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Division of Mining, Reclamation and Safety <br />General Conditions for Purchase Orders <br />DEFINITIONS <br />OWNER OR STATE - The Director of the State of Colorado, Division of Reclamation, Mining and Safety (DRMS) or his designee. The Colorado <br />Division of Reclamation, Mining and Safety (DRMS) is located at 1313 Sherman Street, Room 215, Denver, Colorado, 80203, telephone (303) 866- <br />3567. <br />PROJECT MANAGER - The Director of the Colorado Division of Reclamation, Mining and Safety or the DRMS employee or representative <br />responsible for day to day observation of project work at the job site, and general contract administration for the DRMS. <br />CONTRACTOR OR SELLER - The sole proprietorship, partnership, or corporation to which the Purchase Order is addressed. <br />PURCHASE ORDER CONTRACT DOCUMENTS - An enforceable contract in that it is written evidence of the purchasers acceptance of the <br />seller's previous and unretracted offer to perform the work subject of the purchase order for the price stated therein. The Purchase Order Contract <br />includes the Bid, bid Schedule, General Conditions, Insurance Certificates, Purchase Order Terms and Conditions, Bid Solicitation Memorandum, <br />including Work Description, maps, drawings and any Amendments These documents are complementary; what is called by for any one document <br />shall be as binding as if called for by all. <br />In case of a difference between the contract documents, precedence shall be given in the following respective order: Bid, Bid Solicitation <br />memorandum, General Conditions, Purchase Order Term s and Conditions, maps and Drawings, Amendments shall take precedence in the area of <br />the bid document which they modify or clarify. In the case of any such difference, the matter shall be promptly brought to the attention of the <br />PROJECT MANAGER who will make a determination in writing. <br />WORK - The material and/or labor the seller is to furnish to the purchaser by operation under the purchase order. <br />SUBCONTRACTOR - A sole proprietorship, partnership or corporation which has a contract with the CONTRACTOR for the performance of labor <br />at the site of the work regardless of whether supplying of material is part of such contract, but without contractual relationship to the purchaser. <br />SUPPLIER - A sole proprietorship, partnership or corporation which over-the-counter or under contract furnished the CONTRACTOR material or <br />equipment incorporated in the work or otherwise incident to the CONTRACTOR'S performance, but which performs no labor at the work site. <br />2. CONDITIONS AFFECTING THE WORK <br />In addition to examining the drawings and specifications, completion schedule, and other instructions, bidders shall visit the site and take such <br />other steps as may be reasonably necessary to ascertain the nature and location of the work, including average climatic conditions and the general <br />and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating property <br />the difficulty or cost of successfully performing the work. <br />3. AWARD <br />Award will be made with reasonable promptness, by written notice to the low responsive and responsible bidder whose bid meets the requirements <br />and criteria set forth in the Invitation for Bid. These criteria will include, but not be limited to the lowest GRAND TOTAL PRICE, corrected if <br />necessary for errors in price extension and/or addition, and capability to meet the performance time requirements. The GRAND TOTAL PRICE will <br />be used for comparing bids only. <br />4. INSURANCE <br />A. The contractor shall obtain at his own expense, and maintain at all times during the term of this contract <br />insurance listed below. Proof of insurance must be submitted on certificates showing the following minimum <br />coverage: <br />1) Worker's Compensation Insurance as required by state statute, and Employer's Liability Insurance <br />covering all of contractor's employees acting within the course and scope of their employment. <br />2) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or <br />equivalent, covering premises operations, fire damage, independent contractors, products and <br />completed operations, blanket contractual liability, personal injury, and advertising liability with <br />minimum limits as follows: <br />a. $1,000,000 each occurrence; <br />b• $1,000,000 general aggregate; <br />C. $1,000.00 products and completed operations aggregate; and <br />d. $50,000.00 any one fire. <br />If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the contractor <br />shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the State <br />a certificate or other document satisfactory to the State showing compliance with this provision. <br />