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GC 44 . 5 Final payment may be made to certain select Sub-contractors whose work is satisfactorily completed prior to the total completion of the Project but only upon advance written approval of the Owner and Surety. GC 44 . 6 If there remain items to be completed , the Contractor and Owner shall list those items required for completion and the Contractor shall require the retainage of a sum equal to 200 % of the estimated cost of completing any unfinished items , provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items likewise listed separately . GC 44 . 7 The Contractor shall timely pay and not withhold payments to Sub-Contractors if such payments have been made to the Contractor . Should this occur for any reason , the Contractor shall immediately return such monies to the Owner, adjusting pay requests and project bookkeeping as required . GC 44 . 8 Substantial Completion . Following determination by the Engineer of substantial completion , Contractor shall separately list each item of the punchlist required for final completion and the estimated cost of completing each item . Provided all pre-requisites for substantial completion have been met, Contractor may submit a special payment request along with the cost list for unfinished work . The County may retain a sum equal to 150 % of the estimated cost of completing the unfinished items . GC 44 . 9 Final Payment. In case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety or Performance Bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by a Surety or Performance bond . Upon issuance of a Final Certification by Engineer, and completion of all of the following items , Contractor may submit its final invoice . 1 . Notarized and corporate sealed Final Release of Liens from all sub-contractors and suppliers . 2 . Notarized and corporate sealed Final Release of Liens from Contractor . 3 . Consent of surety for final payment . 4 . All pre-requisites for substantial completion and final completion have been met . The making and acceptance of the final payment shall constitute a waiver and release of all claims by the Contractor, except those previously made in writing and still unsettled . GC 44 . 10 Withheld Payments . The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be necessary to protect Owner if: a . Defective work or material is not remedied . b . Claims filed or reasonable evidence indicating public filing of claims by Owner or third parties against the Contractor . C . Failure of the Contractor to make payments to sub-contractors or for material or labor. d . Damage to another Contractor . e . Contractor is in default of any contract condition . f. Contractor fails to submit information required by this Contract. g . Contractor consistently fails to perform work in accordance with the Contract Documents . h . Owner has reasonable doubt that Contract work can be completed within the schedule or for the balance of the Contract price which remains unpaid . i . Contractors insurance coverage lapsed . 42 F :\Engineering\Capital Projects\0604- 12th St Sidewalk Improve between 43rd Ave & 27th Ave\0604 Federal Contract Provisions . doc 8129/2" 320:34 PM