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After the last sentence in Paragraph 14.04.B, insert the following: <br /> "C. Once 1) the definitive certificate of completion has been issued to the Owner <br /> and the Contractor and 2) once consent of the surety, if any, has been <br /> obtained, the Owner shall make payment of Retainage applying to such Work <br /> or designated portion thereof. Such payment shall be adjusted for Work that <br /> is incomplete or not in accordance with the requirements of the Contract <br /> Documents." <br /> After the last sentence in the Paragraph 14.04.B, insert the following: <br /> "Final payment, constituting the entire unpaid balance of the Contract Price, shall <br /> be made by the Owner to the Contractor when the Contractor has fully performed <br /> the Contract except for Contractor's responsibility to correct Work as provided in <br /> Paragraphs 13.06 and 13.07, and to satisfy other requirements, if any, which <br /> extend beyond final payment and after the Engineer sends written notice to <br /> Owner that the Work is acceptable and in accordance with Paragraphs 14.07.B <br /> and 14.07.C." <br /> Delete Paragraph 14.07.A.2 and 14.07.A.3 insert the following: <br /> "The final Application for Payment shall be accompanied (except as previously <br /> delivered) by: (1) an affidavit that payrolls, bills for materials and equipment, and <br /> other indebtedness connected with the Work for which the Owner or the Owner's <br /> property might be responsible or encumbered (less amounts withheld by Owner) <br /> have been paid or otherwise been satisfied, (2) a certificate evidencing that <br /> insurance required by the Contract Documents to remain in force after final <br /> payment is currently in effect and will not be canceled or allowed to be expired <br /> until at least 30 days' prior written notice has been given to the Owner, (3) a <br /> written statement that the Contractor knows of no substantial reason that the <br /> insurance will not be renewable to cover the period required by the Contract <br /> Documents, (4) consent of the surety, if any, to final payment, and (5) if required <br /> by the Owner, other data establishing payment or satisfaction of obligations, such <br /> as receipts, releases, and waivers of liens, claims, security interests of <br /> encumbrances arising out of the Contract, to the extent and in such form as may <br /> be designated by the Owner, (6) all documentation as required by the Contract <br /> Documents, and (7) acceptance by the Owner and governing agencies. If a <br /> Subcontractor refuses to furnish a release or waiver required by the Owner, the <br /> Owner may require that the Contractor furnish a bond or other collateral <br /> satisfactory to the Owner to indemnify the Owner against such lien. If such lien <br /> remains unsatisfied after payments are made, the Contractor shall refund to the <br /> Owner all money that the Owner may be compelled to pay in discharging the lien, <br /> including all reasonable attorneys' fees and costs. The final payment will <br /> become due when the Contractor submits the information above to the <br /> Engineer." <br /> 08/12 00800-10 11-4179 <br />