ACCEPTANCE AND FINAL PAYMENT. 6.1. Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall conduct an inspection within ten (10) days. If Consultant and Contract Administrator find that the Work is acceptable; that the requisite documents have been submitted; that the requirements of the Contract Documents are fully satisfied; and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 11) shall be issued by Consultant, under its signature, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documents. 6.2. Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant the following Final Payment Package: a complete release of all claims arising out of this Contract, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the Work have been paid, or, in the alternative, a consent of the Surety to final payment on Contractor’s behalf; the final corrected as-built Drawings; and the final xxxx of Materials, if required, and the final Application for Payment. This Final payment package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified document. 6.3. If, after Substantial Completion, Final Completion is materially delayed through no fault of Contractor, and Consultant so certifies, County shall, upon certification of Consultant, and without terminating this Contract, make payment of the balance due for any portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but it shall not constitute a waiver of claims. 6.4. Final payment shall be made only after the Board or Director of Purchasing, as applicable, has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment.
Appears in 4 contracts
Samples: Contract, Utility Service Transfer Agreement, Utility Analysis Contract
ACCEPTANCE AND FINAL PAYMENT.
6.1. Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall conduct an inspection within ten (10) days. If Consultant and Contract Administrator find that the Work is acceptable; that the requisite documents have been submitted; that the requirements of the Contract Documents are fully satisfied; and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 11) shall be issued by Consultant, under its signature, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documents.
6.2. Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant the following Final Payment Package: a complete release of all claims arising out of this Contract, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the Work have been paid, or, in the alternative, a consent of the Surety to final payment on Contractor’s behalf; the final corrected as-built Drawings; and the final xxxx bill of Materials, if required, and the final Application for Payment. This Final payment package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified document.
6.3. If, after Substantial Completion, Final Completion is materially delayed through no fault of Contractor, and Consultant so certifies, County Town shall, upon certification of Consultant, and without terminating this Contract, make payment of the balance due for any portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but it shall not constitute a waiver of claims.
6.4. Final payment shall be made only after the Board or Director of PurchasingPublic Works, as applicable, has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment.
Appears in 2 contracts
Samples: Municipal Agreement, Municipal Agreement
ACCEPTANCE AND FINAL PAYMENT.
6.1. Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall conduct an inspection within ten (10) days. If Consultant and Contract Administrator find that the Work is acceptable; that the requisite documents have been submitted; that the requirements of the Contract Documents are fully satisfied; and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 11) shall be issued by Consultant, under its signature, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documents.
6.2. Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant the following Final Payment Package: a complete release of all claims arising out of this Contract, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the Work have been paid, or, in the alternative, a consent of the Surety to final payment on Contractor’s behalf; the final corrected as-built Drawings; and the final xxxx bill of Materials, if required, and the final Application for Payment. This Final payment package Payment Package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified document.
6.3. If, after Substantial Completion, Final Completion is materially delayed through no fault of Contractor, and Consultant so certifies, County City of Cooper City shall, upon certification of Consultant, and without terminating this Contract, make payment of the balance due for any portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but it shall not constitute a waiver of claims.
6.4. Final payment shall be made only after the Board or Director of Purchasing, as applicable, has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment.
Appears in 2 contracts
Samples: Contract Agreement, Contract Agreement
ACCEPTANCE AND FINAL PAYMENT.
6.1. Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall conduct an inspection within ten (10) daysdays after receipt of written notice from Contractor that all Work described in the Punch List has been completed and the Work is ready for final inspection and acceptance. If A Final Certificate of Payment (Form 11) for the Work, or the applicable phase thereof, shall be issued if Consultant and Contract Administrator find that that:
(a) the Work is acceptable; that (b) the requisite documents have been submitted; that (c) the requirements of the Contract Documents are fully satisfied; and that (d) all conditions of the permits and regulatory agencies have been met, a . Such Final Certificate of Payment (Form 11) shall be issued by Consultant, under its signature, stating that the applicable requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documents.
6.2. Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant the following Final Payment Packagefinal payment package: a complete release of all claims arising out of this Contract, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the applicable Work have been paid, or, in the alternative, a consent of the Surety to final payment on Contractor’s behalf; the final corrected as-built Drawings; and the final xxxx bill of Materials, if required, and the final Application for Payment. This Final final payment package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified document.
6.3. If, after Substantial Completion, Final Completion is materially delayed through no fault of Contractor, and Consultant so certifies, County Municipality shall, upon certification of Consultant, and without terminating this Contract, make payment of the balance due for any portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but it shall not constitute a waiver of claimsany claims by Municipality.
6.4. Final payment shall be made only after the Board or Director of PurchasingMunicipality’s Purchasing Director, as applicable, has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment.
Appears in 1 contract
Samples: Contract for Services
ACCEPTANCE AND FINAL PAYMENT.
6.1. Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall conduct an inspection within ten (10) days. If Consultant and Contract Administrator find that the Work is acceptable; that the requisite documents have been submitted; that the requirements of the Contract Documents are fully satisfied; and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 11) shall be issued by Consultant, under its signature, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documents.
6.2. Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant the following Final Payment Package: a complete release of all claims arising out of this Contract, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the Work have been paid, or, in the alternative, a consent of the Surety to final payment on Contractor’s behalf; the final corrected as-built Drawings; and the final xxxx of Materials, if required, and the final Application for Payment. This Final payment package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified document.
6.3. If, after Substantial Completion, Final Completion is materially delayed through no fault of Contractor, and Consultant so certifies, County Town shall, upon certification of Consultant, and without terminating this Contract, make payment of the balance due for any portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but it shall not constitute a waiver of claims.
6.4. Final payment shall be made only after the Board or Director of PurchasingPublic Works, as applicable, has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment.
Appears in 1 contract
Samples: Municipal Agreement
ACCEPTANCE AND FINAL PAYMENT.
6.1. Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall conduct an inspection within ten (10) calendar days. If Consultant and Contract Administrator find that the Work is acceptable; that , the requisite documents have been submitted; that submitted and the requirements of the Contract Documents are fully satisfied; , and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 11007600-2) shall be issued by Consultant, under over its signature, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documentsthereof.
6.2. Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant the following Final Payment PackageConsultant: a complete release of all claims arising out of this Contract, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the Work have has been paid, or, in the alternative, or a consent of the Surety surety to final payment on Contractor’s behalfpayment; the final corrected as-built Drawingsdrawings; and the final xxxx of Materialsmaterials, if required, and the final Application for Paymentinvoice. This Final payment package must is to include the certification document titled “Final List of Non-Certified Subcontractors and Suppliers Suppliers” Form (Form 13007600-4), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers subvendors used must be attached to this certified document.
6.3. If, after Substantial Completion, Final Completion is materially delayed through no fault of Contractor, and Consultant so certifies, County shall, upon certification certificate of Consultant, and without terminating this Contract, make payment of the balance due for any that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but except that it shall not constitute a waiver of claims.
6.4. Final payment shall be made only after the Board or County’s Director of PurchasingPurchasing or Board of County Commissioners, as applicable, has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator Administrator, and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment.
Appears in 1 contract
Samples: Construction Contract
ACCEPTANCE AND FINAL PAYMENT.
6.1. Upon receipt of written notice from Contractor Construction Manager that the Construction Work is ready for final inspection and acceptance, Consultant shall conduct an inspection shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Contract Administrator City’s Project Manager find that the Work is acceptable; that , the requisite documents have been submitted; that submitted and the requirements of the Contract Documents are fully satisfied; , and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of for Payment (Form 11Attachment E) shall be issued by Consultant, under over its signature, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documents.
6.2thereof. Before issuance of the Final Certificate for Payment, Contractor Construction Manager shall deliver to Consultant the following Final Payment Package: a complete release of all claims liens arising out of this ContractAgreement, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the Construction Work have has been paid, or, in the alternative, and a consent of the Surety surety to final payment on Contractor’s behalfpayment; the final corrected asAs-built Built Drawings; the Record Set; and the final xxxx of Materialsmaterials, if required, and the final Application for Payment. This Construction Manager shall deliver the written Construction Manager’s and all Manufacturer’s warranties prior to issuance of the Final payment package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified document.
6.3Certificate for Payment. If, after Substantial Completionthe Construction Work has been substantially completed, Final Completion full completion thereof is materially delayed through no fault of ContractorConstruction Manager, and Consultant so certifies, County City shall, upon certification certificate of Consultant, and without terminating this Contractthe Agreement, make payment of the balance due for any that portion of the Construction Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but except that it shall not constitute a waiver of claims.
6.4. Final payment shall be made only after the Board or Director of Purchasing, as applicable, has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by ContractorConstruction Manager, except those previously made in strict accordance with the provisions of the General Conditions Agreement and identified by Contractor Construction Manager as unsettled at the time of the application for final payment.
Appears in 1 contract
ACCEPTANCE AND FINAL PAYMENT.
6.1Final payment to be due 30 days after substantial completion of the project, but not until the project has been fully completed and the Contract fully performed. Upon receipt of written notice from Contractor that the Work project is ready for final inspection and acceptance, Consultant said Owner shall conduct an inspection within ten (10) dayspromptly inspect the same. If Consultant When he finds the work and Contract Administrator find that the Work is acceptable; that the requisite documents have been submitted; that the requirements of materials acceptable under the Contract Documents are and the Contract fully satisfied; performed, and upon receipt of evidence satisfactory to him that all conditions of the permits payrolls, material bills and regulatory agencies have been met, a Final Certificate of Payment (Form 11) shall be issued by Consultant, under its signature, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documents.
6.2. Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant the following Final Payment Package: a complete release of all claims arising out of this Contract, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the Work project have been paid, or, said Owner shall promptly issue a final certificate signed by him. Said certificate shall state that the Contract has been fully performed according to its terms and that the work performed and materials furnished thereunder have been accepted by the Owner as being in accordance with the alternative, a consent of the Surety to final payment on Contractor’s behalf; the final corrected as-built DrawingsContract; and shall set forth the final xxxx of Materials, if required, balance found by said Owner to be due and payable to the final Application for Payment. This Final payment package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified document.
6.3. IfIf after the project has been substantially completed, after Substantial Completion, Final Completion full completion is materially delayed through no fault of the Contractor, and Consultant so certifies, County the Owner shall, upon certification of Consultant, and without terminating this the Contract, make payment of pay the balance due for any that portion of the Work work fully completed and accepted. Such payment shall be made under the Master May 2011 Page 3 of 5 CM-GMP CONTRACT -UMUC Contract No. ---- --Company Name---- The terms and conditions governing of such certification shall be the same as those for final payment, above set forth, but it payment pursuant thereto shall not constitute a waiver of claims. (Note: Just reminder that the signature line below cannot be alone by itself – delete this line when you done with contract) Fill out Company Name UNIVERSITY OF MARYLAND City, State & Zip Code UNIVERSITY COLLEGE Contractor Owner Signature Signature Print or Type Name Print or Type Name Title Title Date: Date: Budgetary Data: Req. No. ----- F.R.S. ------- Title: Facilities Management Master May 2011 Page 4 of 5 CM-GMP CONTRACT -UMUC Contract No. ------ ----Company Name---- CONTRACT AFFIDAVIT
A. AUTHORIZED REPRESENTATIVE I HEREBY AFFIRM THAT I am the (title) and the duly authorized representative of (business) and that I possess the legal authority to make this affidavit on behalf of myself and the business for which I am acting.
6.4. Final B. CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT I FURTHER AFFIRM THAT:
(1) The business named above is a (domestic [ ]) (foreign [ ]) corporation registered in accordance with the Corporations and Associations Article, Annotated Code of Maryland, and that it is in good standing and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation, and that the name and address of its resident agent filed with the State Department of Assessments and Taxation is: Address:
(2) Except as validly contested, the business has paid, or has arranged for payment shall be made only after of, all taxes due the Board or Director State of PurchasingMaryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as applicable, has reviewed a written evaluation and will have paid all withholding taxes due the State of the performance of Contractor prepared by the Contract Administrator and has approved the Maryland prior to final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final paymentsettlement.
C. CERTAIN AFFIRMATIONS VALID
Appears in 1 contract
Samples: Construction Management Agreement
ACCEPTANCE AND FINAL PAYMENT.
6.1. 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall conduct an inspection shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Contract Administrator find that the Work is acceptable; that , the requisite documents have been submitted; that submitted and the requirements of the Contract Documents are fully satisfied; , and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 1100926) shall be issued by Consultant, under over its signature, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documentsthereof.
6.2. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant the following Final Payment Package: a complete release of all claims liens arising out of this Contract, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the Work have has been paid, or, in the alternative, and a consent of the Surety surety to final payment on Contractor’s behalfpayment; the final corrected as-built Drawingsdrawings; and the final xxxx bill of Materialsmaterials, if required, and the final Application for Payment. This Final payment package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified documentinvoice.
6.3. 5.3 If, after Substantial Completionthe Work has been substantially completed, Final Completion full completion thereof is materially delayed through no fault of Contractor, and Consultant so certifies, County Village shall, upon certification certificate of Consultant, and without terminating this the Contract, make payment of the balance due for any that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but except that it shall not constitute a waiver of claims.
6.4. 5.4 Final payment shall be made only after the Board Village Manager or Director of Purchasing, as applicable, his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator Administrator, and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment.
Appears in 1 contract
Samples: Contract
ACCEPTANCE AND FINAL PAYMENT.
6.1. Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall conduct an inspection within ten (10) calendar days. If Consultant and Contract Administrator find that the Work is acceptable; that , the requisite documents have been submitted; that submitted and the requirements of the Contract Documents are fully satisfied; , and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 11007600‐2) shall be issued by Consultant, under over its signature, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documentsthereof.
6.2. Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant the following Final Payment PackageConsultant: a complete release of all claims arising out of this Contract, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the Work have has been paid, or, in the alternative, or a consent of the Surety surety to final payment on Contractor’s behalfpayment; the final corrected as-built Drawingsas‐built drawings; and the final xxxx of Materialsmaterials, if required, and the final Application for Paymentinvoice. This Final payment package must is to include the certification document titled “Final List of Non-Certified Non‐Certified Subcontractors and Suppliers Suppliers” Form (Form 13007600‐4), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers subvendors used must be attached to this certified document.
6.3. If, after Substantial Completion, Final Completion is materially delayed through no fault of Contractor, and Consultant so certifies, County shall, upon certification certificate of Consultant, and without terminating this Contract, make payment of the balance due for any that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but except that it shall not constitute a waiver of claims.
6.4. Final payment shall be made only after the Board or County’s Director of PurchasingPurchasing or Board of County Commissioners, as applicable, has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator Administrator, and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment.
Appears in 1 contract
Samples: Contract
ACCEPTANCE AND FINAL PAYMENT.
6.1. 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall conduct an inspection shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Contract Administrator find that the Work is acceptable; that , the requisite documents have been submitted; that submitted and the requirements of the Contract Documents are fully satisfied; , and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 1100926) shall be issued by Consultant, under over its signature, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documentsthereof.
6.2. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant the following Final Payment Package: a complete release of all claims liens arising out of this Contract, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the Work have has been paid, or, in the alternative, and a consent of the Surety surety to final payment on Contractor’s behalfpayment; the final corrected as-built Drawingsdrawings; and the final xxxx of Materialsmaterials, if required, and the final Application for Payment. This Final payment package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified documentinvoice.
6.3. 5.3 If, after Substantial Completionthe Work has been substantially completed, Final Completion full completion thereof is materially delayed through no fault of ContractorContractor , and Consultant so certifies, County Village shall, upon certification certificate of Consultant, and without terminating this the Contract, make payment of the balance due for any that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but except that it shall not constitute a waiver of claims.
6.4. 5.4 Final payment shall be made only after the Board Village Manager or Director of Purchasing, as applicable, his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator Administrator, and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment.
Appears in 1 contract
Samples: Contract
ACCEPTANCE AND FINAL PAYMENT.
6.1. Upon receipt of written notice from Contractor Design-Build Firm that the Work is ready for final inspection and acceptance, Project Manager and/or Consultant shall conduct an inspection shall, within ten (10) calendar days, make an inspection thereof. If Project Manager and/or Consultant and Contract Administrator find that the Work is acceptable; that , the requisite documents have been submitted; that submitted and the requirements of the Contract Documents are fully satisfied; , and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of for Payment (Form 11) shall be issued by Consultant, under its signatureProject Manager, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documents.
6.2thereof. Before issuance of the Final Certificate for Payment, Contractor Design-Build Firm shall deliver to Consultant the following Final Payment Package: Project Manager a complete final release of all claims liens arising out of this Contractthe Contract Documents, or receipts in full in lieu thereof; an affidavit certifying that all suppliers suppliers, Subconsultants, and Subcontractors Sub Design-Build Firm s have been paid in full and that all other indebtedness and financial obligations connected with the Work have has been paid, or, in the alternative, and a consent of the Surety surety to final payment on Contractor’s behalfpayment; the final corrected as-built Drawingsdrawings; operations and maintenance data, and the final xxxx bill of Materialsmaterials, if required, and payment application. Design-Build Firm shall deliver the final Application written Design-Build Firm‟s and all Manufacturer‟s warranties prior to issuance of the Final Certificate for Payment. This Final payment package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified document.
6.3. If, after Substantial Completionthe Work has been substantially completed, Final Completion full completion thereof is materially delayed through no fault of ContractorDesign-Build Firm, and Consultant Project Manager so certifies, County City shall, upon certification of Consultantsuch certification, and without terminating this the Contract, make payment of the balance due for any that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but except that it shall not constitute a waiver of claims.
6.4. Final payment shall be made only after the Board or Director of Purchasing, as applicable, has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by ContractorDesign-Build Firm, except those previously made in strict accordance with the provisions of the General Conditions Contract and identified by Contractor Design-Build Firm as unsettled at the time of the application for final payment. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the Project Manager shall notify the Design-Build Firm in writing of the closeout of the Project.
Appears in 1 contract
Samples: Design Build Services Agreement
ACCEPTANCE AND FINAL PAYMENT.
6.1. 6.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall conduct an inspection within ten (10) calendar days. If Consultant and Contract Administrator find that the Work is acceptable; that , the requisite documents have been submitted; that submitted and the requirements of the Contract Documents are fully satisfied; , and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 11) shall be issued by Consultant, under over its signature, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documentsthereof.
6.2. 6.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant the following Final Payment PackageConsultant: a complete release of all claims arising out of this Contract, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the Work have has been paid, or, in the alternative, or a consent of the Surety surety to final payment on Contractor’s behalfpayment; the final corrected as-built Drawingsdrawings; and the final xxxx of Materialsmaterials, if required, and the final Application for Paymentinvoice. This Final payment package must is to include the certification document titled "Final List of Non-Certified Subcontractors and Suppliers (Form 13)Suppliers" Form, which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers sub-vendors used must be attached to this certified document.
6.3. 6.3 If, after Substantial Completion, Final Completion is materially delayed through no fault of Contractor, and Consultant so certifies, County shall, upon certification certificate of Consultant, and without terminating this Contract, make payment of the balance due for any that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but except that it shall not constitute a waiver of claims.
6.4. 6.4 Final payment shall be made only after the Board or County's Director of PurchasingPurchasing or Board of County Commissioners, as applicable, has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator Administrator, and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment.
Appears in 1 contract
Samples: Construction Contract
ACCEPTANCE AND FINAL PAYMENT.
6.1. Upon receipt of written notice from Contractor Design-Build Firm that the Work is ready for final inspection and acceptance, Project Manager and/or Consultant shall conduct an inspection shall, within ten (10) calendar days, make an inspection thereof. If Project Manager and/or Consultant and Contract Administrator find that the Work is acceptable; that , the requisite documents have been submitted; that submitted and the requirements of the Contract Documents are fully satisfied; , and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of for Payment (Form 11) shall be issued by Consultant, under its signatureProject Manager, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documents.
6.2thereof. Before issuance of the Final Certificate for Payment, Contractor Design-Build Firm shall deliver to Consultant the following Final Payment Package: Project Manager a complete final release of all claims liens arising out of this Contractthe Contract Documents, or receipts in full in lieu thereof; an affidavit certifying that all suppliers suppliers, Subconsultants, and Subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the Work have has been paid, or, in the alternative, and a consent of the Surety surety to final payment on Contractor’s behalfpayment; the final corrected as-as- built Drawingsdrawings; operations and maintenance data, and the final xxxx bill of Materialsmaterials, if required, and payment application. Design-Build Firm shall deliver the final Application written Design-Build Firm‟s and all Manufacturer‟s warranties prior to issuance of the Final Certificate for Payment. This Final payment package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified document.
6.3. If, after Substantial Completionthe Work has been substantially completed, Final Completion full completion thereof is materially delayed through no fault of ContractorDesign-Build Firm, and Consultant Project Manager so certifies, County City shall, upon certification of Consultantsuch certification, and without terminating this the Contract, make payment of the balance due for any that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but except that it shall not constitute a waiver of claims.
6.4. Final payment shall be made only after the Board or Director of Purchasing, as applicable, has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by ContractorDesign-Build Firm, except those previously made in strict accordance with the provisions of the General Conditions Contract and identified by Contractor Design-Build Firm as unsettled at the time of the application for final payment. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the Project Manager shall notify the Design-Build Firm in writing of the closeout of the Project.
Appears in 1 contract
Samples: Design Build Services Agreement
ACCEPTANCE AND FINAL PAYMENT.
6.1. Upon receipt of written notice from Contractor Design-Build Firm that the Work is ready for final inspection and acceptance, Project Manager and/or Consultant shall conduct an inspection shall, within ten (10) calendar days, make an inspection thereof. If Project Manager and/or Consultant and Contract Administrator find that the Work is acceptable; that , the requisite documents have been submitted; that submitted and the requirements of the Contract Documents are fully satisfied; , and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of for Payment (Form 11) shall be issued by Consultant, under its signatureProject Manager, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documents.
6.2thereof. Before issuance of the Final Certificate for Payment, Contractor Design-Build Firm shall deliver to Consultant the following Final Payment Package: Project Manager a complete final release of all claims liens arising out of this Contractthe Contract Documents, or receipts in full in lieu thereof; an affidavit certifying that all suppliers suppliers, Subconsultants, and Subcontractors Sub Design-Build Firm s have been paid in full and that all other indebtedness and financial obligations connected with the Work have has been paid, or, in the alternative, and a consent of the Surety surety to final payment on Contractor’s behalfpayment; the final corrected as-built Drawingsdrawings; operations and maintenance data, and the final xxxx bill of Materialsmaterials, if required, and payment application. Design-Build Firm shall deliver the final Application written Design- Build Firm’s and all Manufacturer’s warranties prior to issuance of the Final Certificate for Payment. This Final payment package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified document.
6.3. If, after Substantial Completionthe Work has been substantially completed, Final Completion full completion thereof is materially delayed through no fault of ContractorDesign-Build Firm, and Consultant Project Manager so certifies, County City shall, upon certification of Consultantsuch certification, and without terminating this the Contract, make payment of the balance due for any that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but except that it shall not constitute a waiver of claims.
6.4. Final payment shall be made only after the Board or Director of Purchasing, as applicable, has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by ContractorDesign-Build Firm, except those previously made in strict accordance with the provisions of the General Conditions Contract and identified by Contractor Design-Build Firm as unsettled at the time of the application for final payment. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the Project Manager shall notify the Design-Build Firm in writing of the closeout of the Project.
Appears in 1 contract
Samples: Design Build Contract
ACCEPTANCE AND FINAL PAYMENT.
6.1. Upon receipt full performance hereof, and completion of the project, Contractor shall give written notice from Contractor to Engineer that the Work work is ready for final inspection and acceptance, Consultant and shall conduct at the same time submit evidence satisfactory to Engineer and the County that all payrolls, materials bills, sums due Subcontractors and any or all other indebtedness connected with the work has been fully paid. County shall promptly make an inspection within ten (10) daysof the work and construction done. If Consultant In the event any portion of the work is not in accordance with the plans and Contract Administrator find specifications or is faulty, whether such defect be latent or patent, discovered or undiscovered, before the final acceptance under this provision, Contractor shall at his expense remedy such deficiencies or defaults and correct any improper construction or workmanship as may be specified by the County, and shall thereupon complete performance of this contract in accordance with the plans and specifications and these contract documents. When, upon inspection, Engineer finds that the Work is acceptable; that project has been fully completed and the requisite documents have been submitted; that contract fully performed, he shall promptly issue and deliver to the requirements of County and the Contract Documents are fully satisfied; and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 11) shall be issued by Consultant, under its signature, Contractor Engineer’s signed final certificate stating that the requirements of work specified in the Contract Documents have contract has been performed completed and that the Work is ready for acceptance under the terms and conditions of this instrument. Such certificate shall state the Contract Documents.
6.2entire balance found to be due to Contractor. Before issuance Upon receipt of the Final Certificate final certificate from Engineer and the duly sworn certificate and affidavits as required in Section 7 above, and approval thereof by County, and a finding by County that said work has been completed according to the terms and conditions of the contract documents, County shall within twenty (20) days thereafter pay to Contractor the entire balance then due and payable under the terms of this contract. It is hereby specifically noted, understood and agreed that Engineer’s certificates, whether for Paymentthe issue of any progress payment or the final certificate for the issue of the final payment hereof, shall not of itself constitute an approval or acceptance of any faulty work or defective materials, whether latent or patent, neither shall any payments, whether progress payments or final payment by the County, constitute a waiver and/or acceptance of any defective or faulty workmanship or materials hereunder. On such final completion Contractor shall deliver furnish to Consultant the following Final Payment Package: County a complete release of all claims arising out and right of this Contract, or receipts in full in lieu thereof; an affidavit certifying that all suppliers lien and Subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the Work have been paid, or, in the alternative, a consent of the Surety to final payment on Contractor’s behalf; the final corrected as-built Drawings; and the final xxxx of Materials, if requiredsworn statements as required by law, and Contractor hereby acknowledges receipt of statutory notice to furnish the same before final Application for Payment. This Final payment package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified document.
6.3. If, after Substantial Completion, Final Completion is materially delayed through no fault of Contractor, and Consultant so certifies, County shall, upon certification of Consultant, and without terminating this Contract, make payment of the balance due for any portion of the Work fully completed and accepted. Such payment shall be made due under the terms and conditions governing final payment, but it shall not constitute a waiver this contract. The full performance of claims.
6.4. Final payment this contract shall be made only after the Board or Director of Purchasing, as applicable, has reviewed a written evaluation of the subject to Contractor’s full performance of Contractor prepared by all the Contract Administrator and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractorobligations contained thereunder, except those previously made in strict accordance together with the provisions of specific items and obligations and the General Conditions full performance thereof contained in the contract documents, plans and specifications, general conditions, and addenda thereto, heretofore identified by Contractor as unsettled at the time of the application for final paymentin this contract.
Appears in 1 contract
Samples: Contract for Project Performance
ACCEPTANCE AND FINAL PAYMENT.
6.1. Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall conduct an inspection within ten (10) days. If Consultant and Contract Administrator find that the Work is acceptable; that the requisite documents have been submitted; that the requirements of the Contract Documents are fully satisfied; and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 11) shall be issued by Consultant, under its signature, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documents.
6.2. Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant the following Final Payment Package: a complete release of all claims arising out of this Contract, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the Work have been paid, or, in the alternative, a consent of the Surety to final payment on Contractor’s behalf; the final corrected as-built Drawings; and the final xxxx bill of Materials, if required, and the final Application for Payment. This Final payment package Payment Package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified document.
6.3. If, after Substantial Completion, Final Completion is materially delayed through no fault of Contractor, and Consultant so certifies, County shall, upon certification of Consultant, and without terminating this Contract, make payment of the balance due for any portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but it shall not constitute a waiver of claims.
6.4. Final payment shall be made only after the Board or Director of Purchasing, as applicable, has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment.
Appears in 1 contract
Samples: Contract
ACCEPTANCE AND FINAL PAYMENT.
6.1. Upon receipt of written notice from Contractor Design-Build Firm that the Work is ready for final inspection and acceptance, Project Manager and/or Consultant shall conduct an inspection shall, within ten (10) calendar days, make an inspection thereof. If Project Manager and/or Consultant and Contract Administrator find that the Work is acceptable; that , the requisite documents have been submitted; that submitted and the requirements of the Contract Documents are fully satisfied; , and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of for Payment (Form 11) shall be issued by Consultant, under its signatureProject Manager, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documents.
6.2thereof. Before issuance of the Final Certificate for Payment, Contractor Design-Build Firm shall deliver to Consultant the following Final Payment Package: Project Manager a complete final release of all claims liens arising out of this Contractthe Contract Documents, or receipts in full in lieu thereof; an affidavit certifying that all suppliers suppliers, Subconsultants, and Subcontractors Sub Design-Build Firm s have been paid in full and that all other indebtedness and financial obligations connected with the Work have has been paid, or, in the alternative, and a consent of the Surety surety to final payment on Contractor’s behalfpayment; the final corrected as-built Drawingsdrawings; operations and maintenance data, and the final xxxx bill of Materialsmaterials, if required, and payment application. Design-Build Firm shall deliver the final Application written Design-Build Firm’s and all Manufacturer’s warranties prior to issuance of the Final Certificate for Payment. This Final payment package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified document.
6.3. If, after Substantial Completionthe Work has been substantially completed, Final Completion full completion thereof is materially delayed through no fault of ContractorDesign-Build Firm, and Consultant Project Manager so certifies, County City shall, upon certification of Consultantsuch certification, and without terminating this the Contract, make payment of the balance due for any that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but except that it shall not constitute a waiver of claims.
6.4. Final payment shall be made only after the Board or Director of Purchasing, as applicable, has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by ContractorDesign-Build Firm, except those previously made in strict accordance with the provisions of the General Conditions Contract and identified by Contractor Design-Build Firm as unsettled at the time of the application for final payment. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the Project Manager shall notify the Design-Build Firm in writing of the closeout of the Project.
Appears in 1 contract
Samples: Design Build Contract
ACCEPTANCE AND FINAL PAYMENT.
6.1. Upon receipt When the Contractor has completed all work in accordance with the terms of written notice from the Small Works Bid Documents, the Contractor that the Work is ready shall properly execute and submit to a NOANET Representative a request for final inspection payment and acceptance, Consultant shall conduct an inspection within ten (10) days. If Consultant and Contract Administrator find that the Work is acceptable; that the requisite documents have been submitted; that the requirements of the Contract Documents are fully satisfied; and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment Completion and Release (Form 11exhibit F) shall be issued by Consultant, under its signature, stating that the requirements The Certificate of the Contract Documents have been performed Completion and that the Work is ready for acceptance under the terms and conditions of the Contract Documents.
6.2. Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant the following Final Payment Package: a complete release of all claims arising out of this Contract, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the Work have been paid, or, in the alternative, a consent of the Surety to final payment on Contractor’s behalf; the final corrected as-built Drawings; and the final xxxx of Materials, if required, and the final Application for Payment. This Final payment package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified document.
6.3. If, after Substantial Completion, Final Completion is materially delayed through no fault of Contractor, and Consultant so certifies, County shall, upon certification of Consultant, and without terminating this Contract, make payment of the balance due for any portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but it shall not constitute a waiver of claims.
6.4. Final payment shall be made only after the Board or Director of Purchasing, as applicable, has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator and has approved the final payment. The acceptance of final payment Release shall constitute a waiver of all claims by the Contractor except for unsettled claims specifically stated. NOANET shall not process Contractor's request for final payment until after the Contractor furnishes the Certificate of Completion and Release. The Certificate of Completion and Release shall warrant that the Contractor has fully completed its work included in the Small Works Bid Documents and has fully paid for labor, except those previously made materials, equipment, services, taxes and all other costs and expenses of every nature and kind whatsoever resulting from the Small Works Bid Document. If any dispute exists between the Contractor and any person, firm or corporation to whom the Contractor might be obligated in strict connection with any Small Works Bid Document, the Contractor shall state the name of claimant and amount and general nature of claim against the Contractor. The Certificate of Completion and Release shall state the amount and nature of all present and future claims that the Contractor may have against NOANET shall not be complete until after the Contractor has delivered to a NOANET Representative a properly completed Certificate of Completion and Release. After receipt of a properly completed Certificate of Completion and Release and request for final payment, a NOANET Representative shall, within a reasonable time, make a recommendation to NOANET relative to acceptance of the Contractor's work. Such a recommendation shall not constitute a recommendation of acceptance of any work or materials not furnished in accordance with the provisions terms of this Contract and the Small Works Bid Document. Upon receipt of: (1) request for final payment and Certificate of Completion and Release, and (2) the NOANET Representative's recommendation relative to acceptance of work, NOANET shall, within a reasonable time, take action on the Contractor's final request for payment, and on acceptance of work. Such action shall be subject to the condition of the General Conditions Performance Bond, legal rights of NOANET, required warranties, and identified by Contractor correction of faulty work discovered after final payment. NOANET shall have the right to retain from any payment then due the Contractor, so long as any bills or claims remain unsettled at and outstanding, a sum sufficient, in the time opinion of NOANET, to provide for the payment of the application same. It is also understood and agreed that, in the case of any breach by the Contractor of the provisions hereof, NOANET may retain from any payment or payments which may become due hereunder, a sum sufficient, in the opinion of NOANET, to compensate for all damages occasioned by such breach including any such damages arising out of any delay on the part of the Contractor. Sixty (60) days after Final Acceptance, including Contractor's delivery of a properly completed Certificate of Completion and Release to a NOANET Representative, retainage may be claimed by the Contractor; provided, however, that there are no claims filed for material or laborers and that NOANET has received the certificate of the Washington State Department of Revenue of payment in full of all taxes, the Employment Security Department, and the approved Washington State Department of Labor and Industries Request for Contract Release form and the approved affidavit showing payment of prevailing wages. If any liens remain unsatisfied after final paymentpayment is made, the Contractor shall refund to NOANET such amounts as NOANET may have been compelled to pay in discharging such liens including all costs and reasonable attorney's fees. GC-‐22 NOANET REPRESENTATIVE'S STATUS, AUTHORITY AND PROTEST PROCEDURE A NOANET Representative shall represent NOANET. The Representative has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. The Representative shall also have authority to reject all work, equipment, and materials which do not conform to the Contract and to answer questions which arise in the execution of their work. Written Approval by the NOANET Representative signifies favorable opinion and qualified consent. It does not carry with it certification, assurance of completeness, assurance of quality, nor assurance of accuracy concerning details, dimensions, and quantities. It is not an acceptance by NOANET or certification that Contractor has performed the Contract work correctly or according to Contract Documents and the Small Works Bid Document. Such approval shall not relieve the Contractor from responsibility for errors or for deficiencies within their control. All claims of the Contractor and all questions relating to the interpretation of the Small Works Bid Document, including all questions as to the acceptable fulfillment of the Contract on the part of the Contractor and all questions as to compensation, shall be submitted in writing to the NOANET Representative for determination within the applicable time period specified in the Small Works Bid Document. All such determination and other instructions of the NOANET Representative shall be final unless the Contractor shall file with the NOANET Representative a written protest, stating clearly and in detail the basis thereof, within ten (10) calendar days after the NOANET Representative notifies the Contractor of such determination or instruction. The protest shall be forwarded by the NOANET Representative to NOANET’S Contract Manger, who shall issue a decision upon each such protest, and its decision shall be final. Pending such decision, the Contractor, if required by the NOANET Representative, shall proceed with the work in accordance with the determination or instructions of the NOANET Representative. The NOANET Representative may appoint assistants and inspectors to assist him in determining that the work performed and materials furnished comply with contract requirements. Such assistants and inspectors shall have authority to reject defective material and suspend any work that is being done improperly, subject to the final decisions of the NOANET Representative, or to exercise such additional authority as may be delegated to them by the NOANET Representative. All work done and all materials furnished shall be subject to inspections by the NOANET Representative or their inspectors at all times during the work. GC-‐23 COOPERATION WITH OTHERS There may be other contractors or forces of NOANET working the same area where work under the Small Works Bid Document shall be performed. The Contractor shall fully cooperate with such other contractors and NOANET’S employees and carefully fit their work with the other work consistent with orderly and expeditious performance and completion of the project as a whole.
Appears in 1 contract
Samples: Small Works Contract
ACCEPTANCE AND FINAL PAYMENT.
6.1. Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Project Manager and/or Consultant shall conduct an inspection shall, within ten (10) calendar days, make an inspection thereof. If Project Manager and/or Consultant and Contract Administrator find that the Work is acceptable; that , the requisite documents have been submitted; that submitted and the requirements of the Contract Documents are fully satisfied; , and that all conditions of the permits and regulatory agencies have been met, a Final Certificate of for Payment (Form 11) shall be issued by Consultant, under its signatureProject Manager, stating that the requirements of the Contract Documents have been performed and that the Work is ready for acceptance under the terms and conditions of the Contract Documents.
6.2thereof. Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant the following Final Payment Package: Project Manager a complete final release of all claims liens arising out of this Contractthe Contract Documents, or receipts in full in lieu thereof; an affidavit certifying that all suppliers suppliers, Subconsultants, and Subcontractors have been paid in full and that all other indebtedness and financial obligations connected with the Work have has been paid, or, in the alternative, and a consent of the Surety surety to final payment on Contractor’s behalfpayment; the final corrected as-as- built Drawingsdrawings; operations and maintenance data, and the final xxxx of Materialsmaterials, if required, and payment application. Contractor shall deliver the final Application written Contractor’s and all Manufacturer’s warranties prior to issuance of the Final Certificate for Payment. This Final payment package must include the certification document titled Final List of Non-Certified Subcontractors and Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all noncertified Subcontractors and suppliers used must be attached to this certified document.
6.3. If, after Substantial Completionthe Work has been substantially completed, Final Completion full completion thereof is materially delayed through no fault of Contractor, and Consultant Project Manager so certifies, County City shall, upon certification of Consultantsuch certification, and without terminating this the Contract, make payment of the balance due for any that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, but except that it shall not constitute a waiver of claims.
6.4. Final payment shall be made only after the Board or Director of Purchasing, as applicable, has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator and has approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions Contract and identified by Contractor as unsettled at the time of the application for final payment. Upon the receipt of all documentation, resolution of any outstanding issues and issuance of final payment, the Project Manager shall notify the Contractor in writing of the closeout of the Project.
Appears in 1 contract
Samples: Design and Construction Agreement