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14 . 06 Final Inspection B . Review of Application and Acceptance A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is 1 . If, on the basis of ENGINEER' s complete , ENGINEER will promptly make a final observation of the Work during construction inspection with OWNER and CONTRACTOR and will and final inspection , and ENGINEER Is review notify CONTRACTOR in writing of all particulars in of the final Application for Payment and which this inspection reveals that the Work is accompanying documentation as required by incomplete or defective . CONTRACTOR shall the Contract Documents , ENGINEER is immediately take such measures as are necessary to satisfied that the Work has been completed complete such Work or remedy such deficiencies . and CONTRACTOR's other obligations under the Contract Documents have been fulfilled , 14 . 07 Final Payment ENGINEER will , within ten days after receipt of the final Application for Payment, indicate in A . Application for Payment writing ENGINEER' s recommendation of payment and present the Application for 1 . After CONTRACTOR has , in the Payment to OWNER for payment . . At the same opinion of ENGINEER , satisfactorily completed time ENGINEER will also give written notice to all corrections identified during the final OWNER and CONTRACTOR that the Work is inspection and has delivered , in accordance acceptable subject to the provisions of with the Contract Documents , all maintenance paragraph 14 . 09 , Otherwise , ENGINEER will and operating instructions , schedules , guaran - return the Application for Payment to tees , Bonds , certificates or other evidence of CONTRACTOR , indicating in writing the insurance certificates of inspection , marked -up reasons for refusing to recommend final record documents ( as provided in paragraph payment , in which case CONTRACTOR shall 6 . 12 ) , and other documents , CONTRACTOR make the necessary corrections and resubmit may make application for final payment follow- the Application for Payment . ing the procedure for progress payments . C . Payment Becomes Due 2 . The final Application for Payment shall be accompanied ( except as previously 1 . Thirty days after the presentation to delivered ) by: ( i ) all documentation called for in OWNER of the Application for Payment and the Contract Documents , including but not accompanying documentation , the amount limited to the evidence of insurance required by recommended by ENGINEER will become due subparagraph 5 . 04 . 8 . 7 ; ( ii ) consent of the and , when due , will be paid by OWNER to surety, if any, to final payment; and ( iii ) CONTRACTOR . complete and legally effective releases or waivers ( satisfactory to OWNER) of all Lien 14 . 08 Final Completion Delayed rights arising out of or Liens filed in connection with the Work . A. If, through no fault of CONTRACTOR , final completion of the Work is significantly delayed , and if 3 . In lieu of the releases or waivers of ENGINEER so confirms , OWNER shall , upon receipt Liens specified in paragraph 14A7 . A . 2 and as of CONTRACTOR' s final Application for Payment and approved by OWNER, CONTRACTOR may recommendation of ENGINEER , and without terminat- furnish receipts or releases in full and an ing the Agreement , make payment of the balance due affidavit of CONTRACTOR that : ( i ) the releases for that portion of the Work fully completed and and receipts include all labor , services , accepted . If the remaining balance to be held by material , and equipment for which a Lien could OWNER for Work not fully completed or corrected is be filed ; and ( ii ) all payrolls , material and less than the retainage stipulated in the Agreement, equipment bills , and other indebtedness and if Bonds have been furnished as required in connected with the Work for which OWNER or paragraph 5 . 01 , the written consent of the surety to OWNER's property might in any way be the payment of the balance due for that portion of the responsible have been paid or otherwise satis- Work fully completed and accepted shall be submitted fied . If any Subcontractor or Supplier fails to by CONTRACTOR to ENGINEER with the Application furnish such a release or receipt in full , CON- for such payment . Such payment shall be made TRACTOR may furnish a Bond or other under the terms and conditions governing final collateral satisfactory to OWNER to indemnify payment , except that it shall not constitute a waiver of OWNER against any Lien . Claims . 00700 - General Conditions REV 04-07 .doc 00700 - 42 FAEngineering\Special Projects\Eagle Trace Phase 2\Contract Documents\Eagle Trace Subdivision Phase 11\00700 General Conditions REV 04-07.doc