Common use of Applications for Payment Clause in Contracts

Applications for Payment. Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor’s Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid.

Applications for Payment. Based on Engineer’s CONSULTANT's on-site observations as an experienced and qualified design professional professional, on information provided by the Resident Project Representative and on review of Applications applications for Payment payment and the accompanying supporting documentationdata and schedules: a. Determine 1.6.9.1 CONSULTANT shall determine the amounts that Engineer recommends Contractor be paidowing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts. Such recommendations of payment will be in writing and will constitute Engineer’s a representation to OwnerOWNER, based on such observations and review, that, to that the best of Engineer’s knowledge, information and belief, Contractor’s Work work has progressed to the point indicated, and that, to the Work best of CONSULTANT's knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work such work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. In the case of unit price work, Engineer’s CONSULTANT's recommendations of payment will include final determinations of quantities and classifications of Contractor’s Work such work (subject to any subsequent adjustments allowed by the Contract Documents). b. 1.6.9.2 By recommending any payment, Engineer shall payment CONSULTANT will not thereby be deemed to have represented that observations exhaustive, continuous or detailed reviews or examinations have been made by Engineer CONSULTANT to check the quality or quantity of Contractor’s Work Contractor(s)' work as it is furnished and performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer CONSULTANT in this Agreement and the Contract Documents. Neither Engineer’s CONSULTANT's review of Contractor’s Work Contractor(s)' work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will not impose on Engineer CONSULTANT responsibility to supervise, direct, direct or control Contractor’s Work in progress such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, thereto or Contractor’s Contractor(s) compliance with Laws and Regulations laws, rules, regulations, ordinances, codes or orders applicable to Contractor’s their furnishing and performing the Workwork. It will also not impose responsibility on Engineer CONSULTANT to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progresswork, materials, materials or equipment has passed to Owner OWNER free and clear of any lienslien, claims, security interests, interests or encumbrances, or that there may not be other matters at issue between Owner OWNER and Contractor that might affect the amount that should be paid.

Applications for Payment. Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the quality of such Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor’s Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid.

Applications for Payment. Based on Engineer’s ENGINEER's on-site observations as an experienced and qualified design professional and on review of Applications applications for Payment payment and the accompanying supporting documentation: a. Determine data and schedules, ENGINEER shall determine the amounts that Engineer recommends owed to Contractor be paidand recommend in writing payments to Contractor in such amounts. Such recommendations of payment will be in writing and will constitute Engineer’s a representation to OwnerMADISON COUNTY, based on such observations and review, that, to that the best of Engineer’s knowledge, information and belief, Contractor’s Work work has progressed to the point indicated, and that, to the Work best of ENGINEER's knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall ENGINEER will not thereby be deemed to have represented that observations exhaustive, continuous or detailed reviews or examinations have been made by Engineer him to check the quality or quantity of Contractor’s Work 's work as it is furnished and performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer ENGINEER in this Agreement and the Contract Documents. Neither Engineer’s ENGINEER's review of Contractor’s Work 's work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will not impose on Engineer ENGINEER the responsibility to supervise, direct, direct or control Contractor’s Work in progress such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, thereto or Contractor’s 's compliance with Laws and Regulations laws, rules, regulations, ordinances, codes or orders applicable to Contractor’s their furnishing and performing the Workwork. It will also not impose responsibility on Engineer ENGINEER to make any examination to ascertain how or for what purposes any Contractor has used the moneys money paid on account of the Contract Pricecontract price, or to determine that title to any portion of the Work in progresswork, materials, materials or equipment has passed to Owner MADISON COUNTY free and clear of any lienslien, claims, security interests, interests or encumbrances, or that there may not be other matters at issue between Owner MADISON COUNTY and Contractor that might affect the amount that should be paid.

Applications for Payment. Based on EngineerENGINEER’s on-site observations as an experienced and qualified design professional and on review of Applications applications for Payment payment and the accompanying supporting documentation: a. Determine data and schedules, ENGINEER shall determine the amounts that Engineer recommends owed to Contractor be paidand recommend in writing payments to Contractor in such amounts. Such recommendations of payment will be in writing and will constitute Engineer’s a representation to OwnerCLIENT, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of EngineerENGINEER’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the Work quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall ENGINEER will not thereby be deemed to have represented that observations exhaustive, continuous or detailed reviews or examinations have been made by Engineer to check the quality or quantity of Contractor’s Work work as it is furnished and performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer ENGINEER in this Agreement and the Contract Documents. Neither EngineerENGINEER’s review of Contractor’s Work work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will not impose on Engineer ENGINEER responsibility to supervise, direct, direct or control Contractor’s Work in progress such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, thereto or Contractor’s compliance with Laws and Regulations laws, rules, regulations, ordinances, codes or orders applicable to Contractor’s their furnishing and performing the Workwork. It will also not impose responsibility on Engineer ENGINEER to make any examination to ascertain how or for what purposes any Contractor has used the moneys money paid on account of the Contract Pricecontract price, or to determine that title to any portion of the Work in progresswork, materials, materials or equipment has passed to Owner CLIENT free and clear of any lienslien, claims, security interests, interests or encumbrances, or that there may not be other matters at issue between Owner CLIENT and Contractor that might affect the amount that should be paid.

Applications for Payment. Based on Engineerthe Consultant’s observations as an experienced and qualified design professional and on review of Applications applications for Payment payment and accompanying supporting documentation: a. : Determine the amounts that Engineer the Consultant recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineerthe Consultant’s representation to Ownerthe Board, based on such observations and review, that, to the best of Engineerthe Consultant’s knowledge, information and belief, Contractor’s Work work has progressed to the point indicated, the Work such work-in-progress is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far insofar as it is Engineerthe Consultant’s responsibility to observe Contractor’s Workso determine. In the case of unit price work, Engineerthe Consultant’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s Work (subject to any subsequent adjustments allowed by the Contract Documents). b. work, based on observations and measurements of quantities provided with pay requests. By recommending any payment, Engineer the Consultant shall not thereby be deemed to have represented that observations made by Engineer the Consultant to check the quality or quantity of Contractor’s Work work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer the Consultant in this Agreement and the Contract DocumentsAgreement. Neither Engineerthe Consultant’s review of Contractor’s Work work for the purposes of recommending payments nor Engineerthe Consultant’s recommendation of any payment including final payment will impose on Engineer the Consultant responsibility to supervise, direct, or control Contractor’s Work work in progress or for the means, methods, techniques, equipment choice and usage, sequences, or procedures of construction or of safety precautions or programs incident thereto, or nor Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer the Consultant to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or nor to determine that title to any portion of the Work work in progress, materials, or equipment has passed to Owner the Board free and clear of any liens, claims, security interests, or encumbrances, or nor that there may not be other matters at issue between Owner the Board and Contractor that might affect the amount that should be paid.

Applications for Payment. Based on Engineer’s ENGINEER's on-site observations as an experienced and qualified design professional and on review of Applications applications for Payment payment and the accompanying supporting documentation: a. Determine data and schedules, ENGINEER shall determine the amounts that Engineer recommends owed to Contractor be paidand recommend in writing payments to Contractor in such amounts. Such recommendations of payment will be in writing and will constitute Engineer’s a representation to OwnerCLIENT, based on such observations and review, that, to that the best of Engineer’s knowledge, information and belief, Contractor’s Work work has progressed to the point indicated, and that, to the Work best of ENGINEER's knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall ENGINEER will not thereby be deemed to have represented that observations exhaustive, continuous or detailed reviews or examinations have been made by Engineer him to check the quality or quantity of Contractor’s Work 's work as it is furnished and performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer ENGINEER in this Agreement and the Contract Documents. Neither Engineer’s ENGINEER's review of Contractor’s Work 's work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will not impose on Engineer ENGINEER the responsibility to supervise, direct, direct or control Contractor’s Work in progress such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, thereto or Contractor’s 's compliance with Laws and Regulations laws, rules, regulations, ordinances, codes or orders applicable to Contractor’s their furnishing and performing the Workwork. It will also not impose responsibility on Engineer ENGINEER to make any examination to ascertain how or for what purposes any Contractor has used the moneys money paid on account of the Contract Pricecontract price, or to determine that title to any portion of the Work in progresswork, materials, materials or equipment has passed to Owner CLIENT free and clear of any lienslien, claims, security interests, interests or encumbrances, or that there may not be other matters at issue between Owner CLIENT and Contractor that might affect the amount that should be paid.

Applications for Payment. Based on EngineerENGINER’s on-site observations as an experienced and qualified design professional and on review of Applications for Payment and the accompanying supporting documentation: a. Determine data and schedules: ENGINEER shall determine the amounts that Engineer ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineerconstituted ENGINEER’s representation to OwnerOWNER, based on such observations and review, that, to the best of EngineerENGINEER’s knowledge, information and belief, Contractor’s Work the work has progressed progress to the point indicated, the Work quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work such work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is EngineerENGINEER’s responsibility to observe Contractor’s Workthe work. In the case of unit price work, EngineerENGINEER’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s Work such work (subject to any subsequent adjustments allowed by the Contract Documents). b. . The responsibilities of ENGINEER contained in this paragraph and other express or general limitations in this Agreement and elsewhere. By recommending any payment, Engineer ENGINEER shall not thereby be deemed to have represented that observations onsite observation made by Engineer ENGINEER to check the quality or quantity of Contractor’s Work work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work the work in progress, or have involved detailed inspections inspection of the Work work beyond the responsibilities specifically assigned to Engineer ENGINEER in this Agreement and the Contract Documents. Neither EngineerENGINEER’s review of Contractor’s Work work for the purposes of purposed or recommending payments nor EngineerENGINEER’s recommendation recommendations of any payment (including final payment payment) will impose on Engineer ENGINEER responsibility to supervise, direct, or control Contractor’s Work in progress such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or ContractorContactor’s compliance with Laws and Regulations laws, rules, regulations, ordinances, codes, or orders applicable to Contractor’s furnishing and performing the Workwork. It will also not impose responsibility on Engineer ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, contract Price or to determine that title to any portion of the Work in progresswork, materials, or equipment has passed to Owner the OWNER free and clear of any liens, claims, security interestsinterest, or encumbrances, encumbrances or that there may not be other matters at issue between Owner OWNER and Contractor that might affect the amount that should be paid. Engineer to provide Pay Application support and coordination related for EDA and SRF funding sources.

Applications for Payment. Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer’s representation to OwnerCLIENT, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor’s Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner CLIENT free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner CLIENT and Contractor that might affect the amount that should be paid.

Applications for Payment. Based on Engineer’s the ENGINEER'S on-site observations as an experienced and qualified design professional and on review of Applications applications for Payment payment and the accompanying supporting documentationdata and schedules: a. Determine 1.2.7.1 The ENGINEER shall determine the amounts that Engineer recommends owed to Contractor be paidand recommend in writing payments to Contractor in such amounts. Such recommendations of payment will be in writing and will constitute Engineer’s a representation to OwnerOWNER, based on such observations and review, that, to that the best of Engineer’s knowledge, information and belief, Contractor’s Work work has progressed to the point indicated, and that, to the Work best of the ENGINEER'S knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. In the case of unit price work, Engineer’s the ENGINEER's recommendations of payment will include final determinations of quantities and classifications classification of Contractor’s Work such work (subject to any subsequent adjustments allowed by the Contract Documents). b. 1.2.7.2 By recommending any payment, Engineer the ENGINEER shall not thereby be deemed to have represented that on-site observations made by Engineer the ENGINEER to check the quality or quantity of Contractor’s Work 's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work the work in progress, or involved detailed inspections of the Work work beyond the responsibilities specifically assigned to Engineer the ENGINEER in this Agreement and the Contract Documents. Neither Engineer’s The ENGINEER'S review of Contractor’s Work 's work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will not impose on Engineer the ENGINEER responsibility to supervise, direct, direct or control Contractor’s Work in progress such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, thereto or Contractor’s 's compliance with Laws and Regulations laws, rules, regulations, ordinances, codes or orders applicable to Contractor’s their furnishing and performing the Workwork. It will also not impose responsibility on Engineer the ENGINEER to make any examination to ascertain how or for what purposes any Contractor has used the moneys monies paid on account of the Contract Pricecontract price, or to determine that title to any portion of the Work in progresswork, materials, materials or equipment has passed to Owner OWNER free and clear of any lienslien, claims, security interests, interests or encumbrances, or that there may not be other matters at issue between Owner OWNER and Contractor that might affect the amount that should be paid.

Applications for Payment. Based on EngineerENGINEER’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute EngineerENGINEER’s representation to OwnerOWNER, based on such observations and review, that, to the best of EngineerENGINEER’s knowledge, information and belief, Contractor’s Work work has progressed to the point indicated, the Work quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall ENGINEER will not thereby be deemed to have represented that observations made by Engineer ENGINEER to check the quality or quantity of Contractor’s Work work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work work in progress, or involved detailed inspections of the Work work beyond the responsibilities specifically assigned to Engineer ENGINEER in this Agreement and the Contract Documents. Neither EngineerENGINEER’s review of Contractor’s Work work for the purposes of recommending payments nor EngineerENGINEER’s recommendation of any payment including final payment will impose on Engineer ENGINEER responsibility to supervise, direct, or control Contractor’s Work work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Workwork. It will also not impose responsibility on Engineer ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work work in progress, materials, or equipment has passed to Owner OWNER free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner OWNER and Contractor that might affect the amount that should be paid.

Applications for Payment. Based on Engineer’s CITY'S on-site observations as an experienced and qualified design professional professional, on information provided by the Resident Project Representative and on review of Applications applications for Payment payment and the accompanying supporting documentationdata and schedules: a. Determine 2.5.9.1. CITY shall determine the amounts that Engineer recommends Contractor be paidowing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts and the OWNER shall verify the amounts. Such recommendations of payment will be in writing and will constitute Engineer’s a representation to OwnerOWNER, based on such observations and review, that, to that the best of Engineer’s knowledge, information and belief, Contractor’s Work work has progressed to the point indicated, and that, to the Work best of CITY'S knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work such work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. In the case of unit price work, Engineer’s CITY'S recommendations of payment will include final determinations of quantities and classifications of Contractor’s Work such work (subject to any subsequent adjustments allowed by the Contract Documents). b. 2.5.9.2. By recommending any payment, Engineer shall payment CITY will not thereby be deemed to have represented that observations exhaustive, continuous or detailed reviews or examinations have been made by Engineer CITY to check the quality or quantity of Contractor’s Work Contractor(s)' work as it is furnished and performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer CITY in this Agreement and the Contract Documents. Neither Engineer’s CITY'S review of Contractor’s Work Contractor(s)' work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will not impose on Engineer CITY responsibility to supervise, direct, direct or control Contractor’s Work in progress such work or for the means, methods, techniques, sequences, sequences or procedures of construction or safety precautions or programs incident thereto, thereto or Contractor’s Contractor(s)' compliance with Laws and Regulations laws, rules, regulations, ordinances, codes or orders applicable to Contractor’s their furnishing and performing the Workwork. It will also not impose on CITY responsibility on Engineer to make any examination to ascertain how or for what purposes any Contractor has used the moneys money paid on account of the Contract Price, or to determine that title to any portion of the Work in progresswork, materials, materials or equipment has passed to Owner OWNER free and clear of any lienslien, claims, security interests, interests or encumbrances, or that there may not be other matters at issue between Owner OWNER and Contractor that might affect the amount that should be paid.