Request for Payment. SUBRECIPIENT shall request payment of funds hereunder for Project costs on a reimbursement basis (such requests, “Reimbursement Requests”), unless otherwise directed by MDEQ. SUBRECIPIENT shall submit Reimbursement Requests and supporting documentation of costs incurred as required by MDEQ to the MCWI Reimbursement Portal, located at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. All Reimbursement Requests for time periods ending June 30 of any year, during the Period of Performance under this Agreement, shall be submitted no later than July 31 of that same year. Final invoice(s) shall be submitted to MDEQ no later than September 30, 2026. The Reimbursement Request shall include, at a minimum, breakdowns of personnel, position, dates worked, tasks performed, and totals for contract costs, materials, supplies and equipment, included in the Reimbursement Request. SUBRECIPIENT shall make Reimbursement Requests in accordance with the following procedures and subject to the following terms and conditions: 1. SUBRECIPIENT may make Reimbursement Requests no more frequently than once monthly during the Period of Performance of this Agreement. 2. SUBRECIPIENT shall request payment under this Agreement only for the costs necessary to complete the Scope of Work specifically stated and required under this Agreement. 3. SUBRECIPIENT shall not request payment under this Agreement for other services or other work the SUBRECIPIENT or its contractors may provide under any other Subaward or Contract not related to this Project. 4. SUBRECIPIENT shall provide on each Reimbursement Request the amount of its LFRF, Transferred LFRF and Other Funds expended. SUBRECIPIENT shall also provide the amount requested for professional fees. MDEQ will then determine the amount of MCWI Grant Funds that each Reimbursement Request qualifies for within the Program regulations and procedures. 5. SUBRECIPIENT understands that no payment, including final payment, shall be interpreted as acceptance of defective and incomplete Work, and SUBRECIPIENT shall remain responsible for performance in strict compliance with this Agreement. If MDEQ rejects, condemns or fails to approve any part of the Scope of Work, it may issue a Notice to Cure or terminate this Agreement. 6. MDEQ reserves the right to refuse to pay all or any part of the funds requested in a Reimbursement Request for any of the following reasons: 1) at MDEQ’s discretion, the costs SUBRECIPIENT is seeking reimbursement for are not reasonable or necessary for the completion of the Work in this Agreement, 2) at MDEQ’s discretion, the costs are ineligible for reimbursement under this Project, 3) at the time the request is submitted SUBRECIPIENT has failed to comply with any term or condition of this Agreement, 4) at the time the request is submitted the SUBRECIPIENT has otherwise failed to perform the Work to date in accordance with the Scope of Work, or 5) at the time the request is submitted the SUBRECIPIENT has otherwise failed to comply with applicable state, federal, or local laws and regulations.
Appears in 4 contracts
Sources: Subaward Agreement, Subaward Agreement, Subaward Agreement
Request for Payment. SUBRECIPIENT shall request payment of funds hereunder for Project costs on a reimbursement basis (such requests, “Reimbursement Requests”), unless otherwise directed by MDEQ. SUBRECIPIENT shall submit Reimbursement Requests and supporting documentation of costs incurred as required by MDEQ to the MCWI Reimbursement Portal, located at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. All Reimbursement Requests for time periods ending June 30 of any year, during the Period of Performance under this Agreement, shall be submitted By no later than July 31 the tenth (10) day of that same yeareach month, Contractor shall submit a draft invoice for Concessionaire’s concurrence containing a brief and accurate description of all TTMS Work performed as of the first day of such month. Final invoice(s) shall be submitted to MDEQ By no later than September 30the fifteenth (15th) day of each month, 2026. The Reimbursement Request Contractor shall include, at submit to Concessionaire a minimum, breakdowns mutually agreed upon request for payment consisting of personnel, position, dates worked, tasks performed, and totals for contract costs, materials, supplies and equipment, included (a) a final agreed upon invoice in the Reimbursement Request. SUBRECIPIENT shall make Reimbursement Requests amount of the applicable Scheduled Payment; (b) a certificate signed by the Contractor that Contractor has achieved the appropriate percentage of completion required for such Scheduled Payment in accordance with the following procedures Payment and Values Schedule and attaching reasonable documentary evidence of the performance of the relevant portion of the TTMS Work sufficient for Concessionaire and the Lenders’ Technical Advisor, if applicable, to reasonably determine that such portion of the TTMS Work has been properly performed; and (c) copies of the lien waivers specified in Section 4.5 or a bond meeting the requirements set forth in Section 4.5 with respect to any lien not waived. Notwithstanding anything to the contrary contained herein, Concessionaire shall not be obligated to make any payment to the extent that such payment, when added to all other previous payments, exceeds the total amount designated as the “Maximum Cumulative Payment” for the corresponding month on the Maximum Cumulative Drawdown Schedule. Also, with each payment request, Contractor shall furnish to Concessionaire all cost details relating to such payment request as necessary for Concessionaire to satisfy the requirements of the Financing Parties and the legal requirements of all Governmental Authorities. Such information shall be subject to audit in accordance with Section 20.2 hereof. Concessionaire and Contractor shall use all reasonable efforts to cooperate with each other to cause each request for payment to be reviewed and certified by the following terms and conditions:
1end of each calendar month. SUBRECIPIENT may make Reimbursement Requests no more frequently than once monthly during the Period of Performance of this Agreement.
2. SUBRECIPIENT shall No request for payment under this Agreement only for the costs necessary to complete the Scope of Work specifically stated and required under this Agreement.
3. SUBRECIPIENT shall not request payment under this Agreement for other services or other work the SUBRECIPIENT or its contractors may provide under any other Subaward or Contract not related pursuant to this Project.
4. SUBRECIPIENT shall provide on each Reimbursement Request the amount of its LFRF, Transferred LFRF and Other Funds expended. SUBRECIPIENT shall also provide the amount requested for professional fees. MDEQ will then determine the amount of MCWI Grant Funds that each Reimbursement Request qualifies for within the Program regulations and procedures.
5. SUBRECIPIENT understands that no payment, including final payment, Section 4.2.1 shall be interpreted as acceptance submitted prior to the issuance of defective and incomplete Work, and SUBRECIPIENT shall remain responsible for performance in strict compliance with this Agreement. If MDEQ rejects, condemns or fails to approve any part of the Scope of Work, it may issue a Notice to Cure or terminate this Agreement.
6. MDEQ reserves the right to refuse to pay all or any part of the funds requested in a Reimbursement Request for any of the following reasons: 1) at MDEQ’s discretion, the costs SUBRECIPIENT is seeking reimbursement for are not reasonable or necessary for the completion of the Work in this Agreement, 2) at MDEQ’s discretion, the costs are ineligible for reimbursement under this Project, 3) at the time the request is submitted SUBRECIPIENT has failed to comply with any term or condition of this Agreement, 4) at the time the request is submitted the SUBRECIPIENT has otherwise failed to perform the Work to date Proceed in accordance with the Scope of Work, or 5) at the time the request is submitted the SUBRECIPIENT has otherwise failed to comply with applicable state, federal, or local laws and regulationsSection 2.3.1.
Appears in 2 contracts
Sources: Turnkey Lump Sum Design Build Contract, Turnkey Lump Sum Design Build Contract
Request for Payment. SUBRECIPIENT shall request payment By no later than the twenty-third (23rd) day of funds hereunder for Project costs on a reimbursement basis (such requestseach month, “Reimbursement Requests”), unless otherwise directed by MDEQ. SUBRECIPIENT Contractor shall submit Reimbursement Requests to Concessionaire its request for payment consisting of (a) an invoice in the amount of the applicable Scheduled Payment; (b) a certificate signed by the Contractor that Contractor has achieved the appropriate percentage of completion required for such Scheduled Payment in accordance with the Payment and supporting documentation Values Schedule and attaching reasonable documentary evidence of costs incurred the performance of the relevant portion of the DB Work sufficient for Concessionaire and the Independent Engineer to reasonably determine that such portion of the DB Work has been properly performed to include at a minimum a current statused cost-loaded baseline schedule with activities sorted and subtotaled at the Payment and Values Schedule level; (c) copies of the lien waivers specified in Section 4.5 or a bond meeting the requirements set forth in Section 4.5 with respect to any lien not waived; and (d) all certifications, affidavits and information as required by MDEQ Section 4.10. Notwithstanding anything to the MCWI Reimbursement Portalcontrary contained herein, located at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇Concessionaire shall not be obligated to make any payment to the extent that such payment, when added to all other previous payments, exceeds the total amount designated as the “Maximum Cumulative Contract Sum Payment” for the corresponding month on the Maximum Cumulative Drawdown Schedule or exceeds the total cumulative physical percent complete of the DB Work as derived by the progress schedule. All Reimbursement Requests Also, with each payment request, Contractor shall furnish to Concessionaire all cost details relating to such payment request as necessary for time periods ending June 30 Concessionaire to satisfy the requirements of any year, during the Period Financing Parties and the legal requirements of Performance under this Agreement, all Governmental Authorities. Such information shall be submitted subject to audit in accordance with Section 20.2 hereof. Concessionaire and Contractor shall use all reasonable efforts to cooperate with each other to cause each request for payment to be reviewed and certified by the end of each calendar month. Contractor agrees that no later than July 31 of that same year. Final invoice(s) information shall be submitted to MDEQ no later than September 30, 2026. The Reimbursement Request shall include, at a minimum, breakdowns of personnel, position, dates worked, tasks performed, and totals for contract costs, materials, supplies and equipment, included in the Reimbursement Request. SUBRECIPIENT shall make Reimbursement Requests in accordance with Independent Engineer or the following procedures and subject to the following terms and conditions:
1. SUBRECIPIENT may make Reimbursement Requests no more frequently than once monthly during the Period of Performance of this Agreement.
2. SUBRECIPIENT shall request payment Department under this Agreement only Section 4.2.1 without its first being submitted to Concessionaire for the costs necessary to complete the Scope of Work specifically stated Concessionaire’s Review and required under this AgreementConcessionaire’s Approval.
3. SUBRECIPIENT shall not request payment under this Agreement for other services or other work the SUBRECIPIENT or its contractors may provide under any other Subaward or Contract not related to this Project.
4. SUBRECIPIENT shall provide on each Reimbursement Request the amount of its LFRF, Transferred LFRF and Other Funds expended. SUBRECIPIENT shall also provide the amount requested for professional fees. MDEQ will then determine the amount of MCWI Grant Funds that each Reimbursement Request qualifies for within the Program regulations and procedures.
5. SUBRECIPIENT understands that no payment, including final payment, shall be interpreted as acceptance of defective and incomplete Work, and SUBRECIPIENT shall remain responsible for performance in strict compliance with this Agreement. If MDEQ rejects, condemns or fails to approve any part of the Scope of Work, it may issue a Notice to Cure or terminate this Agreement.
6. MDEQ reserves the right to refuse to pay all or any part of the funds requested in a Reimbursement Request for any of the following reasons: 1) at MDEQ’s discretion, the costs SUBRECIPIENT is seeking reimbursement for are not reasonable or necessary for the completion of the Work in this Agreement, 2) at MDEQ’s discretion, the costs are ineligible for reimbursement under this Project, 3) at the time the request is submitted SUBRECIPIENT has failed to comply with any term or condition of this Agreement, 4) at the time the request is submitted the SUBRECIPIENT has otherwise failed to perform the Work to date in accordance with the Scope of Work, or 5) at the time the request is submitted the SUBRECIPIENT has otherwise failed to comply with applicable state, federal, or local laws and regulations.
Appears in 2 contracts
Sources: Design Build Contract, Design Build Contract
Request for Payment. SUBRECIPIENT shall request payment of funds hereunder for Project costs on a reimbursement basis (such requests, “"Reimbursement Requests”"), unless otherwise directed by MDEQ. SUBRECIPIENT shall submit Reimbursement Requests and supporting documentation of costs incurred as required by MDEQ to the MCWI Reimbursement Portal, located at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. All Reimbursement Requests for time periods ending June 30 of any year, during the Period of Performance under this Agreement, shall be submitted no later than July 31 of that same year. Final invoice(s) shall be submitted to MDEQ no later than September 30, 2026. The Reimbursement Request shall include, at a minimum, breakdowns of personnel, position, dates worked, tasks performed, and totals for contract costs, materials, supplies and equipment, included in the Reimbursement Request. SUBRECIPIENT shall make Reimbursement Requests in accordance with the following procedures and subject to the following terms and conditions:
1. SUBRECIPIENT may make Reimbursement Requests no more frequently than once monthly during the Period of Performance of this ofPerformance ofthis Agreement.
2. SUBRECIPIENT shall request payment under this Agreement only for the costs necessary to complete the Scope of Work specifically stated and required under this Agreement.
3. SUBRECIPIENT shall not request payment under this Agreement for other services or other work the SUBRECIPIENT or its contractors may provide under any other Subaward or Contract not related to this Project.
4. SUBRECIPIENT shall provide on each Reimbursement Request the amount of its LFRF, Transferred LFRF and Other Funds expended. SUBRECIPIENT shall also provide the amount requested for professional fees. MDEQ will then determine the amount of MCWI ofMCWI Grant Funds that each Reimbursement Request qualifies for within the Program regulations and procedures.
5. SUBRECIPIENT understands that no payment, including final payment, shall be interpreted as acceptance of defective and incomplete Work, and SUBRECIPIENT shall remain responsible for performance in strict compliance with this Agreement. If MDEQ rejects, condemns or fails to approve any part of the Scope of Work, it may issue a Notice to Cure or terminate this Agreement.
6. MDEQ reserves the right to refuse to pay all or any part of the funds requested in a Reimbursement Request for any of the following reasons: 1) at MDEQ’s 's discretion, the costs SUBRECIPIENT is seeking reimbursement for are not reasonable or necessary for the completion of the Work in this Agreement, 2) at MDEQ’s atMDEQ's discretion, the costs are ineligible for reimbursement under this Project, 3) at the time the request is submitted SUBRECIPIENT has failed to comply with any term or condition of this Agreement, 4) at the time the request is submitted the SUBRECIPIENT has otherwise failed to perform the Work to date in accordance with the Scope of Work, or 5) at the time the request is submitted the SUBRECIPIENT has otherwise failed to comply with applicable state, federal, or local laws and regulations.
Appears in 1 contract
Sources: Subaward Agreement
Request for Payment. SUBRECIPIENT shall request payment of funds hereunder for Project costs on a reimbursement basis (such requests, “Reimbursement Requests”), unless otherwise directed by MDEQ. SUBRECIPIENT shall submit Reimbursement Requests and supporting documentation of costs incurred as required by MDEQ to the MCWI Reimbursement Portal, located at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. All Reimbursement Requests for time periods ending June 30 of any year, during the Period of Performance under this Agreement, shall be submitted By no later than July 31 the tenth (10) day of that same yeareach month, Contractor shall submit a draft invoice for Concessionaire’s concurrence containing a brief and accurate description of all TTMS Work performed as of the first day of such month. Final invoice(s) shall be submitted to MDEQ By no later than September 30the fifteenth (15th) day of each month, 2026. The Reimbursement Request Contractor shall include, at submit to Concessionaire a minimum, breakdowns mutually agreed upon request for payment consisting of personnel, position, dates worked, tasks performed, and totals for contract costs, materials, supplies and equipment, included (a) a final agreed upon invoice in the Reimbursement Request. SUBRECIPIENT shall make Reimbursement Requests amount of the applicable Scheduled Payment; (b) a certificate signed by the Contractor that Contractor has achieved the appropriate percentage of completion required for such Scheduled Payment in accordance with the following procedures Payment and Values Schedule and attaching reasonable documentary evidence of the performance of the relevant portion of the TTMS Work sufficient for Concessionaire and the Lenders’ Technical Advisor, if applicable, to reasonably determine that such portion of the TTMS Work has been properly performed; and (c) copies of the lien waivers specified in Section 4.5 or a bond meeting the requirements set forth in Section 4.5 with respect to any lien not waived. Notwithstanding anything to the contrary contained herein, Concessionaire shall not be obligated to make any payment to the extent that such payment, when added to all other previous payments, exceeds the total amount designated as the “Maximum Cumulative Payment” for the corresponding month on the Maximum Cumulative Drawdown Schedule. Also, with each payment request, Contractor shall furnish to Concessionaire all cost details relating to such payment request as necessary for Concessionaire to satisfy the requirements of the Financing Parties and the legal requirements of all Governmental Authorities. Such information shall be subject to audit in accordance with Section 20.2 hereof. Concessionaire and Contractor shall use all reasonable efforts to cooperate with each other to cause each request for payment to be reviewed and certified by the following terms and conditions:
1end of each calendar month. SUBRECIPIENT may make Reimbursement Requests no more frequently than once monthly during the Period of Performance of this Agreement.
2. SUBRECIPIENT shall No request for payment under this Agreement only for the costs necessary to complete the Scope of Work specifically stated and required under this Agreement.
3. SUBRECIPIENT shall not request payment under this Agreement for other services or other work the SUBRECIPIENT or its contractors may provide under any other Subaward or Contract not related pursuant to this Project.
4. SUBRECIPIENT shall provide on each Reimbursement Request the amount of its LFRF, Transferred LFRF and Other Funds expended. SUBRECIPIENT shall also provide the amount requested for professional fees. MDEQ will then determine the amount of MCWI Grant Funds that each Reimbursement Request qualifies for within the Program regulations and procedures.
5. SUBRECIPIENT understands that no payment, including final payment, Section 4 .2.1 shall be interpreted as acceptance submitted prior to the issuance of defective and incomplete Work, and SUBRECIPIENT shall remain responsible for performance in strict compliance with this Agreement. If MDEQ rejects, condemns or fails to approve any part of the Scope of Work, it may issue a Notice to Cure or terminate this Agreement.
6. MDEQ reserves the right to refuse to pay all or any part of the funds requested in a Reimbursement Request for any of the following reasons: 1) at MDEQ’s discretion, the costs SUBRECIPIENT is seeking reimbursement for are not reasonable or necessary for the completion of the Work in this Agreement, 2) at MDEQ’s discretion, the costs are ineligible for reimbursement under this Project, 3) at the time the request is submitted SUBRECIPIENT has failed to comply with any term or condition of this Agreement, 4) at the time the request is submitted the SUBRECIPIENT has otherwise failed to perform the Work to date Proceed in accordance with the Scope of Work, or 5) at the time the request is submitted the SUBRECIPIENT has otherwise failed to comply with applicable state, federal, or local laws and regulations.Section
Appears in 1 contract