Common use of Applications for Progress Payments Clause in Contracts

Applications for Progress Payments. CM will participate in the review and disbursement of Progress Payments to the Contractor and in consultation with the District, Project Inspector and the Architect, make recommendations for the disbursement of Progress Payments to the Contractor as follows: (i) CM will assist in the development of procedures for submittal, review, processing and disbursement of Progress Payments to Contractor, along with associated forms and reporting systems; (ii) based upon CM’s observations and evaluations of each Application for Progress Payment, CM will review and certify to the District the amount due on each such Application for Progress Payment; CM’s certifications constitute a representation to the District that, based on CM’s observations at the Site, the data in each Application for Progress Payment, and to the best of CM’s knowledge, information and belief, the Work has progressed to the point indicated in the Application for Progress Payment and the quality of the Work is in generally in accordance with the Contract Documents; (iii) CM’s representations relative to Applications for Progress Payment are subject to an evaluation of the Work for conformity with the requirements for the Substantial Completion, results of subsequent tests, inspections and other procedures, minor deviations from requirements correctable prior to completion and any specific qualifications expressed by CM in its certification. CM’s issuance of a Certificate pursuant to the preceding shall be a representation that the Contractor is entitled to payment in the amount so certified. The CM’s review of Applications for Progress Payment shall be undertaken and completed in a timely manner so that the District can meet its obligations to make Progress Payment due the Contractor within the time permitted by applicable law without incurring interest liability or other penalties/liabilities. If the CM fails to timely complete its review of any of the Contractor’s Applications for Payment and the failure to timely complete such review results in the District incurring interest liability or other penalties/liabilities, the CM shall be liable to the District for all such interest liability or other penalties/liabilities. The District may withhold such amount from the Contract Price then or thereafter due the CM for the Assigned Project. The CM’s liability pursuant to the foregoing shall be in addition to, and not in lieu of, all other liabilities of the CM to the District for losses, costs, damages or any other liability of the District arising out of the CM’s failure to timely complete review of a Contractor’s Application for Progress Payment.

Applications for Progress Payments. CM will participate in the review and disbursement of Progress Payments progress payments to the Contractor and in consultation with the DistrictDISTRICT, Project Inspector the Architect and the ArchitectDSA Inspector of Record, make written recommendations for the disbursement of Progress Payments progress payments to the Contractor as follows: (ia) CM will assist in the development of review and recommend modifications if necessary to procedures for submittal, review, processing processing, and disbursement of Progress Payments progress payments to Contractor, along with associated forms and reporting systems; (iib) based upon CM’s observations and evaluations of each Application application for Progress Paymentprogress payment, CM will review and certify to the District DISTRICT the amount due on each such Application application for Progress Payment; progress payment and CM’s written certifications constitute a representation to the District DISTRICT that, based on CM’s observations and evaluations at the Site, the data in each Application the application for Progress Payment, and to progress payment accurately reflects that the best of CM’s knowledge, information and belief, the Work work has progressed to the point indicated in the Application application for Progress Payment progress payment and the quality of the Work work is in generally in accordance with the Contract Documentsfor the PROJECT; and (iiic) CM’s representations relative to Applications each application for Progress Payment progress payment are subject to an evaluation of the Work work for conformity with the requirements of the Contract for the Substantial CompletionCompletion of the PROJECT, results of subsequent tests, inspections and other procedures, minor deviations from requirements correctable prior to completion and any specific qualifications expressed by CM in its certificationCM. CM’s issuance acceptance of a Certificate an application for progress payment pursuant to the preceding shall be a representation that the Contractor is entitled to payment in the amount so certified. The CM’s review of Applications each application for Progress Payment progress payment shall be undertaken and completed in a timely manner within one week of receipt by CM so that the District DISTRICT can meet its obligations to make Progress Payment progress payment due the Contractor within the time permitted by applicable law without incurring interest liability or other penalties/liabilities. If the CM fails to timely complete its review of any of the Contractor’s Applications for Payment and the failure to timely complete such review results in the District incurring interest liability or other penalties/liabilities, the CM shall be liable to the District for all such interest liability or other penalties/liabilities. The District may withhold such amount from the Contract Price then or thereafter due the CM for the Assigned Project. The CM’s liability pursuant to the foregoing shall be in addition to, and not in lieu of, all other liabilities of the CM to the District for losses, costs, damages or any other liability of the District arising out of the CM’s failure to timely complete review of a Contractor’s Application for Progress Payment.