Common use of SUBSTANTIAL COMPLETION AND FINAL PAYMENT Clause in Contracts

SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 9.4.1 On the Date of Substantial Completion, the Contractor shall prepare and submit to the Owner a list of items to be completed and/or corrected ("punch-list" items) and its final xxxx, including itemized projected amounts for any portions of the Work not yet completed. The failure to include any items on such "punch-list" shall not alter the responsibility of the Contractor to complete and/or correct the Work in accordance with the Contract Documents. When the Owner, on the basis of an inspection, confirms the notification from the Contractor that the Work is Substantially Completed or, without being notified by the Contractor, determines that the Work is Substantially Completed, the Owner shall prepare and deliver to the Contractor a Certificate of Substantial Completion which may state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance and shall list the items determined by the Owner to require completion or correction as applicable, and fix the time within which the Contractor shall complete or correct the items listed and submit to the Owner all documents and other matters required by the Contract Documents to be submitted by the Contractor upon completion of the Work. The Certificate of Substantial Completion shall constitute a demand for a formal billing (including all costs, claims or fees for any outstanding Change Orders, or any other matter which the Contractor has not previously waived pursuant to the General Conditions, and itemized projections for any incomplete Work), and the Contractor shall be deemed conclusively to have waived the right to payment of any such item, fee or cost of any kind not billed to the Owner within thirty (30) days of delivery to the Contractor of the Certificate of Substantial Completion. The issuance of the Certificate of Substantial Completion shall not constitute a waiver of any rights of the Owner, including without limitation the right to those retainages permitted by the Contract Documents. If the Contractor does not complete and/or correct the "punch-list" items listed in the Certificate of Substantial Completion within the time fixed therein, the Owner shall have the right to accomplish the same and deduct or offset all costs thereof against any amounts then or thereafter due to the Contractor. If the amounts then or thereafter due to the Contractor are not sufficient to cover such costs, the Contractor shall pay the difference to the Owner. The Owner's decision as to the Date of Substantial Completion shall be final and binding. 9.4.2 Within a reasonable time following the Owner's receipt of written notification from the Contractor that the Work is ready for final inspection and acceptance, and receipt of the final Application for Payment, the Owner shall make such inspection and, when the Work is found to be acceptable under the Contract Documents and the Contract fully performed, shall approve the final Application for Payment; provided, however, that neither the final payment nor any retention shall become due until the Contractor submits to the Owner: (a) evidence of payment in a form approved by the Owner, that all payrolls, bills for materials, supplies and equipment and other indebtedness connected with the Work for which the Owner or its property might in any way be responsible have been paid in full or otherwise satisfied; (b) consent of sureties, if any, to final payment; (c) all Contract Documents (except one set thereof to be retained by the Contractor), including a complete set of as-built and record documents (as defined in and to the extent required by the Specifications); (d) such other data as the Owner reasonably may require establishing payment or satisfaction of all obligations of the Contractor in connection with the Work including receipts of final satisfaction and releases and waivers of liens and releases of any and all claims by the Contractor, Subcontractors and Sub-subcontractors, conforming in all material respects with the laws of the state where the Project is located and evidencing performance of the Work in accordance with the Contract Documents; (e) a release of the Owner and its insurers from and against any claims under the insurance required to be provided by the Owner hereunder (except to the extent of any claims theretofore timely filed which are owing but unpaid) and a release of the Owner from and against any claims between the Contractor and a separate contractor; (f) any governmental certificates required by the Contract Documents or otherwise to evidence compliance of the Contractor and the Work with applicable laws, ordinances, rules, codes and regulations and the Contract Documents and (g) warranties, guarantees, assignments thereof, and maintenance or other manuals, required by the Specifications in the forms approved by the Owner, in favor of the Owner and such other persons as the Owner may direct. The submission of all of the foregoing is an express condition precedent to Contractor's entitlement to final payment. 9.4.3 The making of final payment shall not constitute a waiver of any claims or rights by the Owner. 9.4.4 The acceptance of final payment by Contractor shall constitute a waiver of all claims by the Contractor and shall constitute a general release of the Owner and the Owner's Representative by the Contractor. 9.4.5 If at any time any Subcontractor or Sub-subcontractor refuses to furnish any release, satisfaction or waiver of lien required at any time by the Owner under Paragraphs 9.1, 9.3 or 9.4, or files a claim of lien against the Owner or any of the Owner's property, the Contractor shall, if requested by the Owner and at the Contractor's expense, furnish and record a Mechanic's Lien Release Bond (separate and apart from any other bond provided by the Contractor hereunder) that is in full compliance with the then-current laws, rules, regulations and ordinances of the state and the locality where the Project is located. If any Subcontractor or Sub-subcontractor serves a Stop Notice (bonded or otherwise) on Owner, Contractor shall, if requested by Owner and at Contractor's expense, furnish a Stop Notice Release Bond (separate and apart from any other bond provided by the Contractor hereunder) that is in full compliance with the then-current laws, rules, regulations and ordinances of the state and the locality where the Project is located. The Contractor authorizes the Owner, and shall cause its Subcontractors and Sub-subcontractors to authorize the Owner, to check directly with any suppliers of labor and material with respect to any item chargeable to the Owner's property, to confirm balances due and to obtain sworn statements and waivers of lien, all if the Owner so elects. If any lien remains unsatisfied after all payments are made to the Contractor, the Contractor shall reimburse the Owner upon Owner's demand the full amount of all monies that the Owner may be compelled to pay in discharging such lien, including all costs and attorneys' fees.

SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 9.4.1 On 9.4.1. At such time as the Date of Substantial CompletionWork is Substantially Completed, the Contractor shall so notify the Owner and prepare and submit to the Owner a list of items to be completed and/or corrected ("punch-list" items) and its final xxxx, including itemized projected amounts for any portions of the Work not yet completed. The failure to include any items on such "punch-list" shall not alter the responsibility of the Contractor to complete and/or correct the Work in accordance with the Contract DocumentsAGREEMENT. When the Owner, on the basis of an inspection, confirms the notification from the Contractor that the Work is Substantially Completed or, without being notified by the Contractor, determines that the Work is Substantially Completed, the Owner it shall prepare and deliver to the Contractor a Certificate of Substantial Completion which may state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance and shall list the items determined by the Owner to require completion or correction as applicable, and fix the time within which the Contractor shall complete or correct the items listed and submit to the Owner all documents and other matters required by the Contract Documents to be submitted by the Contractor upon completion of the WorkCompletion. The Certificate of Substantial Completion shall constitute a demand for a formal billing (including all costs, claims or fees for any outstanding Change Orders, or any other matter which the Contractor has not previously waived pursuant to the General Conditions, and itemized projections for any incomplete Work), and the Contractor shall be deemed conclusively to have waived the right to payment of any such item, fee or cost of any kind not billed to the Owner within thirty (30) days of delivery to the Contractor of the Certificate of Substantial Completion. The issuance of the Certificate of Substantial Completion shall not constitute a waiver of any rights of the Owner, including without limitation the right to those retainages permitted by the Contract DocumentsAGREEMENT. If the Contractor does not complete and/or correct the "punch-list" items listed in the Certificate of Substantial Completion within the time fixed therein, the Owner shall have the right to accomplish the same and deduct or offset all costs cost thereof against any amounts amount then or thereafter due to the Contractor. If the amounts then or thereafter due to the Contractor are not sufficient to cover such costs, the Contractor shall pay the difference to the Owner. The Owner's decision as to the Date of Substantial Completion shall be final and binding. 9.4.2 9.4.2. Within a reasonable time following the Owner's receipt of written notification from the Contractor that the Work is ready for final inspection and acceptance, and receipt of the final Application for Payment, the Owner shall make such inspection and, and when the Work is found to be acceptable under the Contract Documents AGREEMENT and the Contract AGREEMENT fully performed, shall approve the final Application for Payment; provided, however, that neither the final payment nor any retention retainage shall become due until the Contractor submits to the Owner:: ( (aa.) evidence of payment an affidavit, in a form approved by the Owner, that all payrolls, bills for materials, supplies materials and equipment and other indebtedness indebtednesses connected with the Work for which the Owner or its property might in any way be responsible have been paid in full or otherwise satisfied; (b b.) consent of suretiesSureties, if any, to final payment; (c c.) all Contract Documents AGREEMENT documents (except one set thereof to be retained by the Contractor), including including, without limitation, a complete completed set of as-built builts and record documents (as defined in and to the extent required by the SpecificationsAGREEMENT); (d d.) such other data as the Owner reasonably may require establishing payment or satisfaction of all obligations of the Contractor in connection with the Work including receipts including, without limitation, receipt of final satisfaction and releases and waivers waiver of liens lien and releases of any and all claims by the Contractor, Subcontractors Subcontractor, and Sub-subcontractors, conforming in all material respects with the laws of the state where the Project is located and evidencing performance of the Work in accordance with the Contract DocumentsAGREEMENT; (e e.) a release of the Owner and its insurers from and against any claims under the insurance required to that may be provided by the Owner hereunder (except to the extent of any claims theretofore timely filed which are owing but unpaid) and a release of the Owner from and against any claims between the Contractor and a separate contractorSeparate Contractor; (ff.) any governmental certificates required by the Contract Documents AGREEMENT or otherwise to evidence compliance of the Contractor and the Work with applicable laws, ordinances, rules, codes and regulations codes, regulations, and the Contract Documents AGREEMENT; and (gg.) warranties, guarantees, assignments thereof, and maintenance or other manuals, required by the Specifications in the forms approved by the Owner, in favor of the Owner and such other persons as the Owner may direct. The submission direct (notwithstanding the foregoing, by execution of the AGREEMENT, the Contractor shall be deemed to have guaranteed to the Owner the matters contained in the attached form of guarantee incorporated by reference into the AGREEMENT); payment certificates issued by the relevant labor authorities (inspectoria del Trabajo) indicating that all amounts due to the employees of the Contractor, the Subcontractors and the Sub-subcontractors have been paid in full and (i.) a fully and properly executed Close-out Change Order, with all of its fully and properly executed Exhibits, in the foregoing is an express condition precedent form attached to Contractor's entitlement to final paymentthe AGREEMENT. 9.4.3 9.4.3. The making of final payment shall not constitute a waiver of any claims or rights by the Owner. 9.4.4 9.4.4. The acceptance of final payment by Contractor shall constitute a waiver of all claims by the Contractor and shall constitute a general release of the Owner and the Owner's Representative by the Contractor. 9.4.5 9.4.5. If at any time any Subcontractor or Sub-subcontractor refuses to furnish any release, satisfaction or waiver of lien required at any time by the Owner under Paragraphs 9.1., 9.3 9.3. or 9.4., or files a claim of lien against the Owner or any of the Owner's property, the Contractor shall, if requested by the Owner and at the Contractor's expense, furnish and record a Mechanic's Lien Release Bond required to discharge or remove such bond (separate and apart from any other bond provided by the Contractor hereunder) that is in full compliance with the then-current laws, rules, regulations and ordinances of the state and the locality where the Project is located. If any Subcontractor or Sub-subcontractor serves a Stop Notice (bonded or otherwise) on Owner, Contractor shall, if requested by Owner and at Contractor's expense, furnish a Stop Notice Release Bond (separate and apart from any other bond provided by the Contractor hereunder) that is in full compliance with the then-current laws, rules, regulations and ordinances of the state and the locality where the Project is located. The Contractor authorizes the Owner, and shall cause its Subcontractors and Sub-subcontractors to authorize the Owner, to check directly with any suppliers of labor and material with respect to any item chargeable to the Owner's property, to confirm balances due and to obtain sworn statements and waivers of lien, all if the Owner so elects). If any lien remains unsatisfied after all payments are made to the Contractor, the Contractor shall reimburse the Owner upon Owner's demand the full amount on account of all monies that the Owner latter may be compelled to pay in discharging such lien, including all costs and attorneys' fees.

SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 9.4.1 On 12.01 The term “substantial completion” as used in the Date Contract Documents shall mean the first day after the Project Manager has verified that all of Substantial Completionthe following have been satisfactorily completed: A. All materials and equipment have been incorporated in the Work, including building systems such as, but not limited to, HVAC, Intercom, Fire Alarm, Television, Data, Security System, and the Contractor like; B. A certificate of occupancy (Temporary or Final) has been delivered to Project Manager; and C. The Work is completed such that Owner can occupy the entire Project for its intended use, including occupancy by students, without interference from Construction Manager or its Subcontractors. 12.02 When the requirements of ITEM 12.01 have been completed, Construction Manager shall prepare the Punch List and shall submit the same to Project Manager for approval with written notice that the Owner a list Work is ready for verification of items to be completed and/or corrected ("punch-list" items) and its final xxxx, including itemized projected amounts for any portions substantial completion. Upon receipt of the Punch List and notice, Project Manager will inspect the Work not yet to verify that the Punch List is accurate and that the Work is substantially completed. The failure to include If Project Manager determines that the Punch List is incomplete or incorrect in any items on such "punch-list" way, Project Manager will advise Construction Manager of the required corrections and Construction Manager shall not alter promptly submit a corrected Punch List. 12.03 After the Project Manager has verified that the Work is substantially completed, Owner will assume responsibility for the maintenance thereof, except damage, debris and refuse material caused by Construction Manager while completing the Work, which shall be the responsibility of the Contractor to complete and/or correct the Work in accordance with the Contract DocumentsConstruction Manager. When the Owner, on the basis of an inspection, confirms the notification from the Contractor that the Work is Substantially Completed or, without being notified by the Contractor, determines that the Work is Substantially Completed, the Owner shall prepare and deliver to the Contractor a Certificate of Substantial Completion which may state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance and shall list the items determined by the Owner to require completion or correction as applicable, and fix the time within which the Contractor shall complete or correct the items listed and submit to the Owner all documents and other matters required by the Contract Documents to be submitted by the Contractor upon completion of the Work. The Certificate of Substantial Completion shall constitute a demand for a formal billing (including all costs, claims or fees for any outstanding Change Orders, or any other matter which the Contractor has not previously waived pursuant to the General Conditions, and itemized projections for any incomplete Work), and the Contractor It shall be deemed conclusively Project Manager’s responsibility to have waived the right to payment of any such item, fee or cost of any kind not billed to the Owner within thirty (30) days of delivery to the Contractor of issue the Certificate of Substantial Completion. The issuance . A. When Construction Manager has completed all Punch List items and all other items required for performance of the Certificate of Substantial Completion shall not constitute a waiver of any rights of the Owner, including without limitation the right to those retainages permitted by Work in compliance with the Contract Documents. If the Contractor does not complete and/or correct the "punch-list" items listed in the Certificate of Substantial Completion within the time fixed therein, the Owner Construction Manager shall have the right give written notice to accomplish the same and deduct or offset all costs thereof against any amounts then or thereafter due to the Contractor. If the amounts then or thereafter due to the Contractor are not sufficient to cover such costs, the Contractor shall pay the difference to the Owner. The Owner's decision as to the Date of Substantial Completion shall be final and binding. 9.4.2 Within a reasonable time following the Owner's receipt of written notification from the Contractor Project Manager that the Work is ready for final inspection and acceptance, and . Upon receipt of the final Application for Paymentnotice, the Owner shall make such inspection and, when Project Manager will inspect the Work to verify that it is found to be acceptable under the Contract Documents entirely completed and the Contract fully performed, shall approve the final Application for Payment; provided, however, that neither the final payment nor any retention shall become due until the Contractor submits to the Owner: (a) evidence of payment in a form approved by the Owner, that all payrolls, bills for materials, supplies and equipment and other indebtedness connected with the Work for which the Owner or its property might in any way be responsible have been paid in full or otherwise satisfied; (b) consent of sureties, if any, to final payment; (c) all Contract Documents (except one set thereof to be retained by the Contractor), including a complete set of as-built and record documents (as defined in and to the extent required by the Specifications); (d) such other data as the Owner reasonably may require establishing payment or satisfaction of all obligations of the Contractor in connection with the Work including receipts of final satisfaction and releases and waivers of liens and releases of any and all claims by the Contractor, Subcontractors and Sub-subcontractors, conforming in all material respects with the laws of the state where the Project is located and evidencing performance of the Work in accordance compliance with the Contract Documents; . The Work, when so verified, will be accepted by Project Manager. Work found to be incomplete or not in compliance shall be promptly completed or corrected by Construction Manager and Project Manager’s acceptance will be withheld until such work has been completed or corrected. B. If, after receiving written notice that the work is ready for verification of either substantial completion or final completion, Project Manager, with counsel from the Architect, determines that the Project is not substantially or finally complete, liquidated damages in the amount of one thousand dollars (e$1,000) a release per occurrence will be assessed to the Construction Manager. This is in addition to and separate from liquidated damages assessed under other Articles in the Contract. 12.05 Construction Manager shall submit its final invoice for the remaining amount due Construction Manager under the Contract thirty (30) days after full completion of the Owner and its insurers from and against any claims under Work. 12.06 The final invoice shall be in the insurance required to be provided by the Owner hereunder (except to the extent of any claims theretofore timely filed which are owing but unpaid) and a release of the Owner from and against any claims between the Contractor and a separate contractor; (f) any governmental certificates form required by the Contract Documents or otherwise to evidence compliance of the Contractor ITEM 11 hereof and the Work with applicable laws, ordinances, rules, codes shall be accompanied by Construction Manager’s Final Affidavit and regulations and the Contract Documents and (g) warranties, guarantees, assignments thereof, and maintenance or other manuals, required by the Specifications in the forms approved by the Owner, in favor of the Owner Release and such other persons documents as the Owner may direct. The submission set forth in Paragraph 1.13 of all Section 01005 of Division 1 of the foregoing is an express condition precedent to Contractor's entitlement to final payment. 9.4.3 The making of final payment shall not constitute a waiver of any claims or rights Specifications, duly executed by the Owner. 9.4.4 The acceptance of final payment by Contractor shall constitute a waiver of all claims by the Contractor and shall constitute a general release of the Owner and the Owner's Representative by the Contractor. 9.4.5 If at any time any Subcontractor or Sub-subcontractor refuses to furnish any release, satisfaction or waiver of lien required at any time by the Owner under Paragraphs 9.1, 9.3 or 9.4, or files a claim of lien against the Owner or any of the Owner's property, the Contractor shall, if requested by the Owner and at the Contractor's expense, furnish and record a Mechanic's Lien Release Bond (separate and apart from any other bond provided by the Contractor hereunder) that is in full compliance with the then-current laws, rules, regulations and ordinances of the state and the locality where the Project is located. If any Subcontractor or Sub-subcontractor serves a Stop Notice (bonded or otherwise) on Owner, Contractor shall, if requested by Owner and at Contractor's expense, furnish a Stop Notice Release Bond (separate and apart from any other bond provided by the Contractor hereunder) that is in full compliance with the then-current laws, rules, regulations and ordinances of the state and the locality where the Project is located. The Contractor authorizes the Owner, and shall cause its Subcontractors and Sub-subcontractors to authorize the Owner, to check directly with any suppliers of labor and material with respect to any item chargeable to the Owner's property, to confirm balances due and to obtain sworn statements and waivers of lien, all if the Owner so elects. If any lien remains unsatisfied after all payments are made to the Contractor, the Contractor shall reimburse the Owner upon Owner's demand Construction Manager for the full amount of all monies that the Owner may be compelled to pay in discharging such lien, including all costs and attorneys' feesamounts paid and/or due them.

SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 9.4.1 On 12.6.1 When the Date of Substantial CompletionContractor believes that the Work or a designated portion thereof acceptable to the Owner is substantially complete, the Contractor shall prepare and submit for submission to the Owner a list "punch list" of items to be completed and/or or corrected. Any item on such list shall be completed or corrected (before the Final Completion Date without regard to whether such item may be characterized by anyone as a "punch-listwarranty item" items) and its final xxxx, including itemized projected amounts for any portions of the Work not yet completedor otherwise. The failure to include any items on such "punch-list" shall punch list does not alter the responsibility of the Contractor to complete and/or correct the all Work in accordance with the Contract Documents. When the Owner, on the basis of an inspection, confirms the notification from the Contractor that the Work is Substantially Completed or, without being notified by the Contractor, determines that the Work or a portion thereof is Substantially Completedsubstantially complete, the Owner shall he will then prepare and deliver to the Contractor a Certificate of Substantial Completion Completion, which may shall be AIA Document G704, which shall state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance and shall list the items determined by the Owner to require completion or correction as applicable, and fix the time within which the Contractor shall complete or correct the items listed and submit to the Owner all documents and other matters required by the Contract Documents to be submitted by the Contractor upon completion of the Workinsurance. The Certificate of Substantial Completion shall constitute a demand for a formal billing (including all costs, claims or fees for any outstanding Change Orders, or any other matter which the Contractor has not previously waived pursuant to the General Conditions, and itemized projections for any incomplete Work), and the Contractor shall be deemed conclusively to have waived the right to payment of any such item, fee or cost of any kind not billed to the Owner within thirty (30Certificate(s) days of delivery to the Contractor of the Certificate of Substantial Completion. The issuance of the Certificate of Substantial Completion shall not constitute a waiver of any rights of the Owner, including without limitation the right to those retainages permitted by the Contract Documents. If the Contractor does not complete and/or correct the "punch-list" items listed in the Certificate of Substantial Completion within the time fixed therein, the Owner shall have the right to accomplish the same and deduct or offset all costs thereof against any amounts then or thereafter due to the Contractor. If the amounts then or thereafter due to the Contractor are not sufficient to cover such costs, the Contractor shall pay the difference to the Owner. The Owner's decision as to the Date of Substantial Completion shall be final and bindingsubmitted to the Owner for their written acceptance of the responsibilities assigned to them in such Certificate. 9.4.2 Within a reasonable time following the Owner's 12.6.2 Upon receipt of written notification notice from the Contractor that the Work is ready for final inspection and acceptance, and receipt of the final Application for Payment, the Owner shall will promptly make such inspection and, when the Owner finds (1) the Work is found to be acceptable under the Contract Documents and Documents; (2) the Contract fully performed; and (3) the Final Completion Date has been reached, as that term is defined in Subparagraph 11.1.4, then, and only then, the Contractor shall approve promptly issue a final Invoice stating that, to the final Application for Payment; providedbest of his knowledge, howeverinformation and belief, and on the basis of observations and inspections, the Work has been fully completed in accordance with the terms and conditions of the Contract Documents, that neither the entire balance found to be due the Contractor is payable, and that any securities held by the Owner in lieu of a cash retention are returnable. The Contractor's written notice required by this Paragraph shall state the Date of Final Completion. 12.6.3 Neither the final payment nor any retention the remaining retained percentage shall become due until the Contractor submits to the Owner: Owner (a1) evidence of payment in a form approved by the Owner, an affidavit that all payrolls, bills for materialsmaterials and equipment, supplies and equipment and other indebtedness connected with the Work for which the Owner or its his property might in any way be responsible responsible, have been paid in full or otherwise satisfied; (b2) consent of sureties, if any, surety to final payment; (c3) all Contract Documents (except one set thereof to be retained by the Contractor), including a complete set of as-built and record documents (as defined in and to the extent if required by the Specifications); (d) such Owner, other data as the Owner reasonably may require establishing payment or satisfaction of all obligations of such obligations, to the Contractor extent and in connection with such form as may be designated by the Work including receipts of final satisfaction Owner; and releases and waivers of liens and releases of any and all claims (4) written certification by the Contractor, Subcontractors and Sub-such subcontractors, conforming in all material respects with the laws of the state where the Project is located suppliers and evidencing performance of the Work in accordance with the Contract Documents; (e) a release of the Owner and its insurers from and against any claims under the insurance required to be provided by the Owner hereunder (except to the extent of any claims theretofore timely filed which are owing but unpaid) and a release of the Owner from and against any claims between the Contractor and a separate contractor; (f) any governmental certificates required by the Contract Documents or otherwise to evidence compliance of the Contractor and the Work with applicable laws, ordinances, rules, codes and regulations and the Contract Documents and (g) warranties, guarantees, assignments thereof, and maintenance or other manuals, required by the Specifications in the forms approved by the Owner, in favor of the Owner and such other persons manufacturers as the Owner may direct. The submission of all of shall designate, that no materials have been incorporated into the foregoing is an express condition precedent to Contractor's entitlement to final paymentWork which contain any asbestos. 9.4.3 The making of final payment shall not constitute a waiver of any claims or rights by the Owner. 9.4.4 12.6.4 The acceptance of final payment by Contractor shall constitute a waiver of all claims by the Contractor except previously made in writing and shall constitute a general release of the Owner and the Owner's Representative by the Contractorstill unsettled. 9.4.5 If at any time any Subcontractor or Sub-subcontractor refuses to furnish any release, satisfaction or waiver of lien required at any time by the Owner under Paragraphs 9.1, 9.3 or 9.4, or files a claim of lien against the Owner or any of the Owner's property, the Contractor shall, if requested by the Owner and at the Contractor's expense, furnish and record a Mechanic's Lien Release Bond (separate and apart from any other bond provided by the Contractor hereunder) that is in full compliance with the then-current laws, rules, regulations and ordinances of the state and the locality where the Project is located. If any Subcontractor or Sub-subcontractor serves a Stop Notice (bonded or otherwise) on Owner, Contractor shall, if requested by Owner and at Contractor's expense, furnish a Stop Notice Release Bond (separate and apart from any other bond provided by the Contractor hereunder) that is in full compliance with the then-current laws, rules, regulations and ordinances of the state and the locality where the Project is located. The Contractor authorizes the Owner, and shall cause its Subcontractors and Sub-subcontractors to authorize the Owner, to check directly with any suppliers of labor and material with respect to any item chargeable to the Owner's property, to confirm balances due and to obtain sworn statements and waivers of lien, all if the Owner so elects. If any lien remains unsatisfied after all payments are made to the Contractor, the Contractor shall reimburse the Owner upon Owner's demand the full amount of all monies that the Owner may be compelled to pay in discharging such lien, including all costs and attorneys' fees.

SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 9.4.1 On At such time as the Date Work, in its entirety, achieves Substantial Completion as provided in Paragraphs 5.2 and 5.3 of Substantial Completionthe Agreement, the Contractor shall prepare and submit to the Owner a list of items to be completed and/or corrected ("punch-list" items) and its final xxxxbill, including itemized projected amounts for any portions of the Work not yet completed. The failure to include any items on such "punch-list" the foregoing list shall not alter the responsibility of the Contractor to complete and/or correct the Work in accordance with the Contract Documents. When the Owner, on the basis of an inspectioninspection and certification from the Architect/Engineer, confirms the notification from the Contractor that the Work is Substantially Completed Work, in its entirety, has achieved Substantial Completion or, without being notified by the Contractor, determines that the Work is Substantially Completedhas achieved Substantial Completion, the Owner Architect/Engineer shall prepare and deliver to the Owner and Contractor for their written acceptance a Certificate of Substantial Completion (herein so called) on Form AIA G704 or such other form acceptable to Owner, which may state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance and shall list the items determined by the Owner to require completion or correction correction, as applicable, and fix the a reasonable time within which the Contractor shall complete or correct the items listed and submit to the Owner all documents and other matters required by the Contract Documents to be submitted by the Contractor upon completion of the Work. Warranties required by the Contract Documents shall commence on the Turnover Date of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall constitute a demand for a formal billing (including all costs, claims costs or fees for any outstanding Change Orders, or any other matter which the Contractor has not previously waived pursuant to the General Conditions, Orders and itemized projections for any incomplete Work), and the Contractor shall be deemed conclusively to have waived the right to payment of any such item, fee or cost of any kind not billed to the Owner within thirty sixty (3060) calendar days of delivery to the Contractor of the Certificate of Substantial Completion, except for Change Order(s) or written claims in the possession of Owner which are still pending approval or in dispute. The issuance of the Certificate of Substantial Completion shall not constitute a waiver of any rights of the Owner, including including, without limitation limitation, the right to those retainages permitted by the Contract Documents. If the Contractor does not complete and/or correct the "any “punch-list" ” items listed in the Certificate of Substantial Completion within the time fixed therein, the Owner shall have the right to accomplish the same and deduct or offset all costs thereof against any amounts then or thereafter due to the Contractor. If the amounts then or thereafter due to the Contractor are not sufficient to cover such costs, the Contractor shall pay the difference to the OwnerOwner within thirty (30) days of written demand thereof. The Owner's decision as to the Date of Substantial Completion shall be final and binding. 9.4.2 Within a reasonable time following the Owner's ’s receipt of written notification from the Contractor that the Work Work, in its entirety, is ready for final inspection and acceptance, acceptance and receipt of the final Application for Payment, the Owner shall make such inspection and, when the Work is found to be acceptable under the Contract Documents and the Contract fully performed, shall approve the final Application for Payment; provided, however, that neither the final payment nor any retention retainage shall become due until the Contractor submits to Owner all of the Owner: following documentation in form and substance acceptable to Owner and all of the following events have occurred: Contractor’s Final Affidavit in conformity with Florida Statutes, Section 713.06 (a) 3)(d); satisfactory evidence of payment in a form approved by the Owner, to Owner that all payrolls, bills for materials, supplies and equipment and other indebtedness connected with the Work for which the Owner claims of lien or its property might in any way be responsible notice of non-payment or claims related thereto have either been paid in full and released or otherwise satisfiedContractor shall have posted a valid surety bond sufficient to discharge same; (b) consent of sureties, if any, to final payment; (c) all Contract Documents (except one set thereof to be retained by the Contractor), including a complete set of as-built and record documents (as defined in and to the extent required by the Specifications); (d) such other data as the Owner reasonably may require establishing payment or satisfaction of all obligations of the Contractor in connection with the Work including (including, without limitation, receipts of and final satisfaction and releases and waivers of liens and releases of any and all liens/bond claims by the Contractor, Subcontractors and Sub-subcontractors, subcontractors conforming in all material respects with the laws then current provisions of Chapter 713 of the state where the Project is located Florida Statutes, as amended from time to time, and evidencing performance of the Work in accordance with the Contract Documents); (e) a release consent of the Owner and its insurers from and against any claims under the insurance required to be provided by the Owner hereunder (except to the extent of any claims theretofore timely filed which are owing but unpaid) and a release of the Owner from and against any claims between the Contractor and a separate contractor; (f) any governmental certificates required by the Contract Documents or otherwise to evidence compliance of the Contractor and the Work with applicable lawssureties, ordinancesif any, rules, codes and regulations and the Contract Documents and (g) warranties, guarantees, assignments thereof, and maintenance or other manuals, required by the Specifications in the forms approved by the Owner, in favor of the Owner and such other persons as the Owner may direct. The submission of all of the foregoing is an express condition precedent to Contractor's entitlement to final payment. 9.4.3 The making of final payment shall not constitute a waiver of any claims or rights by the Owner. 9.4.4 The acceptance of final payment by Contractor shall constitute a waiver of all claims by the Contractor and shall constitute a general release of the Owner and the Owner's Representative by the Contractor. 9.4.5 If at any time any Subcontractor or Sub-subcontractor refuses to furnish any release, satisfaction or waiver of lien required at any time by the Owner under Paragraphs 9.1, 9.3 or 9.4, or files a claim of lien against the Owner or any of the Owner's property, the Contractor shall, if requested by the Owner and at the Contractor's expense, furnish and record a Mechanic's Lien Release Bond (separate and apart from any other bond provided by the Contractor hereunder) that is in full compliance with the then-current laws, rules, regulations and ordinances of the state and the locality where the Project is located. If any Subcontractor or Sub-subcontractor serves a Stop Notice (bonded or otherwise) on Owner, Contractor shall, if requested by Owner and at Contractor's expense, furnish a Stop Notice Release Bond (separate and apart from any other bond provided by the Contractor hereunder) that is in full compliance with the then-current laws, rules, regulations and ordinances of the state and the locality where the Project is located. The Contractor authorizes the Owner, and shall cause its Subcontractors and Sub-subcontractors to authorize the Owner, to check directly with any suppliers of labor and material with respect to any item chargeable to the Owner's property, to confirm balances due and to obtain sworn statements and waivers of lien, all if the Owner so elects. If any lien remains unsatisfied after all payments are made to the Contractor, the Contractor shall reimburse the Owner upon Owner's demand the full amount of all monies that the Owner may be compelled to pay in discharging such lien, including all costs and attorneys' fees.;

SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 9.4.1 On 12.6.1 When the Date of Substantial CompletionContractor believes that the Work or a designated portion thereof acceptable to the Owner is substantially complete, the Contractor shall prepare and submit for submission to the Owner OR a list "punch list" of items to be completed and/or or corrected. Any item on such list shall be completed or corrected (before the Final Completion Date without regard to whether such item may be characterized by anyone as a "punch-listwarranty item" items) and its final xxxx, including itemized projected amounts for any portions of the Work not yet completedor otherwise. The failure to include any items on such "punch-list" shall punch list does not alter the responsibility of the Contractor to complete and/or correct the all Work in accordance with the Contract Documents. When the OwnerOR, on the basis of an inspection, confirms the notification from the Contractor that the Work is Substantially Completed or, without being notified by the Contractor, determines that the Work or a portion thereof is Substantially Completedsubstantially complete, the Owner shall he will then prepare and deliver to the Contractor a Certificate of Substantial Completion Completion, which may shall be AIA Document G704, which shall state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance and shall list the items determined by the Owner to require completion or correction as applicable, and fix the time within which the Contractor shall complete or correct the items listed and submit to the Owner all documents and other matters required by the Contract Documents to be submitted by the Contractor upon completion of the Workinsurance. The Certificate of Substantial Completion shall constitute a demand for a formal billing (including all costs, claims or fees for any outstanding Change Orders, or any other matter which the Contractor has not previously waived pursuant to the General Conditions, and itemized projections for any incomplete Work), and the Contractor shall be deemed conclusively to have waived the right to payment of any such item, fee or cost of any kind not billed to the Owner within thirty (30Certificate(s) days of delivery to the Contractor of the Certificate of Substantial Completion. The issuance of the Certificate of Substantial Completion shall not constitute a waiver of any rights of the Owner, including without limitation the right to those retainages permitted by the Contract Documents. If the Contractor does not complete and/or correct the "punch-list" items listed in the Certificate of Substantial Completion within the time fixed therein, the Owner shall have the right to accomplish the same and deduct or offset all costs thereof against any amounts then or thereafter due to the Contractor. If the amounts then or thereafter due to the Contractor are not sufficient to cover such costs, the Contractor shall pay the difference to the Owner. The Owner's decision as to the Date of Substantial Completion shall be final and bindingsubmitted to the Owner for their written acceptance of the responsibilities assigned to them in such Certificate. 9.4.2 Within a reasonable time following the Owner's 12.6.2 Upon receipt of written notification notice from the Contractor that the Work is ready for final inspection and acceptance, and receipt of the final Application for Payment, the Owner shall OR will promptly make such inspection and, when the OR finds (1) the Work is found to be acceptable under the Contract Documents and Documents; (2) the Contract fully performed; and (3) the Final Completion Date has been reached, as that term is defined in Subparagraph 11.1.4, then, and only then, the Contractor shall approve promptly issue a final Invoice stating that, to the final Application for Payment; providedbest of his knowledge, howeverinformation and belief, and on the basis of observations and inspections, the Work has been fully completed in accordance with the terms and conditions of the Contract Documents, that neither the entire balance found to be due the Contractor is payable, and that any securities held by the Owner in lieu of a cash retention are returnable. The Contractor's written notice required by this Paragraph shall state the Date of Final Completion. 12.6.3 Neither the final payment nor any retention the remaining retained percentage shall become due until the Contractor submits to the Owner: Owner (a1) evidence of payment in a form approved by the Owner, an affidavit that all payrolls, bills for materialsmaterials and equipment, supplies and equipment and other indebtedness connected with the Work for which the Owner or its his property might in any way be responsible responsible, have been paid in full or otherwise satisfied; (b2) consent of sureties, if any, surety to final payment; (c3) all Contract Documents (except one set thereof to be retained by the Contractor), including a complete set of as-built and record documents (as defined in and to the extent if required by the Specifications); (d) such Owner, other data as the Owner reasonably may require establishing payment or satisfaction of all obligations of such obligations, to the Contractor extent and in connection with such form as may be designated by the Work including receipts of final satisfaction Owner; and releases and waivers of liens and releases of any and all claims (4) written certification by the Contractor, Subcontractors and Sub-such subcontractors, conforming in all material respects with the laws of the state where the Project is located suppliers and evidencing performance of the Work in accordance with the Contract Documents; (e) a release of the Owner and its insurers from and against any claims under the insurance required to be provided by the Owner hereunder (except to the extent of any claims theretofore timely filed which are owing but unpaid) and a release of the Owner from and against any claims between the Contractor and a separate contractor; (f) any governmental certificates required by the Contract Documents or otherwise to evidence compliance of the Contractor and the Work with applicable laws, ordinances, rules, codes and regulations and the Contract Documents and (g) warranties, guarantees, assignments thereof, and maintenance or other manuals, required by the Specifications in the forms approved by the Owner, in favor of the Owner and such other persons manufacturers as the Owner may direct. The submission of all of shall designate, that no materials have been incorporated into the foregoing is an express condition precedent to Contractor's entitlement to final paymentWork which contain any asbestos. 9.4.3 The making of final payment shall not constitute a waiver of any claims or rights by the Owner. 9.4.4 12.6.4 The acceptance of final payment by Contractor shall constitute a waiver of all claims by the Contractor except previously made in writing and shall constitute a general release of the Owner and the Owner's Representative by the Contractorstill unsettled. 9.4.5 If at any time any Subcontractor or Sub-subcontractor refuses to furnish any release, satisfaction or waiver of lien required at any time by the Owner under Paragraphs 9.1, 9.3 or 9.4, or files a claim of lien against the Owner or any of the Owner's property, the Contractor shall, if requested by the Owner and at the Contractor's expense, furnish and record a Mechanic's Lien Release Bond (separate and apart from any other bond provided by the Contractor hereunder) that is in full compliance with the then-current laws, rules, regulations and ordinances of the state and the locality where the Project is located. If any Subcontractor or Sub-subcontractor serves a Stop Notice (bonded or otherwise) on Owner, Contractor shall, if requested by Owner and at Contractor's expense, furnish a Stop Notice Release Bond (separate and apart from any other bond provided by the Contractor hereunder) that is in full compliance with the then-current laws, rules, regulations and ordinances of the state and the locality where the Project is located. The Contractor authorizes the Owner, and shall cause its Subcontractors and Sub-subcontractors to authorize the Owner, to check directly with any suppliers of labor and material with respect to any item chargeable to the Owner's property, to confirm balances due and to obtain sworn statements and waivers of lien, all if the Owner so elects. If any lien remains unsatisfied after all payments are made to the Contractor, the Contractor shall reimburse the Owner upon Owner's demand the full amount of all monies that the Owner may be compelled to pay in discharging such lien, including all costs and attorneys' fees.

SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 9.4.1 On (1) When the Date of Substantial CompletionCity determines that the Work or a designated portion thereof is approximately 90% complete and ready and available for its intended use, the Contractor shall prepare and submit for submission to the Owner City’s, a list of items (Punch List) to be completed and/or corrected ("punch-list" items) or corrected. The City will review such list and its final xxxx, including itemized projected amounts for any portions of make modifications required to complete the Work not yet completedWork. The failure to include any items on such "punch-list" shall list does not alter the responsibility of the Contractor to complete and/or correct the all Work in accordance with the Contract Documentscontract documents. When the OwnerCity, on the basis of an inspection, confirms the notification from the Contractor that the Work is Substantially Completed or, without being notified by the Contractor, determines that the Work is Substantially Completedsubstantially complete, the Owner City shall prepare and deliver to establish the Contractor a Certificate Date of Substantial Completion which may Completion, shall state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance and shall list the items determined by the Owner to require completion or correction as applicable, and fix the time within which the Contractor shall complete or correct the items listed therein and submit forward such documentation to the Owner all documents and other matters required by the Contract Documents to be submitted by the Contractor upon completion of the Work. The Certificate of Substantial Completion shall constitute a demand for a formal billing (including all costs, claims or fees for any outstanding Change Orders, or any other matter which the Contractor has not previously waived pursuant to the General Conditions, and itemized projections for any incomplete Work), and the Contractor shall be deemed conclusively to have waived the right to payment of any such item, fee or cost of any kind not billed to the Owner within thirty (30) days of delivery to the Contractor of the Certificate of Substantial Completion. The issuance of the Certificate of Substantial Completion shall not constitute a waiver of any rights of the Owner, including without limitation the right to those retainages permitted by the Contract DocumentsCity. If the Contractor does not complete and/or correct all the "punch-list" items listed in on the Certificate of Substantial Completion Punch List within the time fixed thereintime, the Owner City shall have the right to accomplish withhold and use the same and deduct or offset all costs thereof against necessary funds, in addition to any amounts then or thereafter due Retainage that may have been held, to the Contractorhave such items completed by another party. If the amounts then or thereafter due to the Contractor are not sufficient to cover such costs, the The Contractor shall pay bear any additional costs beyond the difference withheld Retainage amount necessary to complete the Owner. The Owner's decision as to the Date of Substantial Completion shall be final and bindingPunch List. 9.4.2 Within a reasonable time following the Owner's (2) Upon receipt of written notification from the Contractor notice that the Work is ready for final inspection inspections and acceptance, acceptance and upon receipt of the a final Application application for Paymentpayment and reproducible “record or as-built” drawings and all other necessary construction documents, the Owner shall City will promptly make such inspection and, and when finding the Work is found to be acceptable under the Contract Documents contract documents and the Contract contract fully performed, including completion or correction of the items contained on the Punch List, the City will promptly approve final payment. After final inspection and acceptance of the Work, final payment shall approve be made in accordance with the final Application for Payment; provided, however, that neither Payment Clause referred to in the contract. (3) Neither the final payment nor any retention the remaining retained percentage or other withheld funds shall become due until the Contractor submits to the OwnerCity: (a) evidence i. A release of payment in a form approved all claims against the City arising under and by virtue of this contract other than such claims, if any, as may be specifically submitted and certified by the Owner, Contractor and expected by the City. ii. An affidavit that all payrolls, bills for materials, supplies materials and equipment and other indebtedness connected with the Work work for which the Owner City or its property might in any way be responsible responsible, have been paid in full or otherwise satisfied; (b) consent of sureties, if any, to final payment; (c) all Contract Documents (except one set thereof to be retained by the Contractor), including a complete set of as-built and record documents (as defined in and to the extent . iii. If required by the Specifications); (d) such City, other data as the Owner reasonably may require establishing payment or satisfaction of all any such obligations of the Contractor in connection with the Work including receipts of final satisfaction and such as receipts, releases and waivers of or liens and releases of or any and all other claims by the Contractor, Subcontractors and Sub-subcontractors, conforming in all material respects with the laws arising out of the state where the Project is located and evidencing performance of the Work in accordance with the Contract Documents; (e) a release of the Owner and its insurers from and against any claims under the insurance required to be provided by the Owner hereunder (except subcontract, to the extent of any claims theretofore timely filed which are owing but unpaid) and a release of the Owner from and against any claims between the Contractor and a separate contractor; (f) any governmental certificates required in such form as may be designated by the Contract Documents or otherwise to evidence compliance of the Contractor and the Work with applicable laws, ordinances, rules, codes and regulations and the Contract Documents and (g) warranties, guarantees, assignments thereof, and maintenance or other manuals, required by the Specifications in the forms approved by the Owner, in favor of the Owner and such other persons as the Owner may directCity. The submission of all of the foregoing is an express condition precedent to Contractor's entitlement to final payment. 9.4.3 The making of final payment shall not constitute a waiver of any claims or rights by the Owner. 9.4.4 The acceptance of final payment by Contractor shall constitute a waiver of all claims by the Contractor and shall constitute a general release of the Owner and sub- tiers for the Owner's Representative by the ContractorWork. 9.4.5 If at any time any Subcontractor or Sub-subcontractor refuses to furnish any release, satisfaction or waiver of lien required at any time by the Owner under Paragraphs 9.1, 9.3 or 9.4, or files a claim of lien against the Owner or any of the Owner's property, the Contractor shall, if requested by the Owner and at the Contractor's expense, furnish and record a Mechanic's Lien Release Bond (separate and apart from any other bond provided by the Contractor hereunder) that is in full compliance with the then-current laws, rules, regulations and ordinances of the state and the locality where the Project is located. If any Subcontractor or Sub-subcontractor serves a Stop Notice (bonded or otherwise) on Owner, Contractor shall, if requested by Owner and at Contractor's expense, furnish a Stop Notice Release Bond (separate and apart from any other bond provided by the Contractor hereunder) that is in full compliance with the then-current laws, rules, regulations and ordinances of the state and the locality where the Project is located. The Contractor authorizes the Owner, and shall cause its Subcontractors and Sub-subcontractors to authorize the Owner, to check directly with any suppliers of labor and material with respect to any item chargeable to the Owner's property, to confirm balances due and to obtain sworn statements and waivers of lien, all if the Owner so elects. If any lien remains unsatisfied after all payments are made to the Contractor, the Contractor shall reimburse the Owner upon Owner's demand the full amount of all monies that the Owner may be compelled to pay in discharging such lien, including all costs and attorneys' fees.