Common use of Final Payment and Acceptance Clause in Contracts

Final Payment and Acceptance. ‌ A. If, on the basis of observation of the Work by CITY REP during construction and final inspection and review of the final Application for Payment and accompanying documentation by CITY REP and the Project Designer, all as required by the Contract Documents, CITY is satisfied that the Work has been completed and CONTRACTOR has fulfilled all of its obligations under the Contract Documents, CITY REP, with the concurrence and assistance of the Project Designer, shall within ten days after receipt of the final Application for Payment, indicate in writing a recommendation for payment and present the Application to CITY for payment. Thereupon, the Project Designer will give written notice to CITY and CONTRACTOR that the Work is acceptable subject to the provisions of Paragraph 15.8. Otherwise, CITY REP will return the Application to CONTRACTOR indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form and substance, and the CITY finds the Work has been completed according to the Contract, the CITY shall accept the Work, shall file a notice of completion, and shall pay the entire sum so found to be due as recommended by the CITY REP, after deducting therefrom all previous payments and all amounts to be retained under the provisions of the Contract. All prior progress estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall be due and payable within sixty (60) days from the date of filing a notice of completion of the Work by the CITY. B. If, through no fault of CONTRACTOR, final completion is materially delayed and if CITY REP so confirms, CITY shall, upon receipt of CONTRACTOR'S final Application for Payment and recommendation of the Project Designer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by CITY for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and if bonds have been furnished as required in Paragraph 5 the written consent of the Surety to the payment of the balance due for the portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to CITY REP with CONTRACTOR’S Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

Final Payment and Acceptance. ‌ A. If, on 14.10.1. Upon receipt of written notice from the basis of observation of the Work by CITY REP during construction and final inspection and review of the final Application for Payment and accompanying documentation by CITY REP and the Project Designer, all as required by the Contract Documents, CITY is satisfied Contractor that the Work WORK has been completed in conformity with the Drawings and CONTRACTOR has fulfilled Specifications and any approved changes thereto, and receipt of the Final Application for Payment, Final Receipt and Release of Lien and accompanying documentation, the CITY'S CONSULTANT shall promptly examine the WORK and, making such tests as he may deem proper and using all of its the care and judgment normally exercised in the examination of completed WORK by a properly qualified and experienced Professional CONSULTANT, shall satisfy himself that the CONTRACTOR'S statement appears to be correct and the CONTRACTOR'S other obligations under the Contract DocumentsDocuments have been fulfilled. He shall then inform the CITY in writing that he has examined the WORK and that it appears, CITY REPto the best of his knowledge and belief, with to conform to the concurrence Contract Drawings, Specifications and assistance any approved Change Orders, that the CONTRACTORS other obligations under the Contract Documents have been fulfilled, and that he therefore recommends acceptance of the Project DesignerWORK for Cityship and Final Payment to the CONTRACTOR. However, it is agreed by the CITY and the CONTRACTOR that such statement by the CITY'S CONSULTANT does not in any way relieve the CONTRACTOR from his responsibility to deliver a fully completed job in a good and workmanlike condition, and does not render the CONSULTANT or the CITY liable for any faulty WORK done or defective materials or equipment used by the CONTRACTOR. 14.10.2. The CONSULTANT shall within ten days after receipt then make a final estimate of the final Application for Payment, indicate in writing a recommendation for payment value of all WORK done and present the Application to CITY for paymentshall deduct all previous payments which have been made. Thereupon, the Project Designer will give written notice to CITY and CONTRACTOR that the Work is acceptable subject The CONSULTANT shall report such estimate to the provisions of Paragraph 15.8. Otherwise, CITY REP will return the Application to CONTRACTOR indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate together with his recommendation as to form the acceptance of the WORK or his findings as to any deficiencies therein. After receipt and substance, and acceptance by the CITY finds of the Work has been completed according properly executed Final Warranty of Title and after approval of the CONSULTANT'S estimate and recommendation to the ContractCITY, the CITY shall accept make final payment to the Work, shall file a notice CONTRACTOR of completion, and shall pay the entire sum so found to be due as recommended by the CITY REP, Amount remaining after deducting therefrom all previous prior payments and all amounts to be kept or retained under the provisions of the ContractContract Documents, or as may be lawfully retained, including, but not limited to, Liquidated Damages, as applicable. Title passes and warranty begins at final acceptance. 14.10.3. All prior progress estimates and payments shall be are subject to correction in the final estimate and paymentestimate. The final payment shall be due and payable within sixty (60) Thirty days from after approval by the date of filing a notice of completion CITY of the Work by the CITY. B. If, through no fault of CONTRACTOR, final completion is materially delayed and if CITY REP so confirms, CITY shall, upon receipt of CONTRACTOR'S final Application application for Payment and recommendation of the Project Designer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by CITY for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and if bonds have been furnished as required in Paragraph 5 the written consent of the Surety to the payment of the balance due for the portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to CITY REP with CONTRACTOR’S Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it the amount recommended by CONSULTANT shall not constitute a waiver of claimsbecome due and shall be paid to Contractor.

Final Payment and Acceptance. ‌ A. If, on the basis of observation of the Work by CITY REP during construction and final inspection and review of the final Application for Payment and accompanying documentation by CITY REP and the Project Designer, all as required by the Contract Documents, CITY If OWNER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all of its DESIGN/BUILDER’s other obligations under the Contract Documents, CITY REP, Documents have been fulfilled (other than receipt of the written emissions compliance report documenting compliance with the concurrence and assistance of the Project Designeratmospheric emission criteria set forth in Exhibit A), shall OWNER will, within ten (10) days after receipt of the such final Application for Payment, indicate in writing a recommendation for payment and present the Application to CITY for payment. Thereupon, the Project Designer will give written notice to CITY and CONTRACTOR DESIGN/BUILDER that the such Work is acceptable subject to the provisions of Paragraph 15.8acceptable. Otherwise, CITY REP OWNER will return the Application to CONTRACTOR DESIGN/BUILDER, indicating in writing the reasons for refusing to recommend process final payment, in which case CONTRACTOR DESIGN/BUILDER shall make the necessary corrections and resubmit the Application. If Thirty (30) days after the presentation to OWNER of the acceptable Application and accompanying documentation are documentation, in appropriate as to form and substancesubstance and with OWNER’s notice of acceptability, $250,000 of the remaining amount of the Contract Price will become due and will be paid by OWNER to DESIGN/BUILDER. If the CITY finds written emissions compliance report documenting compliance with the atmospheric emission critieria set forth in Exhibit A is received by OWNER on or before OWNER’s receipt of such final Application for Payment, the remaining $250,000 of the Contract Price will become due and will be paid by OWNER to DESIGN/BUILDER on the same date as set forth in the immediately preceding sentence. If the written emissions compliance report documenting compliance with the atmospheric emission critieria set forth in Exhibit A is received by OWNER after OWNER’s receipt of such final Application for Payment, the remaining $250,000 of the Contract Price will become due and will be paid by OWNER to DESIGN/BUILDER thirty (30) days after OWNER’s receipt of such report. “As built” drawings and OWNER’s manuals shall be delivered to OWNER within six (6) months after receipt by DESIGN/BUILDER of such notice that the Work has been completed according to the Contract, the CITY shall accept the Work, shall file a notice of completion, and shall pay the entire sum so found to be due as recommended by the CITY REP, after deducting therefrom all previous payments and all amounts to be retained under the provisions of the Contract. All prior progress estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall be due and payable within sixty (60) days from the date of filing a notice of completion of the Work by the CITYis acceptable. B. If, through no fault of CONTRACTORDESIGN/BUILDER, final completion of the Work is materially delayed and if CITY REP so confirmssignificantly delayed, CITY OWNER shall, upon receipt of CONTRACTOR'S DESIGN/BUILDER’s final Application for Payment and recommendation of the Project DesignerPayment, and without terminating the ContractAgreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by CITY OWNER for Work not fully completed or corrected is less than the retainage stipulated in the ContractAgreement, and if bonds have been furnished as required in Paragraph 5 the written consent of the Surety surety to the payment of the balance due for the that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR DESIGN/BUILDER to CITY REP OWNER with CONTRACTOR’S the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.