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Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect
<br /> will promptly issue a final Certificate for Payment stating that to the best of the Architect' s knowledge, 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
<br /> Contractor and noted in the final Certificate is due and payable. The Architect' s final Certificate for Payment will
<br /> constitute a further representation that conditions listed in Section 9. 10.2 as precedent to the Contractor' s being
<br /> entitled to final payment have been fulfilled.
<br /> §, ,9. 10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits
<br /> I .to the Architect ( 1 ) anaffidavit that payrolls, bills for materials and equipment, and other indebtedness connected
<br /> with the Workfor which the Owner or the Owner' s property might be responsible or encumbered (less amounts
<br /> withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the
<br /> Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed
<br /> to expire until at least 30 days' prior written notice has been given to the Owner, (3 ) a written statement that the
<br /> Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by
<br /> the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data
<br /> establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security
<br /> interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the
<br /> Owner! If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a
<br /> bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after
<br /> I ' llpayments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in
<br /> F11 I
<br /> discharging such lien, including all costs and reasonable attorneys' fees.
<br /> 1$.10-3 It after Sub antitill Completion of the Work, final completion thereof is materially delayed through no fault
<br /> of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the
<br /> Owner : shall, upon application by the Contractor and certification by the Architect, and without terminating the
<br /> Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the
<br /> remaining balance for;. Work not fully completed or corrected is less than retainage stipulated in the Contract
<br /> Documents, and > f bonds have been furnished, the written consent of surety to payment of the balance due for that
<br /> Portion,. of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to
<br /> certification of such payment. Such payment shall be made under terms and conditions governing final payment,
<br /> except that it shall not constitute a waiver of claims.
<br /> I FL
<br /> §It
<br /> 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from
<br /> .1 mens, Claims, securityIF
<br /> or 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 /> '
<br /> .3 termsof special warranties required by the Contract Documents.
<br /> §:,g 10 5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a
<br /> waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at
<br /> the time of final Api 'Fplication for„ Payment.
<br /> LL I
<br /> ARTICLE 10 PROTECTION OFI.`PERSONS AND PROPERTY
<br /> LL
<br /> § 10.1 SAFETY PRECAUTIONS AND PROGRAMS
<br /> The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs
<br /> LL
<br /> in connection with the performance of the Contract.
<br /> § 10.2 SAFETY OF PERSONS AND PROPERTY
<br /> §102.1 The Contractor shall take reasonable precautions for safety of; and shall provide reasonable protection to
<br /> IF
<br /> prevent damageinjury or loss to
<br /> ,
<br /> . 1 employees on the Work and other persons who may be affected thereby,
<br /> LL ,2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the
<br /> Fit
<br /> ;site, under care, custody or control of the Contractor or the Contractor ' s Subcontractors or Sub-
<br /> 11
<br /> subcontractors; and
<br /> .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,
<br /> roadways, structures and utilities not designated for removal, relocation or replacement in the course
<br /> of construction.
<br /> Init. AIA Document A201TM Fit 2007. Copyright © 1911 , 19159 1918, 1925, 1937, 1951 , 1958, 1961 , 1963, 1966, 1970 , 1976, 1987t 1997 and
<br /> 2007 by The American
<br /> Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized
<br /> reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted
<br /> to the
<br /> maximum extent possible under the law. This document was produced by AIA software at 11 :28: 34 on 12/21/2012 under Order No.4386727979_1 which
<br /> expires on 02/05/2013, and is not for resale.
<br /> User Notes: (811102566)
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