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�tp0� CO�O,ji STATE OF COLORADO AGREEMENT <br /> NQ 9O QU P"ro o6o <br /> ic * <br /> 1876 <br /> � PROJECT NAME: TRINIDAD BASIN MINE <br /> PROJECT No.: PKA-9-440 <br /> THIS AGREEMENT IS BETWEEN THE STATE OF COLORADO, BY AND ACTING AND THROUGH THE DEPARTMENT OF <br /> NATURAL RESOURCES, DIVISION OF MINERALS AND GEOLOGY, HEREINAFTER CALLED THE PRINCIPAL <br /> REPRESENTA-nVE, AND PURGATOIRE VALLEY CONSTRUCTION, INC., 23478 HIGHWAY 1 2, TRINIDAD, COLORADO <br /> 8 1082, HEREINAFTER CALLED THE CONTRACTOR. <br /> WHEREAS, AUTHORITY EXISTS IN THE LAW AND FUNDS HAVE BEEN BUDGETED, APPROPRIATED AND OTHERWISE MADE <br /> AVAILABLE AND A SUFFICIENT UNCOMMITTED BALANCE THEREOF REMAINS AVAILABLE FOR ENCUMBERING AND <br /> SUBSEQUENT PAYMENT OF THIS AGREEMENT, UNDER FUND 270 , APPR 1 22 , GBL OBJ 23 1 1 <br /> CONTRACT ENCUMBRANCE NUMBER I gr -3_23 ; AND <br /> WHEREAS, THE STATE IS AUTHORIZED TO SPEND AND WILL ENCUMBER A TOTAL OF THIRTY SEVEN THOUSAND FORTY <br /> FOUR DOLLARS AND FORTY FOUR CENTS ($37. 044.44), INCLUDING CONTINGENCY; <br /> WHEREAS, THE LEGISLATURE HAS DECLARED IT TO BE A STATE POLICY THAT RECLAMATION OF LAND AFFECTED BY <br /> MINING IS BOTH NECESSARY AND PROPER AND TO PROMOTE THE RECLAMATION OF MINED AREAS LEFT WITHOUT <br /> ADEQUATE RECLAMATION WHICH CONTINUE IN THEIR UNRECLAIMED CONDITION TO DEGRADE THE QUALITY OF THE <br /> ENVIRONMENT OR TO ENDANGER THE HEALTH OR SAFETY OF THE PUBLIC (34-33-1 02 C.R.S. AS AMENDED); AND <br /> WHEREAS, THE GOVERNOR HAS DESIGNATED THE DIVISION OF MINERALS AND GEOLOGY AS THE AGENCY <br /> RESPONSIBLE FOR INACTIVE MINE RECLAMATION IN COLORADO; AND <br /> WHEREAS, ONE OF THE DUTIES OF THE INACTIVE MINE RECLAMATION PROGRAM IS TO COOPERATE WITH OTHER <br /> STATE AGENCIES AND INSTITUTIONS IN THE IMPLEMENTATION OF THE COLORADO MINED LAND RECLAMATION ACT AND <br /> THE COLORADO SURFACE COAL MINING RECLAMATION ACT (34-2 1-1 0 1 C.R.S. AS AMENDED); <br /> NOW THEREFORE IT IS HEREBY AGREED THAT: <br /> I . THE CONTRACTOR AGREES TO FURNISH ALL THE WORK, LABOR AND MATERIALS AND PERFORM ALL THE WORK <br /> REQUIRED FOR THE COMPLETE AND PROMPT EXECUTION OF EVERYTHING DESCRIBED OR SHOWN IN, OR <br /> REASONABLY IMPLIED FROM THE CONTRACT DOCUMENTS, INCLUDING THE DRAWINGS AND SPECIFICATIONS FOR <br /> THE ABOVE DESCRIBED PROJECT. <br /> 2. THE CONTRACTOR AGREES TO DO THE WORK IN A FIRST CLASS, SUBSTANTIAL AND WORKMANLIKE MANNER TO <br /> THE SATISFACTION OF THE STATE OF COLORADO AND ITS PROJECT MANAGER IN STRICT ACCORDANCE WITH <br /> THE PROVISIONS OF THE CONTRACT DOCUMENTS, INCLUDING THE DRAWINGS ANDS E I ICATIONS. <br /> 33 <br /> 3. THE CONTRACTOR AGREES TO COMPLETE THE ENTIRE PROJECT WITHIN-&r-- C, LElT0Afrl5AYS FROM THE DATE <br /> OF THE NOTICE TO PROCEED, TO BEGIN WORK WITHIN TEN ( 1 0) DAYS FROM THE NOTICE TO PROCEED AND <br /> TO PROSECUTE THE WORK WITH DUE DILIGENCE TO COMPLETION. <br /> 4. THE CONTRACTOR AGREES THAT THE COMPLETION OF THE PROJECT WITHIN THIS TIME LIMIT IS AN ESSENTIAL <br /> FEATURE OF THIS AGREEMENT AND AGREES TO PROCEED WITH DUE DILIGENCE, TAKING ALL PRECAUTIONS AND <br /> MAKING ALL NECESSARY ARRANGEMENTS TO INSURE THE COMPLETION OF THE WORK WITHIN THE PRESCRIBED <br /> TIME. <br /> 5. THE CONTRACTOR AGREES THAT HIS FAILURE TO COMPLETE THE WORK WITHIN THE TIME ALLOWED SHALL BE <br /> CONSIDERED AS A BREACH OF THE CONTRACT AND ENTITLE THE STATE OF COLORADO TO COLLECT LIQUIDATED <br /> DAMAGES FOR DELAY IN COMPLETION, IN ACCORDANCE WITH ARTICLE 40, OF THE GENERAL CONDITIONS AND <br /> THE SPECIAL CONDITIONS OF THE CONTRACT. <br />