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). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere. 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.
Appears in 7 contracts
Sources: Agreement Between Owner and Engineer for Professional Services, Agreement Between Owner and Engineer for Professional Services, Agreement Between Owner and Engineer for Professional Services
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. a) Determine the amounts that Engineer recommends Contractor be paid. Recommend reductions in payment (set-offs) based on the provisions for set- offs stated in the Construction Contract. 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 Work has progressed to the point indicated, the quality of such work Work is generally in accordance with the Construction 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 Construction 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 workthe Work. In the case of unit price workWork, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
b. 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 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 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 paidAgreement.
Appears in 7 contracts
Sources: Professional Services, Agreement for Professional Engineering Consulting Services, Professional Services
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. Recommend reductions in payment (set-offs) based on the provisions for set-offs stated in the Construction Contract. 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 Work has progressed to the point indicated, the quality of such work Work is generally in accordance with the Construction 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 Construction 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 workthe Work. In the case of unit price workWork, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
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 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 in this Agreement and the Contract DocumentsAgreement. Neither Engineer’s review of Contractor’s work 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 the Work, 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 money paid on account of the Contract Price, or to Contractor by Owner; to determine that title to any portion of the work in progressWork, materialsincluding materials or equipment, 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.
Appears in 7 contracts
Sources: Professional Services, Owner Engineer Agreement, Engineering Service Agreement
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 Work has progressed to the point indicated, the quality of such work 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 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 workWork. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
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 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 in this Agreement and the Contract Documents. Neither Engineer’s review of Contractor’s work 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 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 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.
Appears in 6 contracts
Sources: Engineering Agreement, Engineering Agreement, Engineering Agreement
Applications for Payment. Based on Engineer’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 2.6.9.1 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 Owner, Owner based on such observations and review, that the work has progressed to the point indicated, and 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 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 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 determination of quantities and classifications of Contractor’s such work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
b. 2.6.9.2 By recommending any payment, payment Engineer shall 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 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 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 not impose on Engineer responsibility to supervise, direct, direct or control Contractor’s such work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, thereto or Contractor’s Contractor 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 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 free and clear of any lienslien, claims, security interests, 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 paidpaid except as provided in, but not limited to paragraph 2.6.3.
Appears in 4 contracts
Sources: Contract for Engineering Services, Multiphase Project Contract for Engineering Services, Contract for Engineering Services
Applications for Payment. Based on EngineerJ-U-B’s on-site observations as an experienced and qualified design professional professional, and on upon written request of CLIENT, review of Applications for Payment and the accompanying supporting No documentation:
a. Determine . Assist CLIENT in determining the amounts owed to contractor and, if requested by CLIENT, recommend in writing to CLIENT that Engineer recommends Contractor payments be paidmade to contractor in such amounts. Such recommendations of payment will be in writing and will constitute Engineer’s a representation to Owner, based on such observations and review, CLIENT that, to the best of EngineerJ-U-B’s knowledge, information information, and belief, Contractor’s work the Work has progressed to the point indicated, the quality of such work 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, and subject to the results of any subsequent tests called for in the Contract Documents and or to any other qualifications qualification stated in the recommendation), and the conditions precedent to Contractorcontractor’s being entitled to such payment payments appear to have been fulfilled in so far insofar as it is EngineerJ-U-B’s responsibility to observe Contractor’s workthe Work. In the case of unit price workWork, EngineerJ-U-B’s recommendations recommendation of payment will include final determinations of quantities and classifications of Contractor’s work the Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
b. By recommending any paymentpayment and after reasonable inquiry, Engineer J-U-B shall not thereby be deemed to have represented that observations exhaustive, continuous, or detailed reviews or examinations have been made by Engineer J-U-B to check the quality or quantity of Contractor’s work the Work as it is performed furnished and furnished have been exhaustive, extended to every aspect of Contractor’s work in progress, or involved detailed inspections of the Work provided beyond the responsibilities specifically assigned to Engineer J-U-B in this Agreement and the Contract Documents. Neither EngineerJ-U-B’s review of Contractor’s work the Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will not impose on Engineer J-U-B the 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 Contractorcontractor’s compliance with Laws laws and Regulations regulations applicable to Contractor’s its furnishing and performing the Work. It J-U-B’s review will also not impose responsibility on Engineer J-U-B to make any examination to ascertain how or for what purposes Contractor contractor has used the moneys monies paid on account of the Contract Price, or to contractor by CLIENT; to determine that title to any portion of the work in progressWork, materialsincluding materials or equipment, or equipment has passed to Owner CLIENT free and clear of any lienslien, claims, security interests, or encumbrances, ; or that there may not be other matters at issue between Owner CLIENT and Contractor contractor that might affect the amount that should be paid.
Appears in 4 contracts
Sources: Professional Services, Agreement for Professional Services, Professional Engineering Services Agreement
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. Recommend reductions in payment (set-offs) based on the provisions for set-offs stated in the Construction Contract. 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 Work has progressed to the point indicated, the quality of such work Work is generally in accordance with the Construction 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 Construction 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 workthe 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 the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
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 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 in the Agreement or this Agreement and the Contract DocumentsTask Order. Neither Engineer’s review of Contractor’s work 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 the Work, 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 money paid on account of the Contract Price, or to Contractor by Owner; to determine that title to any portion of the work in progressWork, materialsincluding materials or equipment, 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.
Appears in 3 contracts
Sources: Professional Services, Professional Services, Owner and Engineer Agreement for Professional Services
Applications for Payment. Based on Engineer’s observations as an experienced Contractor shall submit to the Project Manager and qualified design professional and on review of Architect/Engineer Applications for Payment for properly performed completed Work in triplicate, using the Form of Application and accompanying Certificate for Payment attached hereto and incorporated by reference herein as Exhibit 9. Each Application shall be notarized to certify that the payment sought is properly due and payable, and supported by such data substantiating the Contractor's right to payment as the Project Manager may reasonably require, including copies of requisitions from Subcontractors, sub-subcontractors and suppliers, and shall reflect the withholding of retainage as required under Article 15.02, above. Applications for Payment shall include all evidence that the Project Manager shall deem necessary to support the amount requested to pay for the Work. Owner shall have the right, at its discretion, to periodically audit and require supporting documentation:documentation with expanded detail for Applications for Payment.
a. Determine (a) Applications for Payment shall show separate line items for all amounts due for the amounts that Engineer recommends Contractor be paidWork actually completed, including the completed Work of each Subcontractor or supplier, according to the Construction Schedule of Values, as adjusted for by approved Change Orders. Such recommendations The total amount of payment sought by an Application for Payment shall be limited to payment for the Work actually completed.
(b) Applications for Payment may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives, but not yet included in Change Orders.
(c) Applications for Payment may not include requests to pay for portions of the Work of a Subcontractor or supplier for which the Contractor does not intend to pay such Subcontractor or supplier. If the Work of such Subcontractor or supplier was performed by others in lieu of such Subcontractor or supplier, and the Contractor intends to pay such others, this shall be clearly indicated on the Application for Payment.
(d) Payments will be made on account of materials and equipment delivered and suitably stored for subsequent incorporation in the Work only if such materials and equipment have been properly identified to this Agreement (as provided below), and only if approved in advance in writing by Owner. Payment for materials and will constitute Engineer’s representation to Owner, based equipment stored on such observations and review, that, or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the best Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of Engineer’s knowledgeapplicable insurance and warehouse bonding, information storage and belief, Contractor’s work has progressed transportation. Title to all such materials and equipment shall irrevocably pass to the point indicatedOwner upon Owner’s tender of payment of the invoiced cost. No Work, the quality of such work is generally in accordance with the Contract Documents (material or equipment covered by an Application for Payment shall be subject to an evaluation of agreement under which an interest is retained or an encumbrance is attached by the Work as a functioning whole prior to seller thereof, the Contractor, or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated person or entity. Unless otherwise agreed in the recommendation)writing, 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). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
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 progressall goods, materials, or and equipment has passed shall, at the time of initial purchase thereof, be (i) insured during transit, for which the purchase thereof shall be contracted with the seller 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.delivered
Appears in 3 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
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. i. Determine the amounts that Engineer recommends Contractor be paid. Recommend reductions in payment (set-offs) based on the provisions for set- offs stated in the Construction Contract. 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 Work has progressed to the point indicated, the quality of such work Work is generally in accordance with the Construction 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 Construction 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 workthe Work. In the case of unit price workWork, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
b. ii. 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 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 in this Agreement and the Contract DocumentsAgreement. Neither Engineer’s review of Contractor’s work 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 the Work, 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 money paid on account of the Contract Price, or to Contractor by Owner; to determine that title to any portion of the work in progressWork, materialsincluding materials or equipment, 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.
Appears in 3 contracts
Sources: Statement of Work, Statement of Work, Statement of Work
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 Work has progressed to the point indicated, the quality of such work 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 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 workWork. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
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 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 in this Agreement and the Contract Documents. Neither Engineer’s review of Contractor’s work 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 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 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.
Appears in 2 contracts
Sources: Short Form Agreement for Professional Services, Professional Services
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 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 Contractorcontractor’s being entitled to such payment appear to have been fulfilled in so far as it is EngineerENGINEER’s responsibility to observe Contractor’s 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 (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer ENGINEER contained in this paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b subparagraph b. below and other express or general limitations in this Agreement and elsewhere.
b. By recommending any payment, Engineer ENGINEER shall not thereby be deemed to have represented that observations made by Engineer 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 ENGINEER in this Agreement and the Contract Documents. Neither EngineerENGINEER’s review of Contractor’s 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 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 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 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.
Appears in 2 contracts
Sources: Engineering Services Agreement, Agreement for Engineering Services
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 has progressed to the point indicated, the quality of such work is generally substantially 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 EngineerENGINEER’s responsibility to observe Contractor’s 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 (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer ENGINEER contained in paragraph A1.05.A.6.a A1.04.A.5.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b A1.04.A.5.b and other express or general limitations in this Agreement and elsewhere.
b. By recommending any payment, Engineer ENGINEER shall not thereby be deemed to have represented that observations made by Engineer 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 ENGINEER in this Agreement and the Contract Documents. Neither EngineerENGINEER’s review of Contractor’s 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 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 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 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.
Appears in 2 contracts
Sources: Standard Form of Agreement Between Owner and Engineer for Professional Services, Standard Form of Agreement Between Owner and Engineer for Professional Services
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 has progressed to the point indicated, and that, to the 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 workDocuments. 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). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
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 '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 '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 such work in progress 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.
Appears in 2 contracts
Sources: Professional Services, Professional Services Agreement
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. a) Determine the amounts that Engineer recommends Contractor be paid. Recommend reductions in payment (set‐offs) based on the provisions for set‐ offs stated in the Construction Contract. 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 Work has progressed to the point indicated, the quality of such work Work is generally in accordance with the Construction 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 Construction 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 workthe Work. In the case of unit price workWork, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
b. 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 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 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 paidAgreement.
Appears in 2 contracts
Sources: Professional Services, Engineering Services Agreement
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 Work has progressed to the point indicated, the quality of such work 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 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 workWork. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
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 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 in this Agreement and the Contract Documents. Neither Engineer’s review of Contractor’s work 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 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 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.
Appears in 2 contracts
Sources: Professional Services, Amendment to Agreement for Professional Services
Applications for Payment. Based on EngineerJ-U-B’s on-site observations as an experienced and qualified design professional professional, and on upon written request of CLIENT, review of Applications for Payment and the accompanying supporting documentation:
a. Determine . Assist CLIENT in determining the amounts owed to contractor and, if requested by CLIENT, recommend in writing to CLIENT that Engineer recommends Contractor payments be paidmade to contractor in such amounts. Such recommendations of payment will be in writing and will constitute Engineer’s a representation to Owner, based on such observations and review, CLIENT that, to the best of EngineerJ-U-B’s knowledge, information information, and belief, Contractor’s work the Work has progressed to the point indicated, the quality of such work 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, and subject to the results of any subsequent tests called for in the Contract Documents and or to any other qualifications qualification stated in the recommendation), and the conditions precedent to Contractorcontractor’s being entitled to such payment payments appear to have been fulfilled in so far insofar as it is EngineerJ-U-B’s responsibility to observe Contractor’s workthe Work. In the case of unit price workWork, EngineerJ-U-B’s recommendations recommendation of payment will include final determinations of quantities and classifications of Contractor’s work the Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
b. By recommending any paymentpayment and after reasonable inquiry, Engineer J-U-B shall not thereby be deemed to have represented that observations exhaustive, continuous, or detailed reviews or examinations have been made by Engineer J-U-B to check the quality or quantity of Contractor’s work the Work as it is performed furnished and furnished have been exhaustive, extended to every aspect of Contractor’s work in progress, or involved detailed inspections of the Work provided beyond the responsibilities specifically assigned to Engineer J-U-B in this Agreement and the Contract Documents. Neither EngineerJ-U-B’s review of Contractor’s work the Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will not impose on Engineer J-U-B the 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 Contractorcontractor’s compliance with Laws laws and Regulations regulations applicable to Contractor’s its furnishing and performing the Work. It J-U-B’s review will also not impose responsibility on Engineer J-U-B to make any examination to ascertain how or for what purposes Contractor contractor has used the moneys monies paid on account of the Contract Price, or to contractor by CLIENT; to determine that title to any portion of the work in progressWork, materialsincluding materials or equipment, or equipment has passed to Owner CLIENT free and clear of any lienslien, claims, security interests, or encumbrances, ; or that there may not be other matters at issue between Owner CLIENT and Contractor contractor that might affect the amount that should be paid.. No
Appears in 1 contract
Sources: Professional Services
Applications for Payment. Based on EngineerJ-U-B’s on-site observations as an experienced and qualified design professional professional, and on upon written request of CLIENT, review of Applications for Payment and the accompanying No supporting documentation:
a. Determine . Assist CLIENT in determining the amounts owed to contractor and, if requested by CLIENT, recommend in writing to CLIENT that Engineer recommends Contractor payments be paidmade to contractor in such amounts. Such recommendations of payment will be in writing and will constitute Engineer’s a representation to Owner, based on such observations and review, CLIENT that, to the best of EngineerJ-U-B’s knowledge, information information, and belief, Contractor’s work the Work has progressed to the point indicated, the quality of such work 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, and subject to the results of any subsequent tests called for in the Contract Documents and or to any other qualifications qualification stated in the recommendation), and the conditions precedent to Contractorcontractor’s being entitled to such payment payments appear to have been fulfilled in so far insofar as it is EngineerJ-U-B’s responsibility to observe Contractor’s workthe Work. In the case of unit price workWork, EngineerJ-U-B’s recommendations recommendation of payment will include final determinations of quantities and classifications of Contractor’s work the Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
b. By recommending any paymentpayment and after reasonable inquiry, Engineer J-U-B shall not thereby be deemed to have represented that observations exhaustive, continuous, or detailed reviews or examinations have been made by Engineer J-U-B to check the quality or quantity of Contractor’s work the Work as it is performed furnished and furnished have been exhaustive, extended to every aspect of Contractor’s work in progress, or involved detailed inspections of the Work provided beyond the responsibilities specifically assigned to Engineer J-U-B in this Agreement and the Contract Documents. Neither EngineerJ-U-B’s review of Contractor’s work the Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will not impose on Engineer J-U-B the 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 Contractorcontractor’s compliance with Laws laws and Regulations regulations applicable to Contractor’s its furnishing and performing the Work. It J-U-B’s review will also not impose responsibility on Engineer J-U-B to make any examination to ascertain how or for what purposes Contractor contractor has used the moneys monies paid on account of the Contract Price, or to contractor by CLIENT; to determine that title to any portion of the work in progressWork, materialsincluding materials or equipment, or equipment has passed to Owner CLIENT free and clear of any lienslien, claims, security interests, or encumbrances, ; or that there may not be other matters at issue between Owner CLIENT and Contractor contractor that might affect the amount that should be paid.
Appears in 1 contract
Sources: Agreement for Professional Services
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 has progressed to the point indicated, and that, to the 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 workDocuments. 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 such work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
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 's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s 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 '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 such work in progress 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.
Appears in 1 contract
Sources: Professional Services
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, to that the best of Engineer’s knowledge, information and belief, Contractor’s work has progressed to the point indicated, and that, to the 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 workDocuments. 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). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
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 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 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 such work in progress 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.
Appears in 1 contract
Sources: Supplemental Agreement
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. Recommend reductions in payment (set-offs) based on the provisions for set-offs stated in the Construction Contract. 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 Work has progressed to the point indicated, the quality of such work Work is generally in accordance with the Construction 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 Construction 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 workthe Work. In the case of unit price workWork, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
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 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 in this Agreement and the Contract DocumentsAgreement. Neither Engineer’s review of Contractor’s work 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 the Work, 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 money paid on account of the Contract Price, or to Contractor by Owner; to determine that title to any portion of the work in progressWork, materialsincluding materials or equipment, 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.
Appears in 1 contract
Sources: Professional Services
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 Work has progressed to the point indicated, the quality of such work 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 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 workWork. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
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 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 in this Agreement and the Contract Documents. Neither Engineer’s review of Contractor’s work 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 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 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.
Appears in 1 contract
Sources: Work Assignment
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, Engineer shall:
a. Determine the amounts that Engineer recommends Contractor contractor be paidpaid at such interval. Such recommendations of payment will be in writing and will constitute Engineer’s representation to OwnerCounty, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractorcontractor’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 Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractorcontractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractorcontractor’s work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractorcontractor’s work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of However, quantity determinations shall be made only in so far as it is Engineer’s responsibility to observe contractor’s work. Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and may rely on quantities confirmed by inspectors or other express or general limitations in this Agreement and elsewhereResident Project Representatives assigned by County.
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 Contractorcontractor’s work as it is performed and furnished have been exhaustive, extended to every aspect of Contractorcontractor’s work in progress, or involved detailed inspections of the Work work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer’s review of Contractorcontractor’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 Contractorcontractor’s work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractorcontractor’s compliance with Laws and Regulations any laws, rules, or regulations applicable to Contractorcontractor’s furnishing and performing the Workwork. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor 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 progress, materials, or equipment has passed to Owner County free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner County and Contractor contractor that might affect the amount that should be paid.
Appears in 1 contract
Sources: Professional Services
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. Recommend reductions in payment (set‐offs) based on the provisions for set‐offs stated in the Construction Contract. 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 Work has progressed to the point indicated, the quality of such work Work is generally in accordance with the Construction 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 Construction 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 workthe Work. In the case of unit price workWork, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
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 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 in this Agreement and the Contract DocumentsAgreement. Neither Engineer’s review of Contractor’s work 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 the Work, 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 money paid on account of the Contract Price, or to Contractor by Owner; to determine that title to any portion of the work in progressWork, materialsincluding materials or equipment, 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.
Appears in 1 contract
Sources: Owner and Engineer Agreement for Professional Services
Applications for Payment. Based on Engineer’s 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 ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer’s ENGINEER’S representation to OwnerOWNER, based on such observations and review, that, to the best of Engineer’s 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 ENGINEER’S responsibility to observe Contractor’s work. In the case of unit price work, Engineer’s 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)) and materials delivered at the Site but not incorporated in the Work. The responsibilities of Engineer ENGINEER contained in paragraph A1.05.A.6.a A1.05.A.6a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b AI.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
b. By recommending any payment, Engineer ENGINEER shall not thereby be deemed to have represented that observations made by Engineer 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 ENGINEER in this Agreement and the Contract Documents. Neither Engineer’s ENGINEER’S review of Contractor’s work for the purposes of recommending payments nor Engineer’s ENGINEER’S recommendation of any payment including final payment will impose on Engineer 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 ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys monies 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 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.
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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 the work has progressed progress to the point indicated, 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 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 the work. In the case of unit price work, EngineerENGINEER’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s such work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer ENGINEER contained in this paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
b. . 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 as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s 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 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 such work in progress 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.
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Applications for Payment. Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications applications for Payment payment and accompanying supporting documentationdocumentation from Contractor, Engineer shall:
a. 5.13.1. Determine the amounts that Engineer recommends that Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer’s representation to the Owner, based on such observations and review, that, review to the best of Engineer’s knowledge, information and belief, that 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). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations labor allowance amount for this service in this Agreement and elsewhereagreement amendment is approximately $2,320.
b. 5.13.2. 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 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 Workwork. 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 the Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between the Owner and Contractor that might affect the amount that should be paid. Prior to recommending payment requests from Contractor to the Owner for payment, the Engineer shall require lien waivers from prior payment applications from Contractor.
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Sources: Engineering Services Agreement
Applications for Payment. Based on Engineer’s observations as an experienced and a qualified design professional and on review of Applications for Payment and accompanying supporting documentation:
a. ; Determine the amounts that Engineer recommends Contractor be paid. Recommend reductions in payment (set-offs) based on the provisions for set-offs stated in the Construction Contract. Such recommendations of payment will be in writing and will constitute Engineer’s representation to OwnerTown, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s work Work has progressed to the point indicated, the quality of such work Work is generally in accordance with the Construction 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 Construction Contract Documents Documents, and to any other qualifications stated in the recommendationthere commendation), 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 workthe Work. In the case of unit price workWork, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work the Work (subject to any subsequent adjustments allowed by the Construction Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
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 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 in this Agreement and the Contract DocumentsAgreement. Neither Engineer’s review of Contractor’s work 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 the Work, 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 money paid on account of the Contract Price, or to Contractor by Town; to determine that title to any portion of the work in progressWork, materialsincluding materials or equipment, or equipment has passed to Owner Town free and clear of any liens, claims, security interests, or encumbrances, ; or that there may not be other matters at issue between Owner Town and Contractor that might affect the amount that should be paid.
Appears in 1 contract
Sources: Owner Engineer Agreement
Applications for Payment. Based on EngineerDesign Professional’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation:
a. (1) Determine the amounts that Engineer Design Professional recommends that Contractor be paid. Such recommendations of payment will be in writing and will constitute EngineerDesign Professional’s representation to Owner, . Recommendations are based on such observations and reviewreviews, that, to the best of EngineerDesign Professional’s knowledge, information and belief, Contractor’s work Work has progressed to the point indicated, and the quality of such work 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 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 EngineerDesign Professional’s responsibility to observe Contractor’s workWork. In the case of unit price work, EngineerDesign Professional’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s work Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
b. (2) By recommending any payment, Engineer Design Professional shall not thereby be deemed to have represented that observations made by Engineer Design Professional 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 Design Professional in this Agreement and the Contract Documents. Neither EngineerDesign Professional’s review of Contractor’s work Work for the purposes of recommending payments nor EngineerDesign Professional’s recommendation of any payment including final payment will impose on Engineer Design Professional a 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 Work. It also will also not impose responsibility on Engineer Design Professional 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 free and clear of any liens, claims, security interests, or encumbrances, or that there may might not be other matters at issue between Owner and Contractor that might affect the amount that should be paid.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Professional for Professional Services
Applications for Payment. Based on Engineer’s 's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation:
a. 1.6.2.13.1 Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer’s 's representation to Owner, based on such observations and review, that, to the best of Engineer’s 's knowledge, information and belief, Contractor’s work 's Work has progressed to the point indicated, the quality of such work 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 Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s 's being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s 's responsibility to observe Contractor’s work'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 's Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
b. 1.6.2.13.2 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 's 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 in this Agreement and the Contract Documents. Neither Engineer’s 's review of Contractor’s work 's Work for the purposes of recommending payments nor Engineer’s 's recommendation of any payment payment, including final payment payment, will impose on Engineer responsibility to supervise, direct, or control Contractor’s work '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 's compliance with Laws and Regulations applicable to Contractor’s '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 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.
1.6.2.13.3 Engineer shall review and recommend payments for up to the following number of Contractor applications for payment.
1.6.2.13.3.1 WTP contract: 20 applications for payment anticipated.
1.6.2.13.3.2 RWIB contract: 20 applications for payment anticipated.
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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 has progressed to the point indicated, the quality of such work 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 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)work, based on observations and measurements of quantities provided with pay requests. The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
b. 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 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 the Consultant in this Agreement and the Contract DocumentsAgreement. Neither Engineerthe Consultant’s review of Contractor’s 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 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 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.
Appears in 1 contract
Sources: Consulting Engineering Agreement
Applications for Payment. Based on Engineer’s '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 's representation to Owner, based on such observations and review, that, to the best of Engineer’s 's knowledge, information and belief, Contractor’s work the 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 's being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s 's responsibility to observe Contractor’s workthe Work. In the case of unit price work, Engineer’s 's recommendations of payment will include final determinations of quantities and classifications of Contractor’s work the Work (subject to any subsequent adjustments allowed by the Contract Documents). The responsibilities of Engineer contained in paragraph A1.05.A.6.a Al.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b Al.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
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 the 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 beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer’s 's review of Contractor’s work the Work for the purposes of recommending payments nor Engineer’s 's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor’s work the Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s '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.
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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 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). The responsibilities of Engineer contained in paragraph A1.05.A.6.a are expressly subject to the limitations set forth in paragraph A1.05.A.6.b and other express or general limitations in this Agreement and elsewhere.
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 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 work beyond the responsibilities specifically assigned to Engineer ENGINEER in this Agreement and the Contract Documents. Neither EngineerENGINEER’s review of Contractor’s 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 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 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.
Appears in 1 contract
Sources: Professional Services