FLOOD05300

• County: Alamosa
• Community: Alamosa County
• Stream Name: Rio Grande River
• Basin: Rio Grande
• Title: Contract documents for Rio Grande Levee Improvements, Phase I
• Date: 7/1/1986
• Prepared For: Alamosa County
• Prepared By: Muller Engineering Company, Inc.
• Floodplain - Doc Type: Project

25.

for determining the basis of partial payments and will not be
considered as fixing a basis for additions to or deductions from the
Contract price.

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Payments to Contractor

(a) Not 1 ater than the 30th day of each cal endar month the Owner
shall make a progress payment to the Contractor on the basis of
a duly certi fi ed and approved estimate of the work performed
during the preceding calendar month under this Contract, but to
insure the proper performance of thi s Contract the Owner may
retai n fi ve percent (5%) of the amount of each estimate until
final completion and acceptance of all work covered by this
Contract; rovided, that the Contractor shall submit his esti-
mate not ater than the first day of the month; provided,
further, that the Owner at any time after fifty percent (50%) of
work has been completed, if he finds that satisfactory progress
is being made, may make any of the remaining progress payments
in full; provided, further, that on completion and acceptance of
each separate building, public work, or other division of the
Contract, on which the price is stated separately in the
Contract, payment may be made in full, including retained per-
centages thereon, less authorized deductions.

(b) In preparing estimates the material delivered on the site
preparatory to work done may be taken into consideration.

(c)

All material and work covered by partial payments made shall
thereupon become the sole property of the Owner, but this provi-
sion shall not be construed as relieving the Contractor from the
sole responsibility for the case and protection of materials and
work upon which payments have been made or the restoration of
any damaged work, or as a waiver of the right of the Owner to
require the fulfillment of all of the terms of the contract.

Owner's Rifht to Withhold Certain Amounts and Make Application
Thereof: he Contractor agrees that he will indemnify and save
the Owner harmless from all claims growing out of the lawful
demands of subcontractors, laborers, workmen, mechanics,
material men, and furnishers of machinery and parts thereof,
equipment, power tools, and all supplies, including commissary,
incurred in the furtherance of the performance of thi s
Contract. The Contractor shall, at the Owner's request, furnish
satisfactory evidence that all obligations of the nature herein-
above designated have been paid, discharged, or waived. If the
Contractor fails so to do, then the Owner may, after having
served written notice on the said Contractor, either pay unpaid
bill s, of whi ch the Owner has wri tten, di rect or wi thho 1 d from
the Contractor's unpaid compensation a sum of money deemed
reasonably sufficient to pay any and all lawful claims until
satisfactory evidence is furnished that all liabilities have
been fully discharged whereupon payment to the Contractor shall
be resumed, in accordance with the terms of this Contract, but in

(d)

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