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(10%) of the amount due. Requests submitted promptly as of the <br />twentieth of the month will be paid normally by the tenth of the <br />following month. <br /> <br />The bidder's attention is directed to the provisions of Section 9 of <br />the Standard Specifications and the following modification, all of <br />which are applicable to this Contract: <br /> <br /> Upon receipt of written notice that the work is ready for final <br /> inspection and acceptance, the Engineer shall, within five (5) <br /> days, make such inspection, and when he finds the work acceptable <br /> under the Contract and the Contract fully performed, he will <br /> recommend to the City Council (at the next following Council <br /> meeting) that the Contract be accepted and a "Notice of <br /> Completion" be prepared and recorded. The final balance found to <br /> be due the Contractor, including the retained percentage, shall <br /> be paid to the Contractor by the City within fifteen (15) days <br /> after the expiration of thirty (30) days following the date of <br /> recordation of the NOTICE OF COMPLETION. <br /> <br />Before the final payment is due, the Contractor shall submit <br />evidence satisfactory to the Engineer that all payrolls, material <br />bills, and other indebtedness connected with the work have been <br />paid, except that in case of disputed indebtedness or liens, the <br />Contractor may submit in lieu of evidence of payment, a surety <br />bond satisfactory to the City guaranteeing payment of all such <br />disputed amounts when adjudicated in cases where such payment has <br />not already been guaranteed by surety bond. <br /> <br />The making and acceptance of the final payment shall constitute a <br />waiver of all claims by the City, other than those arising from <br />any of the following: (1) unsettled liens; (2) faulty work <br />appearing within twelve (12) months after final payment; (3) <br />requirements of the specifications; or (4) manufacturer's <br />guarantees. It shall also constitute a waiver of all claims by <br />the Contractor, except those previously made and still unsettled. <br /> <br />If after the work has been substantially completed, full <br />completion thereof is materially delayed through no fault of the <br />Contractor, and the Engineer so certifies, the City shall, upon <br />certificate of the Engineer, and without terminating the <br />Contract, make payment of the balance due for that portion of the <br />work fully completed and accepted. Such payments shall be made <br />under the terms and conditions governing final payment, except <br />that it shall not constitute a waiver of claim. <br /> <br />If the Contractor claims that any instructions by drawings or <br />otherwise issued after the date of the Contract involved'extra <br />cost under the Contract, he sh~ll give the Engineer written <br />notice thereof within three (3) days after the receipt of such <br />instructions, and in any event, before proceeding to execute the <br />work except an emergency endangering life or property, and the <br />procedure shall then be provided for changes in the work. No <br />such claim shall be valid unless so made. <br /> <br />CDS.I.6 32 <br /> <br /> <br />