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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
<br /> responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
<br /> §15.6.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work
<br /> or 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 of the Work or designated portion thereof unless otherwise
<br /> provided in the Certificate of Substantial Completion.
<br /> §15.6.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written
<br /> acceptance of responsibilities assigned to them in the Certificate.Upon such acceptance and consent of surety,if
<br /> any,the Owner shall make payment of retainage applying to the Work or designated portion thereof.Such payment
<br /> shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents.
<br /> §15.7 Final Completion and Final Payment
<br /> §15.7.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon
<br /> receipt of a final Application for Payment,the Architect will promptly make such inspection and,when the Architect
<br /> finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will
<br /> promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge,information and
<br /> belief,and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance
<br /> with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final
<br /> Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further representation
<br /> that conditions stated in Section 15.7.2 as precedent to the Contractor's being entitled to final payment have been
<br /> fulfilled.
<br /> §15.7.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all
<br /> liens arising out of this Contract or receipts in full covering all labor,materials and equipment for which a lien could
<br /> be filed,or a bond satisfactory to the Owner to indemnify the Owner against such lien.If such lien remains
<br /> unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be
<br /> compelled to pay in discharging such lien,including costs and reasonable attorneys'fees.
<br /> §15.7.3 The making 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;
<br /> .3 terms of special warranties required by the Contract Documents;or
<br /> .4 audits performed by the Owner,if permitted by the Contract Documents,after final payment.
<br /> §15.7.4 Acceptance of final payment by the Contractor,a Subcontractor or supplier shall constitute a waiver of
<br /> claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of
<br /> the final Application for Payment.
<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
<br /> in connection with the performance of the Contract.The Contractor shall take reasonable precautions for safety of,
<br /> and shall provide reasonable protection to prevent damage,injury,or loss to
<br /> .1 employees on the Work and other persons who maybe affected thereby;
<br /> .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site,
<br /> under care,custody,or control of the Contractor,a Subcontractor,or a Sub-subcontractor;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 Document A104-2017(formerly A107T —2007).Copyright @ 1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997,2007 and 2017.All
<br /> rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of 18
<br /> The American Institute of Architects.This document was produced at 14:33:21 CT on 01/31/2024 under Order No.3104238599 which expires on 05/21/2024,is
<br /> not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright
<br /> violations,e-mail docinfo@aiacontracts.com.
<br /> User Notes: (3B9ADA3D)
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