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� items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the I i
<br /> responsibility of the Contractor to complete all Work in accordance with the Contract Docutnents. I
<br /> § 15.4.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work ar �!
<br /> designated portion thereof is substantially complete. When the Architect determines that the Work or designated ';
<br /> portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall �
<br /> establish the date of Substantial Completion, establish responsibilities of the Owner and Contractor for security,
<br /> maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall
<br /> finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall �
<br /> commence on the date of Substantial Completion ofthe Work or designated portion thereofunless otherwise provided �
<br /> in the Certificate of Substantial Completion. ;
<br /> § 15.4.4 The Gertificate of Substantial Completion shall be submitted to the Owner and Contractor far their written �
<br /> acceptance ofresponsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, �
<br /> the Ovmer shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall I
<br /> be adjusted for Work that is incomplete or not in accordance with the requirements ofthe Contract Documents. I
<br /> § 15.5 FINAL COMPLETION AND FINAL PAYMENT
<br /> § 15.5.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and
<br /> upon receipt of a final Application for Pa}ment, the Architect will promptly make such inspection and, when the
<br /> Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect
<br /> will promptly issue a final Certif cate for Payment stating that to the best of the Architect's lrnowledge, information �
<br /> and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in ;
<br /> accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the i
<br /> Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will
<br /> constitute a furthex representation that conditions stated in Section 15.5,2 as precedent to the Contractor's being
<br /> entitled to final payment have been fulfilled.
<br /> § 15.5.2 Final payment shail not become due until the Contractor has delivered to the Owner a complete release of all
<br /> liens arising out ofthis Contract or receipts in full covering all labor, materials and equipment for which a lien could be �
<br /> filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied ��
<br /> after payments aze made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay I
<br /> in discharging such lien, including costs and reasonable attorneys' fees.
<br /> § 15.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from i
<br /> .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled;
<br /> .2 failure of the Work to comply with the requirements of the Conh�act Documents; or
<br /> .3 terms of special warranties required by the Contract Documents.
<br /> �
<br /> § 15.5.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver �
<br /> of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of
<br /> final Application for Payment. I
<br /> ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY
<br /> § 16.1 SAFETY PRECAUTIONS AND PROGRAMS
<br /> The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in
<br /> connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and
<br /> shall provide reasonable protection to prevent damage, injury or loss to �
<br /> .1 employees on the Work and other persons who may be affected thereby;
<br /> .2 the Work and materials and equipment to be incorporated therein, whether in storage on ar offthe site,
<br /> under care, custody or control of the Contractor or the Contractor's Subcontractors or
<br /> Sub-subcontractors; and
<br /> .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways,
<br /> structures and utilities not designated for removal, relocation or replacement in the course of
<br /> construction.
<br /> AIA Doeumsnt A107TM — 2007. Copyripht m 1938,1951, 1958, 1861, 1863, 1968, 1970, 1974, 1978, 1987, 1997 and 2007 by The American InsUtute oi Architects.
<br /> Init. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Internatlonai Treatiea. Unauthorized reproductian or 13
<br /> distdbutfon of thls AIA Document, or any portton of R, may result In severe civil end criminal penafties, and wlll be prosecuted to the maxlmum e�ctent
<br /> / possible under the law. Thls document was produced by AIA sottwaro at 14:59:28 on 04lOS/2011 under Order No.4716495922_1 whlch expirea on 10/28/2D11,
<br /> and Is not for resale.
<br /> UaerNotea: (1630881889)
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