Common use of Application for Final Payment Clause in Contracts

Application for Final Payment. After issuance of RMWD’s final written acceptance, the Contractor may make application for final payment following the procedure for progress payments. Neither the final payment nor the remaining retained percentage shall become due unless the application for final payment is accompanied by such supporting data as RMWD may require, together with complete and legally effective releases or waivers, satisfactory to RMWD, of all liens arising out of the Contract Documents and the labor and services performed and the material and equipment furnished thereunder. In lieu thereof and as approved by RMWD, the Contractor may furnish receipts or releases in full; an affidavit of the Contractor that the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which RMWD or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of Surety, if any, to final payment. If any Subcontrac- tor, Sub-subcontractor, or supplier fails or refuses to furnish a release or receipt in full, the Contractor may furnish a Bond satisfactory to RMWD to indemnify him against any such lien. If any such lien remains unsatisfied after all payments are made, the Contractor or his surety shall pay to RMWD all moneys RMWD may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. A. The Contractor must obtain an unconditional waiver and release of claims upon final payment from all suppliers and subcontractors which have filed preliminary notices with RMWD. B. The Contractor must obtain in writing releases from each owner of real property from which the Contractor has obtained permission to use land. Such release shall state that the land is returned to the property owner in an acceptable condition. Similar releases must be obtained from owners of property disturbed by the Contractor from which the Contractor has not obtained permission to use or enter; except that releases are limited to restoration of land to original lines and grades, restoration of vegetation and removal of waste material.

Application for Final Payment. After issuance On or about the date of RMWD’s final written acceptancedelivery of its Affidavit of Final Completion, the DB Contractor may make application shall prepare and submit a proposed Application for final payment following Final Payment to the procedure District showing the proposed total amount due the DB Contractor. In addition to meeting all other requirements for progress payments. Neither invoices hereunder, the final payment nor Application for Final Payment shall include the remaining retained percentage shall become due unless following: (a) an affidavit, on the application form prescribed by the District, to the effect that all payments have been made and all Claims have been released for final payment is accompanied all material, labor and other items covered by such supporting data as RMWD may require, together with complete and legally effective releases or waivers, satisfactory to RMWD, of all liens arising out of the Contract Documents bond; or (b) a list of any outstanding or pending Potential Change Order (PCO) Notices and all existing or threatened Claims, Liens and stop notices by Subcontractors, laborers, Utility Companies or other third parties relating to the labor and services performed and the material and equipment furnished thereunder. In lieu thereof and as approved by RMWDProject, the Contractor may furnish receipts including any notices filed or releases in full; an affidavit of the Contractor that the releases and receipts include all labor, services, material and equipment for which a lien could to be filed, and that all payrolls, material and equipment bills, and other indebtedness connected filed with the Work for which RMWD or his property might in any way be responsibleAffidavit of Final Completion, have been paid or otherwise satisfiedstating the amount at issue associated with each such notice; (c) the written consent by the Surety to such payment; and consent of Surety, if any, (d) such other documentation as the District may reasonably require. Prior applications and payments shall be subject to final paymentcorrection in the proposed Application for Final Payment. PCO Notices filed concurrently with the Application for Final Payment must be otherwise timely and meet all requirements under Sections 14 and 15. If any Subcontrac- tor, Sub-subcontractor, or supplier fails or a Subcontractor refuses to furnish a release or receipt in fullwaiver required by the District, the DB Contractor may furnish a Bond bond satisfactory to RMWD the District to indemnify him the District against any such lienLien. If any such lien Lien remains unsatisfied after all payments are mademade and is not bonded over as provided in the previous sentence, the DB Contractor or his surety shall promptly pay to RMWD the District all moneys RMWD money that the District may be compelled to pay in discharging such lienLien, including all costs and reasonable attorneys' ’ fees. A. . The Contractor must obtain an unconditional waiver District will review the DB Contractor’s proposed Application for Final Payment, and release of claims upon final payment from all suppliers and subcontractors which have filed preliminary notices with RMWD. B. The Contractor must obtain in writing releases from each owner of real property from which the Contractor has obtained permission to use land. Such release shall state that the land is returned changes or corrections will be forwarded to the property owner in an acceptable conditionDB Contractor for correction. Similar releases must be obtained from owners of property disturbed by If no changes or corrections are required, the Contractor from which District will approve the Contractor has not obtained permission to use or enter; except that releases are limited to restoration of land to original lines and grades, restoration of vegetation and removal of waste materialApplication for Final Payment.

Application for Final Payment. After issuance ‌ On or about the date of RMWD’s final written acceptancedelivery of its Affidavit of Final Completion, the DB Contractor may make application shall prepare and submit a proposed Application for final payment following Final Payment to the procedure District showing the proposed total amount due the DB Contractor. In addition to meeting all other requirements for progress payments. Neither invoices hereunder, the final payment nor Application for Final Payment shall include the remaining retained percentage shall become due unless following: (a) an affidavit, on the application form prescribed by the District, to the effect that all payments have been made and all Claims have been released for final payment is accompanied all material, labor and other items covered by such supporting data as RMWD may require, together with complete and legally effective releases or waivers, satisfactory to RMWD, of all liens arising out of the Contract Documents bond; or (b) a list of any outstanding or pending Potential Change Order (PCO) Notices and all existing or threatened Claims, Liens and stop notices by Subcontractors, laborers, Utility Companies or other third parties relating to the labor and services performed and the material and equipment furnished thereunder. In lieu thereof and as approved by RMWDProject, the Contractor may furnish receipts including any notices filed or releases in full; an affidavit of the Contractor that the releases and receipts include all labor, services, material and equipment for which a lien could to be filed, and that all payrolls, material and equipment bills, and other indebtedness connected filed with the Work for which RMWD or his property might in any way be responsibleAffidavit of Final Completion, have been paid or otherwise satisfiedstating the amount at issue associated with each such notice; (c) the written consent by the Surety to such payment; and consent of Surety, if any, (d) such other documentation as the District may reasonably require. Prior applications and payments shall be subject to final paymentcorrection in the proposed Application for Final Payment. PCO Notices filed concurrently with the Application for Final Payment must be otherwise timely and meet all requirements under Sections 14 and 15. If any Subcontrac- tor, Sub-subcontractor, or supplier fails or a Subcontractor refuses to furnish a release or receipt in fullwaiver required by the District, the DB Contractor may furnish a Bond bond satisfactory to RMWD the District to indemnify him the District against any such lienLien. If any such lien Lien remains unsatisfied after all payments are mademade and is not bonded over as provided in the previous sentence, the DB Contractor or his surety shall promptly pay to RMWD the District all moneys RMWD money that the District may be compelled to pay in discharging such lienLien, including all costs and reasonable attorneys' ’ fees. A. . The Contractor must obtain an unconditional waiver District will review the DB Contractor’s proposed Application for Final Payment, and release of claims upon final payment from all suppliers and subcontractors which have filed preliminary notices with RMWD. B. The Contractor must obtain in writing releases from each owner of real property from which the Contractor has obtained permission to use land. Such release shall state that the land is returned changes or corrections will be forwarded to the property owner in an acceptable conditionDB Contractor for correction. Similar releases must be obtained from owners of property disturbed by If no changes or corrections are required, the Contractor from which District will approve the Contractor has not obtained permission to use or enter; except that releases are limited to restoration of land to original lines and grades, restoration of vegetation and removal of waste materialApplication for Final Payment.