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9.10 FINAL. APPLICATION FOR PAYMENT
<br />After Contractor has completed all items to be completed or corrected to the --
<br />satisfaction of Engineer and delivered all maintenance and operating instruc-
<br />tions, schedules, guarantees, bonds, certificates of inspection, marked -up
<br />record documents and other documents -- all as required by the Contract Docu-
<br />ments, and after Engineer has indicated that the Work is acceptable (subject
<br />to the provisions of Section 9.12), Contractor may make Application for Final
<br />Payment following the procedure for progress payments. The Final Application
<br />fnr Payment shall be accompanied by all documentation called for in the Con- ..
<br />tract Documents and such other data and schedules as Engineer may reasonably
<br />require, together with complete and legally effective releases or waivers
<br />(satisfactory to Owner) of all Liens arising out of or filed in connection
<br />with the Work. In lieu thereof and as approved by Owner, Contractor may fur-
<br />nish receipts or releases in full; an affidavit of Contractor that the re-
<br />leases and receipts include all labor, services, material and equipment for
<br />which a Lien could be filed; a representation that all payrolls, material and
<br />equipment bills, and other indebtedness connected with the Work for which
<br />Owner or his property might in any way be responsible, hb,re been paid or
<br />otherwise satisfied; and, consent of the Surety, if any, to final payment. If
<br />any Subcontractor, manufacturer, fabricator, supplier or distributor fails to
<br />furnish a release or receipt in full, Contractor shall furnish a Bond or other
<br />collateral satisfactory to Owner to indemnify Owner against any Lien.
<br />9.11 FINAL PAYMENT AND ACCEPTANCE,
<br />9.11,1 If, on the basis of Engineer's observation of the Work during construc-
<br />tion and final inspection, and Engineer's review of the Final Application for
<br />Payment and accompanying documentation, all as required by the Co- Docu-
<br />ments, Engineer is satisfied that the Work has been completed and tractor
<br />has fulfilled all of his obligations under the Contract Documents,-.1gineer
<br />will, within ten days after receipt of the Final Application for Payment, indi-
<br />cate in writing his recommendation of payment an:i present the application to
<br />Owner for payment. Thereupon Engineer will give written notice to Owner and
<br />Contractor that the Work is acceptable subject to all applicable provisions of ,
<br />the Coy.tract Documents. Otherwise, Engineer will return the Application to
<br />Contractor, indicating in writing the seasons for refusing to recommend final
<br />Pa etit, in which case Contractor shall make the necessary corrections and re-
<br />submit the Application.
<br />9.11.2. If the Application and accompanying documentation are appropriate as to
<br />form and substance, Owner shall, within thirty days after receipt thereof pay
<br />Contractor the amount recommended by Engineer. If, through no fault of Con-
<br />tractor, final completion of the Work is significantly delayed thereof and if
<br />Engineer so confirms, owner shall, upon receipt of Contractor's: Final Applica-
<br />tion for Pavment and recommendation of F.tigineer, and without terminating the
<br />Agreement, make payment of the balance due for that portion of the Work fully J
<br />completed and acceptod,
<br />1/AS N%O7h
<br />Copyright 1985
<br />Ronesttoo, Rngene+, Anderl ik '
<br />h As.,ociates, Inc.
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