Common use of Application for Payment Clause in Contracts

Application for Payment. 9.3.1 At the end of each month, Contractor shall submit to City an itemized Application for Payment, requesting payment for Work as of the end of that month that is calculated in accordance with the formula for payment set forth in Paragraph 9.2.1 of these General Conditions. The Application for Payment shall be prepared: (i) Utilizing the format as designated by City or the Construction Manager. (ii) Itemized in accordance with the Approved Schedule of Values. (iii) Showing the results of a successful system test (for example a pressure test for gas project) of the system installed or completed in the pay period covering the Application for Payment. (iv) Including such data substantiating Contractor's right to payment as City may reasonably require, such as invoices, payrolls, daily time and material records, and, if securities are deposited in lieu of retention pursuant to Section 9.5, a certification of the market value of all such securities as of a date not earlier than five (5) Days prior to the date of the Application for Payment. (v) Showing itemized amounts for Change Orders, Modifications and retention. 9.3.2 Applications for Payment shall not include requests for payment on account of increases to the Contract Sum which have not been authorized by Change Orders or amounts Contractor does not intend to pay a Subcontractor because of a dispute or other reason. 9.3.3 If required by City, an Application for Payment shall be accompanied by all of the following: (i) A summary showing payments that Contractor will make to Subcontractors covered by such application. (ii) Conditional waivers and releases of claims and stop notices from Contractor and each Subcontractor and Sub-subcontractor, of every Tier, listed in the current Application for Payment covering sums requested in the current Application for Payment. (iii) Unconditional waivers and releases of claims and stop notices, from Contractor and each Subcontractor and Sub-subcontractor, of every Tier, listed in the preceding Application for Payment covering sums disbursed pursuant to that preceding Application for Payment. 9.3.4 Contractor warrants that, upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payment has been received from City, shall be free and clear of all claims, stop notices, security interests and encumbrances in favor of Contractor or Subcontractors or other persons or firms entitled to make claims by reason of having provided labor, materials or equipment relating to the Work.

Application for Payment. 9.3.1 At the end of each month, Contractor shall submit to City District an itemized Application for For Payment, requesting payment for Work as of the end of that month that is calculated in accordance with the formula for payment set forth in Paragraph 9.2.1 of these General ConditionsArticle 9. 2.1. The Application for For Payment shall be prepared: (i) Utilizing the format as designated by City District or the Construction Manager. (ii) Itemized in accordance with the Approved Schedule of Values. (iii) Showing the results of a successful system test (for example a pressure test for gas project) of the system installed or completed in the pay period covering the Application for Payment. (iv) Including such data substantiating Contractor's right to payment as City District may reasonably require, such as invoices, certified payrolls, daily time and material records, and, if securities are deposited in lieu of retention pursuant to Section Article 9.5, a certification of the market value of all such securities as of a date not earlier than five (5) Days prior to the date of the Application for For Payment. (viv) Showing itemized amounts for Change Orders, Modifications and retention. 9.3.2 Applications for For Payment shall not include requests for payment on account of increases to the Contract Sum Changes which have not been authorized by Change Orders or amounts Contractor does not intend to pay a Subcontractor because of a dispute or other reason. 9.3.3 If required by CityDistrict, an Application for For Payment shall be accompanied by all of the following: (i) A summary showing payments that Contractor will make be made to Subcontractors covered by such application. (ii) Conditional waivers and releases of claims and stop notices from Contractor and each Subcontractor and Sub-subcontractor, of every Tier, listed in the current Application for For Payment covering sums requested in the current Application for For Payment. (iii) Unconditional waivers and releases of claims and stop notices, from Contractor and each Subcontractor and Sub-subcontractor, of every Tier, listed in the preceding Application for For Payment covering sums disbursed pursuant to that preceding Application for For Payment. 9.3.4 Contractor warrants that, upon submittal of an Application for For Payment, all Work for which Certificates for For Payment have been previously issued and payment has been received from CityDistrict, shall be free and clear of all claims, stop notices, security interests and encumbrances in favor of Contractor or Subcontractors Contractor, Subcontractors, Sub-subcontractors, of every Tier, or other persons or firms entitled to make claims by reason of having provided labor, materials or equipment relating to the Work. 9.3.5 The making of final payment shall constitute a waiver of all Claims by District except those arising from unsettled liens, faulty or Defective Work, failure of the Work to comply with the requirements of the Contract Documents or terms of any special guarantees required by the Contract Documents. 9.3.6 At the sole discretion of District, the Construction Manager may approve for inclusion in Contractor’s Application For Payment the cost of materials to be incorporated in the Work but not yet incorporated in the Work and already delivered and suitably stored either at the Site or at some other appropriate location acceptable to District. In such case, Contractor shall furnish evidence satisfactory to District: (i) Of the cost of such materials. (ii) That such materials are under the exclusive control of Contractor, or if not, that title to the materials is in District, free of any lien or encumbrance and that the materials are safely and suitably stored in a bonded warehouse with appropriate insurance coverage satisfactory to District to cover any Loss. Any payment pursuant to this provision shall not be construed as an inspection or acceptance of the materials nor shall it relieve Contractor of its continuing and sole responsibility for the care and protection of such materials nor shall it relieve Contractor from sole responsibility for any loss or damage to the materials from any cause whatsoever nor act as a waiver of the right of District to require strict fulfillment by Contractor with all terms of the Contract Documents.

Application for Payment. 9.3.1 At the end of each month, Contractor DBE shall submit to City an itemized Application for Payment, requesting payment for Work Design-Build Services as of the end of that month that is calculated in accordance with the formula for payment set forth in Paragraph 9.2.1 of these General Conditions. The Application for Payment shall be prepared: (i) Utilizing the format as designated by City or the Construction Manager. (ii) Itemized in accordance with the Approved Schedule of ValuesofValues. (iii) Showing the results of a successful system test (for example a pressure test for gas project) of the system installed or completed in the pay period covering the Application for Payment. (iv) Including such data substantiating ContractorDBE's right to payment as City may reasonably require, such as invoices, payrolls, daily time and material records, and, if securities are deposited in lieu of retention pursuant to Section 9.5, a certification of the market value of all such securities as of a date not earlier than five (5) Days prior to the date of the Application for Payment. (v) Showing itemized amounts for Change Orders, Modifications and retention. 9.3.2 Applications for Payment shall not include requests for payment on account of increases to the Contract Sum which have not been authorized by Change Orders or amounts Contractor DBE does not intend to pay a Subcontractor because of a dispute or other reason. 9.3.3 If required by City, an Application for Payment shall be accompanied by all of the following: (i) A summary showing payments that Contractor DBE will make to Design Professionals or Subcontractors covered by such application. (ii) Conditional waivers and releases of claims and stop notices from Contractor DBE and each Subcontractor and Sub-subcontractor, of every Tier, listed in the current Application for Payment covering sums requested in the current Application for Payment. (iii) Unconditional waivers and releases of claims and stop notices, from Contractor DBE and each Subcontractor and Sub-subcontractor, of every Tier, listed in the preceding Application for Payment covering sums disbursed pursuant to that preceding Application for PaymentforPayment. 9.3.4 Contractor DBE warrants that, upon submittal of an Application for Payment, all Work Design-Build Services for which Certificates for Payment have been previously issued and payment has been received from City, shall be free and clear of all claims, stop notices, security interests and encumbrances in favor of Contractor DBE or Subcontractors or other persons or firms entitled to make claims by reason of having provided labor, materials or equipment relating to the WorkDesign-Build Services. 9.3.5 At the sole discretion of City, the Construction Manager may approve for inclusion in DBE’s Application for Payment the cost of materials to be incorporated in the Work but not yet incorporated in the Work and already delivered and suitably stored either at the Site or at some other appropriate location acceptable to City. In such case, DBE shall furnish evidence satisfactory to City: (i) Of the cost of such materials. (ii) That such materials are under the exclusive control of DBE, or if not, that title to the materials is in City’s name, free of any lien or encumbrance and that the materials are safely and suitably stored in a bonded warehouse with appropriate insurance coverage satisfactory to City to cover any Loss. (iii) Photographs of such materials if requested by theCity. Any payment pursuant to this Paragraph shall not be construed as an inspection or acceptance of the materials nor shall it relieve DBE of its continuing and sole responsibility for the care and protection of such materials nor shall it relieve DBE from sole responsibility for any loss or damage to the materials from any cause whatsoever, nor act as a waiver of the right of City to require strict fulfillment by DBE with all terms of the Contract Documents. 9.3.6 City shall have the right, in its sole discretion, to make payments of monies owing to DBE by means of direct payment to Subcontractors of any unpaid work performed by any Subcontractor or by joint payment to DBE and to Subcontractors. The making of such payments shall not be construed as the assumption of any obligation on the part of City or as creating any contractual relationship between City and any Subcontractor and shall not relieve DBE of any of its obligations under the Contract Documents. 9.3.7 If the Contract Sum includes an Allowance from the Proposal and the cost of performing the Design- Build Services covered by that Allowance is greater or less than the amount of that Allowance, the Contract Sum shall be increased or decreased accordingly.

Application for Payment. 9.3.1 At the end of each month, Contractor shall submit to City District an itemized Application for For Payment, requesting payment for Work as of the end of that month that is calculated in accordance with the formula for payment set forth in Paragraph 9.2.1 of these General ConditionsArticle 9. 2.1. The Application for For Payment shall be prepared: (i) Utilizing the format as designated by City District or the Construction Manager. (ii) Itemized in accordance with the Approved Schedule of Values. (iii) Showing the results of a successful system test (for example a pressure test for gas project) of the system installed or completed in the pay period covering the Application for Payment. (iv) Including such data substantiating Contractor's right to payment as City District may reasonably require, such as invoices, certified payrolls, daily time and material records, and, if securities are deposited in lieu of retention pursuant to Section Article 9.5, a certification of the market value of all such securities as of a date not earlier than five (5) Days prior to the date of the Application for For Payment. (viv) Showing itemized amounts for Change Orders, Modifications and retention. 9.3.2 Applications for For Payment shall not include requests for payment on account of increases to the Contract Sum Changes which have not been authorized by Change Orders or amounts Contractor does not intend to pay a Subcontractor because of a dispute or other reason. 9.3.3 If required by CityDistrict, an Application for For Payment shall be accompanied by all of the following: (i) A summary showing payments that Contractor will make be made to Subcontractors covered by such application. (ii) Conditional waivers and releases of claims and stop notices from Contractor and each Subcontractor and Sub-subcontractor, of every Tier, listed in the current Application for For Payment covering sums requested in the current Application for For Payment. (iii) Unconditional waivers and releases of claims and stop notices, from Contractor and each Subcontractor and Sub-subcontractor, of every Tier, listed in the preceding Application for For Payment covering sums disbursed pursuant to that preceding Application for For Payment. 9.3.4 Contractor warrants that, upon submittal of an Application for For Payment, all Work for which Certificates for For Payment have been previously issued and payment has been received from CityDistrict, shall be free and clear of all claims, stop notices, security interests and encumbrances in favor of Contractor or Subcontractors Contractor, Subcontractors, Sub-subcontractors, of every Tier, or other persons or firms entitled to make claims by reason of having provided labor, materials or equipment relating to the Work. 9.3.5 The making of final payment shall constitute a waiver of all Claims by District except those arising from unsettled liens, faulty or Defective Work, failure of the Work to comply with the requirements of the Contract Documents or terms of any special guarantees required by the Contract Documents. 9.3.6 At the sole discretion of District, the Construction Manager may approve for inclusion in Contractor’s Application For Payment the cost of materials to be incorporated in the Work but not yet incorporated in the Work and already delivered and suitably stored either at the Site or at some other appropriate location acceptable to District. In such case, Contractor shall furnish evidence satisfactory to District: (i) Of the cost of such materials. (ii) That such materials are under the exclusive control of Contractor, or if not, that title to the materials is in District, free of any lien or encumbrance and that the materials are safely and suitably stored in a bonded warehouse with appropriate insurance coverage satisfactory to District to cover any Loss. Any payment pursuant to this provision shall not be construed as an inspection or acceptance of the materials nor shall it relieve Contractor of its continuing and sole responsibility for the care and protection of such materials nor shall it relieve Contractor from sole responsibility for any loss or damage to the materials from any cause whatsoever nor act as a waiver of the right of District to require strict fulfillment by Contractor with all terms of the Contract Documents. 9.3.7 District shall have the right, in its sole discretion, to make payments of monies owing to Contractor by means of direct payment to Subcontractors or Sub-subcontractors, of any Tier of any unpaid work performed by any Subcontractor or Sub-subcontractor of any Tier, or by joint payment to Contractor and to Subcontractors or Sub-subcontractors, of any Tier. The making of such payments shall not be construed as the assumption of any obligation on the part of District or as creating any contractual relationship between District and any Subcontractor or Sub-subcontractor and shall not relieve Contractor of any of its obligations under the Contract Documents.

Application for Payment. 9.3.1 At the end of each month, Contractor DBT shall submit to City an itemized Application for Payment, requesting payment for Work Design-Build Services as of the end of that month that is calculated in accordance with the formula for payment set forth in Paragraph 9.2.1 of these General Conditions. The Application for Payment shall be prepared: (i) Utilizing the format as designated by City or the Construction Manager. (ii) Itemized in accordance with the Approved Schedule of Values. (iii) Showing the results of a successful system test (for example a pressure test for gas project) of the system installed or completed in the pay period covering the Application for Payment. (iv) Including such data substantiating ContractorDBT's right to payment as City may reasonably require, such as invoices, payrolls, daily time and material records, and, if securities are deposited in lieu of retention pursuant to Section 9.5, a certification of the market value of all such securities as of a date not earlier than five (5) Days prior to the date of the Application for Payment. (v) Showing itemized amounts for Change Orders, Modifications and retention. 9.3.2 Applications for Payment shall not include requests for payment on account of increases to the Contract Sum which have not been authorized by Change Orders or amounts Contractor DBT does not intend to pay a Subcontractor because of a dispute or other reason. 9.3.3 If required by City, an Application for Payment shall be accompanied by all of the following: (i) A summary showing payments that Contractor DBT will make to Design Professionals or Subcontractors covered by such application. (ii) Conditional waivers and releases of claims and stop notices from Contractor DBT and each Subcontractor and Sub-subcontractor, of every Tier, listed in the current Application for Payment covering sums requested in the current Application for Payment. (iii) Unconditional waivers and releases of claims and stop notices, from Contractor DBT and each Subcontractor and Sub-subcontractor, of every Tier, listed in the preceding Application for Payment covering sums disbursed pursuant to that preceding Application for Payment. 9.3.4 Contractor DBT warrants that, upon submittal of an Application for Payment, all Work Design-Build Services for which Certificates for Payment have been previously issued and payment has been received from City, shall be free and clear of all claims, stop notices, security interests and encumbrances in favor of Contractor DBT or Subcontractors or other persons or firms entitled to make claims by reason of having provided labor, materials or equipment relating to the WorkDesign-Build Services. 9.3.5 At the sole discretion of City, the Construction Manager may approve for inclusion in DBT’s Application for Payment the cost of materials to be incorporated in the Work but not yet incorporated in the Work and already delivered and suitably stored either at the Site or at some other appropriate location acceptable to City. In such case, DBT shall furnish evidence satisfactory to City: (i) Of the cost of such materials. (ii) That such materials are under the exclusive control of DBT, or if not, that title to the materials is in City’s name, free of any lien or encumbrance and that the materials are safely and suitably stored in a bonded warehouse with appropriate insurance coverage satisfactory to City to cover any Loss. (iii) Photographs of such materials if requested by the City. Any payment pursuant to this Paragraph shall not be construed as an inspection or acceptance of the materials nor shall it relieve DBT of its continuing and sole responsibility for the care and protection of such materials nor shall it relieve DBT from sole responsibility for any loss or damage to the materials from any cause whatsoever nor act as a waiver of the right of City to require strict fulfillment by DBT with all terms of the Contract Documents. 9.3.6 City shall have the right, in its sole discretion, to make payments of monies owing to DBT by means of direct payment to Subcontractors of any unpaid work performed by any Subcontractor or by joint payment to DBT and to Subcontractors. The making of such payments shall not be construed as the assumption of any obligation on the part of City or as creating any contractual relationship between City and any Subcontractor and shall not relieve DBT of any of its obligations under the Contract Documents. 9.3.7 If the Contract Sum includes an Allowance from the Proposal and the cost of performing the Design-Build Services covered by that Allowance is greater or less than the amount of that Allowance, the Contract Sum shall be increased or decreased accordingly.

Application for Payment. 9.3.1 At Contractor shall deliver the end Application for Payment to Owner by the *** of each monthmonth for the milestones completed and progress in the Work for the prior month (including Punch List Items), Contractor shall submit including during the period prior to City an itemized the NTP Date; provided, that the Application for PaymentPayment in respect of Block Substantial Completion and Facility Substantial Completion shall be delivered when required under Section 16.3 and Section 16.5, requesting payment for Work as of the end of that month that is calculated in accordance with the formula for payment set forth in Paragraph 9.2.1 of these General Conditionsrespectively. The Each Application for Payment shall be prepared: (i) Utilizing reasonably detailed and shall be accompanied by reasonable supporting documentation evidencing the format as designated by City or the Construction Manager. (ii) Itemized in accordance with the Approved Schedule of Values. (iii) Showing the results of a successful system test (for example a pressure test for gas project) achievement of the system installed or completed milestone pursuant to the schedule of values set forth in Exhibit 9 for which the pay period covering the Application for Payment. (iv) Including such data substantiating Contractor's right Milestone Payment is being requested, shall be accompanied by lien waivers required to payment as City may reasonably require, such as invoices, payrolls, daily time and material records, and, if securities are deposited in lieu of retention be delivered otherwise pursuant to Section 9.58.4 and shall be sent by facsimile with confirmation of receipt, a certification and Owner shall be deemed to have received such Application for Payment and the documentation supporting achievement of the market value relevant milestone on the same date of delivery by Contractor if delivered prior to 5:00 pm Pacific Standard Time; provided, that if such date of delivery is not a Business Day or is delivered after 5:00 pm Pacific Standard Time, then the date of delivery shall be the immediately following Business Day. Owner shall make all such securities as payments of a date not earlier undisputed amounts when they become due, but in any event, no later than five thirty (530) Days prior to the date after delivery of the Application for Payment. (v) Showing itemized amounts for Change Orders, Modifications and retention. 9.3.2 Applications for Payment shall not include requests for payment on account ; provided that the payments in respect of increases to the Contract Sum which have not been authorized by Change Orders or amounts Contractor does not intend to pay a Subcontractor because of a dispute or other reason. 9.3.3 If required by City, an any Application for Payment delivered prior to the NTP Date shall be accompanied by all made in accordance with Section 8.1(a) and with respect to Block Substantial Completion and Facility Substantial Completion shall be due within *** after Owner's acceptance of the following: (i) A summary showing payments that Contractor will make to Subcontractors covered by such application. (ii) Conditional waivers and releases Certificate of claims and stop notices from Contractor and each Subcontractor and Sub-subcontractorBlock Substantial Completion or Certificate of Facility Substantial Completion, of every Tier, listed in the current Application for Payment covering sums requested in the current Application for Payment. (iii) Unconditional waivers and releases of claims and stop notices, from Contractor and each Subcontractor and Sub-subcontractor, of every Tier, listed in the preceding Application for Payment covering sums disbursed pursuant to that preceding Application for Payment. 9.3.4 Contractor warrants that, upon submittal as applicable. If Owner disputes a portion of an Application for Payment, all Work for which Certificates Owner shall notify Contractor of such Dispute promptly and in any event within *** after receipt of such Application for Payment have been previously issued and shall pay to Contractor the undisputed portion in accordance with this Section 8.3. If such dispute is resolved within *** after delivery of the Application for Payment, Owner shall make payment has been received from City, of such resolved amounts within *** after delivery of the Application for Payment. Contractor shall be free and clear responsible for paying or ensuring the payment of all claims, stop notices, security interests and encumbrances Subcontractors in favor connection with the Work completed by the Subcontractors in accordance with the terms of Contractor or Subcontractors or other persons or firms entitled to make claims by reason of having provided labor, materials or equipment relating to the Worksuch subcontracts.