Common use of Completion and Final Payment Clause in Contracts

Completion and Final Payment. 8.5.1 When the Contractor has completed or corrected all items on the final Punch List and considers that the Work is complete and ready for final acceptance, the Contractor must give written notice to the City and request a final inspection of the Work. The Contractor’s notice and request for a final inspection must be accompanied by a final Application for Payment and the Submittals required by Section 8.5.3. 8.5.2 Upon receipt of the Contractor’s notice and request for final inspection, the City will promptly make such inspection and, when the City concurs that the Work has been fully completed and is acceptable under the Contract Documents, the City’s Engineer will issue a Certificate of Final Completion to the City. The Contractor’s notice and request for final inspection constitutes a representation by the Contractor to the City that the Work has been completed in full and strict accordance with terms and conditions of the Contract Documents. The Contractor will be promptly notified if the City does not concur that the Work is finally complete. In such case, the Contractor must bear the cost of any additional services of the City until the Work is determined to be finally complete. 8.5.3 Neither final payment nor any remaining retained percentage will become due until the Contractor submits the following documents to the City: 1. An Affidavit that all payrolls, bills for materials and equipment, and other indebtedness incurred in connection with the execution and completion of the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied; 2. Consent of the surety, if applicable, to final payment; 3. An affidavit stating the Contractor has fully complied with the provisions and requirements of the Prevailing Wage Law, Section 290.210 through 290.340 RSMo., as amended; and 4. If required by the City, other data establishing payment or satisfaction of all such obligations, such as receipts and releases arising out of the Contract, to the extent and in such form as may be designated by the City. If any Subcontractor refuses to furnish a release or waiver required by the City, the Contractor may furnish a bond satisfactory to the City indemnifying the City against any liability relating to such Subcontractor. If any such claimed liability remains unsatisfied after all payments are made, the Contractor shall refund to the City all moneys that the City incurs or may be compelled to pay in discharging such claimed liability, including all costs and reasonable attorneys’ fees. 8.5.4 The acceptance of final payment shall constitute a waiver of all claims by the Contractor, except those previously made in writing and still unsettled.

Completion and Final Payment. 8.5.1 5.5.1 When all of the Contractor has completed or corrected all items on the final Punch List and considers that the Work Artwork is finally complete and the Artist is ready for a final acceptanceinspection, it shall notify the City thereof in writing. Thereupon, the Contractor must give written notice to the City and request a will make final inspection of the Work. The Contractor’s notice and request for a final inspection must be accompanied by a final Application for Payment and the Submittals required by Section 8.5.3. 8.5.2 Upon receipt of the Contractor’s notice and request for final inspection, the City will promptly make such inspection Artwork and, when if the City concurs that the Work Artwork is complete in full accordance with this Contract and this Contract has been fully completed and is acceptable under the Contract Documentsperformed, the City’s Engineer will issue a Certificate of Final Completion Artist shall be entitled to the Cityremainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. The Contractor’s notice and request for If the City is required to repeat its final inspection constitutes a representation by the Contractor to the City that the Work has been completed in full and strict accordance with terms and conditions of the Contract Documents. The Contractor will be promptly notified if the City does not concur that the Work is finally complete. In such caseArtwork, the Contractor must Artist shall bear the cost of any additional services of such repeat final inspection(s) which cost may be deducted by the City until from the Work is determined Artist's final payment.‌ 5.5.1.1 When the City reasonably believes that Final Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Artist an amount then believed by the City to be finally complete.adequate to offset such delays. City is authorized to deduct from and offset against any and all payments or amounts otherwise due Artist under this Contract or any other agreement between City and Artist an amount equal to any and all sums or obligations owed by Artist to the City under any such agreement between City and Artist.‌ 8.5.3 Neither 5.5.2 As a condition precedent to final payment nor any remaining retained percentage will become due until to the Contractor submits Artist, the Artist shall deliver to the City the following documents in a form acceptable to the City: 1. An Affidavit ; a final receipt and release of the City; the Artist's affidavit that all payrolls, bills invoices for materials and equipment, and other indebtedness incurred in connection liabilities connected with the execution and completion of the Work Artwork for which the City City, or its the City's property might in any way be responsible, have been fully paid or otherwise satisfied; 2. Consent ; releases and waivers of lien from all Subcontractors of the surety, if applicable, to final payment; 3. An affidavit stating the Contractor has fully complied with the provisions Artist and requirements of the Prevailing Wage Law, Section 290.210 through 290.340 RSMo., as amended; and 4. If any and all other parties required by the City, other data establishing payment or satisfaction ; a duly executed assignment of any and all such obligations, such as receipts and releases arising out of the Contract, to the extent and in such form as may be designated warranties required by the CityContract Documents; any and all manuals required by the Contract Documents; any and all manuals relating to Project materials or Project maintenance; and all as-built drawings required by the Contract Documents. If any Subcontractor third party fails or refuses to furnish provide a release of claim or waiver of lien as required by the City, the Contractor may Artist shall furnish a bond satisfactory to the City indemnifying to discharge any such lien or indemnify the City against any liability relating from liability.‌ 5.5.3 As a further condition precedent to such Subcontractor. If any such claimed liability remains unsatisfied after all payments are madefinal payment, the Contractor Artist shall refund furnish to the City all moneys a complete and comprehensive set of as-built drawings as required in the Contract Documents; said as-built drawings are to be submitted on minimum 24’’ x 36” bond paper and electronically in PDF format , and the City and the Artist agree and acknowledge that the Contract Price includes all cost and expense associated with the production of said as- built drawings.‌ 5.5.4 The City incurs or may be compelled to pay in discharging such claimed liability, including all costs and reasonable attorneys’ fees. 8.5.4 The acceptance of shall make final payment shall constitute a waiver of all claims by sums due the Contractor, except those previously made in writing and still unsettled.Artist within twenty-five‌

Completion and Final Payment. 8.5.1 11.1. Work completion shall be defined as all elements of the Work or work segment, being complete including all subsidiary items and “punch-list” items. 11.2. When all of the Work is finally complete and the Contractor has completed or corrected all items on is ready for a final inspection, it shall notify the City and the City Public Works Field Superintendent thereof in writing. Thereupon, the City Public Works Field Superintendent will make final Punch List and considers inspection of the Work and, if the Work is complete in accordance with this Contract, the City Public Works Field Superintendent will promptly issue a final Certificate for Payment certifying to the City that the Work is complete and ready for final acceptance, the Contractor must give written notice is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. If the City Public Works Field Superintendent is unable to issue its final Certificate for Payment and request a is required to Tree Trimming September 2011 repeat its final inspection of the Work. The Contractor’s notice and request for a final inspection must be accompanied by a final Application for Payment and the Submittals required by Section 8.5.3. 8.5.2 Upon receipt of the Contractor’s notice and request for final inspection, the City will promptly make such inspection and, when the City concurs that the Work has been fully completed and is acceptable under the Contract Documents, the City’s Engineer will issue a Certificate of Final Completion to the City. The Contractor’s notice and request for final inspection constitutes a representation by the Contractor to the City that the Work has been completed in full and strict accordance with terms and conditions of the Contract Documents. The Contractor will be promptly notified if the City does not concur that the Work is finally complete. In such case, the Contractor must shall bear the cost of any additional services of such repeat final inspection(s), which cost may be deducted by the City until from the Work is determined to be finally completeContractor's full payment. 8.5.3 Neither final 11.3. The Contractor shall not be entitled to any payment nor any remaining retained percentage will become due unless and until the Contractor it submits the following documents to the City: 1. An Affidavit City Public Works Field Superintendent its affidavit that all payrolls, bills invoices for materials and equipment, and other indebtedness incurred in connection liabilities connected with the execution and completion of the Work for which the City City, or its the City's property might in any way be responsible, have been fully paid or otherwise satisfied; 2. Consent ; releases and waivers of lien from all Subcontractors and Suppliers of the suretyContractor and of any and all other parties required by the City; and consent of Surety, if applicableany, to final payment; 3. An affidavit stating the Contractor has fully complied with the provisions and requirements of the Prevailing Wage Law, Section 290.210 through 290.340 RSMo., as amended; and 4. If required by the City, other data establishing payment or satisfaction of all such obligations, such as receipts and releases arising out of the Contract, to the extent and in such form as may be designated by the City. If any Subcontractor third party fails or refuses to furnish provide a release of claim or waiver of lien as required by the City, the Contractor may shall furnish a bond satisfactory to the City indemnifying to discharge any such lien or indemnify the City against any liability relating to such Subcontractorfrom liability. 11.4. If any such claimed liability remains unsatisfied after The City shall make final payment of all payments are made, sums due the Contractor shall refund to within thirty (30) days of the later of the City all moneys that Public Works Field Superintendent's execution of a final Certificate for Payment, or execution of the City incurs or may be compelled to pay in discharging such claimed liability, including all costs and reasonable attorneys’ feesdocuments contemplated herein. 8.5.4 The acceptance 11.5. Acceptance of final payment shall constitute a waiver of all claims against the City by the Contractor except for those claims previously made in writing against the City by the Contractor, except those previously made pending at the time of final payment, and identified in writing and still unsettledby the Contractor as unsettled at the time of its request for final inspection.

Completion and Final Payment. 8.5.1 5.5.1 When all of the Contractor has completed or corrected all items on the final Punch List and considers that the Work Artwork is finally complete and the Artist is ready for a final acceptanceinspection, it shall notify the City thereof in writing. Thereupon, the Contractor must give written notice to the City and request a will make final inspection of the Work. The Contractor’s notice and request for a final inspection must be accompanied by a final Application for Payment and the Submittals required by Section 8.5.3. 8.5.2 Upon receipt of the Contractor’s notice and request for final inspection, the City will promptly make such inspection Artwork and, when if the City concurs that the Work Artwork is complete in full accordance with this Contract and this Contract has been fully completed and is acceptable under the Contract Documentsperformed, the City’s Engineer will issue a Certificate of Final Completion Artist shall be entitled to the Cityremainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. The Contractor’s notice and request for If the City is required to repeat its final inspection constitutes a representation by the Contractor to the City that the Work has been completed in full and strict accordance with terms and conditions of the Contract Documents. The Contractor will be promptly notified if the City does not concur that the Work is finally complete. In such caseArtwork, the Contractor must Artist shall bear the cost of any additional services of such repeat final inspection(s) which cost may be deducted by the City until from the Work is determined Artist's final payment. 5.5.1.1 When the City reasonably believes that Final Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Artist an amount then believed by the City to be finally completeadequate to offset such delays. City is authorized to deduct from and offset against any and all payments or amounts otherwise due Artist under this Contract or any other agreement between City and Artist an amount equal to any and all sums or obligations owed by Artist to the City under any such agreement between City and Artist. 8.5.3 Neither 5.5.2 As a condition precedent to final payment nor any remaining retained percentage will become due until to the Contractor submits Artist, the Artist shall deliver to the City the following documents in a form acceptable to the City: 1. An Affidavit ; a final receipt and release of the City; the Artist's affidavit that all payrolls, bills invoices for materials and equipment, and other indebtedness incurred in connection liabilities connected with the execution and completion of the Work Artwork for which the City City, or its the City's property might in any way be responsible, have been fully paid or otherwise satisfied; 2. Consent ; releases and waivers of lien from all Subcontractors of the surety, if applicable, to final payment; 3. An affidavit stating the Contractor has fully complied with the provisions Artist and requirements of the Prevailing Wage Law, Section 290.210 through 290.340 RSMo., as amended; and 4. If any and all other parties required by the City, other data establishing payment or satisfaction ; a duly executed assignment of any and all such obligations, such as receipts and releases arising out of the Contract, to the extent and in such form as may be designated warranties required by the CityContract Documents; any and all manuals required by the Contract Documents; any and all manuals relating to Project materials or Project maintenance; and all as-built drawings required by the Contract Documents. If any Subcontractor third party fails or refuses to furnish provide a release of claim or waiver of lien as required by the City, the Contractor may Artist shall furnish a bond satisfactory to the City indemnifying to discharge any such lien or indemnify the City against any liability relating from liability. 5.5.3 As a further condition precedent to such Subcontractor. If any such claimed liability remains unsatisfied after all payments are madefinal payment, the Contractor Artist shall refund furnish to the City all moneys a complete and comprehensive set of as-built drawings as required in the Contract Documents; said as-built drawings are to be submitted on minimum 24’’ x 36” bond paper and electronically in PDF format , and the City and the Artist agree and acknowledge that the City incurs or may be compelled to pay in discharging such claimed liability, including Contract Price includes all costs cost and reasonable attorneys’ feesexpense associated with the production of said as-built drawings. 8.5.4 5.5.4 The acceptance City shall make final payment of all sums due the Artist within twenty-five (25) days of the City’s final inspection of the Artwork. 5.5.5 Acceptance of final payment shall constitute a waiver of all claims against the City by the Contractor, Artist except for those claims previously made in writing against the City by the Artist, pending at the time of final payment, and still unsettledidentified in writing by the Artist as unsettled at the time of its request for final payment.