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14 . 07 Final Payment writing ENGINEER's recommendation of payment and present the Application for A. Application for Payment Payment to OWNER for payment. At the same time ENGINEER will also give written notice to 1 . After CONTRACTOR has, in the OWNER and CONTRACTOR that the Work is opinion of ENGINEER, satisfactorily completed acceptable subject to the provisions of all corrections identified during the final paragraph 14. 09. Otherwise, ENGINEER will inspection and has delivered, in accordance return the Application for Payment to with the Contract Documents, all maintenance CONTRACTOR, indicating in writing the and operating instructions, schedules , guaran- reasons for refusing to recommend final tees, Bonds, certificates or other evidence of payment, in which case CONTRACTOR shall insurance certificates of inspection , marked-up make the necessary corrections and resubmit record documents (as provided in paragraph the Application for Payment. 6. 12), and other documents, CONTRACTOR may make application for final payment follow- C. Payment Becomes Due Ing the procedure for progress payments. 2. The final Application for Payment QWNF=R of the AppliGafieln f49F Payment and shall be accompanied (except as previously , the aarAGURt. delivered) by: (i) all documentation called for in reGemmended by ENGINEER will b8GOFAe due the Contract Documents, including but not , well be paid by QWN9R to limited to the evidence of insurance required by GONTRACTAR subparagraph 5. 04. 6. 7; (ii) consent of the surety, if any, to final payment; and (iii) 14. 08 Final Completion Delayed complete and legally effective releases or waivers '(satisfactory to OWNER) of all Lien A. If, through no fault of CONTRACTOR, final rights arising out of or Liens filed in connection completion of the Work is significantly delayed , and if with the Work. ENGINEER so confirms, OWNER shall , upon receipt of CONTRACTOR's final Application for Payment and 3. In lieu of the releases or waivers of recommendation of ENGINEER, and without terminat- Liens specified in paragraph 14 . 07.A.2 and as ing the Agreement, make payment of the balance due approved by OWNER, CONTRACTOR may for that portion of the Work fully completed and fumish receipts or releases in full and an accepted . If the remaining balance to be held by affidavit of CONTRACTOR that: (i) the releases OWNER for Work not fully completed or corrected is and receipts include all labor, services, less than the retainage stipulated in the Agreement, material, and equipment for which a Lien could and if Bonds have been furnished as required in be filed ; and (ii) all payrolls, material and paragraph 5. 01 , the written consent of the surety to equipment bills, and other indebtedness the payment of the balance due for that portion of the connected with the Work for which OWNER or Work fully completed and accepted shall be submitted OWNER's property might in any way be by CONTRACTOR to ENGINEER with the Application responsible have been paid or otherwise satis- for such payment. Such payment shall be made fled. If any Subcontractor or Supplier fails to under the terms and conditions governing final fumish such a release or receipt in full , CON- payment, except that it shall not constitute a waiver of TRACTOR may fumish a Bond or other Claims* collateral satisfactory to OWNER to indemnify OWNER against any Lien . 14 . 09 Waiver of Claims B . Review of Application and Acceptance A. The making and acceptance of final payment will constitute: 1 . If, on the basis of ENGINEER's observation of the Work during construction 1 . a waiver of all Claims by OWNER and final inspection , and ENGINEER's review against CONTRACTOR, except Claims arising of the final Application for Payment and from unsettled Liens, from defective Work accompanying documentation as required by appearing after final inspection pursuant to the Contract Documents, ENGINEER is paragraph 14. 06, from failure to comply with the satisfied that the Work has been completed Contract Documents or the terms of any special and CONTRACTOR's other obligations under guarantees specified therein , or from the Contract Documents have been fulfilled , CONTRACTOR's continuing obligations under ENGINEER will, within ten days after receipt of the Contract Documents; and the final Application for Payment, indicate in 00700 - General Conditions REV 04=07.doc 00700 - 40 I'APublic WorkslENGINEERING DIVISION PROJECTS10545=66Th Ave SR60 to 57th St (Arcadis)Wdmim\Bid Documentst00700 - General Conditions REV 0407.doo