Interim Punchlist Completion

6.3Final Completion

6.3.1Final Completion. Final Completion is the completion of all Work, including completion of all Permitted Incomplete Work and the Seasonal Test and Balance. When all Work has been completed and inspected, and the Report of the Seasonal Test and Balance has been submitted, Design Professional shall issue the Certificate of Final Completion.

6.3.1.1Seasonal Test and Balancing of HVAC Systems. In order to reach Final Completion, Construction Professional shall provide two (2) additional Test and Balance Reports after the Material Completion Date, as provided in Section 6.1.1.3. One (1) report shall be prepared on or about the peak cooling season and the other on or about the peak heating season. These two (2) reports are required in addition to the Initial Test and Balance Report submitted at Material Completion and prior to occupancy.

6.3.1.2Inspection of All Permitted Incomplete Work. In order to achieve Final Completion, all Permitted Incomplete Work must be completed and inspected for Final Completion. If Permitted Incomplete Work remains after the Interim Inspection for Punchlist Completion, Construction Professional shall request inspection for Final Completion when all Work is complete. Design Professional shall confirm completion of all Permitted Incomplete Work.

6.3.2Payment for Final Completion. Upon Final Completion, Construction Professional shall submit a Payment Application. Construction Professional shall certify, by its signature on the Payment Application, that the Work has been completed as provided for by the Contract Documents. Construction Professional shall submit a Payment Affidavit and Consent of Surety along with the Payment Application when requesting payment for Final Completion.

6.3.3Effect of Payment for Final Completion and Release of Claims. Acceptance of Payment for Final Completion by Construction Professional shall operate as settlement, waiver, release, discharge and payment in full of all claims against Owner of any nature arising out of the Project.

6.3.4Effect of Failure to Achieve Final Completion. If Final Completion is not achieved within one year of Material Completion, Owner may issue to Construction Professional a Notice as a final warning to complete the Work. If Final Completion is not achieved by the end of the fourteenth (14^th) day from the date of the Notice, the following matters are conclusively determined:

6.3.4.1Breach of Covenant of Time. As time is of the essence in the completion of the Work, Construction Professional is in breach of the covenant of time and is subject to termination. Owner may pursue all remedies available for Construction Professional’s failure to timely complete the Work.

6.3.4.2Ineligibility to Bid or Propose on State Contracts. If Construction Professional fails to achieve Final Completion within one year of the Material Completion Date, Construction Professional is ineligible to bid or propose on any contract with the Georgia State Financing and Investment Commission, the Board of Regents of the University System of Georgia, or any unit of the University System of Georgia. In the event a bid has been submitted but the bid award has not been made, Construction Professional’s ineligibility requires that its bid be rejected.

6.3.4.2.1Automatic Restoration of Eligibility to Bid. Construction Professional’s eligibility to bid upon state contracts shall be restored automatically as of the date of achievement of Final Completion as evidenced by Design Professional’s Certificate of Final Completion.

6.3.4.2.2Application to Reinstate Eligibility to Bid. Construction Professional’s eligibility to contract with the State may be reinstated upon Construction Professional’s written application to Owner requesting reinstatement of eligibility and showing of just cause why Construction Professional’s eligibility should be reinstated, or that there is good and just cause to excuse Construction Professional’s failure to achieve Final Completion.

6.3.5Effect of Achieving Final Completion. A determination that Construction Professional has achieved Final Completion, the issuance of a Certificate of Final Completion, or Owner’s Payment for Final Completion shall not preclude or diminish Owner’s rights or remedies for Non-Compliant Work discovered after such events. All such rights and remedies set forth herein shall continue after such events.

GSFIC FORMS PACKET

1. Construction Professional shall be required to use Owner’s free Project Management Program, e-Builder, for contract administration processes, including but not limited to Completion of certain forms, Requests for Information, Change Orders, Payment Applications, Notices of Non-Compliance, Incumbrance Records, and submission of warranties and other Final Documents. Construction Professional shall attend a training session at Owner’s office, or other mutually agreeable location, within thirty days of the execution of this Contract. Construction Professional shall contact the Owner’s Project Manager within fourteen days of the execution of this contract to schedule the training session. Failure to timely attend the training session may result in delays to the Project.

2. Rock: Bidders are to include in the Bid the cost of excavating 0 cubic yards of   rock. Payment will be made for all   rock in excess of 0 cubic yards at the net unit price of $0.00 per cubic yard, which includes all overhead and profit. In the event it is necessary to excavate less than 0 cubic yards of  rock, the Owner will take a credit of $0.00 per cubic yard. The unit price of $0.00 per cubic yard shall include the excavation, haul off, and disposal of all   rock, as indicated in the Contract Documents, and replacement with earth as required by  of the specifications and compacted as required by  of the specifications. The Design Professional shall be responsible for calculating the amount of all   rock removed. Measurement of   rock shall be calculated on the basis of in-place compacted material and not expanded hauled material. The Contractor agrees to be bound by the Design Professional’s determination of the quantity of all rock removed.