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C0�o,� STATE OF COLORADO Agreement <br /> y� Project Name:Coal Basin/Rock Tunnel <br /> �1876 � <br /> * Project No.: PKA-6-372 <br /> This Agreement is between the State of Colorado, by and acting and through the Department of Natural <br /> Resources, Division of Minerals and Geology,hereinafter called the PRINCIPAL REPRESENTATIVE, and ERM <br /> Enviroclean - Rocky Mountain, Inc., 5950 Willow Dr., Suite 206, Greenwood Village, CO 801 1 1-51 44, <br /> 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 subsequent <br /> payment of this Agreement, under Fund , Appr , GBL , Contract Encumbrance <br /> Number ; and <br /> WHEREAS, the State is authorized to spend and will encumber a total of Seventy-Seven thousand Nine <br /> Hundred Seventy-Four Dollars ($77,974.00), including/excluding (Pick one only) contingency; <br /> WHEREAS, the legislature has declared it to be a State policy that reclamation of land affected by mining <br /> is both necessary and proper and to promote the reclamation of mined areas left without adequate <br /> reclamation which continue in their unreclaimed condition to degrade the quality of the environment or to <br /> enda[�ger a health qr itje <br /> ,,ty, of the public (34-33-102 C.R.S. as amended); and <br /> WHEREAS, The Governor has designated the Division of Minerals and Geology as the agency responsible <br /> for inactive mine reclamation in Colorado; and <br /> WHEREAS, one of the duties of the Inactive Mine Reclamation Program is to cooperate with other State <br /> agencies and institutions in the implementation of the Colorado Mined Land Reclamation Act and the <br /> Colorado Surface Coal Mining Reclamation Act (34-21-101 C.R.S. as amended); <br /> NOW THEREFORE it is hereby agreed that: <br /> 1. The Contractor agrees to furnish all the work, labor and materials and perform all the work required <br /> for the complete and prompt execution of everything described or shown in, or reasonably implied <br /> from the Contract Documents, including the Drawings and Specifications for the above described <br /> project. <br /> 2. The Contractor agrees to do the work in a first class, substantial and workmanlike manner to the <br /> satisfaction of the State of Colorado and its Project Manager in strict accordance with the provisions <br /> of the Contract Documents, including the Drawings and Specifications. <br /> 3. The Contractor agrees to complete the entire project within 65 calendar days from the date of the <br /> Notice to Proceed, to begin work within ten (10) days from the Notice to Proceed and to prosecute <br /> 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 feature <br /> of this Agreement and agrees to proceed with due diligence, taking all precautions and making all <br /> necessary arrangements to insure the completion of the work within the prescribed 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 the <br /> Special Conditions of the Contract. <br /> (over) <br />