Common use of Applications for Progress Payments Clause in Contracts

Applications for Progress Payments. CM will participate in the review and disbursement of Progress Payments to the Contractor and in consultation with the District and the Architect, make recommendations for the disbursement of Progress Payments to the Contractor(s) as follows: 1) CM will assist in the development of procedures for submittal, review, processing and disbursement of Progress Payments to Contractor(s), along with associated forms and reporting systems. 2) Based upon CM’s observations and evaluations of each Application for Progress Payment, CM will review and certify to the District the amount due on each such Application for Progress Payment; CM’s certifications constitute a representation to the District that, based on CM’s observations at the Site, the data in each Application for Progress Payment, and to the best of CM’s knowledge, information and belief, the Work has progressed to the point indicated in the Application for Progress Payment and the quality of the Work is in generally in accordance with the Contract Documents for the Construction Contract. 3) CM’s representations relative to Applications for Progress Payment are subject to an evaluation of the Work for conformity with the Contract Documents for the Construction Contract(s) upon Substantial Completion, results of subsequent tests and procedures, minor deviations from the Contract Documents correctable prior to completion and any specific qualifications expressed by CM in its certification. CM’s issuance of a Certificate pursuant to the preceding shall be a representation that the Contractor(s) is/are entitled to payment in the amount so certified. 4) The issuance of a Certificate for Payment shall not be a representation that the CM has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Contractor’s work, (2) reviewed construction means, methods, techniques, sequences for the Contractor's own work, or procedures, or (3) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum for the Project.