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inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment follow- ing the procedure for progress payments. C 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.6.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or 14.08 waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection A. with the Work. comple ENGIN 3. In lieu of the releases or waivers of of CO Liens specified in paragraph 14.07.A.2 and as recomr approved by OWNER, CONTRACTOR may ing the fumish receipts or releases in full and an for tha affidavit of CONTRACTOR that: (i) the releases accept and receipts include all labor, services, OWNS material, and equipment for which a Lien could less th be filed; and (ii) all payrolls, material and and if equipment bills, and other indebtedness paragr connected with the Work for which OWNER or the pa OWNER's property might in any way be Work fi responsible have been paid or otherwise satis- by COP fied. If any Subcontractor or Supplier fails to for sue fumish such a release or receipt in full, CON- under TRACTOR may furnish a Bond or other payme collateral satisfactory to OWNER to indemnify Claims. OWNER against any Lien. 14.09 B. Review of Application and Acceptance A. 1. If, on the basis of ENGINEER's will con observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by f 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 final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to p OWNER and CONTRACTOR that the Work is u acceptable subject to the provisions of 00700 - 41 F:\Public Works'ENGINEERING DIVISION PROJECTS11314-107th Ave Milling90th St to 94th St1Adminlbid docu 13.doc paragraph 14.09. Otherwise, ENGINEER return the Application for Payment CONTRACTOR, indicating in reasons for refusing to recommend payment, in which case CONTRACTOR make the necessary corrections and the Application for Payment. Payment Becomes Due 1. Thirty days the against appearing paragraph Contract guarantees CONTRACTOR's the TOR wil tc writing the fina shal resubmit to and amount due OWNER to final and if receipt and terminat- due and be held by is in surety to of the submitted Application be made final a waiver of payment OWNER arising Work to with the special or from under those are still 5-10-13.doc REV 5-10- after presentation OWNER of the Application for Payment accompanying documentation, the recommended by ENGINEER will become and, when due, be will paid by CONTRACTOR. Final Completion Delayed If, through no fault of CONTRACTOR, :tion of the Work is significantly delayed, IEER so confirms, OWNER shall, upon JTRACTOR's final Application for Payment nendation of ENGINEER, and without Agreement, make payment of the balance it portion of the Work fully completed ad. If the remaining balance to R for Work not fully completed or corrected an the retainage stipulated in the Agreement, Bonds have been furnished as required aph 5.01, the written consent of the anent of the balance due for that portion illy completed and accepted shall be JTRACTOR to ENGINEER with the :h payment. Such payment shall the terms and conditions goveming it, except that it shall not constitute Waiver of Claims The making and acceptance of final stitute: 1. a waiver of all Claims by CONTRACTOR, except Claims rom unsettled Liens, from defective after final inspection pursuant 14.06, from failure to comply Documents or the terms of any specified therein, continuing obligations Contract Documents; and 2. a waiver of all Claims by CONTRAC- against OWNER other than reviously made in writing which nsettled. 00700 - General Conditions REV ments\Master Contract Documents100700 - General Conditions