Conditions Precedent to Final Payment. Neither Final Payment nor any final release of Retainage shall become due until such time as CM@Risk submits to the Owner: a) An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied by CM@Risk; b) A certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days’ prior written notice has been given to the Owner; c) Consent of Surety to Final Payment; d) Unconditional waivers of lien in statutory form from all Subcontractors, material suppliers, or other persons or entities having provided labor, materials and equipment relating to the Work; e) If required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract Documents; f) All Project warranty documents, including special manufacturers warranties; g) Final Subcontractor List; h) All approved submittals and shop drawings (electronic copy); i) Schedule of Required Maintenance; j) Operation and Maintenance Manuals (electronic and hard copies); k) As-Builts (electronic copies, hard copies and BIM Model); l) Any required Owner training provided by CM@Risk; m) Budget Reconciliation including satisfactory audit of the Construction General Conditions; n) Final Test & Balance Report sealed by professional; o) Commissioning completed and reports received; p) All keys have been returned; and q) Any other items identified by Owner, which are listed in Owner’s Final Project Completion Checklist and agreed to by CM@Risk in Contract Documents, to be received by Owner.
Appears in 4 contracts
Samples: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement, Construction Manager at Risk Agreement
Conditions Precedent to Final Payment. Neither Final Payment nor any final release of Retainage shall not become due until such time as CM@Risk Contractor submits to the Owner:
a) An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied by CM@RiskContractor (FS #99);
b) A certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days’ prior written notice has been given to the Owner;
c) Consent of Surety to Final PaymentPayment (FS #87);
d) Unconditional waivers of lien in statutory form from all Subcontractors, material suppliers, or other persons or entities having provided labor, materials and equipment relating to the WorkWork (FS #84);
e) If required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract DocumentsDocuments (FS #89);
f) All Project warranty documents, including special manufacturers warrantieswarranties (FS #80);
g) Final Subcontractor ListList (FS #82);
h) All approved submittals Submittals and shop drawings Shop Drawings (electronic copy);
i) Schedule of Required MaintenanceMaintenance (FS #88);
j) Operation and Maintenance Manuals (1 electronic copy and 3 hard copies);
k) As-Builts (1 electronic copy and 3 hard copies, hard copies and BIM Model);
l) Any required Owner training provided by CM@RiskContractor;
m) Budget Reconciliation including satisfactory audit of the Construction General Conditions;
n) Final Test & Balance Report sealed by professional, if applicable;
on) Commissioning completed and reports received, if applicable;
po) All NAU keys have been returned, and the key return form (FS #10) has been signed by NAU Building Access Services and submitted to the NAU Project Manager; and
qp) Any other items identified by Owner, which are listed in Owner’s Final Project Completion Checklist and agreed to by CM@Risk Contractor in Contract Documents, to be received by Owner.
Appears in 2 contracts
Samples: Job Order Contract, Job Order Contract
Conditions Precedent to Final Payment. Neither Final Payment nor any final release of Retainage shall become due until such time as CM@Risk Contractor submits to the Owner:
a) An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied by CM@RiskContractor;
b) A certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days’ prior written notice has been given to the Owner;
c) Consent of Surety to Final Payment;
d) Unconditional waivers of lien in statutory form from all Subcontractors, material suppliers, or other persons or entities having provided labor, materials and equipment relating to the Work;
e) If required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract Documents;
f) All Project warranty documents, including special manufacturers warranties;
g) Final Subcontractor List;
h) All approved submittals Submittals and shop drawings Shop Drawings (electronic copy);
i) Schedule of Required Maintenance;
j) Operation and Maintenance Manuals (electronic and hard copies);
k) As-Builts (electronic copies, hard copies and BIM Modelhard copies);
l) Any required Owner training provided by CM@RiskContractor;
m) Budget Reconciliation including satisfactory audit of the Construction General Conditions;
n) Final Test & Balance Report sealed by professional;
on) Commissioning completed and reports received;
po) All keys have been returned;
p) Building Permit Completion/Certificate of Occupancy (if applicable); and
q) Any other items identified by Owner, which are listed in Owner’s Final Project Completion Checklist and agreed to by CM@Risk Contractor in Contract Documents, to be received by Owner.
Appears in 2 contracts
Samples: Construction Services Agreement, Construction Services Agreement
Conditions Precedent to Final Payment. Neither Final Payment nor any final release of Retainage shall not become due until such time as CM@Risk Contractor submits to the Owner:
a) An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied by CM@RiskContractor;
b) A certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days’ prior written notice has been given to the Owner;
c) Consent of Surety to Final Payment;
d) Unconditional waivers of lien in statutory form from all Subcontractors, material suppliers, or other persons or entities having provided labor, materials and equipment relating to the Work;
e) If required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract Documents;
f) All Project warranty documents, including special manufacturers warranties;
g) Final Subcontractor List;
h) All approved submittals Submittals and shop drawings Shop Drawings (electronic copy);
i) Schedule of Required Maintenance;
j) Operation and Maintenance Manuals (one (1) electronic and hard copiescopy);
k) As-Builts (one (1) electronic copies, hard copies and BIM Modelcopy);
l) Any required Owner training provided by CM@RiskContractor;
m) Budget Reconciliation including satisfactory audit of the Construction General Conditions;
n) Final Test & Balance Report sealed by professional, if applicable;
on) Commissioning completed and reports received, if applicable;
po) All ASU keys have been returned, and the key return form has been signed by ASU Building Access Services and submitted to the ASU Project Manager; and
qp) Any other items identified by Owner, which are listed in Owner’s Final Project Completion Checklist and agreed to by CM@Risk Contractor in Contract Documents, to be received by Owner.
Appears in 2 contracts
Samples: Standard Form Agreement, Job Order Contract
Conditions Precedent to Final Payment. Neither Final Payment nor any final release of Retainage shall become due until such time as CM@Risk submits to the Owner:
a) An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied by CM@Risk;
b) A certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days’ prior written notice has been given to the Owner;
c) Consent of Surety to Final Payment;
d) Unconditional waivers of lien in statutory form from all Subcontractors, material suppliers, or other persons or entities having provided labor, materials and equipment relating to the Work;
e) If required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract Documents;
f) All Project warranty documents, including special manufacturers warranties;
g) Final Subcontractor List;
h) All approved submittals Submittals and shop drawings Shop Drawings (electronic copy);
i) Schedule of Required Maintenance;
j) Operation and Maintenance Manuals (electronic and hard copies);
k) As-Builts (electronic copies, hard copies and BIM Model);
l) Any required Owner training provided by CM@Risk;
m) Budget Reconciliation including satisfactory audit of the Construction General Conditions;
n) Final Test & Balance Report sealed by professional;
o) Commissioning completed and reports received;
p) All keys have been returned; and
q) Any other items identified by Owner, which are listed in Owner’s Final Project Completion Checklist and agreed to by CM@Risk in Contract Documents, to be received by Owner.
Appears in 2 contracts
Samples: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement (Cm@risk)
Conditions Precedent to Final Payment. Neither Final Payment nor any final release of Retainage shall not become due until such time as CM@Risk Contractor submits to the Owner:
a) An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied by CM@RiskContractor;
b) A certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment is currently in effect and will not be canceled or allowed to expire until at least thirty (30) calendar days’ prior written notice has been given to the Owner;
c) Consent of Surety to Final Payment;
d) Unconditional waivers of lien in statutory form from all Subcontractors, material suppliers, or other persons or entities having provided labor, materials and equipment relating to the Work;
e) If required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract Documents;
f) All Project warranty documents, including special manufacturers warranties;
g) Final Subcontractor List;
h) All approved submittals Submittals and shop drawings Shop Drawings (electronic copy);
i) Schedule of Required Maintenance;
j) Operation and Maintenance Manuals (one (1) electronic copy and three (3) hard copies);
k) As-Builts (one (1) electronic copy and three (3) hard copies, hard copies and BIM Model);
l) Any required Owner training provided by CM@RiskContractor;
m) Budget Reconciliation including satisfactory audit of the Construction General Conditions;
n) Final Test & Balance Report sealed by professional, if applicable;
on) Commissioning completed and reports received, if applicable;
po) All ASU keys have been returned, and the key return form has been signed by ASU Building Access Services and submitted to the ASU Project Manager; and
qp) Any other items identified by Owner, which are listed in Owner’s Final Project Completion Checklist and agreed to by CM@Risk Contractor in Contract Documents, to be received by Owner.
Appears in 1 contract
Samples: Job Order Contract
Conditions Precedent to Final Payment. Neither Final Payment final payment nor any final release of Retainage shall become due until such time as CM@Risk the Work has been approved and accepted by the Owner, in writing; all conditions and requirements imposed by Owner or any financing entity for the corresponding disbursement have been met; and the Design/Builder submits to the Owner all of the following in forms acceptable to Owner:
a) An 5.10.2.1 Design/Builder’s affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s 's property might be responsible or encumbered (less amounts withheld by the Owner) have been paid or otherwise satisfied by CM@Risksatisfied;
b) 5.10.2.1 If required by the Owner, delivery to and acceptance by the Owner of full and final unconditional lien waivers and releases in statutory form for Design/Builder and any person performing labor or supplying material, machinery, fixtures, tools, or services for the Work. If a Subcontractor or other person refuses to furnish a release or waiver required by the Owner, the Design/Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien.
5.10.2.2 A certificate evidencing that insurance required by the Contract Documents to remain in force after Final Payment final payment is currently in effect and will not be canceled cancelled or allowed to expire until at least thirty (30) calendar days’ Days' prior written notice has been given to the Owner;
c) 5.10.2.3 Consent of Surety to Final Paymentfinal payment;
d) Unconditional waivers of lien in statutory form from all Subcontractors, material suppliers, or other persons or entities having provided labor, materials and equipment relating to the Work;
e) If required by the Owner, other 5.10.2.4 Other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract DocumentsDocuments as required by the Owner;
f) All Project warranty documents5.10.2.5 Delivery to Owner of all warranties, including special manufacturers warranties;
g) Final Subcontractor List;
h) All approved submittals operation and shop drawings (electronic copy);
i) Schedule of Required Maintenance;
j) Operation maintenance manuals, record drawings, complete “as-built” drawings, plans and Maintenance Manuals (electronic specifications and hard copies);
k) As-Builts (electronic copies, hard copies other documents as required by section 2.7 and BIM Model);
l) Any required Owner training provided by CM@Risk;
m) Budget Reconciliation including satisfactory audit of the Construction General Conditions;
n) Final Test & Balance Report sealed by professional;
o) Commissioning completed and reports received;
p) All keys have been returnedContract Documents; and
q) Any other items identified by Owner, which are listed in Owner’s Final Project Completion Checklist and agreed to by CM@Risk in Contract Documents, to be received by Owner.
Appears in 1 contract
Samples: Design/Build Services Agreement
