_GENERAL DOCUMENTS - C1981048 ‎(3)‎

• Permit No: C1981048
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Name: PKA-9-440
• Permit Index Doc Type: Reclamation Projects
• Media Type: D
• Archive: No

CO— STATE OF COLORADO Agreement
Project Name: Trinidad Basin Mining
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Project No.: MVC-MINES-348
This Agreement is between the State of Colorado, by and acting and through the Department of Natural
Resources,Division of Minerals and Geology,hereinafter called the PRINCIPAL REPRESENTATIVE,and Kessler
Reclamation, P.O. Box 41, Rockvale, Colorado 81240, hereinafter called the CONTRACTOR.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient uncommitted balance thereof remains available for encumbering and'subsequent
payment of this contract, subject to any additions and deductions, as provided for in Article 47 of the
General Conditions of the Contract,the sum of Sixty-Five Thousand, Eight Hundred and Thirty-Five Dollars
($ 65,835.00 ), [Fund , Appr , GBL , Contract Encumbrance Number_
] as provided for in Article 38, of the General Conditions of the Contract; and
WHEREAS, the legislature has declared it to be a State policy that reclamation of land affected by mining
is both necessary and proper and to promote the reclamation of mined areas left without adequate
reclamation which continue in their unreclaimed condition to degrade the quality of the environment or to
endanger the health or safety of the public (34-33-102 C.R.S. as amended); and
WHEREAS, The Governor has designated the Division of Minerals and Geology as the agency responsible
for inactive mine reclamation in Colorado; and
WHEREAS, one of the duties of the Inactive Mine Reclamation Program is to cooperate with other State
agencies and institutions in the implementation of the Colorado Mined Land Reclamation Act and the
Colorado Surface Coal Mining Reclamation Act (34-21-101 C.R.S. as amended);
NOW THEREFORE it is hereby agreed that:
1. The Contractor agrees to furnish all the work, labor and materials and perform all the work required
for the complete and prompt execution of everything described or shown in, or reasonably implied
from the Contract Documents, including the Drawings and Specifications for the above described
project.
2. The Contractor agrees to do the work in a first class, substantial and workmanlike manner to the
satisfaction of the State of Colorado and its Project Manager in strict accordance with the provisions
of the Contract Documents, including the Drawings and Specifications.
3. The Contractor agrees to complete the entire project within 40 calendar days from the date of the
Notice to Proceed, to begin work within ten.(10) days from the Notice to Proceed and to prosecute
the work with due diligence to completion.
4. The Contractor agrees that the completion of the project within this time limit is an essential feature
of this Agreement and agrees to proceed with due diligence, taking all precautions and making all
necessary arrangements to insure the completion of the work within the prescribed time.
5. The Contractor agrees that his .failure to complete the work within the time allowed shall be
considered as a breach of the Contract and entitle the State of Colorado to collect Liquidated
Damages for delay in completion, in accordance with Article 40, of The General Conditions and the
Special Conditions of the Contract.
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