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compliance with the requirements of paragraph <br />5.10 regarding property insurance. <br />14.06 Final Inspection <br />A. Upon written notice from CONTRACTOR that <br />the entire Work or an agreed portion thereof is <br />complete, ENGINEER will promptly make a final <br />inspection with OWNER and CONTRACTOR and will <br />notify CONTRACTOR in writing of all particulars in <br />which this inspection reveals that the Work is <br />incomplete or defective. CONTRACTOR shall <br />immediately take such measures as are necessary to <br />complete such Work or remedy such deficiencies. <br />14.07 Final Payment <br />A. Application for Payment <br />1. After CONTRACTOR has, in the <br />opinion of ENGINEER, satisfactorily completed <br />all corrections identified during the final <br />inspection and has delivered, in accordance <br />with the Contract Documents, all maintenance <br />and operating instructions, schedules, guaran- <br />tees, Bonds, certificates or other evidence of <br />insurance certificates of inspection, marked -up <br />record documents (as provided in paragraph <br />6.12), and other documents, CONTRACTOR <br />may make application for final payment follow- <br />ing the procedure for progress payments. <br />2. The final Application for Payment <br />shall be accompanied (except as previously <br />delivered) by: (i) all documentation called for in <br />the Contract Documents, including but not <br />limited to the evidence of insurance required by <br />subparagraph 5.04.B.7; (ii) consent of the <br />surety, if any, to final payment; and (iii) <br />complete and legally effective releases or <br />waivers (satisfactory to OWNER) of all Lien <br />rights arising out of or Liens filed in connection <br />with the Work. <br />3. In lieu of the releases or waivers of <br />Liens specified in paragraph 14.07.A.2 and as <br />approved by OWNER, CONTRACTOR may <br />furnish receipts or releases in full and an <br />affidavit of CONTRACTOR that: (i) the releases <br />and receipts include all labor, services, <br />material, and equipment for which a Lien could <br />be filed; and (ii) all payrolls, material and <br />equipment bills, and other indebtedness <br />connected with the Work for which OWNER or <br />OWNER's property might in any way be <br />responsible have been paid or otherwise satis- <br />fied. If any Subcontractor or Supplier fails to <br />furnish such a release or receipt in full, CON- <br />TRACTOR may furnish a Bond or other <br />collateral satisfactory to OWNER to indemnify <br />OWNER against any Lien. <br />B. Review of Application and Acceptance <br />1. If, on the basis of ENGINEER's <br />observation of the Work during construction <br />and final inspection, and ENGINEER's review <br />of the final Application for Payment and <br />accompanying documentation as required by <br />the Contract Documents, ENGINEER is <br />satisfied that the Work has been completed <br />and CONTRACTOR's other obligations under <br />the Contract Documents have been fulfilled, <br />ENGINEER will, within ten days after receipt of <br />the final Application for Payment, indicate in <br />writing ENGINEER's recommendation of <br />payment and present the Application for <br />Payment to OWNER for payment. At the same <br />time ENGINEER will also give written notice to <br />OWNER and CONTRACTOR that the Work is <br />acceptable subject to the provisions of <br />paragraph 14.09. Otherwise, ENGINEER will <br />return the Application for Payment to <br />CONTRACTOR, indicating in writing the <br />reasons for refusing to recommend final <br />payment, in which case CONTRACTOR shall <br />make the necessary corrections and resubmit <br />the Application for Payment. <br />C. Payment Becomes Due <br />14.08 Final Completion Delayed <br />A. If, through no fault of CONTRACTOR, final <br />completion of the Work is significantly delayed, and if <br />ENGINEER so confirms, OWNER shall, upon receipt <br />of CONTRACTOR's final Application for Payment and <br />recommendation of ENGINEER, and without terminat- <br />ing the Agreement, make payment of the balance due <br />for that portion of the Work fully completed and <br />accepted. If the remaining balance to be held by <br />OWNER for Work not fully completed or corrected is <br />less than the retainage stipulated in the Agreement, <br />and if Bonds have been furnished as required in <br />paragraph 5.01, the written consent of the surety to <br />the payment of the balance due for that portion of the <br />Work fully completed and accepted shall be submitted <br />00700 - General Conditions REV 5-10-13.doc <br />00700-42 <br />F1Public Works\ENGINEERING DIVISION PROJECTS\1137-Old Dixie Hwy Resurfacing 53rd St to 71 st St\Admim\bid documents\Contract Documents\00700 - General Conditions REV 5- <br />10-13.doc <br />