Common use of SUBSTANTIAL COMPLETION PAYMENT Clause in Contracts

SUBSTANTIAL COMPLETION PAYMENT. 76.1. The Contractor shall submit with the Substantial Completion requisition: 76.1.1. A final verified statement of any pending Article 60 disputes in accordance with the PPB Rules and this Contract and any and all alleged claims against the City, in any way connected with or arising out of this Contract (including those as to which details may have been furnished pursuant to 0, Article 60, Article 61, and Article 63 setting forth with respect to each such claim the total amount thereof, the various items of labor and materials included therein, and the alleged value of each item; and if the alleged claim be one for delay, the alleged cause of each such delay, the period or periods of time, giving the dates when the Contractor claims the performance of the Work or a particular part thereof was delayed, and an itemized statement and breakdown of the amount claimed for each such delay. 76.1.1.1. With respect to each such claim, the Commissioner, the Comptroller and, in the event of litigation, the City Corporation Counsel shall have the same right to inspect, and to make extracts or copies of, the Contractor’s books, vouchers, records, etc., as is referred to in 0, Article 60, Article 61, and Article 63, Nothing contained in Article 76. 1.1.1 is intended to or shall relieve the Contractor from the obligation of complying strictly with 0, Article 60, Article 61 and Article 63. The Contractor is warned that unless such claims are completely set forth as herein required, the Contractor upon acceptance of the Substantial Completion payment pursuant to this Article will have waived any such claims. 76.1.2. A Final Approved Punch List. 76.1.3. Where required, a request for an extension of time to achieve Substantial Completion or final extension of time. 76.2. The Commissioner shall issue a voucher calling for payment of any part or all of the balance due for Work performed under the Contract, including monies retained under Article 54, less any and all deductions authorized to be made by the Commissioner, under this Contract or by Law, and less twice the amount the Commissioner considers necessary to ensure the completion of the balance of the Work by the Contractor. Such a payment shall be considered a partial and not a final payment. No Substantial Completion payment shall be made under this Article where the Contractor failed to complete the Work within the time fixed for such completion in the Schedule A, or within the time to which completion may have been extended, until an extension or extensions of time for the completion of Work have been acted upon pursuant to Article 46. 76.3. No further partial payments shall be made to the Contractor after Substantial Completion, except the Substantial Completion payment and payment pursuant to any Contractor’s requisition that were properly filed with the Commissioner prior to the date of Substantial Completion; however, the Commissioner may grant a waiver for further partial payments after the date of Substantial Completion to permit payments for change order Work and/or release of retainage and deposits pursuant to Article 54 and Article 57. Such waiver shall be in writing. 76.4. The Contractor acknowledges that nothing contained in this Article is intended to or shall in any way diminish the force and effect of Article 46.

Appears in 7 contracts

Sources: Furnish and Install Agreement, Furnish and Install Agreement, Furnish and Install Agreement

SUBSTANTIAL COMPLETION PAYMENT. 76.177.1. The Contractor shall submit with the Substantial Completion requisition: 76.1.177.1.1. A final verified statement of any pending Article 60 disputes in accordance with the PPB Rules and this Contract and any and all alleged claims against the City, in any way connected with or arising out of this Contract (including those as to which details may have been furnished pursuant to 0Articles 44, Article 60, Article 61, and Article 63 63) setting forth with respect to each such claim the total amount thereof, the various items of labor and materials included therein, and the alleged value of each item; and if the alleged claim be one for delay, the alleged cause of each such delay, the period or periods of time, giving the dates when the Contractor claims the performance of the Work or a particular part thereof was delayed, and an itemized statement and breakdown of the amount claimed for each such delay. 76.1.1.177.1.1.1. With respect to each such claim, the Commissioner, the Comptroller and, in the event of litigation, the City Corporation Counsel shall have the same right to inspect, and to make extracts or copies of, the Contractor’s books, vouchers, records, etc., as is referred to in 0Article 44, Article 60, Article 61, and Article 63, . Nothing contained in this Article 7677. 1.1.1 is intended to or shall relieve the Contractor from the obligation of complying strictly with 0Article 44, Article 60, Article 61 61, and Article 63. The Contractor is warned that unless such claims are completely set forth as herein required, the Contractor upon acceptance of the Substantial Completion payment pursuant to this Article 77 will have waived any such claims. 76.1.277.1.2. A Final Approved Punch List. 76.1.377.1.3. Where required, a request for an extension of time to achieve Substantial Completion or final extension of time. 76.277.2. The Commissioner shall issue a voucher calling for payment of any part or all of the balance due for Work performed under the Contract, including monies retained under Article 54, less any and all deductions authorized to be made by the Commissioner, under this Contract or by Law, and less twice the amount the Commissioner considers necessary to ensure the completion of the balance of the Work by the Contractor. Such a payment shall be considered a partial and not a final payment. No Substantial Completion payment shall be made under this Article 77 where the Contractor failed to complete the Work within the time fixed for such completion in the Schedule A, or within the time to which completion may have been extended, until an extension or extensions of time for the completion of Work have been acted upon pursuant to Article 46. 76.377.3. No further partial payments shall be made to the Contractor after Substantial Completion, except the Substantial Completion payment and payment pursuant to any Contractor’s requisition that were properly filed with the Commissioner prior to the date of Substantial Completion; however, the Commissioner may grant a waiver for further partial payments after the date of Substantial Completion to permit payments for change order Work and/or release of retainage and deposits pursuant to Article 54 and Article 57. Such waiver shall be in writing. 76.477.4. The Contractor acknowledges that nothing contained in this Article 77 is intended to or shall in any way diminish the force and effect of Article 46.

Appears in 3 contracts

Sources: Furnish and Install Agreement, Furnish and Install Agreement, Furnish and Install Agreement

SUBSTANTIAL COMPLETION PAYMENT. 76.175.1. When the Work in the opinion of the Commissioner, has been substantially but not entirely completed, he/she shall issue a certificate of Substantial Completion. 75.2. The Contractor shall submit with the Substantial Completion requisition: 76.1.175.2.1. A final verified statement Final Verified Statement of any pending Article 60 disputes in accordance with the PPB Rules and this Contract and any and all alleged claims against the CityCity and any pending dispute resolution procedures in accord with the PPB Rules and this Contract, in any way connected with or arising out of this Contract (including those as to which details may have been furnished pursuant to 0Article 45, Article 60, Article 61, and Article 63 63) setting forth with respect to each such claim the total amount thereof, the various items of labor and materials included therein, and the alleged value of each item; and if the alleged claim be one for delay, the alleged cause of each such delay, the period or periods of time, giving the dates when the Contractor claims the performance of the Work or a particular part thereof was delayed, and an itemized statement and breakdown of the amount claimed for each such delay. 76.1.1.175.2.1.1. With respect to each such claim, the Commissioner, the Comptroller and, in the event of litigation, the City Corporation Counsel of the City shall have the same right to inspect, and to make extracts or copies of, the Contractor’s books, vouchers, records, etc., as is referred to in 0Article 45, Article 60, Article 61, and Article 63, . Nothing contained in this Article 76. 1.1.1 is intended to or shall relieve the Contractor from the obligation of complying strictly with 0Article 45, Article 60, Article 61 61, and Article 63. The Contractor is warned that unless such claims are completely set forth as herein required, the Contractor upon acceptance of the Substantial Completion payment pursuant to this Article Article, will have waived any such claims. 76.1.275.2.2. A Final Approved Punch List. 76.1.375.2.3. Where required, a request for an extension of time to achieve Substantial Completion a substantial or final extension of time. 76.275.3. The Commissioner shall issue a voucher calling for payment of any part or all of the balance due for Work performed under the Contract, including monies retained under Article 54, less any and all deductions authorized to be made by the Commissioner, under this Contract or by Law, and less twice the amount the Commissioner considers necessary to ensure the completion of the balance of the Work by the Contractor. Such a payment shall be considered a partial Partial and not a final paymentFinal Payment. No Substantial Completion payment shall be made under this Article where the Contractor failed shall fail to complete the Work within the time fixed for such completion in the Schedule A, or within the time to which completion may have been extended, until an extension or extensions of time for the completion of Work have been acted upon pursuant to Article 4647. 76.375.4. No further partial payments shall be made to the Contractor after the Commissioner issues a Certificate of Substantial Completion, except the Substantial Completion payment and payment pursuant to any Contractor’s requisition that were properly filed with the Commissioner prior to the date of Substantial Completion; however, the Commissioner may grant a waiver for further partial payments after the date of Substantial Completion to permit payments for change order Work and/or release of retainage and deposits pursuant to Article 54 and Article 57. Such waiver shall be in writing. 76.475.5. The Contractor acknowledges that nothing contained in this Article is intended to or shall in any way diminish the force and effect of Article 4647.

Appears in 2 contracts

Sources: Furnish and Install Agreement, Furnish and Install Agreement

SUBSTANTIAL COMPLETION PAYMENT. 76.1. 44.1 The Contractor shall submit with the Substantial Completion requisition: 76.1.1. 44.1.1 A final verified statement of any pending Article 60 27 disputes in accordance with the PPB Rules and this Contract and any and all alleged claims against the City, in any way connected with or arising out of this Contract (including those as to which details may have been furnished pursuant to 0Articles 11, Article 6027, Article 6128, and Article 63 30) setting forth with respect to each such claim the total amount thereof, the various items of labor and materials included therein, and the alleged value of each item; and if the alleged claim be one for delay, the alleged cause of each such delay, the period or periods of time, giving the dates when the Contractor claims the performance of the Work or a particular part thereof was delayed, and an itemized statement and breakdown of the amount claimed for each such delay. 76.1.1.1. (a) With respect to each such claim, the Commissioner, the Comptroller and, in the event of litigation, the City Corporation Counsel shall have the same right to inspect, and to make extracts or copies of, the Contractor’s 's books, vouchers, records, etc., as is referred to in 0Articles 11, Article 6027, Article 6128, and Article 63, 30. Nothing contained in this Article 76.44.1.1 1.1.1 (a) is intended to or shall relieve the Contractor from the obligation of complying strictly with 0Articles 11, Article 6027, Article 61 28, and Article 6330. The Contractor is warned that unless such claims are completely set forth as herein required, the Contractor upon acceptance of the Substantial Completion payment pursuant to this Article 44, will have waived any such claims. 76.1.2. A Final Approved Punch List. 76.1.3. Where required, a request for an extension of time to achieve Substantial Completion or final extension of time. 76.2. The Commissioner shall issue a voucher calling for payment of any part or all of the balance due for Work performed under the Contract, including monies retained under Article 54, less any and all deductions authorized to be made by the Commissioner, under this Contract or by Law, and less twice the amount the Commissioner considers necessary to ensure the completion of the balance of the Work by the Contractor. Such a payment shall be considered a partial and not a final payment. No Substantial Completion payment shall be made under this Article where the Contractor failed to complete the Work within the time fixed for such completion in the Schedule A, or within the time to which completion may have been extended, until an extension or extensions of time for the completion of Work have been acted upon pursuant to Article 46. 76.3. No further partial payments shall be made to the Contractor after Substantial Completion, except the Substantial Completion payment and payment pursuant to any Contractor’s requisition that were properly filed with the Commissioner prior to the date of Substantial Completion; however, the Commissioner may grant a waiver for further partial payments after the date of Substantial Completion to permit payments for change order Work and/or release of retainage and deposits pursuant to Article 54 and Article 57. Such waiver shall be in writing. 76.4. The Contractor acknowledges that nothing contained in this Article is intended to or shall in any way diminish the force and effect of Article 46.

Appears in 1 contract

Sources: Standard Construction Contract

SUBSTANTIAL COMPLETION PAYMENT. 76.1. ‌ 44.1 The Contractor shall submit with the Substantial Completion requisition: 76.1.1. 44.1.1 A final verified statement of any pending Article 60 27 disputes in accordance with the PPB Rules and this Contract and any and all alleged claims against the City, in any way connected with or arising out of this Contract (including those as to which details may have been furnished pursuant to 0Articles 11, Article 6027, Article 6128, and Article 63 30) setting forth with respect to each such claim the total amount thereof, the various items of labor and materials included therein, and the alleged value of each item; and if the alleged claim be one for delay, the alleged cause of each such delay, the period or periods of time, giving the dates when the Contractor claims the performance of the Work or a particular part thereof was delayed, and an itemized statement and breakdown of the amount claimed for each such delay. 76.1.1.1. (a) With respect to each such claim, the Commissioner, the Comptroller and, in the event of litigation, the City Corporation Counsel shall have the same right to inspect, and to make extracts or copies of, the Contractor’s books, vouchers, records, etc., as is referred to in 0Articles 11, Article 6027, Article 6128, and Article 63, 30. Nothing contained in this Article 76.44.1.1 1.1.1 (a) is intended to or shall relieve the Contractor from the obligation of complying strictly with 0Articles 11, Article 6027, Article 61 28, and Article 6330. The Contractor is warned that unless such claims are completely set forth as herein required, the Contractor upon acceptance of the Substantial Completion payment pursuant to this Article 44, will have waived any such claims. 76.1.2. A Final Approved Punch List. 76.1.3. Where required, a request for an extension of time to achieve Substantial Completion or final extension of time. 76.2. The Commissioner shall issue a voucher calling for payment of any part or all of the balance due for Work performed under the Contract, including monies retained under Article 54, less any and all deductions authorized to be made by the Commissioner, under this Contract or by Law, and less twice the amount the Commissioner considers necessary to ensure the completion of the balance of the Work by the Contractor. Such a payment shall be considered a partial and not a final payment. No Substantial Completion payment shall be made under this Article where the Contractor failed to complete the Work within the time fixed for such completion in the Schedule A, or within the time to which completion may have been extended, until an extension or extensions of time for the completion of Work have been acted upon pursuant to Article 46. 76.3. No further partial payments shall be made to the Contractor after Substantial Completion, except the Substantial Completion payment and payment pursuant to any Contractor’s requisition that were properly filed with the Commissioner prior to the date of Substantial Completion; however, the Commissioner may grant a waiver for further partial payments after the date of Substantial Completion to permit payments for change order Work and/or release of retainage and deposits pursuant to Article 54 and Article 57. Such waiver shall be in writing. 76.4. The Contractor acknowledges that nothing contained in this Article is intended to or shall in any way diminish the force and effect of Article 46.

Appears in 1 contract

Sources: Standard Construction Contract

SUBSTANTIAL COMPLETION PAYMENT. 76.1. 44.1 The Contractor shall submit with the Substantial Completion requisition: 76.1.1. 44.1.1 A final verified statement of any pending Article 60 27 disputes in accordance with the PPB Rules and this Contract and any and all alleged claims against the City, in any way connected with or arising out of this Contract (including those as to which details may have been furnished pursuant to 0Articles 11, Article 6027, Article 6128, and Article 63 30) setting forth with respect to each such claim the total amount thereof, the various items of labor and materials included therein, and the alleged value of each item; and if the alleged claim be one for delay, the alleged cause of each such delay, the period or periods of time, giving the dates when the Contractor claims the performance of the Work or a particular part thereof was delayed, and an itemized statement and breakdown of the amount claimed for each such delay. 76.1.1.1. (a) With respect to each such claim, the Commissioner, the Comptroller and, in the event of litigation, the City Corporation Counsel shall have the same right to inspect, and to make extracts or copies of, the Contractor’s books, vouchers, records, etc., as is referred to in 0Articles 11, Article 6027, Article 6128, and Article 63, 30. Nothing contained in this Article 76.44.1.1 1.1.1 (a) is intended to or shall relieve the Contractor from the obligation of complying strictly with 0Articles 11, Article 6027, Article 61 28, and Article 6330. The Contractor is warned that unless such claims are completely set forth as herein required, the Contractor upon acceptance of the Substantial Completion payment pursuant to this Article 44, will have waived any such claims. 76.1.2. A Final Approved Punch List. 76.1.3. Where required, a request for an extension of time to achieve Substantial Completion or final extension of time. 76.2. The Commissioner shall issue a voucher calling for payment of any part or all of the balance due for Work performed under the Contract, including monies retained under Article 54, less any and all deductions authorized to be made by the Commissioner, under this Contract or by Law, and less twice the amount the Commissioner considers necessary to ensure the completion of the balance of the Work by the Contractor. Such a payment shall be considered a partial and not a final payment. No Substantial Completion payment shall be made under this Article where the Contractor failed to complete the Work within the time fixed for such completion in the Schedule A, or within the time to which completion may have been extended, until an extension or extensions of time for the completion of Work have been acted upon pursuant to Article 46. 76.3. No further partial payments shall be made to the Contractor after Substantial Completion, except the Substantial Completion payment and payment pursuant to any Contractor’s requisition that were properly filed with the Commissioner prior to the date of Substantial Completion; however, the Commissioner may grant a waiver for further partial payments after the date of Substantial Completion to permit payments for change order Work and/or release of retainage and deposits pursuant to Article 54 and Article 57. Such waiver shall be in writing. 76.4. The Contractor acknowledges that nothing contained in this Article is intended to or shall in any way diminish the force and effect of Article 46.

Appears in 1 contract

Sources: Construction Contract

SUBSTANTIAL COMPLETION PAYMENT. 76.1. 44.1 The Contractor shall submit with the Substantial Completion requisition: 76.1.1. 44.1.1 A final verified statement of any pending Article 60 27 disputes in accordance with the PPB Rules and this Contract and any and all alleged claims against the City, in any way connected with or arising out of this Contract (including those as to which details may have been furnished pursuant to 0Articles 11, Article 6027, Article 6128, and Article 63 30) setting forth with respect to each such claim the total amount thereof, the various items of labor and materials included therein, and the alleged value of each item; and if the alleged claim be one for delay, the alleged cause of each such delay, the period or periods of time, giving the dates when the Contractor claims the performance of the Work or a particular part thereof was delayed, and an itemized statement and breakdown of the amount claimed for each such delay. 76.1.1.1. (a) With respect to each such claim, the Commissioner, the Comptroller and, in the event of litigation, the City Corporation Counsel shall have the same right to inspect, and to make extracts or copies of, the Contractor’s 's books, vouchers, records, etc., as is referred to in 0Articles 11, Article 60, Article 61, and Article 63, Nothing contained in Article 76.27, 1.1.1 (a) is intended to or shall relieve the Contractor from the obligation of complying strictly with 0Articles 11, Article 6027, Article 61 28, and Article 6330. The Contractor is warned that unless such claims are completely set forth as herein required, the Contractor upon acceptance of the Substantial Completion payment pursuant to this Article 44, will have waived any such claims. 76.1.2. 44.1.2 A Final Approved Punch List. 76.1.3. 44.1.3 Where required, a request for an extension of time to achieve Substantial Completion or final extension of time. 76.2. 44.2 The Commissioner shall issue a voucher calling for payment of any part or all of the balance due for Work performed under the Contract, including monies retained under Article 5421, less any and all deductions authorized to be made by the Commissioner, under this Contract or by Law▇▇▇, and less twice the amount the Commissioner considers necessary to ensure the completion of the balance of the Work by the Contractor. Such a payment shall be considered a partial and not a final payment. No Substantial Completion payment shall be made under this Article 44 where the Contractor failed to complete the Work within the time fixed for such completion in the Schedule A, or within the time to which completion may have been extended, until an extension or extensions of time for the completion of Work have been acted upon pursuant to Article 4613. 76.3. 44.3 No further partial payments shall be made to the Contractor after Substantial Completion, except the Substantial Completion payment and payment pursuant to any Contractor’s 's requisition that were properly filed with the Commissioner prior to the date of Substantial Completion; however, the Commissioner may grant a waiver for further partial payments after the date of Substantial Completion to permit payments for change order Work and/or release of retainage and deposits pursuant to Article 54 Articles 21 and Article 5724. Such waiver shall be in writing. 76.4. 44.4 The Contractor acknowledges that nothing contained in this Article 44 is intended to or shall in any way diminish the force and effect of Article 4613.

Appears in 1 contract

Sources: Proposal for Bids

SUBSTANTIAL COMPLETION PAYMENT. 76.144.1. The Contractor shall submit with the Substantial Completion requisition: 76.1.144.1.1. A final verified statement of any pending Article 60 27 disputes in accordance with the PPB Rules and this Contract and any and all alleged claims against the City, in any way connected with or arising out of this Contract (including those as to which details may have been furnished pursuant to 0Articles 11, Article 6027, Article 6128, and Article 63 30) setting forth with respect to each such claim the total amount thereof, the various items of labor and materials included therein, and the alleged value of each item; and if the alleged claim be one for delay, the alleged cause of each such delay, the period or periods of time, giving the dates when the Contractor claims the performance of the Work or a particular part thereof was delayed, and an itemized statement and breakdown of the amount claimed for each such delay. 76.1.1.1. (a) With respect to each such claim, the Commissioner, the Comptroller and, in the event of litigation, the City Corporation Counsel shall have the same right to inspect, and to make extracts or copies of, the Contractor’s 's books, vouchers, records, etc., as is referred to in 0Articles 11, Article 6027, Article 6128, and Article 63, 30. Nothing contained in this Article 76.44.1.1 1.1.1 (a) is intended to or shall relieve the Contractor from the obligation of complying strictly with 0Articles 11, Article 6027, Article 61 28, and Article 6330. The Contractor is warned that unless such claims are completely set forth as herein required, the Contractor upon acceptance of the Substantial Completion payment pursuant to this Article 44, will have waived any such claims. 76.1.244.1.2. A Final Approved Punch List. 76.1.344.1.3. Where required, a request for an extension of time to achieve Substantial Completion or final extension of time. 76.244.2. The Commissioner shall issue a voucher calling for payment of any part or all of the balance due for Work performed under the Contract, including monies retained under Article 5421, less any and all deductions authorized to be made by the Commissioner, under this Contract or by Law, and less twice the amount the Commissioner considers necessary to ensure the completion of the balance of the Work by the Contractor. Such a payment shall be considered a partial and not a final payment. No Substantial Completion payment shall be made under this Article 44 where the Contractor failed to complete the Work within the time fixed for such completion in the Schedule A, or within the time to which completion may have been extended, until an extension or extensions of time for the completion of Work have been acted upon pursuant to Article 4613. 76.344.3. No further partial payments shall be made to the Contractor after Substantial Completion, except the Substantial Completion payment and payment pursuant to any Contractor’s 's requisition that were properly filed with the Commissioner prior to the date of Substantial Completion; however, the Commissioner may grant a waiver for further partial payments after the date of Substantial Completion to permit payments for change order Work and/or release of retainage and deposits pursuant to Article 54 Articles 21 and Article 5724. Such waiver shall be in writing. 76.444.4. The Contractor acknowledges that nothing contained in this Article 44 is intended to or shall in any way diminish the force and effect of Article 4613.

Appears in 1 contract

Sources: Construction Contract