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  2. Finance Committee - Agenda - 6/7/2017 - P185

Finance Committee - Agenda - 6/7/2017 - P185

By dnadmin on Mon, 11/07/2022 - 10:23
Document Date
Wed, 06/07/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/07/2017 - 00:00
Page Number
185
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__060720…

substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of
Substantial Completion of that part of the Work and the division of responsibility in respect thereof and
access thereto.

2. No occupancy or separate operation of part of the Work may occur prior to compliance with the
requirements of paragraph 5.10 regarding property insurance.

14.06 Final Inspection

A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete,
ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify
CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or
defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or
remedy such deficiencies.

14.07 Final Payment
A. Application for Payment

1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections
identified during the final inspection and has delivered, in accordance with the Contract Documents, all
maintenance and operating instructions, schedules, guarantees, 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 following the procedure for progress

payments.

2. The final Application for Payment shall be accompanied (except as previously delivered) by: (a) all
documentation called for in the Contract Documents, including but not limited to the evidence of insurance
required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (111) complete and
legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens
filed in connection with the Work.

3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER,
CONTRACTOR may fumish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the
releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and
(11) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which
OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If
any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a
Bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien.

B. Review of Application and Acceptance

1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and
ENGINEER's review of the final Application of Payment and accompanying documentation as required by
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 OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of
paragraph 14.09. Otherwise, ENGINEER will retum the Application for Payment to CONTRACTOR,
indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR
shall make the necessary corrections and resubmit the Application for Payment.

GC - 52 of 57

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Finance Committee - Agenda - 6/7/2017 - P185

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