Laserfiche WebLink
Article 44. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT <br /> If the work shall be stopped under an order of any court or other public authority for a period of <br /> three (3) months through no act or fault of the CONTRACTOR or of any one employed by him, <br /> then the CONTRACTOR may, on seven (7) days' written Notice to the Principal Representative <br /> and the PROJECT MANAGER, stop work or terminate this Contract and recover from the Principal <br /> Representative payment for all work executed, any losses sustained on any material, and a <br /> reasonable profit. <br /> Any claim by the CONTACTOR to stop work or terminate the Contract due to an alleged breach by <br /> the Principal Representative shall be subject to the provisions of ARTICLE 109 (REMEDIES) of the <br /> Colorado Procurement Code <br /> This provision shall not apply to work suspended due to conditions unsatisfactory for the <br /> prosecution of the work, including winter weather conditions. <br /> Article 45. CLEANUP <br /> The CONTRACTOR shall at all times keep the construction area free from accumulations of waste <br /> material or rubbish resulting from his work. Upon completion of the work, the CONTRACTOR shall <br /> remove from the vicinity of the work and haul all rubbish, trash, garbage, and construction debris to <br /> a county-approved disposal site. Additionally, the CONTRACTOR shall remove from the vicinity all <br /> unused materials, and the like, belonging to the CONTRACTOR or used under the <br /> CONTRACTOR'S direction during construction. <br /> Cleanup is subject to the approval of the Principal Representative. <br /> Article 46. PERIODIC PARTIAL PAYMENTS <br /> On some occasions, after approval by the Principal Representative, payment may be made on <br /> account of materials not incorporated in the work but delivered and suitably stored at the site, or at <br /> some other location agreed upon in writing. Such payments shall be conditioned upon submission <br /> by the CONTRACTOR of bills of sale or such other procedure as will establish the Principal <br /> Representative's title to such material or otherwise adequately protect the Principal <br /> Representative's interest, including applicable insurance. <br /> If the bid amount is $150,000.00 or over, 5 percent retainage will be withheld until the project has <br /> been satisfactorily completed and advertised. <br /> The Division of Reclamation, Mining and Safety will accept original invoices only. Change order <br /> amounts and retainage must be invoiced separately from items included in the original contract. <br /> All invoices, except the final invoice, and the payments thereunder, shall be subject to correction in <br /> the next invoice following the discovery of any error. The final payment, or the retainage bill, shall <br /> state "Final Bill" on the invoice. <br /> State law and regulations provide that CONTRACTORS will be paid within 45 days after receipt of <br /> a correct invoice. A State liability not paid within 45 days is considered delinquent and, unless <br /> otherwise agreed to, interest on the unpaid balance shall be paid beginning with the forty-sixth day <br /> at the rate of one percent per month on the unpaid balance until paid in full. A liability shall not <br /> arise if a good faith dispute exists as to the agency's obligation to pay all or a portion of the liability. <br /> CONTRACTORS shall invoice separately for interest on delinquent amounts due. The billing shall <br /> reference the delinquent payment, the number of days interest to be paid and the applicable <br /> interest rate (24-30-202(24), C.R.S. as amended). <br /> Article 47. PAYMENTS WITHHELD <br /> Colorado Division of Reclamation, Mining and Safety <br /> Page 18 of 21 Pages <br /> Revised: 9/17/2019 <br />