor’s right to payment; or
(4) made any examination to ascertain how or for what purpose Construction Contractor has used money previously paid on account of the Agreement sum.
3.16.4 Consultant shall, within three (3) calendar days after notification of Construction Contractor’s submission of its Application for Payment, either approve the Application for Payment, based upon the percentage of work completed by Construction Contractor, or reject the Application for Payment, noting the reasons for withholding approval.
3.16.5 When the Work is found to be substantially complete, Consultant shall inform City about the balance of the Contract Sum remaining to be paid to Construction Contractor, including the amount to be retained from the Contract Sum, if any, for final completion of the Work.
3.16.6 Consultant shall reject Construction Contractor’s Application for Payment, to the extent reasonably necessary to protect City, if, in Consultant’s opinion, the representations to City, required by Section 3.15 herein, cannot be made. If Consultant is unable to approve payment in the amount of the Application, Consultant will shall notify City, as provided in Section 3.15 herein. Consultant also may withhold approval of an Application for Payment because of subsequently discovered evidence from loss for which the Construction Contractor is responsible, including loss resulting from acts and omissions described below:
3.16.6.1 Defective Work not remedied.
3.16.6.2 Third party Claims filed or reasonable evidence indicating probable filing of such Claims, for which Construction Contractor is responsible hereunder, unless security acceptable to City is provided by Construction Contractor.
3.16.6.3 Failure of Construction Contractor to make payments properly to the subcontractor and/or material providers; or
3.16.6.4 Reasonable evidence that the Work cannot be completed for the unpaid balance of the Construction Contract sum and Construction Contractor has failed to provide City adequate assurance of its continued performance within a reasonable time after demand.
3.16.7.5 Damage to City or another Construction Contractor.
3.16.6.6 Reasonable evidence that the Work will shall not be completed within the Construction Contract time and that the andthe unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay.
3.16.6.7 Persistent failure by Construction Contractor to carry out the Work, in accordance with the Contract Documents.
3.16.7 When the above applicable reasons for withholding payment are removed, payment will shall be made to Construction Contractor for amounts previously withheld. Owner shall not be deemed in default by reason of withholding payment as provided.
Appears in 2 contracts
Samples: Professional Services, Professional Services
APPLICATION FOR PAYMENT BY CONSTRUCTION CONTRACTOR. 3.16.1 Before the Construction Contractor submits its first Application for Payment during the construction phase, III.8.1 Consultant shall receive from review Construction Contractor a Contractor’s Schedule of Values, allocated to various portions of the Work, prepared in such form and supported by such data to substantiate accuracy as Consultant may require. This schedule shall be used as the basis for reviewing ConsultantContractor’s invoice during the construction phase.
3.16.2 Construction Contractor will submit monthly Applications for Payment to City electronically through City’s PRIMElink, as defined in Section 11.11 herein. Upon such submission, III.8.2 Consultant will shall determine the amounts due to Construction Contractor, based on observations at the site and on evaluations of Construction Contractor’s Monthly Application for Payments (and Final Application for Payment) and approve or reject Contractor’s application.
3.16.3 III.8.3 The approval of an Application For Payment shall constitute a representation by Consultant to City, based on Consultant’s observations at evaluation of the site, as required hereinWork, and in the data comprising Construction Contractor’s Monthly Application for Payment (and Final Application for Payment), that the Work has progressed to the point indicated; that to . To the best of Consultant’s knowledge, information and belief, the quality of Work is in accordance with the Contract Documents, and to any specific qualifications stated in the Certification For Payment; and that Construction Contractor is entitled to payment in the amount recommended. The approval of an Application for Payment will shall not be a representation that Consultant has:
(1) made a. Made exhaustive or continuous on-site inspections to check the quality or quantity of the Work;
(2) reviewed b. Reviewed construction means, methods, techniques, sequences or procedures;
(3) reviewed c. Reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by City to substantiate Construction Contractor’s right to payment; or
(4) made d. Made any examination to ascertain how or for what purpose Construction Construction
e. Contractor has used money previously paid on account of the Agreement sum.
3.16.4 III.8.4 Consultant shall, within three (3) working days after notification of Construction Contractor’s submission of its Application for Payment, either approve the Application for Payment, based upon the percentage of work completed by Construction Contractor, or reject the Application for Payment, noting the reasons for withholding approval.
3.16.5 When the Work is found to be substantially complete, Consultant shall inform City about the balance of the Contract Sum remaining to be paid to Construction Contractor, including the amount to be retained from the Contract Sum, if any, for final completion of the Work.
3.16.6 III.8.5 Consultant shall reject Construction Contractor’s Application for Payment, to the extent reasonably necessary to protect City, if, in Consultant’s opinion, the representations to City, required by Section 3.15 hereinARTICLE III.8, cannot be made. If Consultant is unable to approve payment in the amount of the Application, Consultant will shall notify City, as provided in Section 3.15 herein. Consultant also may withhold approval of an Application for Payment because of subsequently discovered evidence from loss for which the Construction Contractor is responsible, including loss resulting from acts and omissions described below:
3.16.6.1 a. Work not performed or Defective Work not remedied.;
3.16.6.2 b. Third party Claims filed or reasonable evidence indicating probable filing of such Claims, for which Construction Contractor is responsible hereunder, unless security acceptable to City is provided by Construction Contractor.;
3.16.6.3 c. Failure of Construction Contractor to make payments properly to the subcontractor and/or material material/equipment providers; or;
3.16.6.4 d. Reasonable evidence that the Work cannot be completed for the unpaid balance of the Construction Contract sum and Construction Contractor has failed to provide City adequate assurance of its continued performance within a reasonable time after demand.;
3.16.7.5 e. Damage to City or another Construction Contractor.contractor;
3.16.6.6 f. Reasonable evidence that the Work will shall not be completed within the Construction Contract time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay.;
3.16.6.7 g. Persistent failure by Construction Contractor to carry out the Work, in accordance with the Contract Documents;
h. Applicable liquidated damages were not included in the application for payment;
i. Billing for unapproved/unverified materials stored off-site; or,
j. A current schedule update has not been submitted to City.
3.16.7 k. When the above applicable reasons for withholding payment are removed, payment will shall be made to Construction Contractor for amounts previously withheld. Owner shall not be deemed in default by reason of withholding payment as provided.
Appears in 1 contract
Samples: Professional Services
APPLICATION FOR PAYMENT BY CONSTRUCTION CONTRACTOR. 3.16.1 Before the Construction Contractor submits its first Application for Payment during the construction phase, Consultant shall receive from Construction Contractor a Schedule of Values, allocated to various portions of the Work, prepared in such form and supported by such data to substantiate accuracy as Consultant may require. This schedule shall be used as the basis for reviewing Consultant’s invoice during the construction phase.
3.16.2 Construction Contractor will shall submit monthly Applications for Payment to City electronically through City’s PRIMElink, as defined in Section 11.11 herein. Upon such submission, Consultant will shall determine the amounts due to Construction Contractor, based on observations at the site and on evaluations of Construction Contractor’s Monthly Application for Payments (and Final Application for Payment) and approve or reject Contractor’s application.
3.16.3 The approval of an Application For Payment shall constitute a representation by Consultant to City, based on Consultant’s observations at the site, as required herein, and in the data comprising Construction Contractor’s Monthly Application for Payment (and Final Application for Payment), that the Work has progressed to the point indicated; that to the best of Consultant’s knowledge, information and belief, the quality of Work is in accordance with the Contract Documents, Documents and to any specific qualifications stated in the Certification For Payment; and that Construction Contractor is entitled to payment in the amount recommended. The approval of an Application for Payment will shall not be a representation that Consultant has:
(1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work;
(2) reviewed construction means, methods, techniques, sequences or procedures;
(3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by City to substantiate Construction Contractor’s right to payment; or
(4) made any examination to ascertain how or for what purpose Construction Contractor has used money previously paid on account of the Agreement sum.
3.16.4 Consultant shall, within three (3) days after notification of Construction Contractor’s submission of its Application for Payment, either approve the Application for Payment, based upon the percentage of work completed by Construction Contractor, or reject the Application for Payment, noting the reasons for withholding approval.
3.16.5 When the Work is found to be substantially complete, Consultant shall inform City about the balance of the Contract Sum remaining to be paid to Construction Contractor, including the amount to be retained from the Contract Sum, if any, for final completion of the Work.
3.16.6 Consultant shall reject Construction Contractor’s Application for Payment, to the extent reasonably necessary to protect City, if, in Consultant’s opinion, the representations to City, required by Section 3.15 herein, cannot be made. If Consultant is unable to approve payment in the amount of the Application, Consultant will shall notify City, as provided in Section 3.15 herein. Consultant also may withhold approval of an Application for Payment because of subsequently discovered evidence from loss for which the Construction Contractor is responsible, including loss resulting from acts and omissions described below:
3.16.6.1 Defective Work not remedied.
3.16.6.2 Third party Claims filed or reasonable evidence indicating probable filing of such Claims, for which Construction Contractor is responsible hereunder, unless security acceptable to City is provided by Construction Contractor.
3.16.6.3 Failure of Construction Contractor to make payments properly to the subcontractor and/or material providers; or
3.16.6.4 Reasonable evidence that the Work cannot be completed for the unpaid balance of the Construction Contract sum and Construction Contractor has failed to provide City adequate assurance of its continued performance within a reasonable time after demand.
3.16.7.5 Damage to City or another Construction Contractor.
3.16.6.6 Reasonable evidence that the Work will shall not be completed within the Construction Contract time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay.
3.16.6.7 Persistent failure by Construction Contractor to carry out the Work, in accordance with the Contract Documents.
3.16.7 When the above applicable reasons for withholding payment are removed, payment will shall be made to Construction Contractor for amounts previously withheld. Owner shall not be deemed in default by reason of withholding payment as provided.
Appears in 1 contract
Samples: Professional Services
APPLICATION FOR PAYMENT BY CONSTRUCTION CONTRACTOR. 3.16.1 Before the Construction Contractor submits its first Application for Payment during the construction phase, Consultant shall receive from Construction Contractor a Schedule of Values, allocated to various portions of the Work, prepared in such form and supported by such data to substantiate accuracy as Consultant may require. This schedule shall be used as the basis for reviewing Consultant’s invoice during the construction phase.
3.16.2 Construction Contractor will shall submit monthly Applications for Payment to City electronically through City’s PRIMElinkinternet-based project management system, as defined in Section 11.11 herein. Upon such submission, Consultant will shall determine the amounts due to Construction Contractor, based on observations at the site and on evaluations of Construction Contractor’s Monthly Application for Payments (and Final Application for Payment) and approve or reject Contractor’s application.
3.16.3 The approval of an Application For Payment shall constitute a representation by Consultant to City, based on Consultant’s observations at the site, as required herein, and in the data comprising Construction Contractor’s Monthly Application for Payment (and Final Application for Payment), that the Work has progressed to the point indicated; that to the best of Consultant’s knowledge, information and belief, the quality of Work is in accordance with the Contract Documents, Documents and to any specific qualifications stated in the Certification For Payment; and that Construction Contractor is entitled to payment in the amount recommended. The approval of an Application for Payment will shall not be a representation that Consultant has:
(1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work;
(2) reviewed construction means, methods, techniques, sequences or procedures;
(3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by City to substantiate Construction Contractor’s right to payment; or
(4) made any examination to ascertain how or for what purpose Construction Contractor has used money previously paid on account of the Agreement sum.
3.16.4 Consultant shall, within three (3) calendar days after notification of Construction Contractor’s submission of its Application for Payment, either approve the Application for Payment, based upon the percentage of work completed by Construction Contractor, or reject the Application for Payment, noting the reasons for withholding approval.
3.16.5 When the Work is found to be substantially complete, Consultant shall inform City about the balance of the Contract Sum remaining to be paid to Construction Contractor, including the amount to be retained from the Contract Sum, if any, for final completion of the Work.
3.16.6 Consultant shall reject Construction Contractor’s Application for Payment, to the extent reasonably necessary to protect City, if, in Consultant’s opinion, the representations to City, required by Section 3.15 herein, cannot be made. If Consultant is unable to approve payment in the amount of the Application, Consultant will shall notify City, as provided in Section 3.15 herein. Consultant also may withhold approval of an Application for Payment because of subsequently discovered evidence from loss for which the Construction Contractor is responsible, including loss resulting from acts and omissions described below:
3.16.6.1 Defective Work not remedied.
3.16.6.2 Third party Claims filed or reasonable evidence indicating probable filing of such Claims, for which Construction Contractor is responsible hereunder, unless security acceptable to City is provided by Construction Contractor.
3.16.6.3 Failure of Construction Contractor to make payments properly to the subcontractor and/or material providers; or
3.16.6.4 Reasonable evidence that the Work cannot be completed for the unpaid balance of the Construction Contract sum and Construction Contractor has failed to provide City adequate assurance of its continued performance within a reasonable time after demand.
3.16.7.5 Damage to City or another Construction Contractor.
3.16.6.6 Reasonable evidence that the Work will shall not be completed within the Construction Contract time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay.
3.16.6.7 Persistent failure by Construction Contractor to carry out the Work, in accordance with the Contract Documents.
3.16.7 When the above applicable reasons for withholding payment are removed, payment will shall be made to Construction Contractor for amounts previously withheld. Owner shall not be deemed in default by reason of withholding payment as provided.
Appears in 1 contract
Samples: Professional Services
APPLICATION FOR PAYMENT BY CONSTRUCTION CONTRACTOR. 3.16.1 Before the Construction Contractor submits its first Application for Payment during the construction phase, Consultant shall receive from Construction Contractor a Schedule of Values, allocated to various portions of the Work, prepared in such form and supported by such data to substantiate accuracy as Consultant may require. This schedule shall be used as the basis for reviewing Consultant’s invoice during the construction phase.
3.16.2 Construction Contractor will submit monthly Applications for Payment to City electronically through City’s PRIMElink, as defined in Section 11.11 herein. Upon such submission, Consultant will determine the amounts due to Construction Contractor, based on observations at the site and on evaluations of Construction Contractor’s Monthly Application for Payments (and Final Application for Payment) and approve or reject Contractor’s application.
3.16.3 The approval of an Application For Payment shall constitute a representation by Consultant to City, based on Consultant’s observations at the site, as required herein, and in the data comprising Construction Contractor’s Monthly Application for Payment (and Final Application for Payment), that the Work has progressed to the point indicated; that to the best of Consultant’s knowledge, information and belief, the quality of Work is in accordance with the Contract Documents, and to any specific qualifications stated in the Certification For Payment; and that Construction Contractor is entitled to payment in the amount recommended. The approval of an Application for Payment will not be a representation that Consultant has:
(1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work;
(2) reviewed construction means, methods, techniques, sequences or procedures;
(3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by City to substantiate Construction Contractor’s right to payment; or
(4) made any examination to ascertain how or for what purpose Construction Contractor has used money previously paid on account of the Agreement sum.
3.16.4 Consultant shall, within three (3) days after notification of Construction Contractor’s submission of its Application for Payment, either approve the Application for Payment, based upon the percentage of work completed by Construction Contractor, or reject the Application for Payment, noting the reasons for withholding approval.
3.16.5 When the Work is found to be substantially complete, Consultant shall inform City about the balance of the Contract Sum remaining to be paid to Construction Contractor, including the amount to be retained from the Contract Sum, if any, for final completion of the Work.
3.16.6 Consultant shall reject Construction Contractor’s Application for Payment, to the extent reasonably necessary to protect City, if, in Consultant’s opinion, the representations to City, required by Section 3.15 herein, cannot be made. If Consultant is unable to approve payment in the amount of the Application, Consultant will notify City, as provided in Section 3.15 herein. Consultant also may withhold approval of an Application for Payment because of subsequently discovered evidence from loss for which the Construction Contractor is responsible, including loss resulting from acts and omissions described below:
3.16.6.1 Defective Work not remedied.
3.16.6.2 Third party Claims filed or reasonable evidence indicating probable filing of such Claims, for which Construction Contractor is responsible hereunder, unless security acceptable to City is provided by Construction Contractor.
3.16.6.3 Failure of Construction Contractor to make payments properly to the subcontractor and/or material providers; or
3.16.6.4 Reasonable evidence that the Work cannot be completed for the unpaid balance of the Construction Contract sum and Construction Contractor has failed to provide City adequate assurance of its continued performance within a reasonable time after demand.
3.16.7.5 Damage to City or another Construction Contractor.
3.16.6.6 Reasonable evidence that the Work will not be completed within the Construction Contract time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay.
3.16.6.7 Persistent failure by Construction Contractor to carry out the Work, in accordance with the Contract Documents.
3.16.7 When the above applicable reasons for withholding payment are removed, payment will be made to Construction Contractor for amounts previously withheld. Owner shall not be deemed in default by reason of withholding payment as provided.
Appears in 1 contract
Samples: Professional Services
