Common use of Final Payment Request Clause in Contracts

Final Payment Request. Upon achieving Final Completion in accordance with Section 6.18, the Company shall prepare and submit to the City a final Progress Payment Request. The final Progress Payment Request shall include: (i) AIA Document G707 (Consent of Surety Company to Final Payment) certifying the surety agrees that final payment of the Design/Build Price shall not relieve the Surety of any of its obligations under the Performance Bond or the Payment Bond; (ii) a signed and sealed certificate of the Engineer of Record and the Site Manager certifying: (a) that the Design/Build Work has achieved Final Completion in accordance with Section 6.18 and that the portion or balance of the Design/Build Price is payable to the Company; (b) that the Company is neither in default under this Agreement nor in breach of any material provisions of this Agreement such that the breach would, with the giving of notice or passage of time, constitute an Event of Default; and (c) that all items applicable to the Design/Build Work entitling the Company to the requested final payment under the Schedule of Values in Appendix 6 have been completed in accordance herewith and the Contract Standards; (iii) notice of any encumbrance or lien which may have been filed, together with evidence that the Company has discharged or bonded against such encumbrance or lien; (iv) satisfactory evidence that all labor and materials furnished through the date of the preceding Progress Payment Request have been fully paid, including the following: (a) final waivers or releases of lien for the Design/Build Work upon the final payment in the full amount of Design/Build Price executed in the form acceptable to the Village, from all first tier Subcontractors, for all payments immediately through the preceding final Payment Request in the amount of the requested payment, plus all amounts of the Design/Build Price paid to the Company to the date of the final Payment Request, or if any such Subcontractor refuses or fails to furnish such waiver or release, a bond or other security acceptable to the Village to indemnify the Village against any payment claim, (b) Company’s Final Payment Affidavit and Release of ▇▇▇▇ executed in the form acceptable to the Village; (v) a list of any and all pending property damage and personal injury or death insurance claims arising out of or resulting from the Design/Build Work, identifying the claimant and the nature of the claim; and (vi) any other documents or information relating to the Design/Build Work reasonably requested by the Village, the Contract Administrator or the Owner’s Representative or as may be required by Applicable Law or this Agreement.

Final Payment Request. Upon achieving Final Completion in accordance with Section 6.18, the Company shall prepare and submit to the City Village a final Progress Payment Request. The final Progress Payment Request shall include: (i) AIA Document G707 (Consent of Surety Company to Final Payment) certifying the surety agrees that final payment of the Design/Build Price shall not relieve the Surety of any of its obligations under the Performance Bond or the Payment Bond; (ii) a signed and sealed certificate of the Engineer of Record and the Site Manager certifying: (a) that the Design/Build Work has achieved Final Completion in accordance with Section 6.18 and that the portion or balance of the Design/Build Price is payable to the Company; (b) that the Company is neither in default under this Agreement nor in breach of any material provisions of this Agreement such that the breach would, with the giving of notice or passage of time, constitute an Event of Default; and (c) that all items applicable to the Design/Build Work entitling the Company to the requested final payment under the Schedule of Values in Appendix 6 have been completed in accordance herewith and the Contract Standards; (iii) notice of any encumbrance or lien which may have been filed, together with evidence that the Company has discharged or bonded against such encumbrance or lien; (iv) satisfactory evidence that all labor and materials furnished through the date of the preceding Progress Payment Request have been fully paid, including the following: (a) final waivers or releases of lien for the Design/Build Work upon the final payment in the full amount of Design/Build Price executed in the form acceptable to the Village, from all first tier Subcontractors, for all payments immediately through the preceding final Payment Request in the amount of the requested payment, plus all amounts of the Design/Build Price paid to the Company to the date of the final Payment Request, or if any such Subcontractor refuses or fails to furnish such waiver or release, a bond or other security acceptable to the Village to indemnify the Village against any payment claim, (b) Company’s Final Payment Affidavit and Release of ▇▇▇▇ Lien executed in the form acceptable to the Village; (v) a list of any and all pending property damage and personal injury or death insurance claims arising out of or resulting from the Design/Build Work, identifying the claimant and the nature of the claim; and (vi) any other documents or information relating to the Design/Build Work reasonably requested by the Village, the Contract Administrator or the Owner’s Representative or as may be required by Applicable Law or this Agreement.