Common use of Conditions to Disbursement of Retainage Clause in Contracts

Conditions to Disbursement of Retainage. The disbursement by the Department of the retainage withheld pursuant to Section 7.02 shall be subject to the satisfaction of the following conditions:‌ (a) receipt by the Department of a certificate signed by the City and the Engineer stating that to their best knowledge the Project or applicable portion of the Project has been completed in accordance with the Plans and Specifications therefor;‌ (b) receipt by the Department of a copy of a lien and privilege certificate showing that no liens have been recorded encumbering the Project; (c) if requested by the Department, receipt by the Department of a certificate of cancellation evidencing that the construction contract or contracts have been canceled and erased from the mortgage records, if applicable; (d) receipt by the Department of a duly completed request for disbursement executed by the City covering the retainage; (e) a certificate of the City certifying that all Costs of the Project, and all change orders and amendments to all construction contracts, have been previously submitted by the City to the Department, which certificate contains an acknowledgment by the City that no further disbursements will be due to the City from the Department; (f) completion of a final inspection of the Project by the Department; (g) receipt by the Department of a duly completed certificate of labor standards by the City, if applicable; and (h) if not previously furnished by City, (i) a certified copy of a duly enacted sewer use ordinance, (ii) a sewer user charge ordinance and (iii) if applicable, an industrial waste ordinance, all as defined by the Regulations, each complying with applicable provisions of the Regulations and all other applicable State and federal regulations, which have been approved as to form and substance by the Department.

Conditions to Disbursement of Retainage. The disbursement by the Department of the retainage withheld pursuant to Section 7.02 shall be subject to the satisfaction of the following conditions:‌conditions: (a) receipt by the Department of a certificate signed by the City and the Engineer stating that to their best knowledge the Project or applicable portion of the Project has been completed in accordance with the Plans and Specifications therefor;‌therefor; (b) receipt by the Department of a copy of a lien and privilege certificate showing that no liens have been recorded encumbering the Project; (c) if requested by the Department, receipt by the Department of a certificate of cancellation evidencing that the construction contract or contracts have been canceled and erased from the mortgage records, if applicable; (d) receipt by the Department of a duly completed request for disbursement executed by the City covering the retainage; (e) a certificate of the City certifying that all Costs of the Project, and all change orders and amendments to all construction contracts, have been previously submitted by the City to the Department, which certificate contains an acknowledgment by the City that no further disbursements will be due to the City from the Department; (f) completion of a final inspection of the Project by the Department; (g) receipt by the Department of a duly completed certificate of labor standards by the City, if applicable; and (h) if not previously furnished by City, (i) a certified copy of a duly enacted sewer use ordinance, (ii) a sewer user charge ordinance and (iii) if applicable, an industrial waste ordinance, all as defined by the Regulations, each complying with applicable provisions of the Regulations and all other applicable State and federal regulations, which have been approved as to form and substance by the Department.