Common use of Final Acceptance and Payment Clause in Contracts

Final Acceptance and Payment. § 9.10.2.1 Neither final payment nor any remaining retained percentage shall become due until the Owner has formally accepted the Project. To achieve final acceptance, the Owner must issue a Certificate of Final Completion and a final Certificate for Payment under Section 9.10.1, a final occupancy permit must have been issued or all governmental inspections necessary for use and occupancy must have been unconditionally made and passed (as applicable), and the Design-Builder submits to the Owner (1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner’s property might in anyway be responsible or encumbered have been paid or otherwise satisfied, except for any claims of subcontractors of any tier that are specifically identified on the affidavit; (2) a certificate evidencing that insurance required by the Design-Build Documents shall remain in force 30 days after final payment is due is currently in effect and will not be canceled or allowed to expire until at least 30 days’ prior written notice has been given to the Owner; (3) a written statement that the Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design-Build Documents, (4) consent of surety, if any, to final payment, (5) as-constructed record copy of the Design-Build Documents marked to indicate field changes and selections made during construction, (6) All manufacturer’s warranties, guarantees, product data, maintenance and operations manuals, operation instructions, certificates, spare parts, maintenance stock, specified excess material, and other documents or items required by the Design-Build Documents (7) Certification that the materials in the Work are “lead-free” and “asbestos-free”; (8) Originals of all permits, licenses and certificates, together with a certified statement that the Design-Builder has closed all necessary permits or otherwise met the requirements of all governing jurisdictions related to this project, including but not limited to all city or county departments, health Owners and utility Owners, provided to Owner with a copy of all closed or signed off permits, (9) Proof satisfactory to Owner that the Design-Builder has fully complied with the requirements of ORS 279C.845(7) (10) That, if the Design-Builder is not domiciled in or registered to do business in the State of Oregon, the Design-Builder has complied with the requirements of ORS 279A.120.2 (11) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. § 9.10.2.2 If an Architect, a Consultant, or a Contractor, or other person or entity providing services or work for the Design-Builder, refuses to furnish a release or waiver required by the Owner, the Owner may: (1) Retain funds in such amount as to defray the cost of foreclosing the liens of such claims and to pay attorneys’ fees, the total of which shall be no less than 150% of the claimed amount, or (2) may accept a bond from the Design-Builder satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the Design- Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees.

Final Acceptance and Payment. § (EXCLUDING RETAINAGE) 9.10.2.1 Neither final Final payment nor any remaining retained percentage shall not become due until the Owner Owner’s Director of Capital Projects has formally accepted determined that the ProjectWork of the Project has attained Final Completion and is prepared to submit the Project to the Owner’s Board of Directors for the Board’s Final Acceptance of the Project (“Final Acceptance”).. Pursuant to RCW 60.28, “Lien for Labor, Materials, Taxes on Public Works,” completion of the Contract Work shall occur upon Final Acceptance. To achieve final acceptanceFinal Acceptance, the Owner must issue a Certificate of Final Completion and a final Certificate for Payment under Section 9.10.1, a final occupancy permit must have been issued or all governmental inspections necessary for use and occupancy must have been unconditionally made and passed (as applicable)occurred, and the Design-Builder submits must have submitted to the OwnerOwner the following: (1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work, Work for which the Owner or the Owner’s property might in anyway be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, except for any claims of subcontractors of any tier that are specifically identified on the affidavit;affidavit (Affidavit of Payment of Debts and Claims, AIA form G706 or equivalent), (2) a certificate evidencing that insurance required by the Design-Build Documents shall to remain in force 30 days after final payment is due is currently in effect and will not be canceled or allowed to expire until at least 30 forty-five days’ prior written notice has been given to the Owner;, (3) a written statement that the Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design-Build Documents, (4) consent of surety, if any, to final paymentpayment (AIA form G707 or equivalent), (5) as-constructed record copy other data establishing payment or satisfaction of or protection against obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Design-Build Documents marked Documents, to indicate field changes the extent and selections made during constructionin such form as may be designated by the Owner (“Affidavit of Release of Liens,” AIA form G706A or equivalent), (6) All manufacturer’s warrantiespursuant to RCW 39.12.040, guaranteesan “Affidavit of Wages Paid” from the Design-Builder and from each Subcontractor of any tier certified by the Industrial Statistician of the Washington State Department of Labor and Industries, product data, maintenance and operations manuals, operation instructions, certificates, spare parts, maintenance stock, specified excess material, and other documents or items required with the fees paid by the Design-Build DocumentsBuilder or Subcontractor, (7) Certification certification that the materials in the Work are “lead-free” and “asbestos-free”;,” and (8) Originals of all permitswarranties, licenses and guarantees, training, manuals, operation instructions, certificates, together with a certified statement that spare parts, maintenance manuals and stock, specified excess material, as-built drawings and other documents, training or items required by the Design-Builder has closed all necessary permits Build Documents or otherwise met the requirements of all governing jurisdictions related to this project, including but not limited to all city or county departments, health Owners and utility Owners, provided to Owner with a copy of all closed or signed off permits, (9) Proof satisfactory to Owner that the Design-Builder has fully complied with the requirements of ORS 279C.845(7) (10) That, if the Design-Builder is not domiciled in or registered to do business in the State of Oregon, the Design-Builder has complied with the requirements of ORS 279A.120.2 (11) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Ownerlocal governmental entities. § 9.10.2.2 If an Architect, a Consultant, or a Contractor, or other person or entity providing services or work for the Design-Builder, refuses to furnish a release or waiver required by the Owner, the Owner may: (1) Retain funds in such amount as to defray the cost of foreclosing the liens of such claims and to pay attorneys’ fees, the total of which shall be no less than 150% of the claimed amount, or (2) may accept a bond from the Design-Builder satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the Design- Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees.

Final Acceptance and Payment. § 9.10.2.1 Neither final (EXCLUDING RETAINAGE) 10.2.1 Final payment nor any remaining retained percentage shall not become due until after the Owner has formally accepted the ProjectProject (“Final Acceptance”). Pursuant to RCW 60.28, “Lien for Labor, Materials, Taxes on Public Works,” completion of the Contract Work shall occur upon Final Acceptance. To achieve final acceptanceFinal Acceptance, the Owner must issue a Certificate of Final Completion and a final Certificate for Payment under Section 9.10.1, a final occupancy permit must have been issued or all governmental inspections necessary for use and occupancy must have been unconditionally made and passed (as applicable)occurred, and the Design-Builder submits must have submitted to the OwnerOwner the following: (1) an affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work, Work for which the Owner or the Owner’s property might in anyway be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, except for any claims of subcontractors of any tier that are specifically identified on the affidavit;affidavit (Affidavit of Payment of Debts and Claims, AIA form G706 or equivalent), (2) a certificate evidencing that insurance required by the Design-Build Documents shall to remain in force 30 days after final payment is due is currently in effect and will not be canceled cancelled or allowed to expire until at least 30 forty-five days’ prior written notice has been given to the Owner;, (3) a written statement that the Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design-Build Documents, (4) consent of surety, if any, to final paymentpayment (AIA form G707 or equivalent), (5) as-constructed record copy other data establishing payment or satisfaction of or protection against obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Design-Build Documents marked Documents, to indicate field changes the extent and selections made during constructionin such form as may be designated by the Owner (“Affidavit of Release of Liens,” AIA form G706A or equivalent), (6) All manufacturer’s warrantiespursuant to RCW 39.12.040, guaranteesan “Affidavit of Wages Paid” from the Design-Builder and from each Subcontractor of any tier certified by the Industrial Statistician of the Washington State Department of Labor and Industries, product data, maintenance and operations manuals, operation instructions, certificates, spare parts, maintenance stock, specified excess material, and other documents or items required with the fees paid by the Design-Build DocumentsBuilder or Subcontractor, (7) Certification certification that the materials in the Work are “lead-free” and “asbestos-free”;,” and (8) Originals of all permitswarranties, licenses and guarantees, training, manuals, operation instructions, certificates, together with a certified statement that spare parts, maintenance manuals and stock, specified excess material, as-built drawings and other documents, training or items required by the Design-Builder has closed all necessary permits Build Documents or otherwise met the requirements of all governing jurisdictions related to this project, including but not limited to all city or county departments, health Owners and utility Owners, provided to Owner with a copy of all closed or signed off permits, (9) Proof satisfactory to Owner that the Design-Builder has fully complied with the requirements of ORS 279C.845(7) (10) That, if the Design-Builder is not domiciled in or registered to do business in the State of Oregon, the Design-Builder has complied with the requirements of ORS 279A.120.2 (11) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Ownerlocal governmental entities. § 9.10.2.2 If an Architect, a Consultant, or a Contractor, or other person or entity providing services or work for the Design-Builder, refuses to furnish a release or waiver required by the Owner, the Owner may: (1) Retain funds in such amount as to defray the cost of foreclosing the liens of such claims and to pay attorneys’ fees, the total of which shall be no less than 150% of the claimed amount, or (2) may accept a bond from the Design-Builder satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances. If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the Design- Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys’ fees.