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PORT OF EVERETT °ECTION 00700 <br /> I'_'" STREET�1.4RI�1A—VOLL'IvIE 1: �I.4RII�'E\1'ORK G�NERAL CONDITIONS <br /> which d�is inspcction reveals that the Work is incomplete or defective. CONTR.4CTOR shall imme iiately <br /> take such measures as are n�r.essary to remedy such deficievcies. <br /> 12.9 Pinal Application (or 1`ayment <br /> .4fier COMRACTOR has completed all such corrections to thc satisfaction of ENGIi�'EER and dclicered <br /> all maintenance and operatine insirucuons, schedules,guaranrees.Bonus,cettificates of u�spection, <br /> marked-up record documents and other documems--all as required by[he Convact Documents,and afur <br /> ENGINEL-F has indicated that the R'ork is acceptable (subject to the pro��isiens of paragraph 12.9), <br /> CONTFL4CTOI2 may maF:e application For final pay�uent following[he procedure for pregress payments. <br /> Tlie final Application for Pavment shall be accompanied by all documentation called Cor in the Contract <br /> Documenis and such other data and sched�les as L-NGINEER ma}'reasonably require, together«id� <br /> completc and le�ally effective releases or waivers(satisfactory[o PORT)of all Liens arisine out of or filed <br /> in connection with the�Vork. In lieu thereof and as approved by PORT,CONTRACTOR may fumislt <br /> receipts or releases in full; an affida��it of CONT24CTOR that the releases and receipts include all labor, <br /> services,malerial and equipment for which a Lien could be filed,and that all pa}�olls,material and <br /> equipment bills, and other indebeedness connected with die\�brk for wl�ich PORT or its property mieht in <br /> any way be responsible,Imve bcen paid or othen��ise satisfied;and consent of the Surety,if any,to final <br /> pamunt. If any Subcontractor,manuCacmrer, fabricator,supplier or distributor fails to fumish a refca,ce or <br /> receipt in full,CONTRAC7'OR may Curnish a Bond or other collareral satisfactory to PORT to indzmnity <br /> P02T against any Lien. <br /> 12.]U rina!Payment and Acccptancc <br /> 12.10.1 If,on the basis of ENGINL-[I2's observation of the Work during constmction and final insprction, <br /> and ENGINEER's revie�r of the final:�pplication for Payment and accompanying documentatio:i <br /> --all as required by the Contract Documents, ENGINL[R is satisfed titat the work has been <br /> coi»pleted and CONTR4CTOR has fulfilicd�ll of its obli�a[ions «itlt regard to construction of <br /> the Project under the Contract Documen�s, ENGINLER«�ill,�citliin ter.days afrer receipt of the <br /> fnal Application for P:,yment, indicatc in writing his/her recortunendations of payment and present <br /> the:lpplication to PORT for payment.Thereupon ENGINEL-R�cill eive u7itten notice to PORT <br /> and CONTR4C7'OR that d�e Vrork is accep[able subjcct to the provisions of paragraph 12.9. <br /> Odicnvise,ENGINEER will retum the Application to C01�'TR4CTOR,iodicating in��Titiug the <br /> reasons For refusing to recortunend final payment, in�4hich case COA'TI2ACTOR shall make die <br /> necessary corrections and resubmit thz Application. If thz.4oplication and accumpanying <br /> documentation are appropriate as to fomi and substance,PORT shall,«itliin twenty(20)days after <br /> rzceipt thereof pay CONTRACTOR the amount recommended by EA'GII�'EER. <br /> 13.10.'_ If,through no fault of CON"TRAC'CJR, final complction of the\Vork is sieni5candy d^_la}'ed <br /> thereof and if ENGINEER so confimis,PORT shall,upun recript of CONTR�.CTORa final <br /> Application for Pa}ment and recumtnendation of ENG�NEER, and nitliout tzrminating the <br /> Agreement,make payment of ihe balance due tor tbat ponion of th;�\'ork fully completed and <br /> accepted. If the revmining balance to be held by FORT for\�'ork not fully completed or corrected <br /> is less than dte retainaee stipulated in the Agreem__�[,and if Bonds have been fumished as required <br /> in par�eraphs 5.1_ and �.�,the��ritten consent ef the Suren•to the pa}rtnent of the balance due for <br /> that pottion of die Work fufly complered arid aceEoted shall be submitted by CONTR4CTOR to <br /> ENGINEER wid� the Application for s�ch pay^nen!. Such payment chall be made under the terms <br /> and conditions governine fina]pa}ment, except tl�at it;hall not constitu[e a�caicer of claims. <br /> 12.11 CO\TR\CTOR's Con[inuing Obligatiun � <br /> CONTRACTOR's obli�ation to perfonn and complete the\Vork in accordance with the Contract <br /> llocumznts shatl bz absolute. Neither recommendation of any progrzss or!inal pa}2nent by ENG[NEER, <br /> nor the issuance oCa Certificate of Substuntia]Completion, nor any pa}vnent by PORT to COVTR4CTOR <br /> 00"00-�8 - <br />