Common use of Completion and Closeout Clause in Contracts

Completion and Closeout. Upon Final Completion of all Work, the Contractor shall notify the Agency of its completion. The Agency shall schedule a Final Inspection and allow the Contractor to demonstrate that all equipment and systems operate as designed. The Agency may elect to have other persons, firms or agencies participate in the inspections. Projects exceeding the Agency’s construction procurement certification level shall require an inspection by the Office of State Engineer (OSE) and the State Engineer’s issuance of a Certificate of Occupancy. (The Contractor may find Agency construction certification limits on Procurement Services website at xxxxx://xxxxxxxxxxx.xx.xxx/agency/audits/cert-limits) Final payment will not be due nor retained funds released until: the Agency agrees that the project is complete; OSE or the Agency, which ever has authority, issues a Certificate of Occupancy (SE-585); and the Agency receives from the Contractor the following: Affidavit of payment of debts and claims; Consent of Surety, if any, to final payment. Both parties shall attempt to resolve disputes through good faith negotiations. All disputes, claims, or controversies relating to the Contract, that cannot be resolved through good faith negotiations between the parties shall be resolved exclusively by the appropriate Chief Procurement Officer in accordance with Title 11, Chapter 35, Article 17 of the South Carolina Code of Laws, or in the absence of jurisdiction, only in the Court of Common Pleas for, or a federal court located in, Richland County, State of South Carolina. Contractor agrees that any act by the State regarding the Contract is not a waiver of either the State’s sovereign immunity or the State’s immunity under the Eleventh Amendment of the United States Constitution. As used herein, “the State” includes the Agency and the State Fiscal Accountability Authority.