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1 <br /> recommended. In such case, the Owner shall give Contractor prompt written notice <br /> with copy to the Owner's Representative stating the reasons for each action. <br /> 5. Final Payment <br /> a. Upon receipt of Contractor's written Notice that the Work is ready for final inspection <br /> and acceptance and upon receipt of a final Application for Payment, the Owner's <br /> Representative will inspect the Work. If the Owner's Representative finds the Work <br /> acceptable under the Contract Documents and the Contract fully performed and if the <br /> Contractor has signed a final contract voucher, the Owner's Representative will issue a <br /> final certificate for payment. The certificate for payment will state that to the best of the <br /> Owner's Representative's knowledge, information and belief, the Work appears to have <br /> been completed in accordance with terms and conditions of the Contract Documents <br /> and that the entire balance found to be due the Contractor and noted in the final <br /> certificate is due and payable. <br /> b. Final payment shall not become due until the Contractor submits to the Owner's <br /> Representative; (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, have <br /> been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by <br /> 111 <br /> the Contract Documents to remain in force after final payment is currently in effect and <br /> will not be canceled or allowed to expire until at least thirty (30) days' prior written <br /> Notice has been given to the Owner; (3) a written statement that the Contractor knows <br /> of no substantial reason that the insurance will not be renewable to cover the period <br /> required by the Contract Documents; (4)consent of surety, if any, to final payment; and <br /> (5) if required by the Owner, other data establishing payment or satisfaction of <br /> obligations, such as receipts, releases and waivers of liens, claims, security interests or <br /> encumbrances arising out of the Contract, to the extent and in such form as may be <br /> designated by the Owner. If a Subcontractor refuses to furnish a release or waiver <br /> required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to <br /> indemnify the Owner against such lien. If such lien remains unsatisfied after payments <br /> are made, the Contractor shall refund to the Owner all money that the Owner may be <br /> compelled to pay in discharging such lien, including all costs and reasonable attorneys' <br /> fees. <br /> c. Prior estimates and payments, including those relating to Extra Work or Work omitted, <br /> shall be subject to correction by the final payment. <br /> d. If, after Substantial Completion of the Work, Final Acceptance thereof is materially <br /> delayed through no fault of the Contractor or by issuance of Change Orders affecting <br /> Final Acceptance, and the Owner's Representative so confirms, the Owner may, upon <br /> application by the Contractor and certification by the Owner's Representative, and <br /> without terminating the Contract, make payment of the balance due for that portion of <br /> the Work fully completed and accepted. If the remaining balance for Work not fully <br /> completed or corrected is less than retainage stipulated in the Contract Documents, and <br /> if bonds have been furnished, the written consent of surety to payment of the balance <br /> due for that portion of the Work fully completed and accepted shall be submitted by the <br /> Contractor to the Owner's Representative prior to certification of such payment. Such <br /> payment shall be made under terms and conditions governing final payment, except that <br /> it shall not constitute a waiver of claims. <br /> e. Acceptance of final payment by the Contractor, a Subcontractor or material Supplier <br /> shall constitute a waiver of Contract Claims by that payee, except those Contract <br /> Claims previously timely and completely submitted that remain pending at the time of <br /> final payment, provided that Contractor specifically so notifies the Owner in writing <br /> prior to the Owner making such final payment. Payment by the Owner shall not release <br /> PROCESS WATER PUMP STATION 06/13/2017 <br /> WO-3647 00 72 13 - 40 <br />