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03-12-1984 Council Packet
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03-12-1984 Council Packet
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Each Request for Payment shall be itemized and computed from the Work comple- <br />ted on all items listed on the Detailed Breakdow*. of Contract Amount. Where <br />unit prices are specified, the Request for ?ayment shall be based on the quan- <br />tities completed. The Owner shall pay to the Contractor an amount not to ex- <br />ceed 95% of the amount earned under the Contract subject to the approval out- <br />lined in Section 10.3 and the provi.sions of Section 10.4 and 10.5. However, <br />when the Work required under the contract is 95% or more completed, upon rec- <br />ommendation of the Engineer, such portions of the retained money shall be re- <br />leased as the Owner determines are not required to be retained to protect the <br />Owner's interest in satisfactory completion of the Contract. <br />10.3 ENGINEER'S ACTION ON A REQUEST FOR PAYMENT <br />Within twenty (20) days of submission of any Request for Payment by the Con- <br />tractor, the Engineer shall: <br />(a) Approve the Request for Payment as submitted and forward it <br />to the Owner. <br />(b) Approve such other amount as he shall consider is due the <br />Contractor, informing the Contractor in writing of his reasons for <br />approving the modified amount. <br />Withhold the Request for Payment, informing the Contractor in <br />writing of his reasons for withholding it. <br />10.4 OWNER'S ACTION ON AN APPROVED RE VEST FOR PAYMF,NT <br />- Q-- --^ <br />Within thirty (30) days from the date of approval of a Request for Pay- <br />ment by the Engineer, the Owner shall: <br />(a) Pay the Request for Payment as approved by the Engineer. <br />(b) Pay such other amount in accordance with Section 10.5 as he <br />shall decide is due the Contractor, informing the Contractor and the <br />Engineer in writing of his reasons for paying the modified amount. <br />(c) Withholding payment in accordance with Section 10.5 informing <br />the Contractor and the Engineer in writing of his reasons for with- <br />holding payment. <br />10.5 OWNER'S RIG!1T TO WITHHOLD PAYMENT <br />10.5.1 The Owner may withhold payment in whole or in part to the extent nec- <br />essary to protect himself from loss on account of any of the following causes: <br />(a) Violation of any of the terms of the Contract Documents. <br />(b) Defective work not remedied, or completed work which has been <br />damaged. <br />- i7 - <br />3595a <br />4/81 <br />
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