Common use of ACCEPTANCE AND FINAL PAYMENT Clause in Contracts

ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. Neither the Final Payment nor the remaining retained percentage shall become due until the Contractor submits to the OWNER a. An affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the OWNER or the OWNER's property might in any way be responsible, have been paid or otherwise satisfied. b. Consent of surety, if any, to Final Payment. c. Other data establishing payment satisfaction of all such obligations, such as receipts, releases, and waivers of all liens arising out of the Contract, to the extent and in such form as may be designated by the OWNER. Contractor shall obtain affidavits and consent from subcontractors per paragraphs a. and b. above prior to furnishing same to Owner. If any subcontractor refuses to furnish a release or waiver required by the OWNER, the Contractor may furnish a release or waiver required by the OWNER, and a bond satisfactory to the OWNER, to indemnify the OWNER against any such lien. If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by the issuance of Contract Change Order(s) affecting Final Completion, the OWNER shall, upon application by the Contractor and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as provided in the Contract, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed shall be submitted by the Contractor to the OWNER prior to certification of such payment. Such payment shall be made under the terms and conditions governing Final Payment, except that it shall not constitute a waiver of claims. The acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the Final Application for Payment. Neither Substantial Completion nor Final Completion and Final Payment shall occur until final and complete written approval of the Work, if required, has been obtained from the OWNER's Building Inspector, the OWNER's Fire ▇▇▇▇▇▇▇▇ and any applicable Health Departments. 100-1 GENERAL. When the specifications require a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: a. Adequately provide for the production of acceptable quality materials. b. Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. c. Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, his/her understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed by the Engineer. No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer.

ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. Neither the Final Payment nor the remaining retained percentage shall become due until the Contractor submits to the OWNER a. An affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the OWNER or the OWNER's property might in any way be responsible, have been paid or otherwise satisfied. b. Consent of surety, if any, to Final Payment. c. Other data establishing payment satisfaction of all such obligations, such as receipts, releases, and waivers of all liens arising out of the Contract, to the extent and in such form as may be designated by the OWNER. Contractor shall obtain affidavits and consent from subcontractors per paragraphs a. and b. above prior to furnishing same to Owner. If any subcontractor refuses to furnish a release or waiver required by the OWNER, the Contractor may furnish a release or waiver required by the OWNER, and a bond satisfactory to the OWNER, to indemnify the OWNER against any such lien. If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by the issuance of Contract Change Order(s) affecting Final Completion, the OWNER shall, upon application by the Contractor and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as provided in the Contract, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed shall be submitted by the Contractor to the OWNER prior to certification of such payment. Such payment shall be made under the terms and conditions governing Final Payment, except that it shall not constitute a waiver of claims. The acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the Final Application for Payment. Neither Substantial Completion nor Final Completion and Final Payment shall occur until final and complete written approval of the Work, if required, has been obtained from the OWNER's Building Inspector, the OWNER's Fire ▇▇▇▇▇▇▇▇ and any applicable Health Departments. SECTION 100 - CONTRACTOR QUALITY CONTROL PROGRAM‌ 100-1 GENERAL. When the specifications require a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: a. Adequately provide for the production of acceptable quality materials. b. Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. c. Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, his/her understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed by the Engineer. No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer.

ACCEPTANCE AND FINAL PAYMENT. When 39.1 Upon receipt of written notice that the contract work is substantially completed or ready for final inspection and acceptance, the Engineer/Architect will promptly make such inspection, if Engineer/Architect finds the work acceptable under the Contract, and Contract fully performed, or substantially completed, Engineer/Architect shall promptly issue a signed certificate stating that the work required by this Contract has been completed or substantially completed and is accepted by Engineer/Architect under the terms and conditions thereof. The certificate shall contain the entire balance found to be due and payable to the Contractor, including the retained percentage, less a retention based on the Engineer’s/Architect’s estimate of the fair value of the claims against the Contractor and the cost of completing the incomplete or unsatisfactory items of work with specified amounts for each incomplete or defective item of work. The date of substantial completion of a project or specified area of a project is the date when the construction is sufficiently completed in accordance with the requirements Contract Documents as modified by any change orders agreed to by the parties so that the Owner can occupy the project for the use for which it was intended. 39.2 Before issuance of the subsection titled FINAL ACCEPTANCE of Section 50final payment, the Engineer will prepare Contractor, if required in the final estimate of the items of work actually performed. The Contractor Special Conditions, shall approve certify in writing to the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. Neither the Final Payment nor the remaining retained percentage shall become due until the Contractor submits to the OWNER a. An affidavit Architect that all payrolls, bills for materials and equipmentmaterial bills, and other indebtedness connected or liens, with the Work for which the OWNER or the OWNER's property might in any way be responsible, work have been paid paid, or otherwise satisfied. b. Consent , except that in case of suretydisputed indebtedness or liens, if any, to Final Payment. c. Other data establishing the Contract does not include a payment satisfaction of all such obligationsdisputed amounts, such as receipts, releases, including all related costs and waivers interest in connection with said disputed indebtedness or lien which the Owner may be compelled to pay upon adjudication. 39.3 The making and acceptance of the final payment shall constitute a waiver of all liens claims by the Owner, other than those arising out from unsettled liens, from faulty work appearing within a one year guarantee period from date of acceptance, from the requirements of the ContractDrawings and Specifications, to or from the extent and in such form as may be designated manufacturer’s guarantees. It shall also constitute a waiver of all claims by the OWNER. Contractor, except those previously made and still unsettled. 39.4 In the event that the Contractor has previously made a claim that is still unsettled, the Owner shall obtain affidavits and consent be entitled to withhold from subcontractors per paragraphs a. and b. above prior to furnishing same to the final payment, as an offset, any amounts that the Owner. If any subcontractor refuses to furnish a release or waiver required by the OWNER, in its sole discretion, believes that the Contractor may furnish a release or waiver required by the OWNER, and a bond satisfactory owe to the OWNEROwner for liquidated damages or for the Contractor’s failure to timely complete the project. Notwithstanding anything to the contrary herein, the Owner shall not be liable, in any event, for any interest that accrues on any amount(s) withheld from the final payment, as an offset, that the Owner, in its sole discretion, believes that the Contractor may owe to indemnify the OWNER against any such lien. IfOwner for liquidated damages or for the Contractor’s failure to timely complete the project. 39.5 If after the work has been substantially completed, after Substantial Completion of the Work, Final Completion full completion thereof is materially delayed through no fault of the Contractor or by Contractor’s and the issuance of Contract Change Order(s) affecting Final CompletionEngineer/Architect so certified, the OWNER Owner shall, upon application by certificate of the Contractor Engineer/Architect, and without terminating the Contractcontract, make payment of the balance due for that portion of the Work work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as provided in the Contract, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed shall be submitted by the Contractor to the OWNER prior to certification of such payment. Such payment shall be made under the terms and conditions governing Final Paymentfinal payment, except that it shall not constitute a waiver of claims. 39.6 Payments shall be in accordance with Texas Government Code § 2251. The acceptance of Final Payment Owner shall constitute a waiver of all claims by not be responsible for paying any interest on any amounts withheld from any progress payments or from final payment that the Owner, in its sole discretion, believes that the Contractor except those previously made in writing and identified by may owe to the Contractor as unsettled at the time of the Final Application Owner for Payment. Neither Substantial Completion nor Final Completion and Final Payment shall occur until final and complete written approval of the Work, if required, has been obtained from the OWNER's Building Inspector, the OWNER's Fire ▇▇▇▇▇▇▇▇ and any applicable Health Departments. 100-1 GENERAL. When the specifications require a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract plans, technical specifications and other requirements, whether manufactured by liquidated damages or for the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in ’s failure to timely complete the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: a. Adequately provide for the production of acceptable quality materialsproject. b. Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. c. Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, his/her understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed by the Engineer. No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer.

ACCEPTANCE AND FINAL PAYMENT. When Upon receipt of notice from Contractor that the contract work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50is substantially completed or ready for final inspection and acceptance, the Engineer will prepare promptly make such inspection, and when he finds the final estimate of Work acceptable under this Agreement and this Agreement fully performed or substantially completed he will promptly issue a certificate stating that the items of work actually performed. The Contractor shall approve the Engineer's final estimate required by this Agreement has been completed or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid substantially completed and is accepted by him under the contract as amended by change order or supplemental agreement. The Contractor terms and conditions hereof, and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined balance found to be due the Contractor Contractor, including any retainage, if any, less all previous payments and all amounts to be deducted under a retention based on the provisions Engineer’s estimate of the contract. All prior partial estimates and payments shall be subject to correction in fair value of the final estimate and payment. If claims against the Contractor has filed a claim and the cost of completing the incomplete or unsatisfactory items of work with specified amounts for additional compensation under the provisions each incomplete or defective item of work, is due and payable. The date of substantial completion of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES Work or specified area of Section 50 or under the provisions of this subsection, such claims will be considered by Work is the Owner date when the construction is sufficiently completed in accordance with local laws or ordinancesthis Agreement, as modified by any change orders agreed to by the Parties, so that the Owner can make use of the project for which it was intended. Upon Before issuance of final adjudication of such claimspayment, any additional payment determined to be due the Contractor Contractor, if requested will be paid pursuant to a supplemental final estimate. Neither the Final Payment nor the remaining retained percentage shall become due until the Contractor submits certify in writing to the OWNER a. An affidavit Engineer that all payrolls, bills for materials and equipmentmaterial bills, and other indebtedness connected with the Work for which the OWNER or the OWNER's property might in any way be responsible, work have been paid paid, or otherwise satisfied. b. Consent , except that in case of suretydisputed indebtedness or liens, if any, to Final Payment. c. Other data establishing this Agreement does not include a payment satisfaction of all such obligations, such as receipts, releases, and waivers of all liens arising out of the Contract, to the extent and in such form as may be designated by the OWNER. Contractor shall obtain affidavits and consent from subcontractors per paragraphs a. and b. above prior to furnishing same to Owner. If any subcontractor refuses to furnish a release or waiver required by the OWNERbond, the Contractor may furnish submit in lieu of certification of payment a release or waiver required by surety bond in the OWNER, and a bond satisfactory to the OWNER, to indemnify the OWNER against any such lien. If, after Substantial Completion amount of the Workdisputed indebtedness or liens, Final Completion guaranteeing payment of all such disputed amounts, including all related costs and interest in connection with said disputed indebtedness or liens which the Owner may be compelled to pay upon adjudication. If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor or by Contractor, and the issuance of Contract Change Order(s) affecting Final CompletionEngineer so recommends, the OWNER shallOwner will, upon application by recommendation of the Contractor Engineer and without terminating the Contract, this Agreement make payment of the balance due for that portion of the Work work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as provided in the Contract, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed shall be submitted by the Contractor to the OWNER prior to certification of such payment. Such payment shall will be made under the terms and conditions governing Final Paymentfinal payment, except that it shall will not constitute a waiver of claims. The acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the Final Application for Payment. Neither Substantial Completion nor Final Completion and Final Payment shall occur until final and complete written approval of the Work, if required, has been obtained from the OWNER's Building Inspector, the OWNER's Fire ▇▇▇▇▇▇▇▇ and any applicable Health Departments. 100-1 GENERAL. When the specifications require a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: a. Adequately provide for the production of acceptable quality materialsOwner. b. Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. c. Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, his/her understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed by the Engineer. No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer.

ACCEPTANCE AND FINAL PAYMENT. ‌ a. When the contract work Contract Work has been accepted in accordance with the requirements of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer Design Professional will prepare the final estimate of the items of work Work actually performed. The Contractor CMR shall approve the Engineer's Design Professional’s final estimate or advise the Engineer Design Professional of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract Contract as amended by change order Change Order or supplemental agreementSupplemental Agreement. The Contractor CMR and the Engineer Design Professional shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days thirty (30) Calendar Days of the Contractor's CMR’s receipt of the Engineer's Design Professional’s final estimate. If, after such 30-day period, a dispute still exists, the Contractor CMR may approve the Engineer's Design Professional’s estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner Airport Authority as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. . b. As a precondition of making final payment, the CMR must submit the following items to the Airport Authority along with the final Application for Payment: (1) satisfactory proof that all claims arising out of the Work have been released or bonded to the Airport Authority’s satisfaction; (2) acknowledgment of prior payments and release of liens and claims from all Subcontractors and the CMR; (3) a notarized final sworn statement and applicable affidavit(s) that all payrolls, bills for Materials and Equipment, and other indebtedness connected with the Work for which the Airport Authority or its property might in any way be responsible, have been paid or otherwise satisfied, and any other information or documentation requested by the Airport Authority establishing payment or satisfaction of all obligations arising out of the Contract, to the extent and in such form as may be designated by the Airport Authority; and (4) consent of Surety, if required, to release retainage and final payment. c. After the Contractor CMR has approved, or approved under protest, the Engineer's Design Professional’s final estimate, final payment will be processed based on the entire sumPrice, or the undisputed sum Price in case of approval under protest, determined to be due the Contractor CMR less all previous payments and all amounts to be deducted under the provisions of the contractContract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. . d. If the Contractor CMR has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner Airport Authority in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. Neither the Final Payment nor the remaining retained percentage shall become due until the Contractor submits to the OWNERfinal a. An affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the OWNER or the OWNER's property might in any way be responsible, have been paid or otherwise satisfied. b. Consent of surety, if any, to Final Payment. c. Other data establishing payment satisfaction of all such obligations, such as receipts, releases, and waivers of all liens arising out of the Contract, to the extent and in such form as may be designated by the OWNER. Contractor shall obtain affidavits and consent from subcontractors per paragraphs a. and b. above prior to furnishing same to Owner. If any subcontractor refuses to furnish a release or waiver required by the OWNER, the Contractor may furnish a release or waiver required by the OWNER, and a bond satisfactory to the OWNER, to indemnify the OWNER against any such lien. If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by the issuance of Contract Change Order(s) affecting Final Completion, the OWNER shall, upon application by the Contractor and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as provided in the Contract, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed shall be submitted by the Contractor to the OWNER prior to certification of such payment. Such payment shall be made under the terms and conditions governing Final Payment, except that it shall not constitute a waiver of claims. e. The acceptance of Final Payment final payment shall constitute a release and waiver of all claims by the Contractor CMR except those previously made in writing and identified by the Contractor CMR in writing as unsettled at the time of the Final Application for Payment. Neither Substantial Completion nor Final Completion and Final Payment shall occur until final and complete written approval of the Work, if required, has been obtained from the OWNER's Building Inspector, the OWNER's Fire ▇▇▇▇▇▇▇▇ and any applicable Health Departments. 100-1 GENERAL. When the specifications require a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: a. Adequately provide for the production of acceptable quality materialspayment. b. Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. c. Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, his/her understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed by the Engineer. No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer.

ACCEPTANCE AND FINAL PAYMENT. When As soon as the contract work has been accepted substantially and satisfactorily completed, the Owner’s Representative will make a final inspection of the work. If the work has been substantially and satisfactorily completed, the Owner’s Representative will make a final estimate and statement that the work provided for under this Contract has been completed and that he recommends acceptance, subject to the terms and conditions of the Contract. After acceptance by the Owner, the balance found to be due the Contractor, according to the terms of payment, shall be due payment by the Owner. Acceptance or final payment shall not be construed to be an acceptance of defects. Prior to filing of final estimate, and prior to authorization of final payment, the Contractor shall submit to the Owner an affidavit showing evidence of release from all liens which may have arisen from this Contract, and that all claims or demands of subcontractors, laborers, workmen, mechanics, material-men and furnishes of machinery and parts thereof, equipment, power tools, and all supplies including commissary incurred in the furtherance of the performance of the Contract are satisfied. NO FINAL PAYMENT WILL BE AUTHORIZED UNTIL SUCH AFFIDAVIT HAS BEEN FURNISHED. The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material-men and furnishes of machinery and parts thereof, equipment, power tools, and all supplies including commissary incurred in the furtherance of the performance of this Contract. The Contractor shall furnish satisfactory evidence that all obligations of the nature above designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may either pay unpaid bills of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the Contractor shall be resumed in accordance with the requirements terms of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performedthis Contract. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days In paying any unpaid bills of the Contractor's receipt , the Owner shall be deemed the agent of the Engineer's final estimateContractor. If, after such 30-day period, a dispute still exists, The Owner shall not be liable to the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. Neither the Final Payment nor the remaining retained percentage shall become due until the Contractor submits to the OWNER a. An affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the OWNER or the OWNER's property might in any way be responsible, have been paid or otherwise satisfied. b. Consent of surety, if any, to Final Payment. c. Other data establishing payment satisfaction of all such obligations, such as receipts, releases, and waivers of all liens arising out of the Contract, to the extent and in such form as may be designated by the OWNER. Contractor shall obtain affidavits and consent from subcontractors per paragraphs a. and b. above prior to furnishing same to Owner. If any subcontractor refuses to furnish a release or waiver required by the OWNER, the Contractor may furnish a release or waiver required by the OWNER, and a bond satisfactory to the OWNER, to indemnify the OWNER against any such lien. If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by the issuance of Contract Change Order(s) affecting Final Completion, the OWNER shall, upon application by the Contractor and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as provided in the Contract, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed shall be submitted by the Contractor to the OWNER prior to certification of such payment. Such payment shall be made under the terms and conditions governing Final Payment, except that it shall not constitute a waiver of claims. The acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those previously payments made in writing and identified by the Contractor as unsettled at the time of the Final Application for Payment. Neither Substantial Completion nor Final Completion and Final Payment shall occur until final and complete written approval of the Work, if required, has been obtained from the OWNER's Building Inspector, the OWNER's Fire ▇▇▇▇▇▇▇▇ and any applicable Health Departments. 100-1 GENERAL. When the specifications require a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: a. Adequately provide for the production of acceptable quality materialsgood faith. b. Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. c. Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, his/her understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed work until the Quality Control Program has been reviewed by the Engineer. No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the contract technical specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer.

ACCEPTANCE AND FINAL PAYMENT. Upon receipt of written notice that the work is ready for final inspection and acceptance, the City will promptly make such inspection. When City finds the contract work has been accepted in accordance with acceptable under the requirements terms of the subsection titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer's final estimate or advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor Contract and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor's receipt of the Engineer's final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer's estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer's final estimate, final payment will be processed based on Contract is fully performed the entire sum, or the undisputed sum in case of approval under protest, determined to balance will be due the Contractor less all previous payments and all amounts will be paid to be deducted under the provisions of Contractor within twenty (20) business days. Such final payment to the contract. All prior partial estimates and payments Contractor shall be subject to correction the covenants in the final estimate Contract's Standard Specifications and payment. If any liquidated damages will be assessed against the Contractor has filed a claim for additional compensation under the provisions at that time. Before issuance of the subsection titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsectionfinal payment, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. Neither the Final Payment nor the remaining retained percentage shall become due until the Contractor submits to the OWNER a. An affidavit submit evidence that all payrolls, material bills for materials and equipment, and other indebtedness connected with the Work for which the OWNER or the OWNER's property might in any way be responsible, work have been satisfied and paid or otherwise satisfied. b. in full. Final Release of Liens from all contractors, subcontractors, suppliers for materials and sub-subcontractors are to be attached to the final invoice. In lieu of final release of liens, the Contractor may submit a Consent of suretySurety with the final invoice. All manufacturer’s warranty documents must be provided in the format requested by the City prior to final payment. Invoices for services shall be submitted once a month, if anyby the tenth (10th) day of each month, and payments shall be made within twenty (20) business days unless Contractor has chosen to Final Payment. c. Other data establishing take advantage of the Purchasing Card Program, which guarantees payment satisfaction within several days. Payments shall be made within twenty (20) business days of receipt of Contractor's valid invoice, provided that the invoice is accompanied by adequate supporting documentation, including any necessary partial release of liens as described above, and is approved by the Project Manager as required under Section XV of the Contract. No payment for projects involving improvements to real property shall be due until Contractor delivers to City a complete release of all such obligations, such as receipts, releases, and waivers of all liens claims arising out of the Contract, to the extent and contract or receipts in such form as may be designated by the OWNER. Contractor shall obtain affidavits and consent from subcontractors per paragraphs a. and b. above prior to furnishing same to Owner. If any subcontractor refuses to furnish a release or waiver required by the OWNER, the Contractor may furnish a release or waiver required by the OWNERfull in lieu thereof, and an affidavit on his personal knowledge that the releases and receipts include labor and materials for which a bond satisfactory lien could be filed. All invoices and correspondence relative to this Contract must contain the OWNERCity’s Contract number and Purchase Order number, detail of items with prices that correspond to indemnify the OWNER against any such lien. If, after Substantial Completion of the Work, Final Completion thereof is materially delayed through no fault of the Contractor or by the issuance of Contract Change Order(s) affecting Final Completion, the OWNER shall, upon application by the Contractor and without terminating the Contract, make payment a unique invoice number and partial and final release of the balance due for that portion of the Work fully completed and acceptedliens. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Contract Documents, and if bonds have been furnished as provided in the Contract, the written consent of the surety All invoices are to the payment of the balance due for that portion of the Work fully completed shall be submitted by the Contractor to the OWNER prior to certification of such payment. Such payment shall be made under the terms and conditions governing Final Payment, except that it shall not constitute a waiver of claims. The acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the Final Application for Payment. Neither Substantial Completion nor Final Completion and Final Payment shall occur until final and complete written approval of the Work, if required, has been obtained from the OWNER's Building Inspector, the OWNER's Fire sent to: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ and any applicable Health Departments. 100-1 GENERAL. When the specifications require a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract plans, technical specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified herein and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: a. Adequately provide for the production of acceptable quality materials. b. Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. c. Allow the Contractor as much latitude as possible to develop his or her own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, his/her understanding of the quality control requirementsProject Manager. The Contractor shall not begin be paid additional compensation for any construction loss or production damage, arising out of materials the nature of the work, from the action of the elements, or from any delay or unforeseen obstruction or difficulties encountered in the performance of the work, or for any expenses incurred by or in consequence of the suspension or discontinuance of the work. In the event the City deems it expedient to be incorporated into perform work which has not been done by the completed Contractor as required by these Specifications, or to correct work until the Quality Control Program which has been reviewed improperly and/or inadequately performed by the Engineer. No partial payment Contractor as required in these Specifications, all expenses thus incurred by the City, at the City's option, will be invoiced to the Contractor and/or deducted from payments due to the Contractor. Deductions thus made for materials subject to specific quality control requirements until will not excuse the Quality Control Program has been reviewed. The quality control requirements Contractor from other penalties and conditions contained in the Contract. All payments not made within the time specified by this section and elsewhere in shall bear interest from 30 calendar days after the contract technical specifications are in addition to and separate from due date at the acceptance testing requirements. Acceptance testing requirements are rate of one (1) percent per month on the responsibility of the Engineerunpaid balance.