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GC 44.5 Final payment may be made to certain select Sub-contractors whose work is <br /> satisfactorily completed prior to the total completion of the Project but only upon advance written approval <br /> of the Owner and Surety. <br /> GC 44 .6 If there remain items to be completed, the Contractor and Owner shall list those items <br /> required for completion and the Contractor shall require the retainage of a sum equal to 200% of the <br /> estimated cost of completing any unfinished items, provided that said unfinished items are listed <br /> separately and the estimated cost of completing any unfinished items likewise listed separately. <br /> GC 44 .7 The Contractor shall timely payand notwithhold payments to Sub-Contractors if such <br /> payments have been made to the Contractor. Should this occur for any reason , the Contractor shall <br /> immediately return such monies to the Owner, adjusting pay requests and project bookkeeping as <br /> required . <br /> s <br /> GC 44.8 Substantial Completion . Following determination by the Engineer of substantial <br /> completion, Contractor shall separately list each item of the punchlist required for final completion and the <br /> estimated cost of completing each item . Provided all pre-requisites for substantial completion have been <br />' met, Contractor may submit a special payment request along with the cost list for unfinished work. The <br /> City may retain a sum equal to 150% of the estimated cost of completing the unfinished items . <br /> GC 44.9 Final Payment. In case of disputed indebtedness or liens the Contractor may submit <br /> in lieu of evidence of payment a surety or Performance Bond satisfactory to the Owner guaranteeing <br /> payment of all such disputed amounts when adjudicated in cases where such payment has not already <br /> been guaranteed by a Surety or Performance bond . <br /> Upon issuance of a Final Certification by Engineer, and completion of all of the following items, Contractor <br /> may submit its final invoice. <br /> 1 . Notarized and corporate sealed Final Release of Liens from all sub-contractors and <br /> suppliers. <br /> 2 . Notarized and corporate sealed Final Release of Liens from Contractor. <br /> 3 . Consent of surety for final payment. <br /> 4 . All pre-requisites for substantial completion and final completion have been met. <br /> The making and acceptance of the final payment shall constitute a waiver and release of all claims by the <br /> Contractor, except those previously made in writing and still unsettled . <br /> GC 44 . 10 Withheld Payments. The Owner may withhold or, on account of subsequently <br /> discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be <br /> necessary to protect Owner if: <br /> a. Defective work or material is not remedied . <br /> b . Claims filed or reasonable evidence indicating public filing of claims by Owner orthird parties <br /> against the Contractor. <br /> C. Failure of the Contractor to make payments to sub-contractors or for material or labor. <br /> d . Damage to another Contractor. <br /> e. Contractor is in default of any contract condition . <br /> f. Contractor fails to submit information required by this Contract. <br /> g . Contractor consistently fails to perform work in accordance with the Contract Documents. <br /> h . Owner has reasonable doubt that Contract work can be completed within the schedule or for <br /> the balance of the Contract price which remains unpaid . <br /> i . Contractors insurance coverage lapsed . <br /> s <br /> 42 <br /> MrdMR54:29AM <br />