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INVITATION FOR BID - University of Central Missouri

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37<br />

with the Contractor shall promptly make such inspection. If the work is acceptable<br />

and the contract fully performed, the Contractor will be directed to submit a final<br />

Application and Certification for Payment. If the Owner approves the same, the<br />

entire balance shall be due and payable.<br />

24.3.3 Where the specifications provide for the performance by the Contractor <strong>of</strong> certain<br />

tests for the purpose <strong>of</strong> balancing and checking the air conditioning and heating<br />

equipment and the Contractor shall have furnished and installed all such equipment<br />

in accordance with the specifications, but said test cannot then be made because <strong>of</strong><br />

weather conditions, such test shall be considered as required under the provisions<br />

<strong>of</strong> the specifications, Article 16 <strong>of</strong> General Conditions, and the contract may be<br />

certified as satisfactorily completed and the work accepted. However, full payment<br />

will not be made until the tests have been made.<br />

24.3.4 Neither the final payment nor any part <strong>of</strong> the retained percentage shall become due<br />

until the Contractor delivers to the Owner: 1) a complete file <strong>of</strong> releases, on a<br />

standard form prescribed by the Owner and included in the contract documents as<br />

"Final Receipt <strong>of</strong> Payment and Release Form," from subcontractors and material<br />

suppliers evidencing payment in full for services, equipment and materials, as the<br />

case may require or a release from the bond company accepting liability for any<br />

unpaid amounts, 2) an Affidavit <strong>of</strong> Compliance with Prevailing Wage Law, in the<br />

form as included in the contract specifications, properly executed by each<br />

subcontractor, and the Contractor, 3) certified copies <strong>of</strong> all payrolls, consisting <strong>of</strong><br />

name, occupation and craft, date and number <strong>of</strong> hours worked and actual wages<br />

paid for each individual, <strong>of</strong> the Contractor and all subcontractors working on the<br />

project, and 4) as-builts documents (redlines) (Article 28).<br />

24.3.5 If any lien or claim remains unsatisfied after all payments are made, the Contractor<br />

shall refund to the Owner all monies that the latter may be compelled to pay in<br />

discharging such a lien or claim including all costs and a reasonable attorney's fee.<br />

24.3.6 <strong>Missouri</strong> statute requires prompt payment from the Owner to the Contractor within<br />

thirty days and from the Contractor to his subcontractors within fifteen days.<br />

Failure to make payments within the required timeframe entitles the receiving party<br />

to charge interest at the rate <strong>of</strong> one and one half percent per month calculated from<br />

the expiration <strong>of</strong> the statutory time period until paid.<br />

25. PARTIAL OCCUPANCY/SUBSTANTIAL COMPLETION<br />

25.1 The Owner may fully occupy the facility as soon as it is substantially completed. No<br />

provision in this document shall be construed to prevent partial occupancy by the Owner so<br />

long as the partial occupancy does not materially affect the construction process.<br />

25.2 Contractor agrees that Owner upon advance notification to Contractor in writing will be<br />

permitted to occupy and use any completed or partially completed portions <strong>of</strong> the project<br />

when such occupancy and use is to the Owner's best interest.<br />

25.3 If such prior occupancy increases the cost <strong>of</strong> the work or delays its completion, provided that<br />

the same occur prior to the completion date fixed by the "Notice to Proceed," and as<br />

amended by contract change orders, and provided the contractor submits written notification

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