Project will be Finally Accepted when the 106 Memo, Buy America Certification, Materials Certification and DBE Signoff, and any other documentation as requested in the Physical Work Complete letter are received from the Contractor. The Con tractor shall deliver the Closeout documentation as requested in the Physical Work Comple te letter to the Department within 30 Days of the date of the notification that the Physical Work is Complete. Liquidated Damages will cease to accrue upon the Com pletion of Physical Work. For a related provision, see Section 101.2 - Definition of Closeout Documentation. 107.9.5 Final Acceptance Within 75 Days of Final Acceptance b y the Department, the Department will advise the Contractor in writing of the Final Quantities and any damages to be assessed for the Project. The Contractor shall r esolve any Project issues that remain and provide the All Bills Paid and Request for Final Payment Letters to the Department within 30 Days. The Department will make Final Paym ent, including the release of all remaining retainage, and release any escrowed bi d documents within 20 Days of receipt of the above letters, whi ch complete the Closeout Do cumentation. For a related provision, see Section 108.8 - Final Quantity Voucher. If the Contractor fails to resolve issues and deliver Closeout Documentation within the 30 Days provided in Section 107.9.5, the Department may pro vide a final notice informing the Contractor in writi ng that unless the Contractor Delivers all Closeout Documentation within 30 Days of the date of Receipt of final no tice, the Contractor shall be in Default under the Contract. The Contractor shall become ine ligible to Bid on any Department Contracts. The Department may then pursue all remed ies provided by the Contract or by law, including wit hholding Final Payment. For a related provision, see 107.9.6 No Waiver of Legal Rights Final Acceptance does not p reclude the Department from correcting any measure, estimate, or certificat e made. The Department may recover from the Contractor or its Surety, or both, overpayments made due to failure to fulfill Contract obligations. A waiver on the part of the Department of any breach of any pa rt of the Contract is not a waiver of any other or subsequent breach. The Contractor retains liabilit y for latent Defects, fraud (or such gross mistakes as may amount to fraud), and warranty obligations.
Scope of Section This Section contains general provisions related to payment, including measurement of quantities, progress payment, retainag e, the right to withhold payment, and other payment-related terms.