2017-04-05_GENERAL DOCUMENTS - M1992076

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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 53. LIENS There is no right of Mechanic's Lien against publicly-owned property in the State of Colorado. However, as outlined in Article 50 SETTLEMENT, unpaid labor and/or materials suppliers for the work are by law provided certain alternate remedies. Article 54. 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 Principal Representative may correct such defects and deficiencies and backcharge the CONTRACTOR for the cost thereof. Article 55. ACCESS TO DOCUMENTS The CONTRACTOR shall grant access to the State, the Office of Surface Mining Reclamation and Enforcement, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers and records of the CONTRACTOR which are directly pertinent to this contract for the purpose of audit, examination, excerpts and transcriptions. All required records shall be retained for three years after final settlement and all other matters are closed. Article 56. CORRUPT INFLUENCES The signatories hereto aver that they are familiar with 18-8-301 of seq. (Bribery and corrupt influences) and 18-8-401, et seq. (abuse of Public Office), C.R.S., as amended and that no violation of such provisions is present. Article 57. COLORADO SPECIAL PROVISIONS THE SPECIAL PROVISIONS APPLY TO ALL CONTRACTS EXCEPT WHERE NOTED IN ITALICS. 1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. Colorado Division of Reclamation, Mining and Safety Page 20 of 22 Pages Revised: 8/25/2015