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<br /> items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the
<br /> responsibility of the Contractor to complete a11 Work in accordance with the Contract Documents.
<br /> § 15.4.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work ar
<br /> desigetafed 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 /> estabiish the date of Substantial Completion, establish responsibilities of the Owner and Contractor far security,
<br /> ma�tenance, 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 of the Work or designated portian thereof unless otherwise provided
<br /> in the Cerrificate of Substantial Completion.
<br /> § 15.4.4 The Cettificate of Substantial Completion shall be submitted to the Owner and Contractor for their written
<br /> accoptance �'responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any,
<br /> die Ownet s�hall make payment of retainage applying to such Work or designated portion thereof. Such payment shall
<br /> be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
<br /> § 15.5 FINAL COMPLETION AND FINAL PAYMENT
<br /> § 15.5.1 Upon raxipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and
<br /> upon receipt of a final f►pplication for Payment, 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 /> wiH prompdy issue a Snal Certificate for Payment stating that to the best of the Architect's lmowledge, information
<br /> and belie� acid or� �e basis of the Architect's an-site visits and inspections, the Work has been completed in
<br /> accordance witl� tatns and conditions of the Contract Documents and that the entire balance found to be due the
<br /> Contraetor and noted in �e final Certificate is due and payable. The ArchitecY s final Certificate for Payment will
<br /> constitute a further representation that conditions stated in Section 15.5.2 as precedent to the Contractor's being
<br /> entitled to fu►al psyment have been fulfilled.
<br /> § 15.5.2 Final payment ahall not become due until the Contractor has delivered to the Owner a complete release of all
<br /> liars arising out oftt�is C�tract 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, tfiie Contractor shall refund to the Owner all money that the Owner may be compelled to pay
<br /> in discharging suc� liai, including c�sts and reasonable attorneys' fees.
<br /> § 15.5.3 The ttlaking of final payment shall constitute a waiver of claims by the Owner except those arising from
<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 Contract Documents; or
<br /> .3 terms of speeial warranties required by the Contract Documents.
<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 exccpt those previously made in writing and identified by that payee as unsettled at the time of
<br /> final Application for Payment.
<br /> ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY
<br /> § 16.1 SAFETY PRECAUTIONS AND PROGRAMS
<br /> The Contractar sha� be responsible for initiating, maintaining and supervising all safety precautions and programs in
<br /> connection with d�►e p�rformance 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 or offthe site,
<br /> under care, custody or control of the Contractor or the Contractor's Subconiractors 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 /> init. AIA 9ocument A107TM' — 2007. Copyright m 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1874, 1978, 1987, 1997 and 2007 by The American Institute of Architects.
<br /> All ri hts reserved. WARNING: This AIA DoeumsM b protseted by U.S. Copyright Law and Intsmatlonal Troatlss. Unauthorizsd reproductlon or 13
<br /> dlsUibution of thla AIA Documsnt, or any porUon of k, mry rssuk In sevsra elvil and criminal pensklas, and will be prosseuted to th� maximum �xtent
<br /> � possible underths law. This documentwas produced by AIA soflware at 11�15:12 on 11l04/2011 under Order No.0875262049_1 which expires on 10/29/2012,
<br /> and is notfor resale.
<br /> User Notes: (945440306)
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