_GENERAL DOCUMENTS - C1981017 ‎(258)‎

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Name: Bid Documents ‎(IMP)‎ Stabilization CBNP
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

Article 50. FINAL INSPECTION AND CERTIFICATE OF COMPLETION
The Final Inspection and Certificate of Completion shall establish the completion date of the project.
Article 51. SETTLEMENT
The Principle Representative shall not authorize final payment until all items on the punch list have been completed,the
Final Inspection and Certificate of Completion issued, and the Notice of Contractor's Settlement published. Before the
Principal Representative may advertise, the Contractor shall deliver the Principle Representative all guaranties and
warranties,and daily or weekly Job Logs.
When the Principle Representative indicates acceptance of the work, the Contractor may requisition final payment,
including retainage, on account of the contract price.
Before such final payment may be made the Principle Representative must comply with Title 38-26-107 C.R.S. as
amended,which requires that publication of a notice of final settlement with the Contractor be made twice in a newspaper
of general circulation in the county wherein the Agreement was made(usually Denver County)and the county wherein the
work was performed. The date fixed in such notice,before which final payment to the Contractor may not be made,must
be no less than ten days after the second publication of the notice.
Any unpaid creditor of the Contractor who supplied labor and/or material for the work has those ten days in which to file
with the Principle Representative a verified statement of the amount due and unpaid. The Principle Representative must
withhold from payment to the Contractor the total amount of such claim for a period of ninety days after the date in the
notice fixed for settlement, but the Principle Representative may not directly make payment to the creditor(s). If within
those ninety days a creditor does not reach settlement with the Contractor,he must file with the Principle Representative a
notice that he has brought action at law,otherwise the Principle Representative,at expiration of ninety days,will pay the
Contractor for the amount withheld.
Article 52. GUARANTY AND WARRANTIES
The Contractor shall furnish the Principle Representative with a written guaranty for one year covering all labor,materials
and workmanship incorporated in the work. The Contractor, in instances of work performed or material or equipment
furnished for which warranties are required by the specifications,shall procure such warranties and deliver them to the
Principle Representative on completion of the work. Such warranties will no way lessen the Contractor's responsibilities
under the Agreement. Whenever warranties or guarantees are required by the specifications for a period longer than one
year,such longer period shall govem. Written guaranties must be received by the Principle Representative before final
payment will be approved.
Article 53. ASSIGNMENT
The Contractor shall not assign the whole or any part of this Contract as any moneys due or to become due hereunder
without the written consent of the Principal Representative. No assignment without said prior approval shall be valid. In
case the Contractor assigns all or part of any moneys due or to become due under this Contract, the instrument of
assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any
moneys due or to become due to the Contractor shall be subject to all claims of all persons,firms,and corporations for
services rendered or materials supplied for the performance of the work called for in this Contract,whether said service or
material were supplied prior to,or after the assignment.
Article 54. LIENS
There is no right of Mechanic's Lien against publicly-owned property in the State of Colorado. However,as outlined in
Article 51 SETTLEMENT, unpaid labor and/or materials suppliers for the work are by law provided certain alternate
remedies.
Article 55. POST-COMPLETION INSPECTIONS
Final payment made to the Contractor on account of the work shall not operate to relieve the Contractor of responsibility for
faulty material or workmanship,and unless otherwise provided the Contractor shall remedy any defect due thereto and pay
for any damages resultant therefrom which shall appear within one year from the date of final acceptance of the work,
which date will be that of the Final Inspection and Certificate of Completion.
If the Contractor fails promptly to correct the punch list items resulting from such inspections,the Principle Representative
may correct such defects and deficiencies and backcharge the Contractor for the cost thereof.
Article 56. CORRECTION OF WORK AFTER ACCEPTANCE
The Certificate of Completion,final payment,nor any provision in the Contract Documents shall relieve the Contractor of
responsibility for faulty materials or workmanship,and,unless otherwise specified,he shall remedy any defects due thereto
and pay for any damage to other work resulting therefrom,which shall appear within a period of one year from the date of
Colorado Division of Minerals and Geology GENERAL BID SPECIFICATIONS
June 1,2002 Page 13