FLOOD01287

• County: Arapahoe
• Community: Littleton
• Title: 10,000 Trees - Phase Three South Platte Park, Littleton, Colorado
• Date: 10/4/1991
• Prepared For: Littleton
• Prepared By: DHM, Inc.
• Floodplain - Doc Type: Educational/Technical/Reference Information

I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I

14.08

14.09

FINAL APPLICATION FOR PAYMENT

A.

After Contractor has completed all such corrections to the satisfaction
of Architect and delivered all maintenance and operating instructions"
schedules, guarantees, Bonds, certificates of inspection, marked-up
record documents and other documents--all as required by the Contract
Documents, and after engineer has indicated that the Work is accept-
able (subject to the provisions of paragraph 14.11.A), Contractor
may make application for final payment following the procedure for
progress payments. The final Application for Payment shall be accom-
panied by all documentation called for in the Contract Documents and
such other data and schedules as Architect may reasonably require,
together with complete and legally effective releases or waivers
(satisfactory to Owner) of all Claims arising out of our filed in
connection with the Work. In lieu thereof and as approved by Owner,
Contractor may furnish receipts or releases in full; an affidavit
of Contractor that the releases and receipts include all labor,
services, material and equipment for which a Claim could be filed,
and that all payrolls, material and equipment bills, and other in-
debtedness connected with the Work for which Owner or his property
might in any way be responsible, have been paid or otherwise satisfied;
and consent of the Surety, if any, to final payment. If any SUbcon-
tractor, manufacturer, fabricator, supplier or distributor fails
to furnish a release or receipt in full, Contractor may furnish a bond
or other collateral satisfactory to Owner to indemnify Owner against
Claim.

FINAL PAYMENT AND ACCEPTANCE

A.

If, on the basis of Architect's observation of the Work during con-
struction and final inspection, and Architect's review of the final
Application for Payment and accompanying documentation--all as re-
quired by the Contract Documents, Architect is satisfied that the Work
has been completed and Contractor has fulfilled all of his obliga-
tions under the Contract Documents, Architect will, within ten days
after receipt of the final Application for Payment, indicate in
writing his recommendation of payment and present the Application
to Owner for payment. Thereupon, Architect will give written notice
to Owner and Contractor that the Work is acceptable subject to the
provisions of paragraph 14.11.A. Otherwise, Architect will return
the Application 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. If the
Application and accompanying documentation are appropriate as to form
and substance and when Owner has approved payment request, Owner
shall, within thirty days thereof pay Contractor provided publication
of notice of final settlement, pursuant to Statutory requirements,
shall also precede final payment to Contractor.

8.

If, through no fault of Contractor, final completion of the Work is
significantly delayed thereof and if Architect so confirms, Owner
shall, upoon receipt of Contractor's final Application for Payment
and recommendaton of Architect, and without terminating the Agreement,
make payment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance to be held by
Owner for Work not fully completed or corrected is less than the

-29-