Common use of Construction Phase Payments Clause in Contracts

Construction Phase Payments. Payments for Construction Phase Services shall be made as provided for in the Uniform General Conditions for University of Texas System Building Construction Contracts and the Owner’s Specifications. All payment requests shall be submitted on an Application for Payment with a schedule of values approved by the Owner and include all required attachments identifying payments to Historically Underutilized Businesses and to all Subcontractors. Payment for approved Change Orders shall be made as part of the Construction Manager's Application for Payment. Failure to submit “HUB Progress Assessment Report Documentations of Subcontracted Work” form with each Application for Payment Application will cause rejection of the application by the Owner and its return to the Construction Manager. The Construction Manager’s Construction Phase Fee shall be shown as a separate line item on the Schedule of Values. Payment of the Construction Manager’s Construction Phase Fee shall be made with each Application for Payment in the same proportion as the percentage completion of the Cost of the Work of the Project. For General Conditions Costs, Construction Manager’s Application for Payment shall include complete copies of all receipts, invoices with check vouchers or other evidence of payment, payrolls, and any and all other evidence which Owner or its designated representatives shall deem necessary to support the amount requested. This information is subject to audit and payment for these costs is dependant on Owner’s receipt of accurate and complete records of all transactions. Owner may reduce the amount requested for General Conditions Costs in any Application for Payment if the Owner, in its good faith judgment, determines that the unpaid balance of the General Conditions line item in the schedule of values is not sufficient to fund necessary General Conditions Costs for the remainder of the Project. Pay requests for Subcontractor work included in an Application for Payment shall not exceed the percentage of Work allocated to that Subcontractor for each respective schedule of values work classification which has been actually completed and shall not exceed the total value of the subcontract amount. Construction Manager’s Request for Final Payment shall not be made until all Work is completed and all requirements of the Contract Documents have been satisfied including, without limitation: delivery to Owner of a complete release of all liens and claims arising out of the Work; written consent of surety to release of final payment; and an affidavit that, to the best of Construction Manager information, knowledge and belief, the release includes and covers all materials and services over which Construction Manager has control and for which a lien could be filed and that all known debts and claims arising from the Project have been satisfied. Alternatively, Construction Manager may, at its sole expense, furnish a bond satisfactory to Owner to indemnify Owner against any lien arising out of the Work. If any lien is asserted against Owner after all payments are made, Construction Manager shall reimburse Owner for all damages and costs Owner may incur in discharging such lien, including all costs or court and reasonable attorneys’ fees, and Owner shall retain all other remedies available to it at law and in equity. Owner shall have no obligation to make Final Payment until a complete and final accounting of the Direct Construction Cost has been submitted by Construction Manager and has been audited and verified by Owner or Owner’s representatives. Nothing contained herein shall require the Owner to pay the Construction Manager an aggregate amount for Construction Phase Services that exceeds the Guaranteed Maximum Price or to make any payment if, in the Owner’s belief, the cost to complete the Work would exceed the Guaranteed Maximum Price less previous payments to Construction Manager. The total amount of all Construction Phase payments to the Construction Manager shall not exceed the actual verified Direct Construction Cost for the Project plus the Construction Manager’s Construction Phase Fee. The acceptance by Construction Manager or Construction Manager's successors of Final Payment under this Agreement, shall constitute a full and complete release of Owner from any and all claims, demands, and causes of action whatsoever that Construction Manager, its Subcontractors, suppliers and consultants or any of their successors or assigns have or may have against Owner arising from the Project or any provision(s) of this Agreement except for those previously made in writing and identified by Construction Manager as unsettled at the time of the Request for Final Payment.

Construction Phase Payments. Payments for Construction Phase Services shall be made as provided for in the Uniform General Conditions for University of Texas System Building Construction Contracts and the Owner’s Specifications. All payment requests shall be submitted on an Application for Payment with a schedule of values approved by the Owner and include all required attachments identifying payments to Historically Underutilized Businesses and to all Subcontractors. Payment for approved Change Orders shall be made as part of the Construction ManagerDesign/Build Contractor's Application for Payment. Failure to submit “HUB Progress Assessment Report Documentations of Subcontracted Work” form with each Application for Payment Application will cause rejection of the application by the Owner and its return to the Construction ManagerDesign/Build Contractor. The Construction ManagerDesign/Build Contractor’s Construction Phase Fee and Construction Contract Administration Fee shall each be shown as a separate line item items on the Schedule of Values. Payment of the Construction ManagerDesign/Build Contractor’s Construction Phase Fee shall be made with each Application for Payment in the same proportion as the percentage completion of the Cost of the Work of the Project. For General Conditions Costs, Construction ManagerDesign/Build Contractor’s Application for Payment shall include complete copies of all receipts, invoices with check vouchers or other evidence of payment, payrolls, and any and all other evidence which Owner or its designated representatives shall deem necessary to support the amount requested. This information is subject to audit and payment for these costs is dependant on Owner’s receipt of accurate and complete records of all transactions. Owner may reduce the amount requested for General Conditions Costs in any Application for Payment if the Owner, in its good faith judgment, determines that the unpaid balance of the General Conditions line item in the schedule of values is not sufficient to fund necessary General Conditions Costs for the remainder of the Project. Pay requests for Subcontractor work included in an Application for Payment shall not exceed the percentage of Work allocated to that Subcontractor for each respective schedule of values work classification which has been actually completed and shall not exceed the total value of the subcontract amount. Construction ManagerDesign/Build Contractor’s Request for Final Payment shall not be made until all Work is completed and all requirements of the Contract Documents have been satisfied including, without limitation: delivery to Owner of a complete release of all liens and claims arising out of the Work; written consent of surety to release of final payment; and an affidavit that, to the best of Construction Manager Design/Build Contractor information, knowledge and belief, the release includes and covers all materials and services over which Construction Manager Design/Build Contractor has control and for which a lien could be filed and that all known debts and claims arising from the Project have been satisfied. Alternatively, Construction Manager Design/Build Contractor may, at its sole expense, furnish a bond satisfactory to Owner to indemnify Owner against any lien arising out of the Work. If any lien is asserted against Owner after all payments are made, Construction Manager Design/Build Contractor shall reimburse Owner for all damages and costs Owner may incur in discharging such lien, including all costs or court and reasonable attorneys’ fees, and Owner shall retain all other remedies available to it at law and in equity. Owner shall have no obligation to make Final Payment until a complete and final accounting of the Direct Construction Cost has been submitted by Construction Manager Design/Build Contractor and has been audited and verified by Owner or Owner’s representatives. Nothing contained herein shall require the Owner to pay the Construction Manager Design/Build Contractor an aggregate amount for Construction Phase Services that exceeds the Guaranteed Maximum Price or to make any payment if, in the Owner’s belief, the cost to complete the Work would exceed the Guaranteed Maximum Price less previous payments to Construction ManagerDesign/Build Contractor. The total amount of all Construction Phase payments to the Construction Manager Design/Build Contractor shall not exceed the actual verified Direct Construction Cost for the Project plus the Construction ManagerDesign/Build Contractor’s Construction Phase Fee. The acceptance by Construction Manager Design/Build Contractor or Construction ManagerDesign/Build Contractor's successors of Final Payment under this Agreement, shall constitute a full and complete release of Owner from any and all claims, demands, and causes of action whatsoever that Construction ManagerDesign/Build Contractor, its Subcontractors, suppliers and consultants or any of their successors or assigns have or may have against Owner arising from the Project or any provision(s) of this Agreement except for those previously made in writing and identified by Construction Manager Design/Build Contractor as unsettled at the time of the Request for Final Payment.

Construction Phase Payments. Payments for Construction Phase Services shall be made as provided for in the Uniform General Conditions for University of Texas System Building Construction Contracts and the Owner’s Specifications. All payment requests shall be submitted on an Application for Payment with a schedule of values approved by the Owner and include all required attachments identifying payments to Historically Underutilized Businesses and to all Subcontractors. Payment for approved Change Orders shall be made as part of the Construction Manager's Application for Payment. Failure to submit “HUB Progress Assessment Report Documentations of Subcontracted Work” form with each Application for Payment Application will cause rejection of the application by the Owner and its return to the Construction Manager. The Construction Manager’s Construction Phase Fee shall be shown as a separate line item on the Schedule of Values. Payment of the Construction Manager’s Construction Phase Fee shall be made with each Application for Payment in the same proportion as the percentage completion of the Cost of the Work of the Project. For General Conditions Costs, Construction Manager’s Application for Payment shall include complete copies of all receipts, invoices with check vouchers or other evidence of payment, payrolls, and any and all other evidence which Owner or its designated representatives shall deem necessary to support the amount requested. This information is subject to audit and payment for these costs is dependant dependent on Owner’s receipt of accurate and complete records of all transactions. Owner may reduce the amount requested for General Conditions Costs in any Application for Payment if the Owner, in its good faith judgment, determines that the unpaid balance of the General Conditions line item in the schedule of values is not sufficient to fund necessary General Conditions Costs for the remainder of the Project. Pay requests for Subcontractor work included in an Application for Payment shall not exceed the percentage of Work allocated to that Subcontractor for each respective schedule of values work classification which has been actually completed and shall not exceed the total value of the subcontract amount. Construction Manager’s Request for Final Payment shall not be made until all Work is completed and all requirements of the Contract Documents have been satisfied including, without limitation: delivery to Owner of a complete release of all liens and claims arising out of the Work; written consent of surety to release of final payment; and an affidavit that, to the best of Construction Manager information, knowledge and belief, the release includes and covers all materials and services over which Construction Manager has control and for which a lien could be filed and that all known debts and claims arising from the Project have been satisfied. Alternatively, Construction Manager may, at its sole expense, furnish a bond satisfactory to Owner to indemnify Owner against any lien arising out of the Work. If any lien is asserted against Owner after all payments are made, Construction Manager shall reimburse Owner for all damages and costs Owner may incur in discharging such lien, including all costs or court and reasonable attorneys’ fees, and Owner shall retain all other remedies available to it at law and in equity. Owner shall have no obligation to make Final Payment until a complete and final accounting of the Direct Construction Cost has been submitted by Construction Manager and has been audited and verified by Owner or Owner’s representatives. Nothing contained herein shall require the Owner to pay the Construction Manager an aggregate amount for Construction Phase Services that exceeds the Guaranteed Maximum Price or to make any payment if, in the Owner’s belief, the cost to complete the Work would exceed the Guaranteed Maximum Price less previous payments to Construction Manager. The total amount of all Construction Phase payments to the Construction Manager shall not exceed the actual verified Direct Construction Cost for the Project plus the Construction Manager’s Construction Phase Fee. The acceptance by Construction Manager or Construction Manager's successors of Final Payment under this Agreement, shall constitute a full and complete release of Owner from any and all claims, demands, and causes of action whatsoever that Construction Manager, its Subcontractors, suppliers and consultants or any of their successors or assigns have or may have against Owner arising from the Project or any provision(s) of this Agreement except for those previously made in writing and identified by Construction Manager as unsettled at the time of the Request for Final Payment.

Construction Phase Payments. Payments for Construction Phase Services shall be made as provided for in the Uniform General and Supplementary Conditions for University of Texas System Building Construction Contracts and the Owner’s Specifications. All payment requests shall be submitted on an Application for Payment with a schedule of values approved by the Owner and include all required attachments identifying payments to Historically Underutilized Businesses and to all Subcontractors. Payment for approved Change Orders shall be made as part of the Construction ManagerDesign/Build Contractor's Application for Payment. Failure to submit “HUB Progress Assessment Report Documentations of Subcontracted Work” form with each Application for Payment Application will cause rejection of the application by the Owner and its return to the Construction ManagerDesign/Build Contractor. The Construction ManagerDesign/Build Contractor’s Construction Phase Fee and Construction Contract Administration Fee shall each be shown as a separate line item items on the Schedule of Values. Payment of the Construction ManagerDesign/Build Contractor’s Construction Phase Fee shall be made with each Application for Payment in the same proportion as the percentage completion of the Cost of the Work of the Project. For General Conditions Costs, Construction ManagerDesign/Build Contractor’s Application for Payment shall include complete copies of all receipts, invoices with check vouchers or other evidence of payment, payrolls, and any and all other evidence which Owner or its designated representatives shall deem necessary to support the amount requested. This information is subject to audit and payment for these costs is dependant on Owner’s receipt of accurate and complete records of all transactions. Owner may reduce the amount requested for General Conditions Costs in any Application for Payment if the Owner, in its good faith judgment, determines that the unpaid balance of the General Conditions line item in the schedule of values is not sufficient to fund necessary General Conditions Costs for the remainder of the Project. Pay requests for Subcontractor work included in an Application for Payment shall not exceed the percentage of Work allocated to that Subcontractor for each respective schedule of values work classification which has been actually completed and shall not exceed the total value of the subcontract amount. Construction ManagerDesign/Build Contractor’s Request for Final Payment shall not be made until all Work is completed and all requirements of the Contract Documents have been satisfied including, without limitation: delivery to Owner of a complete release of all liens and claims arising out of the Work; written consent of surety to release of final payment; and an affidavit that, to the best of Construction Manager Design/Build Contractor information, knowledge and belief, the release includes and covers all materials and services over which Construction Manager Design/Build Contractor has control and for which a lien could be filed and that all known debts and claims arising from the Project have been satisfied. Alternatively, Construction Manager Design/Build Contractor may, at its sole expense, furnish a bond satisfactory to Owner to indemnify Owner against any lien arising out of the Work. If any lien is asserted against Owner after all payments are made, Construction Manager Design/Build Contractor shall reimburse Owner for all damages and costs Owner may incur in discharging such lien, including all costs or court and reasonable attorneys’ fees, and Owner shall retain all other remedies available to it at law and in equity. Owner shall have no obligation to make Final Payment until a complete and final accounting of the Direct Construction Cost has been submitted by Construction Manager Design/Build Contractor and has been audited and verified by Owner or Owner’s representatives. Nothing contained herein shall require the Owner to pay the Construction Manager Design/Build Contractor an aggregate amount for Construction Phase Services that exceeds the Guaranteed Maximum Price or to make any payment if, in the Owner’s belief, the cost to complete the Work would exceed the Guaranteed Maximum Price less previous payments to Construction ManagerDesign/Build Contractor. The total amount of all Construction Phase payments to the Construction Manager Design/Build Contractor shall not exceed the actual verified Direct Construction Cost for the Project plus the Construction ManagerDesign/Build Contractor’s Construction Phase Fee. The acceptance by Construction Manager Design/Build Contractor or Construction ManagerDesign/Build Contractor's successors of Final Payment under this Agreement, shall constitute a full and complete release of Owner from any and all claims, demands, and causes of action whatsoever that Construction ManagerDesign/Build Contractor, its Subcontractors, suppliers and consultants or any of their successors or assigns have or may have against Owner arising from the Project or any provision(s) of this Agreement except for those previously made in writing and identified by Construction Manager Design/Build Contractor as unsettled at the time of the Request for Final Payment.

Construction Phase Payments. Payments for Construction Phase Services shall be made as provided for in the Uniform General and Supplementary Conditions for University of Texas System Building Construction Contracts and the Owner’s Specifications. All payment requests shall be submitted on an Application for Payment with a schedule of values approved by the Owner and include all required attachments identifying payments to Historically Underutilized Businesses and to all Subcontractors. Payment for approved Change Orders shall be made as part of the Construction Manager's Application for Payment. Failure to submit “HUB Progress Assessment Report Documentations of Subcontracted Work” form with each Application for Payment Application will cause rejection of the application by the Owner and its return to the Construction Manager. The Construction Manager’s Construction Phase Fee shall be shown as a separate line item on the Schedule of Values. Payment of the Construction Manager’s Construction Phase Fee shall be made with each Application for Payment in the same proportion as the percentage completion of the Cost of the Work of the Project. For General Conditions Costs, Construction Manager’s Application for Payment shall include complete copies of all receipts, invoices with check vouchers or other evidence of payment, payrolls, and any and all other evidence which Owner or its designated representatives shall deem necessary to support the amount requested. This information is subject to audit and payment for these costs is dependant on Owner’s receipt of accurate and complete records of all transactions. Owner may reduce the amount requested for General Conditions Costs in any Application for Payment if the Owner, in its good faith judgment, determines that the unpaid balance of the General Conditions line item in the schedule of values is not sufficient to fund necessary General Conditions Costs for the remainder of the Project. Pay requests for Subcontractor work included in an Application for Payment shall not exceed the percentage of Work allocated to that Subcontractor for each respective schedule of values work classification which has been actually completed and shall not exceed the total value of the subcontract amount. Construction Manager’s Request for Final Payment shall not be made until all Work is completed and all requirements of the Contract Documents have been satisfied including, without limitation: delivery to Owner of a complete release of all liens and claims arising out of the Work; written consent of surety to release of final payment; and an affidavit that, to the best of Construction Manager information, knowledge and belief, the release includes and covers all materials and services over which Construction Manager has control and for which a lien could be filed and that all known debts and claims arising from the Project have been satisfied. Alternatively, Construction Manager may, at its sole expense, furnish a bond satisfactory to Owner to indemnify Owner against any lien arising out of the Work. If any lien is asserted against Owner after all payments are made, Construction Manager shall reimburse Owner for all damages and costs Owner may incur in discharging such lien, including all costs or court and reasonable attorneys’ fees, and Owner shall retain all other remedies available to it at law and in equity. Owner shall have no obligation to make Final Payment until a complete and final accounting of the Direct Construction Cost has been submitted by Construction Manager and has been audited and verified by Owner or Owner’s representatives. Nothing contained herein shall require the Owner to pay the Construction Manager an aggregate amount for Construction Phase Services that exceeds the Guaranteed Maximum Price or to make any payment if, in the Owner’s belief, the cost to complete the Work would exceed the Guaranteed Maximum Price less previous payments to Construction Manager. The total amount of all Construction Phase payments to the Construction Manager shall not exceed the actual verified Direct Construction Cost for the Project plus the Construction Manager’s Construction Phase Fee. The acceptance by Construction Manager or Construction Manager's successors of Final Payment under this Agreement, shall constitute a full and complete release of Owner from any and all claims, demands, and causes of action whatsoever that Construction Manager, its Subcontractors, suppliers and consultants or any of their successors or assigns have or may have against Owner arising from the Project or any provision(s) of this Agreement except for those previously made in writing and identified by Construction Manager as unsettled at the time of the Request for Final Payment.

Construction Phase Payments. Payments for Pre-Construction Phase Services shall be made monthly based on the percentage completion of the Construction Manager’s required services for each stage of development of the Construction Documents and the procurement of Subcontractor bids/proposals in accordance with the following schedule: Pre Design Phase (Program) 5% Schematic Design Stage 10% Design Development Stage 20% GMP Development Stage 20% Construction Documents Stage 40% Subcontractor Bid/Proposal Stage 5% All payment requests for Pre-Construction Phase Services shall be submitted on an Application for Payment and Schedule of Values approved by the Owner and includes all required attachments identifying payments to Historically Underutilized Businesses and to all Subcontractors. Payments for Construction Phase Services shall be made as provided for in the Uniform General Conditions for University of Texas System Building Construction Contracts UGC and the Owner’s Specifications. All payment requests shall be submitted on an Application for Payment with a schedule of values approved by the Owner and include all required attachments identifying payments to Historically Underutilized Businesses and to all Subcontractors. Payment for approved Change Orders shall be made as part of the Construction Manager's Application for Payment. Failure to submit “HUB Progress Assessment Report Documentations of Subcontracted Work” form with each Application for Payment Application will cause rejection of the application by the Owner and its return to the Construction Manager. The Construction Manager’s Construction Phase Fee shall be shown as a separate line item on the Schedule of Values. Payment of the Construction Manager’s Construction Phase Fee shall be made with each Application for Payment in the same proportion as the percentage completion of the Cost of the Work of the Project. For General Conditions Costs, Construction Manager’s Application for Payment shall include complete copies of all receipts, invoices with check vouchers or other evidence of payment, payrolls, and any and all other evidence which Owner or its designated representatives shall deem necessary to support the amount requested. This information is subject to audit and payment for these costs is dependant dependent on Owner’s receipt of accurate and complete records of all transactions. Owner may reduce the amount requested for General Conditions Costs in any Application for Payment if the Owner, in its good faith judgment, determines that the unpaid balance of the General Conditions line item in the schedule of values is not sufficient to fund necessary General Conditions Costs for the remainder of the Project. Pay requests for Subcontractor work included in an Application for Payment shall not exceed the percentage of Work allocated to that Subcontractor for each respective schedule of values work classification which has been actually completed and shall not exceed the total value of the subcontract amount. Construction Manager’s Request for Final Payment shall not be made until all Work is completed and all requirements of the Contract Documents have been satisfied including, without limitation: delivery to Owner of a complete release of all liens and claims arising out of the Work; written consent of surety to release of final payment; and an affidavit that, to the best of Construction Manager information, knowledge and belief, the release includes and covers all materials and services over which Construction Manager has control and for which a lien could be filed and that all known debts and claims arising from the Project have been satisfied. Alternatively, Construction Manager may, at its sole expense, furnish a bond satisfactory to Owner to indemnify Owner against any lien arising out of the Work. If any lien is asserted against Owner after all payments are made, Construction Manager shall reimburse Owner for all damages and costs Owner may incur in discharging such lien, including all costs or court and reasonable attorneys’ fees, and Owner shall retain all other remedies available to it at law and in equity. Owner shall have no obligation to make Final Payment until a complete and final accounting of the Direct Construction Cost has been submitted by Construction Manager and has been audited and verified by Owner or Owner’s representatives. Nothing contained herein shall require the Owner to pay the Construction Manager an aggregate amount for Construction Phase Services that exceeds the Guaranteed Maximum Price or to make any payment if, in the Owner’s belief, the cost to complete the Work would exceed the Guaranteed Maximum Price less previous payments to Construction Manager. The total amount of all Construction Phase payments to the Construction Manager shall not exceed the actual verified Direct Construction Cost for the Project plus the Construction Manager’s Construction Phase Fee. The acceptance by Construction Manager or Construction Manager's successors of Final Payment under this Agreement, shall constitute a full and complete release of Owner from any and all claims, demands, and causes of action whatsoever that Construction Manager, its Subcontractors, suppliers and consultants or any of their successors or assigns have or may have against Owner arising from the Project or any provision(s) of this Agreement except for those previously made in writing and identified by Construction Manager as unsettled at the time of the Request for Final Payment.