Common use of PAYMENT FOR THE PROJECT Clause in Contracts

PAYMENT FOR THE PROJECT. 13 A. At monthly intervals, the District shall submit a written request to the County 14 for payment of specified costs incurred in the performance of this Agreement. The request for the 15 County to make such a payment shall be in accordance with the exemplar Project Pay Request 16 Form, attached as Exhibit 2, and incorporated by this reference. The request shall also be 18 with the amount of work that has been completed, and that the work is in accordance with the 19 construction contract documents and this Agreement. The request for payment shall also be 20 accompanied by documentation acceptable to the County, such as checks, invoices, or vouchers 21 for services or materials purchased, contractor's costs, or other costs chargeable to the Project. 22 The first construction progress payment request shall also be accompanied by documentation 23 demonstrating that all construction-related required permits have been issued by the County. After 24 appropriate review and inspection, the County shall make payment from CDBG funds provided in 25 this Agreement for all eligible costs specified herein up to the maximum amount payable under 26 Section I. 27 B. Any savings realized in the final cost of the Project, due to Project cost 28 and/or scope of work reductions, liquidated damages, or any other reason, shall be used to reduce 1 the amount of this Project paid for with CDBG funds in the same pro rata share that CDBG funds 2 were used in payment of the Project. If the District is required to provide any additional funds 3 toward the Project other than described in this Agreement, any cost savings shall be first used to 4 reimburse the District for its contribution in excess of the total amount provided by this Agreement. 5 C. Payment for advertising and award shall be based on the actual costs of 6 printing and noticing. 7 D. The County shall not be bound by any agreement between the District and 8 its agents. 9 E. The County may withhold payment of the final payment request made by 10 the District until evidence is submitted to the County that a maintenance plan has been prepared 11 and adopted for the improvements constructed with CDBG funds. 12 F. Upon the completion of the Project, the District shall submit to the 13 Division a written request for final payment of costs, which shall provide a detailed description 14 of the Project pay items and costs. The final pay request shall be in accordance with Exhibit 2 15 to this Agreement. The County shall not be obligated to make any payments under this 16 Agreement if the request for payment is submitted by the District more than sixty (60) calendar 17 days after the NOC has been filed with the County Recorder’s Office. An extension to the sixty 18 (60) calendar day period may be granted by the Director prior to the deadline if the District can 19 demonstrate just cause for the delay. 20 G. The County may withhold payment of the final payment request made by 21 the District until a final POM, recorded NOC, written summary of all Project work completed with 22 CDBG and other funds, and evidence of compliance with the Section 3 clause, as specified in 23 Sections III-R and IV-D, have been submitted to the County. 24 H. All requests for payment and supporting documentation shall be sent to: 25 Business Manager County of Fresno 26 Department of Public Works and Planning Financial Services Division ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ Fresno, CA 93721 28 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (if submitted by email) 1 I. The District shall establish accounting and bookkeeping procedures in 2 accordance with standard accounting and bookkeeping practices, including, but not limited to, 3 employee timecards, payrolls, and other records of all transactions to be paid with CDBG funds in 4 accordance with the performance of this Agreement. All records and accounts shall be available 5 for inspection by the County, the State of California, if applicable, the Comptroller General of the 6 United States, and HUD or any of their duly authorized representatives, at all reasonable times for

PAYMENT FOR THE PROJECT. 13 20 A. At monthly intervals, the District shall submit a written request to the County 14 21 for payment of specified costs incurred in the performance of this Agreement. The request for the 15 22 County to make such a payment shall be in accordance with the exemplar Project Pay Request 16 Form, 23 Form attached hereto as Exhibit 2, 2 and incorporated herein by this reference. The request shall also 24 be 18 accompanied by a written certification from the District that the request for payment is consistent 25 with the amount of work that has been completed, and that the said work is in accordance with the 19 construction 26 contract documents and this Agreement. The request for payment shall also be 20 accompanied by 27 documentation acceptable to the County, such as checks, invoices, invoices or vouchers 21 for services or 28 materials purchased, contractor's costs, or other costs chargeable to the Project. 22 The first construction progress payment request shall also be accompanied by documentation 23 demonstrating that all construction-related required permits have been issued by the County. After 24 appropriate 1 review and inspection, the County shall make payment from CDBG funds provided in 25 this 2 Agreement for all eligible costs specified herein up to the maximum amount payable under 26 Section I.Section 27 4 B. Any savings realized in the final cost of the Project, due to Project cost 28 5 and/or scope of work reductions, liquidated damages, or any other reason, shall be used to reduce 1 6 the amount of this Project paid for with CDBG funds in the same pro pro-rata share that CDBG funds 2 7 were used in payment of the Project. If the District is required to provide any additional funds 3 8 toward the Project other than described in this Agreement, any cost savings shall be first used to 4 9 reimburse the District for its contribution in excess of the total amount provided by this Agreement. 5 10 C. Payment for advertising and award shall be based on the actual costs of 6 11 printing and noticing. 7 12 D. The County shall not be bound by any agreement between the District and 8 13 its agents. 9 14 E. The County may withhold payment of the final payment request made by 10 15 the District until evidence is submitted to the County that a maintenance plan has been prepared 11 16 and adopted for the improvements constructed with CDBG funds. 12 17 F. Upon the completion of the Project, the District shall submit to the 13 18 County Community Development Division a written request for final payment of costs, which 19 shall provide a detailed description 14 of the Project pay items and costs. The final pay request 20 shall be in accordance with Exhibit 2 15 to this Agreement2. The County shall not be obligated to make any payments 21 under this 16 Agreement if the request for payment is submitted by the District more than sixty 22 (60) calendar 17 days after the NOC Notice of Completion has been filed with the County Recorder’s Office. An 23 extension to the sixty 18 (60) calendar day period may be granted by the Director prior to the deadline if the 24 District can 19 demonstrate just cause for the delay. 20 25 G. The County may withhold payment of the final payment request made by 21 26 the District District, until a final POM, recorded NOC, POM and written summary of all Project work completed with 22 CDBG and 27 other funds, and evidence of compliance with the Section 3 clause, as specified in 23 Sections III-R and IV-D, funds have been submitted to the County. 24 28 H. All requests for payment and supporting documentation shall be sent to: 25 1 Business Manager County of Fresno 26 2 Department of Public Works and Planning Financial Services Division ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ Fresno, CA 93721 28 ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (if submitted by email) 1 5 I. The District shall establish accounting and bookkeeping procedures in 2 6 accordance with standard accounting and bookkeeping practices, including, but not limited to, 3 7 employee timecards, ; payrolls, ; and other records of all transactions to be paid with CDBG funds in 4 8 accordance with the performance of this Agreement. All records and accounts shall be available 5 for inspection by the County, the State of California, if applicable, the Comptroller General of the 6 United States, and HUD or any of their duly authorized representatives, at all reasonable times foravailable

PAYMENT FOR THE PROJECT. 13 27 A. At monthly intervals, the District City shall submit a written request to the County 14 for 28 payment of specified costs incurred in the performance of this Agreement. The request for the 15 County to make such a payment shall be in accordance with the exemplar Project Pay Request 16 Form, attached as Exhibit 2, and incorporated by this reference. The request shall also be 18 2 is consistent with the amount of work that has been completed, and that the said work is in accordance 3 with the 19 construction contract documents and this Agreement. The request for payment shall also be 20 4 accompanied by documentation acceptable to the County, such as checks, invoices, or vouchers 21 for 5 services or materials purchased, contractor's costs, or other costs chargeable to the Project. 22 The first construction progress payment request shall also be accompanied by documentation 23 demonstrating that all construction-related required permits have been issued by the County. After 24 6 appropriate review and inspection, the County shall make payment from CDBG funds provided in 25 7 this Agreement for all eligible costs specified herein up to the maximum amount payable under 26 8 Section I. 27 9 B. Any savings realized in the final cost of the Project, due to Project cost 28 10 and/or scope of work reductions, liquidated damages, or any other reason, shall be used to reduce 1 11 the amount of this Project paid for with CDBG funds in funds, and shall be credited to the same pro rata share that City's CDBG funds 2 were used in payment of the Project12 allocation. If the District City is required to provide any additional funds 3 toward the Project other than described in this AgreementProject, any cost savings shall 13 be first used to 4 reimburse the District City for its contribution in excess of the total amount provided by this 14 Agreement. 5 15 C. Payment for advertising and award shall be based on the actual costs of 6 16 printing and noticing. 7 17 D. The County shall not be bound by any agreement between the District City and 8 its agents.its 9 19 E. The County may withhold payment of the final payment request made by 10 the District until evidence is submitted to the County that a maintenance plan has been prepared 11 and adopted for the improvements constructed with CDBG funds. 12 F. Upon the completion of the Project, the District City shall submit to the 13 County 20 Community Development Division a written request for final payment of costs, which shall provide 21 a detailed description 14 of the Project pay items and costs. The final pay request shall be in accordance with Exhibit 2 15 to this Agreement. The County shall not be obligated to 22 make any payments under this 16 Agreement if the request for payment is submitted by the District City more 23 than sixty (60) calendar 17 days after the NOC Notice of Completion has been filed with the County Recorder’s Office. An extension to the sixty 18 (60) calendar day period may be granted by the Director prior to the deadline if the District can 19 demonstrate just cause for the delay. 20 G. The County may withhold payment of the final payment request made by 21 the District until a final POM, recorded NOC, written summary of all Project work completed with 22 CDBG and other funds, and evidence of compliance with the Section 3 clause, as specified in 23 Sections III-R and IV-D, have been submitted to the County. 24 H. All requests for payment and supporting documentation shall be sent to: 25 Business Manager County of Fresno 26 Department of Public Works and Planning Financial Services Division ▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ Fresno, CA 93721 28 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (if submitted by email) 1 I. The District shall establish accounting and bookkeeping procedures in 2 accordance with standard accounting and bookkeeping practices, including, but not limited to, 3 employee timecards, payrolls, and other records of all transactions to be paid with CDBG funds in 4 accordance with the performance of this Agreement. All records and accounts shall be available 5 for inspection by the County, the State of California, if applicable, the Comptroller General of the 6 United States, and HUD or any of their duly authorized representatives, at all reasonable times for's

PAYMENT FOR THE PROJECT. 13 20 A. At monthly intervals, the District shall submit a written request to the County 14 21 for payment of specified costs incurred in the performance of this Agreement. The request for the 15 22 County to make such a payment shall be in accordance with the exemplar Project Pay Request 16 Form, 23 Form attached hereto as Exhibit 2, 2 and incorporated herein by this reference. The request shall also 24 be 18 accompanied by a written certification from the District that the request for payment is consistent 25 with the amount of work that has been completed, and that the said work is in accordance with the 19 construction 26 contract documents and this Agreement. The request for payment shall also be 20 accompanied by 27 documentation acceptable to the County, such as checks, invoices, invoices or vouchers 21 for services or 28 materials purchased, contractor's costs, or other costs chargeable to the Project. 22 The first construction progress payment request shall also be accompanied by documentation 23 demonstrating that all construction-related required permits have been issued by the County. After 24 appropriate 1 review and inspection, the County shall make payment from CDBG funds provided in 25 this 2 Agreement for all eligible costs specified herein up to the maximum amount payable under 26 Section I.Section 27 4 B. Any savings realized in the final cost of the Project, due to Project cost 28 5 and/or scope of work reductions, liquidated damages, or any other reason, shall be used to reduce 1 6 the amount of this Project paid for with CDBG funds in the same pro pro-rata share that CDBG funds 2 7 were used in payment of the Project. If the District is required to provide any additional funds 3 8 toward the Project other than described in this Agreement, any cost savings shall be first used to 4 9 reimburse the District for its contribution in excess of the total amount provided by this Agreement. 5 10 C. Payment for advertising and award shall be based on the actual costs of 6 11 printing and noticing. 7 12 D. The County shall not be bound by any agreement between the District and 8 13 its agents. 9 14 E. The County may withhold payment of the final payment request made by 10 15 the District until evidence is submitted to the County that a maintenance plan has been prepared 11 16 and adopted for the improvements constructed with CDBG funds. 12 17 F. Upon the completion of the Project, the District shall submit to the 13 18 County Community Development Division a written request for final payment of costs, which 19 shall provide a detailed description 14 of the Project pay items and costs. The final pay request 20 shall be in accordance with Exhibit 2 15 to this Agreement2. The County shall not be obligated to make any payments 21 under this 16 Agreement if the request for payment is submitted by the District more than sixty 22 (60) calendar 17 days after the NOC Notice of Completion has been filed with the County Recorder’s Office. An 23 extension to the sixty 18 (60) calendar day period may be granted by the Director prior to the deadline if the 24 District can 19 demonstrate just cause for the delay. 20 25 G. The County may withhold payment of the final payment request made by 21 26 the District District, until a final POM, recorded NOC, POM and written summary of all Project work completed with 22 CDBG and 27 other funds, and evidence of compliance with the Section 3 clause, as specified in 23 Sections III-R and IV-D, funds have been submitted to the County. 24 28 H. All requests for payment and supporting documentation shall be sent to: 25 1 Business Manager County of Fresno 26 2 Department of Public Works and Planning Financial Services Division ▇▇ 3 ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ Fresno, CA 93721 28 ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (if submitted by email) 1 5 I. The District shall establish accounting and bookkeeping procedures in 2 6 accordance with standard accounting and bookkeeping practices, including, but not limited to, 3 7 employee timecards, ; payrolls, ; and other records of all transactions to be paid with CDBG funds in 4 8 accordance with the performance of this Agreement. All records and accounts shall be available 5 for inspection by the County, the State of California, if applicable, the Comptroller General of the 6 United States, and HUD or any of their duly authorized representatives, at all reasonable times foravailable