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GENERAL CONDITIONS 1. DEFINITIONS OWNER or PURCHASER - Wherever the term OWNER or PURCHASER is used, it shall mean the rec r of the State of Colorado Mined Land Reclamation Division (NERD) or designee. The Colorado Mined Land Reclamation Division is located at 1313 Sherman Street, Roan 215, Denver, Colorado, 80203, telephone (303) 866-3567. PROJECT MANAGER - Wherever the term PROJECT MANAGER is used, it shall be cons rue mean the Director of the State of Colorado Mined Land Reclamation Division or the MLRD employee or representative responsible for day to day observation of project work at the project site. CONTRACTOR or SELLER - Wherever the term CONTRACTOR or SELLER is used, it sTia1~ the sore proprietorship, partnership, or corporation to which the Purchase Order 1s addressed. PURCHASE ORDER CONTRACT DOCUMENTS - An enforceable contract in that it is wri n evi ence o e pure aser's acceptance of the seller's previous and unretracted offer to perform the work subject of the purchase order for the price stated therein. The Purchase Order Contract includes the Invitation and Bid sheet, Bid Sdiedule if any, Bonds, Insurance Certificates, Invitation for Bid Instructions, Terms and Conditions, General Bid Specifications, Special Conditions, Drawings and any Amendments. These documents are complementary; what is called for by arty one document shall be as binding as if called for by all. In case of a difference between the contract documents, precedence shall be given 1n the following respective order: Invitation and Bid Sheet, Special Conditions, General Bid Conditions, Invitation for Bid Instructions, Terms and Conditions, and Drawings. Amendments shall take precedence in the area of the bid document which they modify or clarify. In the case of any such difference, the matter shall be pranptly brought to the attention of the PROJECT MANAGER who will make a determination in writing. WORK - The material and/or labor the seller is to furnish to the purchaser by operation of the purchase order. SUBCONTRACTOR - A sole proprietorship, partnership or corporation which has a con roc wi the CONTRACTOR for the performance of labor at the site of the work regardless of whether supplying of material is part of such contract, but without contractual relationship to the purchaser. SUPPLIER - A sole proprietorship, partnership or corporation which over-die-counter or under contract furnishes the CONTRACTOR material or equipment incorporated in the work or otfierwise incident to the CONTRACTOR'S performance, but which performs no labor at the work site. MLRD-1 -