2021-12-02_GENERAL DOCUMENTS - M1984072

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(f) The State may from time to time, under such terms and conditions as it may prescribe, make partial payments against costs incurred by the CONTRACTOR in connection with the termination portion of this Contract, whenever, in the opinion of the Principal Representative, the aggregate of such payments is within the amount to which the CONTRACTOR will be entitled hereunder. (g) The CONTRACTOR agrees to transfer title and deliver to the State, in the manner, at the time, and to the extent, if any, directed by the Principal Representative, such information and items which, if the Contract had been completed, would have been required to be furnished to the State, including: (1) completed or partially completed plans, drawings and information; and (2) materials or equipment produced or in process or acquired in connection with the performance of the work terminated by the Notice. Other than the above, any termination inventory resulting from the termination of the Contract may, with written approval of the Principal Representative, be sold or acquired by the CONTRACTOR under the conditions prescribed by and at a price or prices approved by the Principal Representative. The proceeds of any such disposition shall be applied in reduction of any payments to be made by the State to the CONTRACTOR under this Contract or shall otherwise be credited to the price or cost of work covered by this Contract or paid in such other manner as the Principal Representative may direct. Pending final disposition of property arising from the termination, the CONTRACTOR agrees to take such action as may be necessary, or as the Principal Representative may direct, for the protection and preservation of the property related to this Contract which is in the possession of the CONTRACTOR and in which the State has or may acquire an interest. (h) Any disputes as to questions of fact, which may arise hereunder, shall be subject to the provisions of ARTICLE 109 (REMEDIES) of the Colorado Procurement Code. Article 44. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped under an order of any court or other public authority for a period of three (3) months through no act or fault of the CONTRACTOR or of any one employed by him, then the CONTRACTOR may, on seven (7) days' written Notice to 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. Any claim by the CONTACTOR to stop work or terminate the Contract due to an alleged breach by the Principal Representative shall be subject to the provisions of ARTICLE 109 (REMEDIES) of the Colorado Procurement Code This provision shall not apply to work suspended due to conditions unsatisfactory for the prosecution of the work, including winter weather conditions. Article 45. 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. Colorado Division of Reclamation, Mining and Safety Page 17 of 22 Pages Revised: 7/18/2018