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<br />"C. Once 1) the definitive certificate of completion has been issued to the
<br />Owner and the Contractor and 2) once consent of the surety, if any, has
<br />been obtained, the Owner shall make payment of Retainage applying to
<br />such Work or designated portion thereof. Such payment shall be
<br />adjusted for Work that is incomplete or not in accordance with the
<br />requirements of the Contract Documents."
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<br />After the last sentence in the Paragraph 14.04.B, insert the following:
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<br />"Final payment, constituting the entire unpaid balance of the Contract Price,
<br />shall be made by the Owner to the Contractor when the Contractor has fully
<br />performed the Contract except for Contractor's responsibility to correct
<br />Work as provided in Paragraphs 13.06 and 13.07, and to satisfy other
<br />requirements, if any, which extend beyond final payment and after the
<br />Engineer sends written notice to Owner that the Work is acceptable and in
<br />accordance with Paragraphs 14.07.B and 14.07.C."
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<br />Delete Paragraph 14.07.A.2 and 14.07.A.3 insert the following:
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<br />"The final Application for Payment shall be accompanied (except as
<br />previously delivered) by: (1) an affidavit that payrolls, bills for materials and
<br />equipment, and other indebtedness connected with the Work for which the
<br />Owner or the Owner's property might be responsible or encumbered (less
<br />amounts withheld by Owner) have been paid or otherwise been satisfied, (2)
<br />a certificate evidencing that insurance required by the Contract Documents
<br />to remain in force after final payment is currently in effect and will not be
<br />canceled or allowed to be expired until at least 30 days' prior written notice
<br />has been given to the Owner, (3) a written statement that the Contractor
<br />knows of no substantial reason that the insurance will not be renewable to
<br />cover the period required by the Contract Documents, (4) consent of the
<br />surety, if any, to final payment, and (5) if required by the Owner, other data
<br />establishing payment or satisfaction of obligations, such as receipts,
<br />releases, and waivers of liens, claims, security interests of encumbrances
<br />arising out of the Contract, including releases from all subcontractors and
<br />others that supplied materials and services in this project, to the extent and
<br />in such form as may be designated by the Owner, (6) all documentation as
<br />required by the Contract Documents, and (7) acceptance by the Owner and
<br />governing agencies. If a Subcontractor refuses to furnish a release or waiver
<br />required by the Owner, the Owner may require that the Contractor furnish a
<br />bond or other collateral satisfactory to the Owner to indemnify the Owner
<br />against such lien. If such lien remains unsatisfied after payments are made,
<br />the Contractor shall refund to the Owner all money that the Owner may be
<br />compelled to pay in discharging the lien, including all reasonable attorneys'
<br />fees and costs. The final payment will become due when the Contractor
<br />submits the information above to the Engineer."
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<br />ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
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<br />09/09
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<br />00800-11
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<br />03-4122.F
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