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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
<br />designee. The Colorado Division of Reclamation, Mining and Safety (DRMS) is located at 1313 Sherman Street, Room
<br />215, Denver, Colorado, 80203, telephone (303) 866 -3567.
<br />PROJECT MANAGER - The Director of the Colorado Division of Reclamation, Mining and Safety or the DRMS employee
<br />or representative responsible for day to day observation of project work at the job site, and general contract administration
<br />for the DRMS.
<br />CONTRACTOR OR SELLER - The sole proprietorship, partnership, or corporation to which the Purchase Order is
<br />addressed.
<br />PURCHASE ORDER CONTRACT DOCUMENTS - An enforceable contract in that it is written evidence of the purchasers
<br />acceptance of the seller's previous and unretracted offer to perform the work subject of the purchase order for the price
<br />stated therein. The Purchase Order Contract includes the Bid, bid Schedule, General Conditions, Insurance Certificates,
<br />Purchase Order Terms and Conditions, Bid Solicitation Memorandum, including Work Description, maps, drawings and
<br />any Amendments These documents are complementary; what is called by for any one document shall be as binding as if
<br />called for by all.
<br />In case of a difference between the contract documents, precedence shall be given in the following respective order: Bid,
<br />Bid Solicitation memorandum, General Conditions, Purchase Order Term s and Conditions, maps and Drawings,
<br />Amendments shall take precedence in the area of the bid document which they modify or clarify. In the case of any such
<br />difference, the matter shall be promptly brought to the attention of the PROJECT MANAGER who will make a
<br />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
<br />the performance of labor at the site of the work regardless of whether supplying of material is part of such contract, but
<br />without contractual relationship to the purchaser.
<br />SUPPLIER - A sole proprietorship, partnership or corporation which over - the - counter or under contract furnished the
<br />CONTRACTOR material or equipment incorporated in the work or otherwise incident to the CONTRACTOR'S
<br />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
<br />the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work,
<br />including average climatic conditions and the general and local conditions which can affect the work or the cost thereof.
<br />Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully
<br />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
<br />bid meets the requirements and criteria set forth in the Invitation for Bid. These criteria will include, but not be limited to
<br />the lowest GRAND TOTAL PRICE, corrected if necessary for errors in price extension and /or addition, and capability to
<br />meet the performance time requirements. The GRAND TOTAL PRICE will 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 />As of 01/08/09
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