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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\0216- 12th Street Between 16th Avenue and 11th Place\0216 Federal Contract Provisions . doc Msi2" 3:0625 PM