HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9141645Fort Collins
Date: 03/18/2014
Vendor: 108423
VOGEL CONCRETE INC
6330 S COLLEGE AVE
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9141645 1of6
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 FORTNER ROAD
CITY OF FORT COLLINS CO 8052
Delivery Date: 03/18/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I DTC Concrete -Bike Library
Quote 411 dated 3/11/2014
1 LOT LS
1,995.03
In addition to the City of Fort Collins Standard Purchase Order Terms and Conditions, the following Federal
clauses apply to this purchase order.
1.NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the Federal Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to
that contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify
the subcontractor who will be subject to its provisions.
2.PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part
31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor
certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes
to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being
performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it
makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986
on the Contractor to the extent the Federal Government deems appropriate.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.mm
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PO
PURCHASE ORDER 914164er Page
Cliff/ of PURCHASE
9141645 z of s
' `t Collins
This number must appear
` ` 1 1�7 on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with a
project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority
of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49
U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify
the subcontractor who will be subject to the provisions.
3.ACCESS TO RECORDS AND REPORTS
Access to Records - The following access to records requirements apply to this Contract:
A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA
Administrator, the Comptroller General of the United States or any of their authorized representatives access to
any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49
C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor
access to Contractors records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)l, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307,
5309 or 5311.
B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.
C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a
period of not less than three years after the date of termination or expiration of this contract, except in the event
of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees
to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly
authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
Reference 49 CFR 18.39(i)(11).
D. FTA does not require the inclusion of these requirements in subcontracts.
4.FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives,
including without limitation those listed directly or by reference in the Master Agreement between Purchaser and
FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's
failure to so comply shall constitute a material breach of this contract.
5.TERMINATION
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:pumhasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9141645 3016
This number must appear
on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
a. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written
notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs,
including contract close-out costs, and profit on work performed up to the time of termination. The Contractor
shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any
property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the
manner the City directs.
b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery
schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract,
or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract
for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the
manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of performance set forth in the
contract.
If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a
strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after
setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow
the Contractor 30 days in which to cure the defect. In such case, the notice of termination will state the time
period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to The City' s satisfaction the breach or default of any of the terms, covenants, or
conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from the City setting
forth the nature of said breach or default, the City shall have the right to terminate the Contract without any
further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City
from also pursuing all available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by
Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's
remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
&DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The
national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal
for DBE participation is 9.9 %. A separate contract goal [has not] been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of
this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a
material breach of this contract. which may result in the termination of this contract or such other remedv as Cit
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9141645 4 of 6
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the
assurance in this paragraph (see 49 CFR 26.13(b)).
The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means
throughout the period of performance.
c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the contractor' s receipt of payment for that work from the
City of Fort Collins. In addition, Contractor is required to return any retainage payments to those subcontractors
within 30 days after incremental acceptance of the subcontractor' s work by the City of Fort Collins and
contractor s receipt of the partial retainage payment related to the subcontractor' s work.
d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work
related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage
another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any
DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written
consent of City of Fort Collins.
7-INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or
not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set
forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other
provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or
refuse to comply with any City of Fort Collins requests which would cause the City of Fort Collins to be in
violation of the FTA terms and conditions.
8.CARGO PREFERENCE REQUIREMENTS
Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United
States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry
bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities
pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for
United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for
shipments originating within the United States or within 30 working days following the date of leading for
shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -
lading in English for each shipment of cargo described in the preceding paragraph to the Division of National
Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient
(through the contractor in the case of a subcontractor's bill -of -lading.) c. to include these requirements in all
subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment,
material, or commodities by ocean vessel.
9. ENERGY CONSERVATION REQUIREMENTS
Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PONumberPage
Clty. of PURCHASE
9141645 s of s
`t CThis number must appear
` Collins1' on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
10. ADA Access
Accessibility. Facilities to be used in public transportation service must comply with 42 U.S.C. Sections 12101 et
seq. and DOT regulations, " Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; and
Joint ATBCB/DOT regulations, " Americans with Disabilities (ADA) Accessibility Specifications for Transportation
Vehicles," 36 CFR Part 1192 and 49 CFR Part 38. Notably, DOT incorporated by reference the ATBCB' s "
Americans with Disabilities Act Accessibility Guidelines" (ADAAG), revised July 2004, which include accessibility
guidelines for buildings and facilities, and are incorporated into Appendix A to 49 CFR Part 37. DOT also added
specific provisions to Appendix A modifying the ADAAG, with the result that buildings and facilities must comply
with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37.
P14
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.mm
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 6 of 6
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt fmm stoic and level tries. Our Exemption Number is
11. NONWAIVER,
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the tetras and conditions hereof, failure or delay no
Internal Be,—,, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for gomB hereunder or appmval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due m failure to men specifications, either when shipped or due to defects of
any of am wartanIt. or obligations of this purchase offer and shall not be deemed a waiver of nay fight of the
damage In transit, may M reamed to you for credit and are not to be replaced except upon receipt of written
Purchaser to Insist upon shirt perfor antt hermfor any of Its fights or tnnWles as to any such goods, regardless
instmmom fat the City of Fort Collins
of wbm shipped, eeceived a, recepted, OR an any Our or subsequmt default hereunder, nor shall any purported
-cal maddication or resrissim of this Posthaste offer by the Purchaser operate us a waiver of my of the teas
Inspection. GOODS are subject w the City of Fon Collins impaction an arrival.
bersof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can mull in
12, ASSIGNMENT OF ANTITRUST CLAIMS.
amhodzed payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of.11 applicable required imps inn procedures
violations are in Oat home by the Purchaser. Theretofore, far goad cause and as consideration for executing this
purchase oMe,. the Seller hereby acsignx to tire Purchaser any and all claims it may now have or hereaner
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 900 Wood St., Fort Collins, CO 80522, unless
acquired under federel or suite antiaust laws for such overcharges relating to the particular goods or services
otherwise specified on this offer. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant a this pmchase ord,
bill most accompany invoice. Additional charges for Waking will not be accepted.
13_ PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distinct, Whert manufacturers have dearibming Turn, in wnrioa pans of the country, shipment is
If the Purchaser directs the Seller to correct nonconf mg or defective good by a date a b, agreed upon by the
expected fat the ncaral distribution Point to destitution, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its imbiliry or unwillingness in comply. the Purchaser
shipments are made fmm greater distance.
may cause the work to be performed by the most expeditions =am available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall pmcum at sellers sole cast all necessary permits, certifientm and larynxes required by all
applicable laws, regulations, ordinances and roles Of the state, municipality, territory or political subdivision where
The Seller shall release the Purchaser and its contactors of any tier fmm all liability and claims of any nature
the work is performed, or r paired by any other duly consti nded public authority having jurisdiction o'er the work
resulting firma the performance of such work,
of vendor, Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lives
incurred by them by rem an of an named or c ublams! violation of any such laws, regulations, ordiwnces, tales
This relee shall apply even in the event of fault of negligmee of the puny released and shall exteto nd the
as
arm requirements.
directors, oMO. ard employees ofmch party.
Authorization. An for m this contact agree that the representatives aor. in fan, bona fide and possess fall Road
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order aprasly limits acceptance a the if. and conditions stood
herein set forth and any supplementary or additional tears and conditions annexed hereto or incorporated herein by
reference. Any additional or adherent terms and conditions proposed by seller arc objected In and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your
premised delivery date as noted. Time is of the counter. Delivery and performance must be effected within the time
sorted on the purchase order and the documents attached hereto. No tuts of the ruminants including, without
limitarion, acceptance of pnial late deliveries, shall operate o a waiver of Nis provision In the event of my delay,
the Purchaer shall have, in addition to other legal and equitable remedies, the option.(placing this oMer elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable far damages OR a result of delays
due to causes not reasonably foreseeable which are beyond its masaable control and without its fault of negligence,
such... of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, Good, epidemics, wars or
arts provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of 'he
time when the Seller first received knowledge therm[ In the event of any such delay, the date of delivery shall he
extended for the period equal to the time scmally last by reason offle delay.
3. WARRANTY.
The Seller wmanu Had all good, articles, materials and work coveted by this offer will conform with applicable
drawings, specifications, samples =War other descriptions given, will he fit for the purposes intended, and
performed with the highest degree of cam and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may sutler or incur on -count of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without vast to the purcha-u any defects or faults arising within one (1) year or within such longer period of
time ss may be prescribed by law it, by the mats of any applicable warranty provided by the Seller after the dare of
mcepfance of the goods famished hereunder (acceptance rot to bar unreawnably delayed), resulting from imperfect
or defective work done or materials fiunislud by the Seller. Accepaae or tram of goods by the Proxima shall Out
mrstime a waiver of any claim under this wasranry. Except as otherwise pmvidcd in Nis purchase order, the Sellers
liability hereunder shall extend to all damages pmximamly caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal mom by written change order.
5. CHANGES IN COMMERCIAL TERMS.
TM1e Purchaser may nuke any changes to are terms. other flan legal terns, Imbibing additions to or deletions fmm
the quantities originally ordered in the specifiwtiom or drawings, by verbal or women change offer. If any such
change aliens the amount due or the time.fperfonnana hereunder, an e n iable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement es to any or all W,ti.m of the
good then nor shipped, subject to any eqt imblo adjustment between the parties o to any work car materials then in
progress provided that the Purchaser shall not be liable for any claims Ivor anticipated pmfirs on the uncompleted
portion of the goads ardor work, for mcidenuil or eom'equential damages, and that no such adjustment be aside in
favor of the Seller with taped to any goods which an, the Sellers sandard sack. No such urrahaaon shall relieve
the Purchaser at the Seller of any ofthcir obligations as to any goods delivered heteuMer.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be owned within Nary (30) days from the dam the change oe termination is
surveyed.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumiSh d in stdct
compliance with all applicable laws Rod regulations to which the goods on, subject. The Seller shall execute and
deliver such drea menu o may be rtquircd to effect or evidence compliznm. All bays and mralat room ampired to be
incmpomted in agreements of this chroafter are hereby incur oasts herein by this micreme. The Seller agrees to
indemnify and Mld the Purchaser harmless from all costs and damage suffered by tar Pumhuer as a mull of the
Sell. failure to comply with such law.
9. ASSIGNMENT.
Neither party, shall oup, transfer, or convey this order, or my monies due or to become due hereunder without he
prior wdnen consent of the other parry.
10. TITLE.
The Seller weans fall, clear and ufuestricted title m the Purchase, for all equipment, materials. Rod it. famished
in performance of this it wemen4 fife and clear of my aM all lien, restrictions, reservations, sauriry intcrtst
encumbmn es and claims raiders.
The Sellers contractual obligations, including warranty, shall not be d«med to be reduced, in any way. because
such work is performed or caused to be performed by the Is -chaser.
14. PATENTS.
Whenever the Seller is required muse any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inMngsment
by reason of the use of such patented design, device, material im Aromas in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obligM to Pay by reason of such
inGngement at any time during the prosecution or after the completion of the work. In case said a)uipment, or
any an thereof He the amended tom of the good, is in such suit held w comtitum iufiingemmt mM the use of
said equipment or pan is; rejoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially .yml but
naninfringing equipment, or modify it so it becomes HorticGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bard mpt, make an assignment for the benefit of creditors, appoint a
reverser or trustee fat any of the Sellers proerty por business, His order may forthwith be canceled by the
Purchaser witbnut liability.
16. GOVERNING LAW.
The definitions of terms used or the mon, nation affair agreement and the rights.( all panic hereunder shall be,
."oil under and governed by the laws of the State ofColaada, USA.
The following Additional Conditions apply only in cases where the Seller is w perform work hereunder,
including the services of Sellers Reprcsenmtive(s), on the premises afothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed aM accepted, Rod shall,
in rase of any accident, destruction or injury to the work a alfor morerals before Sellers fatal completion and
acceptance, camplem the work 91 Sellers own expense and w the satisfaction of the Purchaser. When trufm ds
and egiipost arc famished by others for imrallmion car friction by the Seller, the Seller shall rtcene, makend
store and handle some at the site and became responsible therefor as though such mmeriah Real equipment
were being famished by 0i Seller under the offer.
18. INSURANCE.
The Seller shall, at his own expense, provide fur the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work coverts by this purchase order,
and/or to their dependmrs in acesrdance with the laws of the sure in which the work is to be done. The Seller
shall also cony comprehensive genmal liability including, but not limited lif coumuniel and automobile public
liability insurance with bodily injury and death limits of at least SIDo,o00 for any one person. S500,000 for any
Him accident and properly damage limit per accident of S400,000. The Seller shall likewise reclaim his
contractors, unity, to provide for such compensation and occurrence. Before my office Seller or his contractors
employees shall do any work upon the premises of.Nets, the Seller shall famish the Pufhaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compenation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and imuance shall be mainuinM until after the
entire work u completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby acsoma the entire responsibility and Eabiliry for any and all damage, loss Or injury army kind
r nature whowitever a persons or property caused by or moulting fmm the aecution of the walk provided for in
this purchase aide, Or in camtttion herewith. The Seller will indemnify and hold harmless the Purchase: and any
r all of the Purchasers oDicm, agents end employees from and against any and all claims, losses, damages,
Outages or expenses, whether direct or indirect, and whether to persons or property to which the Pumhoer may
be put or subject by reason of any act, action, neglect, omission or default an the part of the Seller, any Of his
conbmdors, or any of the Sellers or contmcors officers, agents or employees. In case any suit or other
proceedings shall be brought against the purchaser, or its oRcm, agents or employees at any time an account or
by aeumt of any nor, action, neglect, emission Or default of the Seller of any of his mvtru0ors or any of its Or
thew officers, agc cos or employees as aforesaid, the Seller hereby agrta in assume the defense therm( and Or
defend the tame at the Sellm own expense, to pay my and all cots, charges, attorneys fees end outer expenses,
my and all judgments that may be intoned by or shammed against the Purchase, or my of its or their attic.,
agents or employees in such suits or oMer praeedm , and in case judgment mother lien br placed upn or
obtained against the property, ofthe Purchocr, or said parties in or as a mult of such suits or other proceedings,
the Seller will at once cause the same w be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of
accidents, comply with all laws and rcgulatioan with regard to Harty including, but without limitation, the
Oom,sitio al Safety and Health Act of 1970 and all tales and regulations issued pursuum thercm.
Revised 03n010