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and the CONTRACTOR shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The OWNER will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs, adjustments, or the Work that may be made necessary by such defects, the OWNER may do so and charge the CONTRACTOR the cost thereby incurred. The performance BOND shall remain in full force and effect through the guarantee period. ARTICLE 14 - PAYMENTS AND COMPLETION Payments to Contractor: 14.1 At least ten (10) days before each progress payment falls due (but not more often than once a month), the CONTRACTOR will submit to the ENGINEER a partial payment estimate filled out and signed by the CONTRACTOR covering the WORK performed during the period covered by the partial payment estimate and supported by such data as the ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the OWNER, as will establish the OWNER'S title to the material and equipment and protect his interest therein, including applicable insurance. The CONTRACTOR shall replace at his expense any stored materials paid for which are either damaged or stolen before installation. The ENGINEER will, within ten (10) days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the OWNER, or return the partial payment estimate to the CONTRACTOR indicating in writing his 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 thirty (30) days of presentation to him of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. Except as State law otherwise provides, the OWNER may retain ten (10) percent of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. The OWNER at any time, however, after fifty (50) percent of the Work has been completed, if he finds that satisfactory progress is being made, may reduce retainage on the current and remaining estimates upon recommendation by the ENGINEER. When the work is substantially complete (operational or beneficial occupancy), the retained amount may be further reduced to only that amount necessary to assure completion upon recommendation by the ENGINEER. On completion and acceptance of a part of the Work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. The OWNER may reinstate up to 10 percent withholding if the OWNER determines, at its discretion, that the City of Sunny Isles Beach NE 174th Street Roadway Improvements 00700- 35 General Conditions 14-1758 / 09-19-2014