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<br />e <br /> <br />e <br /> <br />~, <br /> <br />e <br /> <br />GC-29 <br /> <br />GC-30 <br /> <br />FINAL PAYMENT AND ACCEPTANCE. <br /> <br /> <br />29.01 GENERAL. Upon completion and acceptance of the WORK, the ENGINEER shall <br />issue a certificate attached to the final payment request that the WORK has been <br />accepted by him under the conditions of the CONTRACT DOCUMENTS. The entire <br />balance found to be due the CONTRACTOR, including the retained percentages, but <br />except such sums as may be lawfully retained by the OWNER, shall be paid to the <br />CONTRACTOR within forty-five (45) days of completion and acceptance of the <br />WORK. <br /> <br />The CONTRACTOR will indemnify and save the OWNER or the OWNER's agents <br />harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, <br />laborers, workmen, mechanics, material men, and furnishers of machinery and parts <br />thereof, equipment, tools, and all supplies, incurred in the furtherance of the <br />performance of the WORK. The CONTRACTOR shall, at the OWNER's request, <br />furnish satisfactory evidence that all obligations of the nature designated above have <br />been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER <br />may, after having notified the CONTRACTOR, either pay unpaid bills or withhold <br />from the CONTRACTOR's unpaid compensation a sum of money deemed reasonable <br />sufficient to pay any and all such lawful claims until satisfactory evidence is furnished <br />that all liabilities have been fully discharged whereupon all payment to the <br />CONTRACTOR shall be resumed, in accordance with the terms of the CONTRACT <br />DOCUMENTS, but in no event shall the provisions of this sentence be construed to <br />impose any obligations upon the OWNER to either the CONTRACTOR, his Surety, <br />or any third party. In paying any unpaid bills of the CONTRACTOR, any payment <br />so made by the OWNER shall be considered as a payment made under the <br />CONTRACT DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER <br />shall not be liable to the CONTRACTOR for any such payments made in good faith. <br /> <br />If the OWNER fails to make payment forty-five (45) days after approval by the <br />ENGINEER, in addition to other remedies available to the CONTRACTOR, there <br />shall be added to each such payment the interest at the maximum legal rate <br />commencing on the first day after said payment is due and continuing until the <br />payment is received by the CONTRACTOR. <br /> <br />29.02 ACCEPTANCE OF FINAL PAYMENT AS RELEASE. The acceptance by the <br />CONTRACTOR of final payment shall be and shall operate as a release to the <br />OWNER of all claims and all liability to the CONTRACTOR other than claims in <br />stated amounts as may be specifically expected by the CONTRACTOR for all things <br />done or furnished in connection with this WORK and for every act arid neglect of the <br />OWNER and others relating to or arising out of this WORK. Any payment, however, <br />final or otherwise, shall not release the CONTRACTOR or his sureties from any <br />obligations under the CONTRACT DOCUMENTS or the Performance BOND and <br />Payment BONDS. <br /> <br />INSURANCE. <br /> <br />30.0l <br /> <br />GENERAL. The CONTRACTOR shall not commence or continue to perform any <br />work unless he, at his own expense, has in full force and affect all required insurance. <br />The CONTRACTOR shall not permit any SUBCONTRACTOR to perform work on <br />this project unless the Worker's Compensation Insurance reqnirements have been <br />complied with by such SUBCONTRACTOR. <br /> <br />The types of insurance the CONTRACTOR shall obtain and maintain are Worker's <br />Compensation Insurance, Liability Insurance, Builders' Risk "AlI Risk" Insurance. <br /> <br />III-22 <br />(1723 - 10/93) <br /> <br />