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performed, he will promptly issue a final Certificate for Payment <br />stating that to the best of his knowledge, information and belief, and <br />on the basis of his observations and inspections, the Work has been <br />completed in accordance with the terms and conditions of the Contract <br />Documents and that the entire balance found to be due the Contractor, <br />and noted in said final Certificate, is due and payable. <br />Neither the final payment nor the remaining retained percentage shall <br />become due until the Contractor sabmits to the Engineer (1) an affidavit <br />that all payrolls, bills for materials and equipment, and other indebted- <br />ness connected with the Work for which the City or his property might in <br />any way be responsible, have been paid or otherwise satisfied, (2) consent <br />of surety, to final payment and (3) if required by the City, other data <br />establishing payment or satisfaction of all such obligations, such as <br />receipts, releases and waivers of liens arising out of the Contract, to <br />the extent and in such form as may be designated by the City. If any <br />subcontractor refuses to furnish a release or waiver required by the <br />City, the Contractor may furnish a bond satisfactory to the City to in- <br />demnify him against any such lien. If any such lien remains unsatisfied <br />after all payments are made, the Contractor shall refund to the City all <br />moneys that the latter may be compelled to pay in discharging such lien, <br />including all costs and reasonable attorneys' fees. <br />If after Substantial Completion of the Work, final completion thereof <br />is materially delayed through no fault of the Contractor, and the Engineer <br />so confirms, the City shall, upon certification by the Engineer and without <br />terminating the Contract, make payment of the balance due for that portion <br />of the Work fully completed and accepted. If the remaining balance for <br />Work not fully completed or corrected is less than the retainage stipulated <br />and if bonds have been furnished, the written consent of the surety to the <br />payment of the balance due for that portion of the work fully completed <br />and accepted shall be submitted by the Contractor to the Engineer prior to <br />certification of such payment. Such payment shall be made under the terms <br />and conditions governing final payment, except that it shall not constitute <br />a waiver of all claims. <br />The making of final payment shall constitute a waiver of all claims by <br />the City except those arising from: <br />l. unsettled liens, <br />2. faulty or defective work appearing after substantial completion, <br />3. failure of the work to comply with the requirements of the Contract <br />Documents, or <br />4. terms of any special guarantees required by the Contract Documents. <br />I - 15 <br />