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<br />but are taken from the Contractor's stock, th~ <br />Contractor shall furnish a written statement <br />certifying that the materials were taken fro~ <br />the stock, that the quantity claimed was <br />actually used, and that the price and trans- <br />portation claimed represent the actual cost to <br />the Contractor. <br /> <br />109.0& Eliminated Items, Should any itemS <br />contained in the Contract be found unnecessary for <br />the proper completion of the work, the Engineer will <br />notify the Contractor in writing, to eliminate the <br />item. Such action will not invalidate the ContraCt. <br />The Contractor, by Contract Modification Order, <br />will be reimbursed for actual work done and all costs <br />incurred, including mobilization of materials and <br />equipment prior to the elimination of the items. . <br /> <br /> <br />109.06 Partial Payments. Partial paymen~s <br />will be made once each month as the work pio- <br />gresses, when the Contractor is performing saqs- <br />factorily under the Contract. Payments will be bas~d <br />upon progress estimates prepared by the <br />Engineer, of the value of work performed, matsrials <br />placed in accordance with the Contract, and the <br />value of the materials on hand in accordance with <br />subsection 109.07. The amount of the progrells <br />estimats paid to the Contractor will be subject to the <br />following: <br />(a) Standard Amount Retained. The Division <br />will make a deduction from the progrllss <br />estimats in the amount considered necessary <br />to protect the interests of the State, pursuant <br />to Section 24-91-103, CRS. That amount tOibe <br />retained will be 10% of the .value of the <br />completsd work, exclusive of mobilization <br />and payments for materials on hand, tQ a <br />maximum of 5% of the original contr.ct <br />amount. No further amount will be retained <br />if the Contractor makes satisfactory pro- <br />gress in the contract work. The amount <br />retained will be in effect until such timei as <br />final payment is made, with the following <br />exceptions, each of which requires the Con- <br />tractor's writtsn request and consent of the <br />Surety: <br />(1) When 97'/2 % of the work has b~en <br />completed, the Engineer may, reduce the <br />retained amount to twice the value oUhe <br />remaining work. . <br />(2) Upon completion and acceptance oUhe <br />project, the Engineer may reduce 'the <br />amount retained to 2% of the original <br />contract amount. , <br />(3) After the project quantities are finalized <br />and the Contractor has submitted ithe <br />necessary forms, further reductiona in <br />the amount retained may be approved. <br />(b) Securities in Lieu of Standard Amqunt <br />Retained. When the original contract <br /> <br />36 <br /> <br /> <br />amount exceeds $80,000 (eighty thousan <br />dollars), the Contractor may withdraw all <br />any portion of the standard amount retaine <br />if acceptable securities are assigned to th <br />Division, and deposited as set forth i <br />Section 24-91-105, CRS and the impl <br />menting regulations. The securities shall <br />all times have a market value at least equ <br />in value to the sums withdrawn. If at an <br />time the Division determines that the mark <br />value of the securities has fallen below th <br />sums withdrawn, the Contractor, shal <br />deposit additional acceptable securities in a <br />amount sufficient to reestablish a tota <br />deposit of securities equal in value to th <br />sums withdrawn. This security substitutio <br />shall not apply if a part of the contract pric <br />is paid from federal, or other sources, and th <br />federal or other source has requirement <br />which are inconsistent with this subsection <br />(c) Subcontractor and Supplier Claims. I <br />addition to a standard amount retained, th <br />Division shall withhold funds for all claim <br />against the Contractor filed by subcon <br />tractors and suppliers, pursuant to Sectio <br />38-26-107,CRS. <br />(d) No Payment. A partial payment will not b <br />made when the total value of the work don <br />since the last estimate amounts to less tha <br />$500. <br /> <br />109.07 Payment for Material on Hand (Stock <br />piled Material). Payments may be made to th <br />Contractor for materials to be incorporated in th <br />work as evidenced by invoices or cost analyses 0 <br />material produced on the project subject to th <br />following: <br />(1) The material has been fabricated or processe <br />and is ready for installation into the project an <br />conforms to the requirements of the Contract. <br />(2) The material is stored on the project, on Sta <br />owned property, or at an acceptable locatio <br />within the State of Colorado. In the latter cas <br />the Contractor must provide a document signe <br />by the owner and lessee of the property esta <br />lishing that the Division has a vested interes <br />in, and the right of access to and possession <br />the material. <br />(3) The Contractor provides the Engineer with <br />written cost analysis which confirms that t <br />balance of funds in the corresponding item(s) <br />sufficient to complete the installation. <br />(4) The Contractor initially provides the Engine <br />with a certified invoice followed by proof <br />payment (paid invoice) for the purchased ma <br />rial within 30 days of the date that the materi <br />was included in a partial payment. If proof <br />payment is not furnished within the 30 d <br />limitation, the value of the stockpiled mate <br />will be deductsd from the next partial payme <br />