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HomeMy WebLinkAbout262877 RTN ROOFING SYSTEMS - PURCHASE ORDER - 9136552Fort Collins Date: 04129/2014 Vendor: 262877 RTN ROOFING SYSTEMS 5854 LOCKHEED AVE LOVELAND CO 80538 PURCHASE ORDER PO Number Page 9136552 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 12/05/2013 Buyer: DOUG CLAPP Note: ref. annual roofing contract #7082 Line Description Quantity UOM Unit Price Extended Ordered Price 2 Change order# 1-4/15/14 1 LOT EA 2,198.00 add roof vents 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 $2,198.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terris and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state ad local taxes. Our Exemption Number is 9"502. Fdml Excise Tax Exemption Cmificam of Registry g4.6000587 is registered with the Colledm of Internal Revenuq Drover, Colorado (Ref. Colorado Revised Statism 1973. Chapter 39-26, 114 (a). Goods Rejoeted. GOODS REJECTED due to failure m meet spaifications, either when shipped or due to defects of damage in transit, rimy be rembd to you for credit ad we not to be replaced except upon receipt of written imwclions from the City of Fart Collins. Inspection. GOODS are subject to the City of Fall Collins inspection on amval. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of port Collins. However, it is to be understood tlatFINAL ACCEPTANCE is dependent On completion of.I I applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fiat Collins, 700 Wood St., Fall Collins, CO 80522. unless wberwix specified oa Nis order. If permission is given 1. Prepay frtrght and cboom sepaately, the original freight bill must -co-- nv invoice. Additional chmwxm for eackfg will not be womtd. Shipment Distance. Where maandbuturas have distributing points in carious parts of the country, shipment is expected from the mo rest distribution Point to destination, and excess fight will be deducted from Invoice when shipments we made flow greeter bounce. Permits. Seller shall procure at sellers sole cost all necessary permits, mrsificara and licenses required by all applicable laws, regulations, ordinances and roles of the suite, municipality, normory or political subdivision where the work is performed, or required by any other duly constitumd public authority havingjundiction over she work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an alerted or established violation of an, such laws, republics, ordinances, Oulu, and requirements. Authorization. All partial to this contrast agree that he representatives are, in Net, bona fide and possess full and complete authonly to bind said parties. LIMTfAT10N OF TERMS. This purchase Order expressly limits acceptance W the terms and conditions stated herein set forth end any supplementary or additional m. and conditions annexed hereto or incorporated herein by Amount. Any additional or dlffenew tarn and conditions proposed by seller am objected to and hereby refueled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mnoot make complete shipment to ,rive an your promised delivery date a noted. Time is of the essence. Delivery and performance most be effected within the time slated on the purchase order and be documents crushed hereto. No ace, of be Puml asers including, without limitation, acceptance criminal late deliverim, shall operate as a waiver of Nis provision. In the even of any delay, the Purchaser shall have, in addition in other legal cal equitable remedies, be option ofplaring this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a mull of delays due to causes not reasonably foreseeable which are beyond its masomble control and without its fault of negligence, such aces of Gad, acts ofcivil or military authorities, governmental priories, fires, strikes, Bad, epidemics, warsor riots provided that notice Of, conditions causing such delay is given m the Purchaser within Five U) days orthe time when the Seller first received knowledge thereof In the event of any such delay, the dam Of delivery shall be extended for the period equal to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work crveml by this order will conforn with applicable drawings, spaifmtios, samples anchor other descriptions given, will be fit for the purposes intended, and pert ed with the highest degree of cam and competence in acmrdame with escorted standards for wing, of a similar wore. The Seller agrees to hold the purchn., harmless form any loss, damage or expense which the Purchaser may suffer m incur not account of the Sellers beech of waranty. The Seller shall replan, repair or make good, without cost to be purchaser, any defccu or faults ansing within one (1) year at within such longer Pend of time as may bu presmbed by law or by be terms ofany applicable wmmnly provided by the Seller him ttrc date of acceptance of the goods bmhhd hereunder (acceptance not to be wreasonably delayed), mulling from imperf t or defective work done or materials fthembed by the Seller. Acceptance m use of good by the Purchaser shall not constitute it waiver of any claim under Nis waranry. Except or otherwise provided in this purchase when, the Sellers liability hereundm shall extend to all damages proximately caused by the breach of any of the foregoing warnhm or guarantees, but such liability shall in no event include loss ofprofits 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 changer to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the moms. Other than legal terms, including additions to or deletions from be quantities originally ordered in the speOfimtiom or drawings, by verbal or women change order. If any such change affects the amount due or the time oflrerfommace hereunder, an equitable adjustment shall be made. &TERMINATIONS. The forehasa may at any time by written change order, tenainme this agreement as be anY or all pomima of the good then not shipped, subject to any equitable adjustment between be parties as to any work or materials then in progress provided that be Purchaser shall not he liable for any claims for anticipated profiu on the uncompleted portion of the goods a dow work, for incidental or consequential damages, and that an such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such termination bell relieve the Purchaser or the Seller ofany oftheir obligations as to any good delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change art termination is ordered. B. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been Produced, sold, delivered and famished in strict omplianee with all applicable laws and regulations 1. which the good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncoryommd in agreements of this character art hereby momrsomted herein by this mfereme. The Seller agrees to indemnify and hold the Purchaser hamdas fmm all cots and damages suffered by the Purchaser as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall mign, h arat or convey this order, or any monies due or to become due hereunder without the prior wrinen consent ofthe other parry. 10. TITLE. The Seller warms full, dam and umesuicted title 10 be Purchaser for all equipment, mmcrials, and items famished in Performance of this agreement, free and clear of any and all liens, restrictions, nervations, security intent encumbrances and claims of orders. 11. NONWAIVER. Failure of the Poohsser to insist upon stria performance of the terms and conditions hereof failure or delay, to cremise my rights art readies provided herein or by law, failure 10 Promptly notify the Seller in the event of is brmeb, the accepmn a o(or payment for goods hereunder or appmval orris, design, shall not release the Seller of any of the warranties or obligations of this purchase older and[ shall rot be declared a waiver of any night of the puohaserto insist upon strict heif.. hereof., any of its rights err remedies as to any such grads, regardless of when shipped, received or accepted, as to any prior m subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser opeme as a waiver of any of We terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and be Purchaser recognize that in actual economic practice, overcharges newhing from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the PureM1aser any and all claims it may now have or hereafter acquired under fdeml or sm a emilnntl laws for such momborgm relating to the particular goods or services purchased or acquired by Ne Purchaser pursuant in this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaer directs fe Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thenRer indicates its inability or unwillingness to comply, the Purchaser may muse the work m be Performed by the most expeditious means available to it, and the Seller shall pay all cases acwciwAI with such walk. The Seller shall release be Purchaser and its contractors of any her floor all liability and claims of any nature resulting fmm the performance ofmch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's ematmdoal nbligmiom, including warramy, ,ball not be deemd 10 be reduced, in any way, because such work is performed or comod 1. be perfom:d by the Purchaser. 14. PATENTS. Whenever be Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, he Seller shall indemnify and save harmless the Purchaser form any end all claims for iufringement by team. of the use of such parented design, device, malenal or process in connection with the contract, and shall indemnify the Purchaser fro any cat, expense art from, which it may be obliged a Pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or fe intended use of the goods, is in such suit held m constitute infringement sad the use of said equipment or pan is enjoined, Ne Seller shall, at its owns expense and a1 its option, either procure for the pro, ma the right m common in, said equipment or parts, replace the same with substantially equal but noninfringing clui,.t, or codify n son becomes nohnfnnglug. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpt. make an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers pmpeny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dctimliolu.Rama used or the interpretation off, a menterit and the rights of all parties hereundm skull be oastrued under and governed by be laws ofthe Sate of Colon la, USA. The following Additional Conditions apply only in comes, where the Seller is to perform work hereunder, including the services of Sellers Repremrative(sk on the ptemims ofolhers. 19. SELLERS RESPONSIBILITY. The Seller shall nrry on said work at Seller's own nick until be canine is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work andror mmesimi before Seller's final completion end acceptance, complete the work at Seller's own <.,. and to be satisfaction of the Purchaser. When materials and equipment are punished by tituns for installation m emcfn by the Seller, fe Seller shall nave, unload, score and handle same at not, sae and become responsible therefor as though such materials anchor equipment were being fiunishd by be Seller under the coda. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to bell dependents in accordance with the laws of the state in which the wog, is to be done. The Seller shall also cony comprehensive geneol liability including, but not limited to, contractual and automobile Public liability insurance with hchly injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his nna-shms, if any, m provide for such comperwefion and isuwnce. Before any of the Sellers or his contractors employees shall do any work upon the premises of orders, the Sella shall ftunish Ne Purchaza with a certificate that such cmrn a ion and insurance (rave been provided. Such ocni0mtes ,ball specify the due wEm such compensation and insurance box been provided. Such tectifcal. shall specify the date when such compensation and insurance expire. The Seller agrees that such compncsi lion and imuaatt shall be maintained unfit after the entire work is completed our accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whaaoever to persons or property caused by or resulting from the execution orb, work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pcojimmr and any r all of the Purchasers officers, agents and employees from and against any and all claims, Imses, damages, charges or expenses, whether direct or indirect, and whether to persons or popery to which the Purchaser may hit, put or subject by .,no of any act, action, neglect, omission or default on the pan of the Seller, any of his conrnors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought egmmotthe Pumbaser, or its Offcers, agents or employees at any time on account or by reason of any not, action, neglat, omission or default of be Seller of any of has contractors or any Of its or their officers, agents or employers as aforesaid, the Seller hereby agrees m assume f defense thereof and to defend the same to the Sellers own expense, to pay, any and all cores, charger, atbmrys fees and Other expenses, any nod all pogroms, that may he incurred by cr obtained against the Purchaser or my of is ne their Officers, agents or employees in such suits or other Proceedings, mod in case judgment Or order lien be placed upon or abai d against the popery of the purchaser, or said Ionia in or as a result of such suits or other praediags, me Seller will st a.. muse the same to be dissolved aad dischatgd by being bond or otherwise. The Seller war his cembe ia. shall take all safely promotions, furnish and install all guards necesary for the poeventiou of accidents, comply with all Wws and regulations with regard in safety including, but without limitation, be Occupational Safety and Health Act of 1970 and all rules and regulations issue pursuant be.. Revised 03I2010 F6rtCity0f Collins PURCHASE ORDER PO Number Page 9136552 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 04/29/2014 Vendor: 262877 Ship To: OPERATIONS SERVICES RTN ROOFING SYSTEMS CITY OF FORT COLLINS 5854 LOCKHEED AVE 300 Laporte Avenue LOVELAND CO 80538 Building B FORT COLLINS CO 80521 Delivery Date: 12/05/2013 Buyer: DOUG CLAPP Note: ref. annual roofing contract #7082 Line Description Quantity Ordered UOM Unit Price Extended Price 1 Mulberry Pool 1 LOT LS 13,061.00 Cut back EPDM membrane to remove wet insulation. Install new insulation. Replace EPDM. reference quote dated 11/15/13 Contact: Mel Winden ph# 970-5667045 2 Change order # 1 - 4/15/14 1 LOT EA 2,198.00 add roof vents 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 Total $15,259.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on you promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care 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 suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to 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 goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use 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 infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, 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 equal but nor infringing equipment, or modify it so it becomes noninfiinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010