Common use of CERTIFICATES FOR PAYMENT Clause in Contracts

CERTIFICATES FOR PAYMENT. (a) The Architect/Engineer will, within ten (10) days after receipt of the Prime Contractor’s Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Prime Contractor, for such amount as the Architect/Engineer determines is properly due, or notify the Prime Contractor and Owner in writing of the Architect/Engineer’s reasons for withholding certification in whole or in part as provided in: (a) City of Xxxxxx “General Conditions for Building Construction.” (b) Subparagraph 9.5(a). The Certificate for Payment shall be issued on the current version of AIA Form G702 (Application and Certificate for Payment) as approved by the Owner. (c) The issuance of a Certificate for Payment will constitute a representation by the Architect/Engineer to the Owner, based on the Architect/Engineer’s observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect/Engineer’s knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial and Final Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to Final Completion and to specific qualifications expressed by the Architect/Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Prime Contractor is entitled to payment in the amount certified, subject to the Owner’s approval. The issuance of a Certificate for Payment is not a representation that the Architect/Engineer 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 the Owner to substantiate the Prime Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Prime Contractor has used money previously paid on account of the Contract Sum. (d) Whenever the Application for Payment for Work done since the last previous Application for Payment exceeds one hundred dollars ($100.00) in amount, Owner will pay a percentage of the Application, less applicable retainage, to the Prime Contractor within thirty (30) days following Owner’s receipt and approval of the Certificate for Payment certified by the Architect/Engineer. The Application may include acceptable nonperishable materials delivered to the Work or stored as provided for in Paragraph 9.3(c) and the payment will be allowed on the net invoice value, less taxes and applicable retainage. (e) The City is required to withhold five percent (5%) retainage for public works contracts in which the total contract price estimate at the time of execution is more than $400,000; however, this requirement is applied by the City for all public works contracts in excess of $50,000. The retainage will be withheld by the Owner from each progress payment until final completion of the Work by the Contractor, approval of final completion by the Architect/Engineer, and final acceptance of the Work by the Owner. Unless otherwise required by state law, the retainage percentage as specified above is based upon the original Contract Sum, and will not be affected in the event the original Contract Sum is subsequently increased by Change Order. (f) No progress payments shall be made on contracts where performance and payment bonds are not required or furnished. In such instances, payment for the Work performed will be made upon final completion and acceptance by the Owner of all Work.

CERTIFICATES FOR PAYMENT. (a) The Applications for Payment must be approved by the Architect/Engineer will, within ten (10) days after receipt Engineer’s issuance of the Prime Contractor’s Application for Payment, either issue to the Owner a Certificate for Payment, with a copy confirming that portion, if any, of the Application for Payment that Architect/Engineer has determined to be properly due and payable under this Agreement. In the Prime Contractor, for such amount as event that the Architect/Engineer determines is properly due, or notify the Prime Contractor and Owner in writing of the Architect/Engineer’s reasons for withholding certification believes payment should be withheld in whole or in part as provided in: (a) City of Xxxxxx “General Conditions for Building Constructionpart, it will so notify the Owner and Contractor.” (b) Subparagraph 9.5(a). The Certificate Contractor’s issuance of an Application for Payment shall be issued on to the current version of AIA Form G702 (Application Project Manager and Certificate for Payment) as approved by the Owner. (c) The issuance of a Certificate for Payment Architect/Engineer will constitute a representation by the Architect/Engineer to the OwnerOwner that, based on Contractor’s evaluation of the Architect/Engineer’s observations at applicable Work included in the site and the data comprising the Application for PaymentApplication, that the such Work has progressed to the point indicated therein, and that, to the best of the Architect/Engineer’s Contractor's knowledge, information and belief, the quality of the applicable Work is in accordance with the Contract DocumentsDocuments and the applicable Schedule of Values. The foregoing representations are Notwithstanding the Architect/Engineer’s approval of an Application for Payment for the Work, it shall remain subject to an Project Manager’s further evaluation of the Work for conformance with and confirmation that it conforms to the Contract Documents upon Substantial Completion and upon Final Completion, to and the results of subsequent tests and inspections, and it remains subject to minor deviations correction of any deviation from the Contract Documents correctable prior to the issuance of a Certificate of Substantial Completion or a Certificate of Final Completion and to specific qualifications expressed by the Completion. (c) The Architect/Engineer. The ’s approval of an Application for Payment will entitle Contractor to payment in the amount approved by Architect/Engineer within 45 days after Owner’s receipt of a properly submitted Application for Payment; however, the issuance of a Certificate for Payment will further not constitute a representation to Contractor that the Prime Contractor is entitled to payment in the amount certified, subject to the Owner’s approval. The issuance of a Certificate for Payment is not a representation that the Owner and/or Architect/Engineer has: have (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 the Owner to substantiate the Prime Contractor’s 's right to payment; or , or (4) made examination to ascertain how or for what purpose the Prime Contractor has used money previously paid on account of the Cost of the Work and/or Contract Sum. (d) Whenever the Application for Payment for Work done since the last previous Application for Payment exceeds one hundred dollars ($100.00) in amount, Owner will pay . The issuance of a percentage of the Application, less applicable retainage, to the Prime Contractor within thirty (30) days following Owner’s receipt and approval of the Certificate for Payment certified by the Architect/Engineer. The Application may include acceptable nonperishable materials delivered shall only constitute a recommendation to the Work or stored as provided for Owner in Paragraph 9.3(c) and respect to the payment will amount to be allowed paid, which is not binding on the net invoice value, less taxes and applicable retainage. (e) The City is required to withhold five percent (5%) retainage for public works contracts in which the total contract price estimate at the time Owner if Owner knows of execution is more than $400,000; however, this requirement is applied by the City for all public works contracts in excess of $50,000. The retainage will other reasons why payment should be withheld by the Owner from each progress payment until final completion of the Work by the Contractor, approval of final completion by the Architect/Engineer, and final acceptance of the Work by the Owner. Unless otherwise required by state law, the retainage percentage as specified above is based upon the original Contract Sum, and will not be affected in the event the original Contract Sum is subsequently increased by Change Orderunder this Agreement. (f) No progress payments shall be made on contracts where performance and payment bonds are not required or furnished. In such instances, payment for the Work performed will be made upon final completion and acceptance by the Owner of all Work.

CERTIFICATES FOR PAYMENT. (a) The Architect/Engineer will, within ten (10) days after receipt of the Prime Contractor’s Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Prime Contractor, for such amount as the Architect/Engineer determines is properly due, or notify the Prime Contractor and Owner in writing of the Architect/Engineer’s reasons for withholding certification in whole or in part as provided in: (a) City of Xxxxxx “General Conditions for Building Construction.” (b) Subparagraph 9.5(a). The Certificate for Payment shall be issued on the current version of AIA Form G702 (Application and Certificate for Payment) as approved by the Owner. (c) The issuance of a Certificate for Payment will constitute a representation by the Architect/Engineer to the Owner, based on the Architect/Engineer’s observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect/Engineer’s knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial and Final Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to Final Completion and to specific qualifications expressed by the Architect/Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Prime Contractor is entitled to payment in the amount certified, subject to the Owner’s approval. The issuance of a Certificate for Payment is not a representation that the Architect/Engineer 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 the Owner to substantiate the Prime Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Prime Contractor has used money previously paid on account of the Contract Sum. (d) Whenever the Application for Payment for Work done since the last previous Application for Payment exceeds one hundred dollars ($100.00) in amount, Owner will pay a percentage of the Application, less applicable retainage, to the Prime Contractor within thirty (30) days following Owner’s receipt and approval of the Certificate for Payment certified by the Architect/Engineer. The Application may include acceptable nonperishable materials delivered to the Work or stored as provided for in Paragraph 9.3(c) and the payment will be allowed on the net invoice value, less taxes and applicable retainage. (e) The City is required to withhold five percent (5%) retainage for public works contracts in which the total contract price estimate at the time of execution is more than $400,000; however, this requirement is applied by the City for all public works contracts in excess of $50,000. The retainage will be withheld by the Owner from each progress payment until final completion of the Work by the Contractor, approval of final completion by the Architect/Engineer, and final acceptance of the Work by the Owner. Unless otherwise required by state law, the retainage percentage as specified above is based upon the original Contract Sum, and will not be affected in the event the original Contract Sum is subsequently increased by Change Order. (f) No progress payments shall be made on contracts where performance and payment bonds are not required or furnished. In such instances, payment for the Work performed will be made upon final completion and acceptance by the Owner of all Work.thirty

CERTIFICATES FOR PAYMENT. (a) 14.2.1 The Architect/Engineer Architect will, within ten (10) seven days after receipt of the Prime Contractor’s 's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Prime Contractor, for such amount as the Architect/Engineer Architect determines is properly due, or notify the Prime Contractor and Owner in writing of the Architect/Engineer’s 's reasons for withholding certification in whole or in part as provided in: (a) City of Xxxxxx “General Conditions for Building Construction.” (b) in Subparagraph 9.5(a). The Certificate for Payment shall be issued on the current version of AIA Form G702 (Application and Certificate for Payment) as approved by the Owner14.2.3. (c) 14.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect/Engineer Architect to the Owner, based on the Architect/Engineer’s observations at 's evaluations of the site Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect/Engineer’s 's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial and Final Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents correctable prior to Final Completion completion and to specific qualifications expressed by the Architect/Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Prime Contractor is entitled to payment in the amount certified. However, subject to the Owner’s approval. The issuance of a Certificate for Payment is will not be a representation that the Architect/Engineer has: Architect 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 the Owner to substantiate the Prime Contractor’s 's right to payment; or , or (4) made examination to ascertain how or for what purpose the Prime Contractor has used money previously paid on account of the Contract Sum. (d) Whenever the Application 14.2.3 The Architect may withhold a Certificate for Payment for Work done since in whole or in part, to the last previous Application for Payment exceeds one hundred dollars ($100.00) extent reasonably necessary to protect the Owner, if in amount, the Architect's opinion the representations to the Owner will pay a percentage required by Subparagraph 14.2.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, less applicable retainage, to the Prime Architect will notify the Contractor within thirty (30) days following Owner’s receipt and approval of the Owner as provided in Subparagraph 14.2.1. The Architect may also withhold a Certificate for Payment certified by or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect/Engineer. The Application may include acceptable nonperishable materials delivered 's opinion to the Work or stored as provided for in Paragraph 9.3(c) and the payment will be allowed on the net invoice value, less taxes and applicable retainage. (e) The City is required to withhold five percent (5%) retainage for public works contracts in which the total contract price estimate at the time of execution is more than $400,000; however, this requirement is applied by the City for all public works contracts in excess of $50,000. The retainage will be withheld by protect the Owner from each progress payment until final completion of loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 8.2.2, because of: .1 defective Work by the Contractor, approval of final completion by the Architect/Engineer, and final acceptance of the Work by the Owner. Unless otherwise required by state law, the retainage percentage as specified above is based upon the original Contract Sum, and will not be affected in the event the original Contract Sum is subsequently increased by Change Order. (f) No progress payments shall be made on contracts where performance and payment bonds are not required or furnished. In such instances, payment for the Work performed will be made upon final completion and acceptance by the Owner of all Work.remedied;

CERTIFICATES FOR PAYMENT. (a) The Architect/Engineer will, within ten (10) days after receipt of the Prime Contractor’s Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Prime Contractor, for such amount as the Architect/Engineer determines is properly due, or notify the Prime Contractor and Owner in writing of the Architect/Engineer’s reasons for withholding certification in whole or in part as provided in: (a) City of Xxxxxx “General Conditions for Building Construction.” (b) Subparagraph 9.5(a). The Certificate for Payment shall be issued on the current version of AIA Form G702 (Application and Certificate for Payment) as approved by the Owner. (c) The issuance of a Certificate for Payment will constitute a representation by the Architect/Engineer to the Owner, based on the Architect/Engineer’s observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect/Engineer’s knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with DocuSign Envelope ID: 0B2E709F-1B68-46D3-B102-6A54CF462BF3 the Contract Documents upon Substantial and Final Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to Final Completion and to specific qualifications expressed by the Architect/Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Prime Contractor is entitled to payment in the amount certified, subject to the Owner’s approval. The issuance of a Certificate for Payment is not a representation that the Architect/Engineer 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 the Owner to substantiate the Prime Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Prime Contractor has used money previously paid on account of the Contract Sum. (d) Whenever the Application for Payment for Work done since the last previous Application for Payment exceeds one hundred dollars ($100.00) in amount, Owner will pay a percentage of the Application, less applicable retainage, to the Prime Contractor within thirty (30) days following Owner’s receipt and approval of the Certificate for Payment certified by the Architect/Engineer. The Application may include acceptable nonperishable materials delivered to the Work or stored as provided for in Paragraph 9.3(c) and the payment will be allowed on the net invoice value, less taxes and applicable retainage. (e) The City is required to withhold five percent (5%) retainage for public works contracts in which the total contract price estimate at the time of execution is more than $400,000; however, this requirement is applied by the City for all public works contracts in excess of $50,000. The retainage will be withheld by the Owner from each progress payment until final completion of the Work by the Contractor, approval of final completion by the Architect/Engineer, and final acceptance of the Work by the Owner. Unless otherwise required by state law, the retainage percentage as specified above is based upon the original Contract Sum, and will not be affected in the event the original Contract Sum is subsequently increased by Change Order. (f) No progress payments shall be made on contracts where performance and payment bonds are not required or furnished. In such instances, payment for the Work performed will be made upon final completion and acceptance by the Owner of all Work.

CERTIFICATES FOR PAYMENT. (a) 10.4.1 The Architect/Engineer will, within ten (10) days after receipt of the Prime Contractor’s Contractor will submit a Project Application for Payment, combining the applications for progress payments from Subcontractors, suppliers and vendors and, after certifying the amounts due on such applications, forward them to the Program Manager and Architect no later than the twenty-fifth (25th) day of each month. 10.4.2 Within seven days after the Program Manager and Architect's receipt of each Project Application for Payment, the Architect will either issue to the Owner a Certificate for Paymentcertificate, with a copy to the Prime Contractor, for such amount as the Architect/Engineer Program Manager and Architect determines is properly due, due or notify the Prime Contractor and Owner in writing of the Program Manager and Architect/Engineer’s 's reasons for withholding certification in whole or in part as provided in: (a) City of Xxxxxx “General Conditions for Building Construction.” (b) Subparagraph 9.5(a)in Paragraph 10.5. The Certificate for Payment shall Such notification will be issued on forwarded to the current version of AIA Form G702 (Application and Certificate for Payment) as approved Contractor by the OwnerProgram Manager. Owner will pay Contractor no later than the 20th of each month following the pay application submitted by the Contractor in accordance with Article 10.4. (c) 10.4.3 The issuance of a separate Certificate for Payment will constitute a representation representations made separately by the Architect/Engineer Architect and the Program Manager to the Owner, based on the Architect/Engineer’s their individual observations at the Project site and the data comprising the Application for PaymentPayment submitted by the Contractor, that the Project Work has progressed to the point indicated and that, to the best of the Program Manager's and Architect/Engineer’s 's knowledge, information and belief, the quality of the Project Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial and Final Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to Final Completion and to specific qualifications expressed by the Architect/Engineer. The issuance of a separate Certificate for Payment will further constitute a representation that the Prime Contractor is entitled to payment in the amount certified. However, subject to the Owner’s approval. The issuance of a separate Certificate for Payment is will not be a representation that the Architect/Engineer has: Program Manager or Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures; , (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Prime Contractor’s 's right to payment; or payment or (4) made examination to ascertain how or for what purpose the Prime Contractor has used money previously paid on account of the Contract Sum. (d) Whenever 10.4.4 No approval of an Application for Payment, progress payment or any partial or entire use or occupancy of the Project by the Owner will constitute an acceptance of any Project Work which is not in accordance with the Contract Documents; and regardless of approval of an Application for Payment for Work done since the last previous Application for Payment exceeds one hundred dollars ($100.00) in amount, Owner will pay a percentage of the Application, less applicable retainage, to the Prime Contractor within thirty (30) days following Owner’s receipt and approval of the Certificate for Payment certified by the Architect/Engineer. The Application may include acceptable nonperishable materials delivered to the Work or stored as provided for in Paragraph 9.3(c) and the payment will be allowed on the net invoice value, less taxes and applicable retainage. (e) The City is required to withhold five percent (5%) retainage for public works contracts in which the total contract price estimate at the time of execution is more than $400,000; however, this requirement is applied by the City for all public works contracts in excess of $50,000. The retainage will be withheld by the Owner from each progress payment until final completion of the Work by the Contractor, approval of final completion by the Architect/Engineer, and final acceptance of the Work by the Owner. Unless otherwise required by state law, the retainage percentage as specified above is based upon the original Contract Sum, Contractor will remain totally obligated and will not be affected in the event the original Contract Sum is subsequently increased by Change Order. (f) No progress payments shall be made on contracts where performance and payment bonds are not required or furnished. In such instances, payment liable for the performance of the Project Work performed will be made upon final completion and acceptance by in strict compliance with the Owner of all WorkContract Documents.

CERTIFICATES FOR PAYMENT. (a) The Architect/Engineer Architect will, within ten (10) seven days after receipt of the Prime Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Prime Contractor, ; (2) issue to the Owner a Certificate for Payment for such amount as the Architect/Engineer Architect determines is properly due, or and notify the Prime Contractor and Owner in writing of the Architect/Engineer’s reasons for withholding certification in whole part; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in part as provided in: (a) City whole. If certification or notification is not made within such seven day period, the Contractor may, upon seven additional days’ written notice to the Owner and Architect, stop the Work until payment of Xxxxxx “General Conditions for Building Construction.” (b) Subparagraph 9.5(a)the amount owing has been received. The Certificate for Payment Contract Time and the Contract Sum shall be issued on equitably adjusted due to the current version of AIA Form G702 (Application and Certificate for Payment) as approved by the Owner. (c) delay. The issuance of a Certificate for Payment will constitute a representation by the Architect/Engineer Architect to the Owner, based on the Architect/Engineer’s observations at evaluation of the site Work and the data comprising in the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect/Engineer’s knowledge, information information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial and Final Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents correctable prior to Final Completion completion, and to specific qualifications expressed by the Architect/Engineer. The However, the issuance of a Certificate for Payment will further constitute not be a representation that the Prime Contractor is entitled to payment in the amount certified, subject to the Owner’s approval. The issuance of a Certificate for Payment is not a representation that the Architect/Engineer has: Architect 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 sequences, or procedures; ; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Prime Contractor’s right to payment; or or (4) made examination to ascertain how or for what purpose the Prime Contractor has used money previously paid on account of the Contract Sum. (d) Whenever the Application for Payment for Work done since the last previous Application for Payment exceeds one hundred dollars ($100.00) in amount, Owner will pay a percentage of the Application, less applicable retainage, to the Prime Contractor within thirty (30) days following Owner’s receipt and approval of the Certificate for Payment certified by the Architect/Engineer. The Application may include acceptable nonperishable materials delivered to the Work or stored as provided for in Paragraph 9.3(c) and the payment will be allowed on the net invoice value, less taxes and applicable retainage. (e) The City is required to withhold five percent (5%) retainage for public works contracts in which the total contract price estimate at the time of execution is more than $400,000; however, this requirement is applied by the City for all public works contracts in excess of $50,000. The retainage will be withheld by the Owner from each progress payment until final completion of the Work by the Contractor, approval of final completion by the Architect/Engineer, and final acceptance of the Work by the Owner. Unless otherwise required by state law, the retainage percentage as specified above is based upon the original Contract Sum, and will not be affected in the event the original Contract Sum is subsequently increased by Change Order. (f) No progress payments shall be made on contracts where performance and payment bonds are not required or furnished. In such instances, payment for the Work performed will be made upon final completion and acceptance by the Owner of all Work.

CERTIFICATES FOR PAYMENT. (a) § 10.4.1 The Architect/Engineer Design Professional will, within ten seven (107) days after receipt of the Prime ContractorCM/GC’s Application for Payment, either issue to the Owner electronically approve a Certificate for Payment, with a copy to the Prime Contractor, for such amount as the Architect/Engineer Design Professional determines is properly due, or electronically reject and notify the Prime Contractor CM/GC and Owner in writing of the Architect/EngineerDesign Professional’s reasons for withholding certification in whole or in part as provided in: (a) City of Xxxxxx “General Conditions for Building Construction.” (b) Subparagraph 9.5(a). The Certificate for Payment shall be issued on the current version of AIA Form G702 (Application and Certificate for Payment) as approved by the Ownerin Section 10.5.1. (c) § 10.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect/Engineer Design Professional to the Owner, based on the Architect/EngineerDesign Professional’s observations at evaluation of the site Work and the data comprising the Application for Payment, that that, to the best of the Design Professional’s knowledge, information and belief, the Work has progressed to the point indicated and that, to that the best of the Architect/Engineer’s knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial and Final Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents correctable prior to Final Completion completion and to specific qualifications expressed by the Architect/EngineerDesign Professional. The issuance of a Certificate for Payment will further constitute a representation that the Prime Contractor CM/GC is entitled to payment in the amount certified. However, subject to the Owner’s approval. The issuance of a Certificate for Payment is will not be a representation that the Architect/Engineer has: Design Professional 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 the Owner to substantiate the Prime ContractorCM/GC’s right to payment; or , or (4) made examination to ascertain how or for what purpose the Prime Contractor CM/GC has used money previously paid on account of the Contract Sum. (d) Whenever the Application for Payment for Work done since the last previous Application for Payment exceeds one hundred dollars ($100.00) in amount, § 10.4.3 The Owner will pay a percentage of the Application, less applicable retainage, shall make payment to the Prime Contractor within thirty CM/GC no more than forty-five (3045) days following Owner’s receipt and approval by the Owner of the Certificate for Payment certified by the Architect/EngineerDesign Professional. The Application may include acceptable nonperishable materials delivered to amount of each such payment shall be the Work or stored as provided amount approved for in Paragraph 9.3(c) and the payment will be allowed on the net invoice value, less taxes and applicable retainage. (e) The City is required to withhold five percent (5%) retainage for public works contracts in which the total contract price estimate at the time of execution is more than $400,000; however, this requirement is applied by the City for all public works contracts in excess of $50,000. The retainage will be withheld by the Owner from each progress payment until final completion less such amounts, if any, otherwise owing by the CM/GC to the Owner or which the Owner shall have the right to withhold as authorized by this Contract. The Owner's approval of the Work by the Contractor, approval of final completion by the ArchitectCM/Engineer, and final acceptance of the Work by the Owner. Unless otherwise required by state law, the retainage percentage as specified above is based upon the original Contract Sum, and will GC's Request for Payment shall not be affected in the event the original Contract Sum is subsequently increased by Change Order. (f) No progress payments shall be made on contracts where performance and payment bonds are not required or furnished. In such instances, payment for the Work performed will be made upon final completion and acceptance by preclude the Owner from the exercise of all Workany of its rights it may have in this Contract, at law or in equity.

CERTIFICATES FOR PAYMENT. (a) 14.2.1 The Architect/Engineer Architect will, within ten (10) seven days after receipt of the Prime Contractor’s 's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Prime Contractor, for such amount as the Architect/Engineer Architect determines is properly due, or notify the Prime Contractor and Owner in writing of the Architect/Engineer’s 's reasons for withholding certification in whole or in part as provided in: (a) City of Xxxxxx “General Conditions for Building Construction.” (b) in Subparagraph 9.5(a). The Certificate for Payment shall be issued on the current version of AIA Form G702 (Application and Certificate for Payment) as approved by the Owner14.2.3. (c) 14.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect/Engineer Architect to the Owner, based on the Architect/Engineer’s observations at 's evaluations of the site Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect/Engineer’s 's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial and Final Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents correctable prior to Final Completion completion and to specific qualifications expressed by the Architect/Engineer. The issuance of a Certificate for Payment will further constitute a representation that the Prime Contractor is entitled to payment in the amount certified. However, subject to the Owner’s approval. The issuance of a Certificate for Payment is will not be a representation that the Architect/Engineer has: Architect 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 the Owner to substantiate the Prime Contractor’s right to payment; orthe (4) made examination to ascertain how or for what purpose the Prime Contractor has used money previously paid on account of the Contract Sum. (d) Whenever the Application 14.2.3 The Architect may withhold a Certificate for Payment for Work done since in whole or in part, to the last previous Application for Payment exceeds one hundred dollars ($100.00) extent reasonably necessary to protect the Owner, if in amount, the Architect's opinion the representations to the Owner will pay a percentage required by Subparagraph 14.2.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, less applicable retainage, to the Prime Architect will notify the Contractor within thirty (30) days following Owner’s receipt and approval of the Certificate for Payment certified by the Architect/Engineer. The Application may include acceptable nonperishable materials delivered to the Work or stored Owner as provided for in Paragraph 9.3(c) and the payment will be allowed on the net invoice value, less taxes and applicable retainage. (e) The City is required to withhold five percent (5%) retainage for public works contracts in which the total contract price estimate at the time of execution is more than $400,000; however, this requirement is applied by the City for all public works contracts in excess of $50,000Subparagraph 14.2.1. The retainage will be withheld by the Owner from each progress payment until final completion of the .1 defective Work by the Contractor, approval of final completion by the Architect/Engineer, and final acceptance of the Work by the Owner. Unless otherwise required by state law, the retainage percentage as specified above is based upon the original Contract Sum, and will not be affected in the event the original Contract Sum is subsequently increased by Change Order. (f) No progress payments shall be made on contracts where performance and payment bonds are not required or furnished. In such instances, payment for the Work performed will be made upon final completion and acceptance by the Owner of all Work.remedied;

CERTIFICATES FOR PAYMENT. (a) § 15.4.1 The Architect/Engineer Architect will, within ten seven (107) days after receipt of the Prime Contractor’s Application for Payment, either issue to the Owner Manager a Certificate for Payment, Payment using AIA Form G702, with a copy to the Prime Contractor, for such amount as the Architect/Engineer Architect determines is properly due, or notify the Prime Contractor and Owner in writing the Manager of the Architect/Engineer’s reasons for withholding certification in whole or in part as provided in: (a) City of Xxxxxx “General Conditions for Building Construction.” (b) Subparagraph 9.5(a). The Certificate for Payment shall be issued on the current version of AIA Form G702 (Application and Certificate for Payment) as approved by the Ownerin Section 15.4.3. (c) § 15.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect/Engineer Architect to the Owner, Manager, based on the Architect/Engineer’s observations at evaluations of the site Work and the data comprising in the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect/Engineer’s knowledge, information information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial and Final Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents correctable prior to Final Completion completion and to specific qualifications expressed by the Architect/Engineer. The However, the issuance of a Certificate for Payment will further constitute not be a representation that the Prime Contractor is entitled to payment in the amount certified, subject to the Owner’s approval. The issuance of a Certificate for Payment is not a representation that the Architect/Engineer has: Architect 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 sequences, or procedures; ; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner Manager to substantiate the Prime Contractor’s right to payment; or or (4) made examination to ascertain how or for what purpose the Prime Contractor has used money previously paid on account of the Contract Sum. (d) Whenever § 15.4.3 The Architect and the Application Manager may withhold a Certificate for Payment for Work done since in whole or in part, to the last previous Application for Payment exceeds one hundred dollars ($100.00) extent reasonably necessary to protect the Owner, Manager, if in amount, the Architect’s opinion the representations to the Owner will pay a percentage Manager required by Section 15.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, less applicable retainagethe Architect will notify the Contractor and Owner Manager as provided in Section 15.4.1. If the Contractor and the Architect cannot agree on a revised amount, to the Prime Contractor within thirty (30) days following Owner’s receipt and approval of the Architect will promptly issue a Certificate for Payment certified by for the Architect/Engineer. The Application may include acceptable nonperishable materials delivered to the Work or stored as provided amount for in Paragraph 9.3(c) and the payment will be allowed on the net invoice value, less taxes and applicable retainage. (e) The City is required to withhold five percent (5%) retainage for public works contracts in which the total contract price estimate at the time of execution Architect is more than $400,000; however, this requirement is applied by the City for all public works contracts in excess of $50,000. The retainage will be withheld by the Owner from each progress payment until final completion of the Work by the Contractor, approval of final completion by the Architect/Engineer, and final acceptance of the Work by able to make such representations to the Owner. Unless otherwise required by state lawManager. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the retainage percentage whole or a part of a Certificate for Payment previously issued, to such extent as specified above is based upon the original Contract Sum, and will not may be affected necessary in the event the original Contract Sum is subsequently increased by Change Order. (f) No progress payments shall be made on contracts where performance and payment bonds are not required or furnished. In such instances, payment for the Work performed will be made upon final completion and acceptance by Architect’s opinion to protect the Owner of all Work.Manager from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of

CERTIFICATES FOR PAYMENT. (a) § 10.4.1 The Architect/Engineer Design Professional will, within ten seven (107) days after receipt of the Prime ContractorCM/GC’s Application for Payment, either issue to the Owner electronically approve a Certificate for Payment, with a copy to the Prime Contractor, for such amount as the Architect/Engineer Design Professional determines is properly due, or electronically reject and notify the Prime Contractor CM/GC and Owner in writing of the Architect/EngineerDesign Professional’s reasons for withholding certification in whole or in part as provided in: (a) City of Xxxxxx “General Conditions for Building Construction.” (b) Subparagraph 9.5(a). The Certificate for Payment shall be issued on the current version of AIA Form G702 (Application and Certificate for Payment) as approved by the Ownerin Article 10.5.1. (c) § 10.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect/Engineer Design Professional to the Owner, based on the Architect/EngineerDesign Professional’s observations at evaluation of the site Work and the data comprising the Application for Payment, that that, to the best of the Design Professional’s knowledge, information and belief, the Work has progressed to the point indicated and that, to that the best of the Architect/Engineer’s knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial and Final Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents correctable prior to Final Completion completion and to specific qualifications expressed by the Architect/EngineerDesign Professional. The issuance of a Certificate for Payment will further constitute a representation that the Prime Contractor CM/GC is entitled to payment in the amount certified. However, subject to the Owner’s approval. The issuance of a Certificate for Payment is will not be a representation that the Architect/Engineer has: Design Professional 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 the Owner to substantiate the Prime ContractorCM/GC’s right to payment; or , or (4) made examination to ascertain how or for what purpose the Prime Contractor CM/GC has used money previously paid on account of the Contract Sum. (d) Whenever the Application for Payment for Work done since the last previous Application for Payment exceeds one hundred dollars ($100.00) in amount, § 10.4.3 The Owner will pay a percentage of the Application, less applicable retainage, shall make payment to the Prime Contractor within thirty CM/GC no more than forty-five (3045) days following Owner’s receipt and approval by the Owner of the Certificate for Payment certified by the Architect/EngineerDesign Professional. The Application may include acceptable nonperishable materials delivered to amount of each such payment shall be the Work or stored as provided amount approved for in Paragraph 9.3(c) and the payment will be allowed on the net invoice value, less taxes and applicable retainage. (e) The City is required to withhold five percent (5%) retainage for public works contracts in which the total contract price estimate at the time of execution is more than $400,000; however, this requirement is applied by the City for all public works contracts in excess of $50,000. The retainage will be withheld by the Owner from each progress payment until final completion less such amounts, if any, otherwise owing by the CM/GC to the Owner or which the Owner shall have the right to withhold as authorized by this Contract. The Owner's approval of the Work by the Contractor, approval of final completion by the ArchitectCM/Engineer, and final acceptance of the Work by the Owner. Unless otherwise required by state law, the retainage percentage as specified above is based upon the original Contract Sum, and will GC's Request for Payment shall not be affected in the event the original Contract Sum is subsequently increased by Change Order. (f) No progress payments shall be made on contracts where performance and payment bonds are not required or furnished. In such instances, payment for the Work performed will be made upon final completion and acceptance by preclude the Owner from the exercise of all Workany of its rights it may have in this Contract, at law or in equity.