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4.9 SR 05-15-2023
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4.9 SR 05-15-2023
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5/15/2023
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5. TIME OF PERFORMANCE. The Contractor shall complete its obligations on or <br />before Deck bbe i �023. NOTE: If the obligations are not complete within said time period or date, <br />the Cont actdr a rees to pay $400 per day not as penalty but as liquidated damages until its obligations <br />are complete. i�wicc'A uN auk,' 'Ib� t`A' S P r `h` <br />b�THr.� �.3 . 'moo 9-3 <br />6. PAYMENT. Wh% the obligations of the Contractor have been fi lfilled, inspected, <br />and accepted, the City will pay the Contractor. Such payment shall be made not later than thirty (30) <br />days after completion, certification thereof, and invoicing by the Contractor. <br />PROMPT PAYMENT TO SUBCONTRACTORS. <br />A. Pursuant to Minnesota Statute § 471.25, Subd. 4a, the <br />Contractor must pay any subcontractor within ten (10) days of the Contractor's <br />receipt of payment from the City for undisputed services provided by the <br />subcontractor. The Contractor must pay interest of one and one-half percent (1 <br />%) per month or any part of a month to subcontractor on any undisputed amount <br />not paid on time to the subcontractor. The minimum monthly interest penalty <br />payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid <br />balance of less than $100.00, the Contractor shall pay the actual penalty due to the <br />Subcontractor. A subcontractor who prevails in a civil action to collect interest <br />penalties from the Contractor shall be awarded its costs and disbursements, <br />including attorney's fees, incurred in bringing the action. <br />B. Form IC-134 required from general contractor. Minn. Stat. § <br />290.92 requires that the City of Elk River obtain a Withholding Affidavit for <br />Contractors, Form IC-134, before making final payments to Contractors. This <br />form needs to be submitted by the Contractor to the Minnesota Department of <br />Revenue for approval. The form is used to receive certification from the state that <br />the vendor has complied with the requirement to withhold and remit state <br />withholding taxes for employee salaries paid. <br />8. WORKER'S COMPENSATION. Pursuant to Minnesota Statute § 176.182 <br />Contractor must provide acceptable evidence of compliance with the state Workers' Compensation <br />insurance requirements for all its employees and, in case any work is subcontracted, Contractor will <br />require the subcontractor to provide Workers' Compensation insurance or acceptable evidence of <br />compliance in accordance with the statutory requirements of the State of Minnesota. <br />9. COMMERCIAL GENERAL LIABILITY. Contractor shall obtain the following <br />minimum insurance coverage by a single policy or a combination of policies (including umbrella <br />policies) and maintain it at all times throughout the life of the Contract, with the City endorsed as an <br />additional insured: <br />Bodily Injury: $2,000,000 each occurrence <br />$2,000,000 aggregate, products and <br />completed operations <br />221668%1 <br />
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