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2018-05-29_GENERAL DOCUMENTS - M1981118
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2018-05-29_GENERAL DOCUMENTS - M1981118
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M1981118
IBM Index Class Name
General Documents
Doc Date
5/29/2018
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Table Mountain Quarry Project
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The CONTRACTOR shall not assign the whole or any part of this Contract as any moneys due or <br /> to become due hereunder without the written consent of the Principal Representative. No <br /> assignment without said prior approval shall be valid. In case the CONTRACTOR assigns all or <br /> part of any moneys due or to become due under this Contract, the instrument of assignment shall <br /> contain a clause substantially to the effect that it is agreed that the right of the assignee in and to <br /> any moneys due or to become due to the CONTRACTOR shall be subject to all claims of all <br /> persons, firms, and corporations for services rendered or materials supplied for the performance of <br /> the work called for in this Contract, whether said service or material were supplied prior to, or after <br /> the assignment. <br /> Article 53. LIENS <br /> There is no right of Mechanic's Lien against publicly-owned property in the State of Colorado. <br /> However, as outlined in Article 50 SETTLEMENT, unpaid labor and/or materials suppliers for the <br /> work are by law provided certain alternate remedies. <br /> Article 54. POST-COMPLETION INSPECTIONS <br /> Final payment made to the CONTRACTOR on account of the work shall not operate to relieve the <br /> CONTRACTOR of responsibility for faulty material or workmanship, and unless otherwise provided <br /> the CONTRACTOR shall remedy any defect due thereto and pay for any damages resultant <br /> therefrom which shall appear within one year from the date of final acceptance of the work, which <br /> date will be that of the Final Inspection and Certificate of Completion. <br /> If the CONTRACTOR fails promptly to correct the punch list items resulting from such inspections, <br /> the Principal Representative may correct such defects and deficiencies and backcharge the <br /> CONTRACTOR for the cost thereof. <br /> Article 55. ACCESS TO DOCUMENTS <br /> The CONTRACTOR shall grant access to the State, the Office of Surface Mining Reclamation and <br /> Enforcement, the Comptroller General of the United States, or any of their duly authorized <br /> representatives to any books, documents, papers and records of the CONTRACTOR which are <br /> directly pertinent to this contract for the purpose of audit, examination, excerpts and transcriptions. <br /> All required records shall be retained for three years after final settlement and all other matters are <br /> closed. <br /> Article 56. CORRUPT INFLUENCES <br /> The signatories hereto aver that they are familiar with 18-8-301 of seq. (Bribery and corrupt <br /> influences) and 18-8-401, et seq. (abuse of Public Office), C.R.S., as amended and that no <br /> violation of such provisions is present. <br /> Article 57. COLORADO SPECIAL PROVISIONS <br /> THE SPECIAL PROVISIONS APPLY TO ALL CONTRACTS EXCEPT WHERE NOTED IN ITALICS. <br /> 1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has <br /> been approved by the Colorado State Controller or designee. <br /> 2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after <br /> the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, <br /> and otherwise made available. <br /> 3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or <br /> interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or <br /> Colorado Division of Reclamation, Mining and Safety <br /> Page 20 of 22 Pages <br /> Revised: 8/25/2017 <br />
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