2004-103 - Laserfiche WebLink

Home Browse Search

' performance of the remainder of the Work, may be 14 . 07 Final Payment accomplished prior to Substantial Completion of all the Work subject to the following conditions. A. Application for Payment ' 1 . OWNER at any time may request CON- 1 . After CONTRACTOR has, in the TRACTOR in writing to permit OWNER to use any opinion of ENGINEER, satisfactorily completed all ' such part of the Work which OWNER believes to be corrections identified during the final inspection and ready for its intended use and substantially complete . has delivered, in accordance with the Contract If CONTRACTOR agrees that such part of the Documents, all maintenance and operating ' Work is substantially complete, CONTRACTOR instructions, schedules, guarantees, Bonds, will certify to OWNER and ENGINEER that such certificates or other evidence of insurance part of the Work is substantially complete and certificates of inspection, marked-up record docu- request ENGINEER to issue a certificate of ments (as provided in paragraph 6 . 12), and other ' Substantial Completion for that part of the Work. documents, CONTRACTOR may make application CONTRACTOR at any time may notify OWNER for final payment following the procedure for and ENGINEER in writing that CONTRACTOR progress payments . considers any such part of the Work ready for its ' intended use and substantially complete and request 2 . The final Application for Payment shall ENGINEER to issue a certificate of Substantial be accompanied (except as previously delivered) by: Completion for that part of the Work. Within a (i) all documentation called for in the Contract reasonable time after either such request, OWNER, Documents, including but not limited to the CONTRACTOR, and ENGINEER shall make an evidence of insurance required by subparagraph inspection of that part of the Work to determine its 5 . 04 .B . 7 ; (ii) consent of the surety, if any, to final ' status of completion. If ENGINEER does not payment; and (iii) complete and legally effective consider that part of the Work to be substantially releases or waivers (satisfactory to OWNER) of all complete, ENGINEER will notify OWNER and Lien rights arising out of or Liens filed in connection CONTRACTOR in writing giving the reasons there- with the Work. ' for. If ENGINEER considers that part of the Work to be substantially complete, the provisions of para- 3 . In lieu of the releases or waivers of Liens graph 14 .04 will apply with respect to certification specified in paragraph 14.07 .A.2 and as approved by ' of Substantial Completion of that part of the Work OWNER, CONTRACTOR may furnish receipts or and the division of responsibility in respect thereof releases in full and an affidavit of CONTRACTOR and access thereto. that: (i) the releases and receipts include all labor, ' services, material, and equipment for which a Lien 2 . No occupancy or separate operation of could be filed; and (ii) all payrolls, material and part of the Work may occur prior to compliance with equipment bills, and other indebtedness connected the requirements of paragraph 5 . 10 regarding with the Work for which OWNER or OWNER's ' property insurance. property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or 14 . 06 Final Inspection Supplier fails to furnish such a release or receipt in ' full, CONTRACTOR may furnish a Bond or other A. Upon written notice from CONTRACTOR that collateral satisfactory to OWNER to indemnify the entire Work or an agreed portion thereof is complete, OWNER against any Lien. ENGINEER will promptly make a final inspection with ' OWNER and CONTRACTOR and will notify CON- B . Review of Application and Acceptance TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. 1 . If, on the basis of ENGINEER' s observa- ' CONTRACTOR shall immediately take such measures as tion of the Work during construction and final are necessary to complete such Work or remedy such inspection, and ENGINEER' s review of the final deficiencies . Application for Payment and accompanying docu- mentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR' s other obligations under the Contract Documents have been fulfilled, ' ENGINEER will, within ten days after receipt of the 00700 - 42