Common use of PAYMENTS TO CONTRACTOR AND COMPLETION Clause in Contracts

PAYMENTS TO CONTRACTOR AND COMPLETION. Schedules: 13.1 At least ten (10) days prior to submitting the first Application for a progress payment, CONTRACTOR shall (except as otherwise specified in the General Requirements) submit to PROJECT MANAGER a progress schedule, a final schedule of Shop Drawing submission and where applicable a schedule of values of the Work. These schedules shall be satisfactory in form and substance to PROJECT MANAGER. The schedule of values shall include quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon acceptance of the schedule of values by PROJECT MANAGER, it shall be incorporated into a form of Application for Payment acceptable to PROJECT MANAGER. Application for Progress Payment: 13.2 On or before the seventh day of each month (but not more often than once a month), CONTRACTOR shall submit to PROJECT MANAGER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed for the previous month, updated progress schedule, updated CONTRACTOR red lines (as built) and accompanied by such supporting documentation as is required by the Contract Documents and also as PROJECT MANAGER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location, as agreed to in writing by the PROJECT MANAGER, the Application for Payment shall also be accompanied by such data, satisfactory to OWNER, as will establish OWNERS title to the material and equipment and protect OWNERS interest therein, including applicable insurance. All costs associated with the PROJECT MANAGERS verification that materials and equipment are suitably stored must be borne by the CONTRACTOR. Materials such as base, aggregate, bedding material, reinforcing steel, etc. that may be readily incorporated into construction will not be considered for payment as materials on hand. Each subsequent Application for Payment shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied to discharge in full all of CONTRACTORS obligations reflected in prior Applications for Payment. Where the CONTRACTOR is withholding from the payment due to an assigned subcontractor for labor, materials or equipment, which is either complete or partially complete, the CONTRACTOR must specifically indicate in his affidavit the name of the subcontractor and the reasons why said amount is being withheld. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTORS Warranty of Title: 13.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens"). The CONTRACTOR must continue to provide appropriate Bonds and insurance as indicated in Article 5 for the Work, materials, and equipment where title has passed to the OWNER, until the project is substantially complete in accordance with Article 13.13 of the General Conditions. The CONTRACTOR is also responsible for security, operation, safety, maintenance, and utilities for completed portions of work until the project is substantially complete. This will in no way waive the CONTRACTORS responsibilities as outlined in Article 12.13 concerning the one (1) year correction period. Review of Applications for Progress Payment: 13.4 PROJECT MANAGER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing PROJECT MANAGERS reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. OWNER shall pay PROJECT MANAGER approved Applications for Payment received by the PROJECT MANAGER on or before the seventh day of each month, to CONTRACTOR, the amount recommended by PROJECT MANAGER within thirty (30) days of receiving recommendation from PROJECT MANAGER or shortly thereafter, less retainages, if any, as so set forth in the Contract Document denominated Agreement. 13.5 PROJECT MANAGERS recommendation of any payment requested in an Application for Payment will constitute a representation by PROJECT MANAGER to OWNER, based on PROJECT MANAGERS on-site observations of the Work in progress as an experienced and qualified design professional and on PROJECT MANAGERS review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of PROJECT MANAGERS knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in the recommendation) and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment PROJECT MANAGER will not thereby be deemed to have represented that any examination has been made to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to CONTRACTOR on account of the Contract Price, or that title to any Work materials or equipment has passed to OWNER free and clear of any Liens. 13.6 PROJECT MANAGERS recommendation of final payment will constitute an additional representation by PROJECT MANAGER to OWNER that the conditions precedent to CONTRACTORS being entitled to final payment as set forth in Article 13.13 have been fulfilled. 13.7 PROJECT MANAGER may refuse to recommend the whole or any part of any payment if, in his opinion, it would be incorrect to make such representation to OWNER. He may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify and such payment previously recommended to such extent as may be necessary in PROJECT MANAGERS opinion to protect OWNER from loss because: 13.7.1 the Work is defective, or completed Work has been damaged requiring correction or replacement, 13.7.2 written claims have been made against OWNER or Liens have been filed in connection with the Work, 13.7.3 the Contract Price has been reduced because of Modifications, 13.7.4 OWNER has been required to correct defective Work or complete the Work in accordance with Article 12.14, 13.7.5 of CONTRACTORS unsatisfactory prosecution of the Work in accordance with the Contract Documents, or 13.7.6 CONTRACTORS failure to make payment to Subcontractors, or for labor, materials, or equipment. Substantial Completion: 13.8 When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall, in writing to OWNER and PROJECT MANAGER, certify that the entire Work is substantially complete and request that PROJECT MANAGER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR, and PROJECT MANAGER shall inspect the Work to determine the status of completion. If PROJECT MANAGER does not consider the Work substantially complete, PROJECT MANAGER will prepare and deliver to OWNER a tentative certificate of Substantial Completion, which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which he may make written objection to PROJECT MANAGER as to any provisions of the certificate or attached list. If, after considering such objections, PROJECT MANAGER concludes that the Work is not substantially complete, PROJECT MANAGER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating his reasons therefore. If, after consideration of OWNERS objections, PROJECT MANAGER considers the Work substantially complete, PROJECT MANAGER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificates as he believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion PROJECT MANAGER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities and insurance. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform PROJECT MANAGER prior to his issuing the definitive certificate of Substantial Completion PROJECT MANAGERS previously mentioned recommendation will be binding on OWNER and CONTRACTOR until final payment. 13.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 13.10 Use by OWNER of completed portions of the Work may be accomplished prior to Substantial Completion of all the Work subject to the following: 13.10.1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any part of the Work, which OWNER believes to be substantially complete, and which may be so used without significant interference with construction of the other parts of the Work. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROJECT MANAGER that said part of the Work is substantially complete and request PROJECT MANAGER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time thereafter OWNER, CONTRACTOR, and PROJECT MANAGER shall inspect that part of the Work to determine its status of completion. If PROJECT MANAGER does not consider that part of the Work to be substantially complete, PROJECT MANAGER will notify OWNER and CONTRACTOR in writing giving his reasons therefore. If PROJECT MANAGER considers that part of the Work to be substantially complete, PROJECT MANAGER will execute and deliver to OWNER and CONTRACTOR a certificate to that effect, fixing the date of Substantial Completion as to that part of the Work, attaching thereto a tentative list of items to be completed or corrected before final payment. Prior to issuing a certificate of Substantial Completion as to part of the Work PROJECT MANAGER will deliver to OWNER and CONTRACTOR a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities and insurance for that part of the Work which shall become binding upon OWNER and CONTRACTOR at the time of issuing the definitive certificate of Substantial Completion as to that part of the Work unless OWNER and CONTRACTOR shall have otherwise agreed in writing and so informed PROJECT MANAGER. OWNER shall have the right to exclude CONTRACTOR from any part of the Work, which PROJECT MANAGER has so certified to be substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 13.10.2 In lieu of the issuance of a certificate of Substantial Completion as to part of the Work, OWNER may take over operation of a facility constituting part of the Work whether or not it is substantially complete if such facility is functionally and separately usable; provided that prior to any such takeover, OWNER and CONTRACTOR have agreed as to the division of responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, correction period, heat, utilities and insurance with respect to such facility. 13.10.3 No occupancy of part of the Work or taking over of operations of a facility will be accomplished prior to compliance with the requirements of Owner Outline of Insurance Required in respect of property insurance. Final Inspection: 13.11 Upon written notice from CONTRACTOR that the Work is complete, PROJECT MANAGER will 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 remedy such deficiencies. Final Application for Payment: 13.12 After CONTRACTOR has completed all such corrections to the satisfaction of PROJECT MANAGER and delivered all maintenance and operating instructions, schedules, guaranties, Bonds, certificates of inspection, marked-up record documents and other documents - all as required by the Contract Documents, and after PROJECT MANAGER has indicated that the Work is acceptable (subject to the provisions of Article 13.16), CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents and such other data and schedules as PROJECT MANAGER may reasonably require, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit from CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness 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 Subcontractor, 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 any Lien. Final Payment: 13.13 If, on the basis of PROJECT MANAGERS observation of the Work during construction and final inspection, and PROJECT MANAGERS review of the final Application for Payment and accompanying documentation - all as required by the Contract Documents, PROJECT MANAGER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all of his obligations under the Contract Documents, PROJECT MANAGER 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 PROJECT MANAGER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of Article 13.16. Otherwise, PROJECT MANAGER 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, OWNER shall, within thirty days after receipt thereof pay CONTRACTOR the amount recommended by PROJECT MANAGER, such amount taking into consideration retainages, if any, as so set forth in the Contract Document denominated agreement. 13.14 If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed thereof and if PROJECT MANAGER so confirms, OWNER shall, upon receipt of CONTRACTORS final Application for Payment and recommendation of PROJECT MANAGER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. CONTRACTORS Continuing Obligation: 13.15 CONTRACTORS obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Ne

PAYMENTS TO CONTRACTOR AND COMPLETION. SchedulesSCHEDULES: 13.1 14.1 At least ten (10) days prior to submitting the first Application application for a progress payment, CONTRACTOR shall (except as otherwise specified in the General Requirementsgeneral requirements) submit to PROJECT MANAGER ENGINEER and OWNER a progress schedule, a final schedule of Shop Drawing submission and submissions, and, where applicable applicable, a schedule of values of the Work. These schedules shall be satisfactory in form and substance to PROJECT MANAGERENGINEER and OWNER. The schedule of values shall include quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon acceptance of the schedule of values by PROJECT MANAGERENGINEER and OWNER, it shall be incorporated into a form of Application application for Payment payment acceptable to PROJECT MANAGERENGINEER and OWNER. Application for Progress PaymentAPPLICATION FOR PROGRESS PAYMENT: 13.2 On or 14.2 At least ten days before the seventh day of each month progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to PROJECT MANAGER ENGINEER and OWNER for review an Application application for Payment payment filled out and signed by CONTRACTOR covering the Work completed for as of the previous monthdate of the application, updated progress schedule, updated CONTRACTOR red lines (as built) and accompanied by such supporting documentation as is required by the Contract Documents Documents, and also as PROJECT MANAGER ENGINEER or OWNER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work Work, but delivered and suitably stored at the site or at another location, as location agreed to in writing by the PROJECT MANAGERwriting, the Application application for Payment payment shall also be accompanied by such data, satisfactory to OWNER, as will establish OWNERS OWNER'S title to the material and equipment equipment, and protect OWNERS OWNER'S interest therein, including applicable insurance. All costs associated with the PROJECT MANAGERS verification that materials and equipment are suitably stored must be borne by the CONTRACTOR. Materials such as base, aggregate, bedding material, reinforcing steel, etc. that may be readily incorporated into construction will not be considered Each subsequent application for payment as materials on hand. Each subsequent Application for Payment shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied to discharge in full all of CONTRACTORS CONTRACTOR'S obligations reflected in prior Applications applications for Payment. Where the CONTRACTOR is withholding from the payment due to an assigned subcontractor for labor, materials or equipment, which is either complete or partially complete, the CONTRACTOR must specifically indicate in his affidavit the name of the subcontractor and the reasons why said amount is being withheldpayment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTORS Warranty of TitleCONTRACTOR'S WARRANTY OF TITLE: 13.3 14.3 CONTRACTOR warrants and guarantees that title to all Work, materials materials, and equipment covered by any Application application for Paymentpayment, whether incorporated in the Project or not, will pass to OWNER at the time of payment free and clear of all liens, claims, security interests interests, and encumbrances (hereafter in these General Conditions referred to as "“Liens"”). The CONTRACTOR must continue to provide appropriate Bonds and insurance as indicated in Article 5 for the Work, materials, and equipment where title has passed to the OWNER, until the project is substantially complete in accordance with Article 13.13 of the General Conditions. The CONTRACTOR is also responsible for security, operation, safety, maintenance, and utilities for completed portions of work until the project is substantially complete. This will in no way waive the CONTRACTORS responsibilities as outlined in Article 12.13 concerning the one (1) year correction period. Review of Applications for Progress Payment: 13.4 PROJECT MANAGER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing PROJECT MANAGERS reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. OWNER shall pay PROJECT MANAGER approved Applications for Payment received by the PROJECT MANAGER on or before the seventh day of each month, to CONTRACTOR, the amount recommended by PROJECT MANAGER within thirty (30) days of receiving recommendation from PROJECT MANAGER or shortly thereafter, less retainages, if any, as so set forth in the Contract Document denominated Agreement. 13.5 PROJECT MANAGERS recommendation of any payment requested in an Application for Payment will constitute a representation by PROJECT MANAGER to OWNER, based on PROJECT MANAGERS on-site observations of the Work in progress as an experienced and qualified design professional and on PROJECT MANAGERS review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of PROJECT MANAGERS knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in the recommendation) and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment PROJECT MANAGER will not thereby be deemed to have represented that any examination has been made to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to CONTRACTOR on account of the Contract Price, or that title to any Work materials or equipment has passed to OWNER free and clear of any Liens. 13.6 PROJECT MANAGERS recommendation of final payment will constitute an additional representation by PROJECT MANAGER to OWNER that the conditions precedent to CONTRACTORS being entitled to final payment as set forth in Article 13.13 have been fulfilled. 13.7 PROJECT MANAGER may refuse to recommend the whole or any part of any payment if, in his opinion, it would be incorrect to make such representation to OWNER. He may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify and such payment previously recommended to such extent as may be necessary in PROJECT MANAGERS opinion to protect OWNER from loss because: 13.7.1 the Work is defective, or completed Work has been damaged requiring correction or replacement, 13.7.2 written claims have been made against OWNER or Liens have been filed in connection with the Work, 13.7.3 the Contract Price has been reduced because of Modifications, 13.7.4 OWNER has been required to correct defective Work or complete the Work in accordance with Article 12.14, 13.7.5 of CONTRACTORS unsatisfactory prosecution of the Work in accordance with the Contract Documents, or 13.7.6 CONTRACTORS failure to make payment to Subcontractors, or for labor, materials, or equipment. Substantial Completion: 13.8 When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall, in writing to OWNER and PROJECT MANAGER, certify that the entire Work is substantially complete and request that PROJECT MANAGER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR, and PROJECT MANAGER shall inspect the Work to determine the status of completion. If PROJECT MANAGER does not consider the Work substantially complete, PROJECT MANAGER will prepare and deliver to OWNER a tentative certificate of Substantial Completion, which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which he may make written objection to PROJECT MANAGER as to any provisions of the certificate or attached list. If, after considering such objections, PROJECT MANAGER concludes that the Work is not substantially complete, PROJECT MANAGER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating his reasons therefore. If, after consideration of OWNERS objections, PROJECT MANAGER considers the Work substantially complete, PROJECT MANAGER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificates as he believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion PROJECT MANAGER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities and insurance. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform PROJECT MANAGER prior to his issuing the definitive certificate of Substantial Completion PROJECT MANAGERS previously mentioned recommendation will be binding on OWNER and CONTRACTOR until final payment. 13.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 13.10 Use by OWNER of completed portions of the Work may be accomplished prior to Substantial Completion of all the Work subject to the following: 13.10.1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any part of the Work, which OWNER believes to be substantially complete, and which may be so used without significant interference with construction of the other parts of the Work. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and PROJECT MANAGER that said part of the Work is substantially complete and request PROJECT MANAGER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time thereafter OWNER, CONTRACTOR, and PROJECT MANAGER shall inspect that part of the Work to determine its status of completion. If PROJECT MANAGER does not consider that part of the Work to be substantially complete, PROJECT MANAGER will notify OWNER and CONTRACTOR in writing giving his reasons therefore. If PROJECT MANAGER considers that part of the Work to be substantially complete, PROJECT MANAGER will execute and deliver to OWNER and CONTRACTOR a certificate to that effect, fixing the date of Substantial Completion as to that part of the Work, attaching thereto a tentative list of items to be completed or corrected before final payment. Prior to issuing a certificate of Substantial Completion as to part of the Work PROJECT MANAGER will deliver to OWNER and CONTRACTOR a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities and insurance for that part of the Work which shall become binding upon OWNER and CONTRACTOR at the time of issuing the definitive certificate of Substantial Completion as to that part of the Work unless OWNER and CONTRACTOR shall have otherwise agreed in writing and so informed PROJECT MANAGER. OWNER shall have the right to exclude CONTRACTOR from any part of the Work, which PROJECT MANAGER has so certified to be substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 13.10.2 In lieu of the issuance of a certificate of Substantial Completion as to part of the Work, OWNER may take over operation of a facility constituting part of the Work whether or not it is substantially complete if such facility is functionally and separately usable; provided that prior to any such takeover, OWNER and CONTRACTOR have agreed as to the division of responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, correction period, heat, utilities and insurance with respect to such facility. 13.10.3 No occupancy of part of the Work or taking over of operations of a facility will be accomplished prior to compliance with the requirements of Owner Outline of Insurance Required in respect of property insurance. Final Inspection: 13.11 Upon written notice from CONTRACTOR that the Work is complete, PROJECT MANAGER will 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 remedy such deficiencies. Final Application for Payment: 13.12 After CONTRACTOR has completed all such corrections to the satisfaction of PROJECT MANAGER and delivered all maintenance and operating instructions, schedules, guaranties, Bonds, certificates of inspection, marked-up record documents and other documents - all as required by the Contract Documents, and after PROJECT MANAGER has indicated that the Work is acceptable (subject to the provisions of Article 13.16), CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents and such other data and schedules as PROJECT MANAGER may reasonably require, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit from CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness 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 Subcontractor, 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 any Lien. Final Payment: 13.13 If, on the basis of PROJECT MANAGERS observation of the Work during construction and final inspection, and PROJECT MANAGERS review of the final Application for Payment and accompanying documentation - all as required by the Contract Documents, PROJECT MANAGER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all of his obligations under the Contract Documents, PROJECT MANAGER 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 PROJECT MANAGER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of Article 13.16. Otherwise, PROJECT MANAGER 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, OWNER shall, within thirty days after receipt thereof pay CONTRACTOR the amount recommended by PROJECT MANAGER, such amount taking into consideration retainages, if any, as so set forth in the Contract Document denominated agreement. 13.14 If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed thereof and if PROJECT MANAGER so confirms, OWNER shall, upon receipt of CONTRACTORS final Application for Payment and recommendation of PROJECT MANAGER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. CONTRACTORS Continuing Obligation: 13.15 CONTRACTORS obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Ne