4.10 SR 10-16-2023 - Laserfiche WebLink

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East Fiber Extension Elk River, Minnesota the Owner's interest therein, including applicable insurance. The Engineer will, within ten (10) days after receipt of each partial payment estimate, either indicate in writing approval of payment, and present the partial payment estimate to the Owner, or return the partial payment estimate to the Contractor indicating in writing the reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The Owner will, within ten (10) days of presentation of an approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate less the retainage. The retainage shall be an amount equal to 5% of said estimate. At any time when the progress of the work is not satisfactory, additional amounts may be retained. Upon substantial completion of the work, any amount retained may be paid to the Contractor. When the work has been substantially completed except for work which cannot be completed because of weather conditions, lack of materials, or other reasons which in the judgment of the Owner are valid reasons for non-completion, the Owner may make additional payments, retaining at all times an amount sufficient to cover the estimated cost of the work still to be completed. 19.1.1 The Engineer may disapprove or, on account of subsequently discovered evidence, nullify the whole or part of the approved partial payment estimate to such extent as may be necessary to protect the Owner from loss, on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of Contractor to make payment properly to subcontracts or for material or labor. (d) A reasonable doubt that the work can be completed for the balance then unpaid. (e) Damage to another Contractor. (f) Performance of work in violation of the terms of the Contract Documents. 19.1.2 Where work on unit price items is substantially complete but lack clean-up and/or corrections ordered by the Engineer, amounts shall be deducted from unit prices in partial payment estimates to amply cover such clean-up and corrections. 19.1.3 When the grounds for withholding or reducing partial payment defined in 19.1.1 and 19.1.2 are corrected, payment shall be made for the amounts withheld because of them. 19.2 The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored either at or near the site. 19.3 Prior to substantial completion, the Owner, with the approval of the Engineer and with the concurrence of the Contractor, may use any completed or substantially completed portions of the work. Such use shall not constitute an acceptance of such portions of the work. 19.4 The Owner shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection of the work, or the restoration of any damaged work except such as may be caused by agents or employees of the Owner. 00700 - 12 General Conditions