_GENERAL DOCUMENTS - C1981017 ‎(267)‎

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Name: Bid Documents ‎(IMP)‎ South Basin Road
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

OF COl STATE OF COLORADO AGREEMENT
1876 PROJECT NAME: COAL BASIN MINE/SOUTH BASIN ROAD
RECLAMATION
PROJECT NO.: PKA-0-470
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 DIRT-N-IRON, INC., 1 685 1 7 ROAD, LOMA, CO 8 1 524, 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 AGREEMENT, UNDER FUND 270 APPR 133 GBL N/A
OBJ 23 1 1-09 ; CONTRACT ENCUMBRANCE NUMBER 01.g6d-71 ; AND
WHEREAS, THE STATE IS AUTHORIZED TO SPEND AND WILL ENCUMBER A TOTAL OF ONE HUNDRED FORTY FOUR
THOUSAND FOUR HUNDRED FORTY FOUR DOLLARS ($ 1 44,444.00), EXCLUDING CONTINGENCY;
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 (34-33-1 02 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 (34-2 I -1 0 1 C.R.S. AS AMENDED);
NOW THEREFORE IT IS HEREBY AGREED THAT:
I . 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 53 CALENDAR DAYS FROM THE DATE
OF THE NOTICE TO PROCEED, TO BEGIN WORK WITHIN TEN ( 1 0) 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.