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Directive or Written Amendment indicating the parties' agreement <br /> with all or part of such costs for additional Work. <br /> b) add the portion of the Contract Price properly allocable to <br /> materials and equipment delivered and suitably stored at the site <br /> for subsequent incorporation in the Work, or, if approved in <br /> advance by Owner, suitably stored off-site at a location agreed <br /> upon in writing. <br /> c) add the Contractor's Fee, less the ten percent (10%) Retainage. <br /> The Contractor's Fee shall be computed upon the Cost of the <br /> Work described in the preceding clauses at the rate in accordance <br /> with Paragraph 11.01.0 or, if the Contractor's Fee is stated as a <br /> fixed sum, then it shall be an amount that bears the same ratio to <br /> that fixed-sum fee as the Cost of the Work in the two preceding <br /> clauses bears to a reasonable estimate of the probable Cost of <br /> Work upon completion. <br /> d) subtract the aggregate of the previous payments made by the <br /> Owner; <br /> e) subtract the shortfall, if any, indicated by the Contractor in the <br /> supporting records and other evidence as mutually agreed <br /> between the Owner or Engineer and Contractor to demonstrate <br /> expenditures incurred to substantiate prior Applications for <br /> Payment, or resulting from errors subsequently discovered by <br /> Owner, or designee; <br /> f) subtract the amounts, if any, for which the Architect has withheld <br /> or nullified Certificate for Payment in accordance with the <br /> provisions of the Contract Documents." <br /> In Paragraph 14.02.8., change the beginning of the sentence: from "Ten days..." to read: <br /> "Forty-five days...". <br /> In Paragraph 14.02.C.1, insert the following: <br /> 2. The Contractor shall promptly pay each subcontractor, upon receipt of <br /> payment from the Owner, out of the amount paid to the Contractor on <br /> account of such Subcontractor's portion of the Work, the amount to which <br /> said Subcontractor is entitled, reflecting percentages actually retained from <br /> payments to the Contractor on account of such Subcontractor's portion of the <br /> Work. The Contractor shall, by appropriate agreement with each <br /> Subcontractor, require each Subcontractor to make payments to <br /> Subsubcontractors, if such Subsubcontractors are permitted by the Contract <br /> Documents, to make payments to Subsubcontractors in the same manner. <br /> 3. Neither the Owner nor the Engineer shall have an obligation to pay or see to <br /> the payment of money to a Subcontractor, except as provided by law. <br /> 4. Payment by Contractor to material suppliers shall be treated in the manner as <br /> provided in Paragraph 14.02.C.2. <br /> 5. Except with the Owner's prior approval, payments to Subcontractors shall be <br /> subject to Retainage of not less than ten percent (10%). The Owner and the <br /> Contractor shall agree upon a mutually acceptable procedure for review and <br /> approval of payments and retention for Subcontractors. <br /> 08/12 00800-8 11-4179 <br />