_GENERAL DOCUMENTS - C1981017 (258)

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the Principal Representative and the Project Manager,stop work or terminate this Contract and recover from the Principal Representative payment for all work executed, any losses sustained on any material,and a reasonable profit. This provision shall not apply to work suspended due to conditions unsatisfactory for the prosecution of the work,including winter weather conditions. Article 46. CLEANUP The Contractor shall at all times keep the construction area free from accumulations of waste material or rubbish resulting from his work. Upon completion of the work,the Contractor shall remove from the vicinity of the work and haul all rubbish, trash,garbage,and construction debris to a county-approved disposal site. Additionally,the Contractor shall remove from the vicinity all unused materials,and the like, belonging to the Contractor or used under the Contractor's direction during construction. Cleanup is subject to the approval of the Principle Representative. Article 47. PERIODIC PARTIAL PAYMENTS If the time for completion of the work is more than one month,the Contractor may requisition and receive monthly progress payments in the amount of ninety percent(90%)of the value of the work completed to date,less the total of such previous payments, if the Contractor is satisfactorily performing the contract. On some occasions,after approval by the Principle Representative,payment may be made on account of materials not incorporated in the work but delivered and suitably stored at the site, or at some other location agreed upon in writing. Such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedure as will establish the Principal Representative's title to such material or otherwise adequately protect the Principal Representative's interest, including applicable insurance. The Division of Minerals and Geology will accept original invoices only. Change order amounts and retainage must be invoiced separately from items included in the original contract. All invoices,except the final invoice, and the payments thereunder,shall be subject to correction in the next invoice following the discovery of any error. State law and regulations provide that contractors will be paid within 45 days after receipt of a correct invoice. A State liability not paid within 45 days is considered delinquent and,unless otherwise agreed to,interest on the unpaid balance shall be paid beginning with the forty-sixth day at the rate of one per cent per month on the unpaid balance until paid in full. A liability shall not arise if a good faith dispute exists as to the agency's obligation to pay all or a portion of the liability. Contractors shall invoice separately for interest on delinquent amounts due. The billing shall reference the delinquent payment,the number of day's interest to be paid and the applicable interest rate(24-30-202(24), C.R.S. as amended). Article 48. PAYMENTS WITHHELD The Project Manager or the Principal Representative may hold,or,on account of subsequently discovered evidence,nullity the whole or any part of any invoice on account of: (a) Defective work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims; (c) Failure of the Contractor to make payment to subcontractors or for material or labor, (d) A reasonable doubt that the Contract can be completed for the balance of the contract price then unpaid; (e) Damage to another Contractor; (f) Failure to obtain necessary permits or licenses or to comply with applicable laws, ordinances,codes, rules or regulations; (g) Failure to submit weekly progress reports; (h) Failure of the Contractor to keep his work progressing in accordance with his time schedule; (i) Failure to keep a superintendent on the work; 0) Unauthorized deviations by the Contractor from the Contract Documents. When the grounds for such withholding or nullifying are removed,payment shall be made for the amounts withheld. If the Principle Representative deems inexpedient the correction of damaged work or of work not performed in accordance with the contract,equitable reduction of contract price shall be made. Article 49. FINAL INSPECTION The Principle Representative shall make final inspection of the project to determine whether the work has been completed in accordance with the Contract Documents. A final punch list shall be made by the Principle Representative on the Final Inspection and Certificate of Completion form in sufficient detail to fully outline to the Contractor: a) Work to be completed, if any; b) Work not in compliance with the drawings or specifications, if any; c) Unsatisfactory work for any reason,if any. If any punch-list results from the final inspection,the Contractor shall promptly rectify all items on it. Colorado Division of Minerals and Geology GENERAL BID SPECIFICATIONS June 1, 2002 Page 12