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HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9143621Fort Collins Date: 06/27/2014 Vendor: 109184 LEWAN & ASSOCIATES 1608 S COLLEGE AVE FORT COLLINS CO 80525-1007 PURCHASE ORDER PO Number Page 9143621 1of6 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 06/26/2014 Buver: ED BONNETTE Note: PER QUOTE #73302 DATED 6/24/14 FROM SCOT RUCH & CINDY JACQUOT. PLEASE DELIVER TO JANET FREEMAN IN SOCIAL SUSTAINABILITY COTTAGE AT 321 MAPLE STREET. Line Description Quantity UOM - Unit Price Extended Ordered Price 1 Document Scanner Fujitsu f-6670; EPEAT Silver rated 1 LOT LS 4,251.00 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 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 PO PURCHASE ORDER 9143621 Page City of PURCHASE 9143621 z of s ' `tChis number must appear ` Collins1 1 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended on the Contractor to the extent the Federal Government deems appropriate. (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 Slate 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 Contractor's 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. ';'A aJ;i 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 PO Number Page City of PURCHASE 9143621 3 of 6 ' `t ( v ollins This number must appear ' 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 5.TERMINATION 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. 6.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 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 9143621 4ef6 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 remedy as City 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. &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 and Conservation Act. 9.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 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 PO PURCHASE ORDER 9143621 Page C.I'L)f of PURCHASE 43621 sot s ' `tCollins( This number must appear v " on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price with both the ADAAG and amendments thereto in Appendix A to 49 CFR Part 37. 10.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 subcontractors 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. 11.CITY OF FORT COLLINS BID PROTEST PROCEDURES The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing@fcgov.com <mailto:Purchasing@fcgov.com> or calling 970- 221-6775. 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 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. COMMERCIALDETARS. Tax exemptions. By statute tM City of Fort Collins is exempt farm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98414502. Federal Excise Tax Exemption Certificate of Registry M-6000582 is registered with the Collector of Failure of tbe Purchase, to buts. upon strict pafortwnce or the marts and conditions hereof, failure or delay m Internal Revenue, Denver, Colorado (Ref Colorado Revised Stamtes 1973, Chapter 39-26, 114 (a), exescise any rights or remedies pmnded herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance arm payment for goods hereunder or approval affair design, shall tot release the Seller of Goods Rejected. GOODS REJECTED due to failure Ins meet specificalions, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall rim be dcemed a voice, of any right of the damage in transit, may be rammed to you for credit and arc not to be replaced except upon receipt of writes Purchaser re insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from The City of Fort Collie. of when shipped, received or accepted, u to any prior or subsequent default humander, nor shall any pm anded oral modification or rescission of this pmchase maker by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Call ins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, smices or equipment in response to this arder can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Too Collins. However, it is to be understoa l no, FINAL Seller and the Purchaser recognise that in actual economic practice, o endurges resulting Tom antitrnst ACCEPTANCE, is dependent upon completion ofall applicable required inspection procedures, 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 file Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood SL, Fort Collins. CO 80522, unless acquired under, federal or sate ami. laws for such .1cargas reaim, as the pmicular goods or smices otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the, Purchaser pursuant to this purchae maker. bill must accompany invoice. Additional charges for Picking will not be reversed. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distribram, points in visaious pans of fir counlry, shipment is If the Purchaser direets the Seller In cortttx nonconforming or defective goods by a date to be agresnl upon by fbe expected Tom the nearest distribution point to destination, and excess freight will be dedunM farm Invoice when Purchaser and the Sella, and the Seller theseaRer indicates its inability rr unwillingness to comply, the Purchaser shipments art made from greater dommer, may cause the work to be performed by the most expeditions memo available to it, and the Seller shall pay all . costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, wtificams and licenses criminal by all applicable laws, regulations, ordinances and miles of the state, municipality, mom, or political subdivision where The Seller shall release the Pamheer and its contractors of any tier from all liability, and claims of any nature the work is perforated, or required by any other duly constituted public authority having jurisdiclion over the walk resulting farm the performance ofsuch work, of vendor. Seller further agrees to hold the City of Fon Collins hrrmless from and against all liability send lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements. directors, officers and employees of such parry. Autho imatlen. All parties to this contract agree that the reponamenives are, in fact, Was fide and lame. full and The Seller's contractual obligations, including warmly, shall not be dmmed to be moved, in any way, because complete authority to bind said panics. such work is performed or catered to be Performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temw and conditions anted herein set forth and any supplementary or additional an. and conditions annexed hereto or incoryommd Mae. 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 complem shipment 1. arrive oa year promised delivery date as noted. Time is of the essence. Delivery and performance most 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 parial lute deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser sbull have, in addition m 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 4s causes not reosmably foreseeable which are beyond its reasonable control and without its faultof negligaoe, such acts of God, acts ofeivil or military authorities, govemmenml priorities, fires, strikes, Book epidemics, wars or Huts provided that notice arrive conditions causing such delay is given m the Purchver within live (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the d to of delivery shall be extended for the penal equal o the interisland, lost by reason of the delay. 3. WARRANTY. The Seller wamnts dal all good, articles, mamermis and work covered by this order will conform with applicable drawings, specifications, samples andfor other descriptions given, will be fit for the purfaoses amended, and performed with the highest degree of. real competence in acearmove with scarred standards for work of a 'mil. ..or The Seller agrees ro hold the purchuer harmless farm any loss, damage or expense which the Pumhuer may sufferer me= an account of the Sellers breach elocutionary. The Seller shall replace, repair or make good, without cost o the purchaser, any defects or faults raising within one (1) year or within such longer period of time ns may be prescribed by law or by the marts of any applicable x'ararr y provided by the Seller after the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect r defective work done or materials famished by the Seller. Acceptance or we of goods by the Purchase, shall not elcula to a waiver of any claim unde, his 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 Ions of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERh1S. The Forename may make changes to legal moms by writer change order. 5. CHANGES IN COMMERCIAL TERMS. The Pan'he[r nay make any changev o the on.. other flan legal rears, including additimss to or deteinm fun the quantities originally ordered in Ne spaifieniou or drawings, by verbal or wdnen change miler. If any such change alirets the.... due .,,he time ofperf antehereunder, an equitable w1jusment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all potions of the goads then not shipped, subject to any equitable rahmament between the parties as to any work or minerals then in progress provided that the Pmchsser shall not he liable for any claims for anticipated profits on the uncompleted portion of the guuds mall., work, fur incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser the Seller nfany of their obligations. to any grinds delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjutnent most be asserted within thirty (30) days farm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all good sold hereunder shall lave been parduced, sold, delivered and fumished in strict compliance with all applicable laws and regulations la which the goods are subjaL The Seller shall examine and deliver such doe oraw as may be expired to effect or evidence compliance. All laws and regulations art miaxd to be inseminated in agreements of this character are hereby incorporated hernia by this reference. The Seller agrees in indemnify and hold the Parchasm harmless from all casts and damages suRem l by the Purchaser in a mull of the Seller failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to bestrre due hereunder without The prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear ab unrestricted title to the Purchaser for all equipment, materials, and items mounted in performance of this agreement. fire and clear of any mad all lieu, rutictinns, resmutioe, fatuity interest encumbrances and claims oforhe s. 14. PATENTS. Whenever the Seller is required to use any design, deice, material in process covered by lens, patent, trademark or copyright, fbe Seller shall indemnify, and save hmtn e s fie, Pumhue, farm any aM all claims far infringement by reason of the we of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any is. expense or damage which it may be obligod m pay by ream. ofsuch inhargement at any time during the posewtion or after the completion or file work. In case said eqummem, or any part thereof or the intended use of the goods, is in such suit held 0 constlm a intiongement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and or its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially island but noninfringing equipment, or modify it al, it become noninfringing. 15. INSOLVENCY. If the Seller shall became imolvent or landscape, make an assignment for the bereft of creditors, appoint a axseivxcr or trustee for any of the Sellers pmpeny or business, this order may forthwith be canceled by the Purchaser withoul liability. 16. GOVERNING LAW. The definitions ofmsrm used me the interymtation of the agreement and the rights ofall parties hereunder shall be concerned under and goveened by the laws ofthe Sate of Colorado, USA. The following Additional Condition apply only in cases where die Seller G o perform walk bertunder, including file services of Sellers Represenafive(sh on the premises of orders. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully mmphN and accepted, and shall, in case of any accident, destruction or injury to the work andlor materials before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment sere furnished by others for installation or erection by the Seller, The Seller shall receive, unload, snore and handle same at the site vad become responsible thereto, as though such materials an&., equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall at his own expense, provide for the payment of workers compensation, including uccupatiottsl disease benefits, to its employees employed on or in connection with the work covered by this purchase order, arM/m to their dependents in accordance will the laws of the state in which she work is to be done. The Seller shall also arty, comprehee ve general liability including, but not limited to, communal and automobile public liability i--. with bodily injury aM items limits oft least $3Wpon for any one person S500,000 for my one accident and property damage limit per resident of S400,0l. The Sellect shall likewise ,wire his comma ors, if any. to provide for such compensation and iu munce. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with is canificam that such compensation and insurance have been provided. Such certificatra shall specify the date when such compensation and insurance have been provided. Such cenificatu 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 salaried. 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 mture obsesses, to person or Moral caused by or moulting from the execution ofthe work provided far in this purchase order or in conneeim herewis. The Seller will indemnify and held harmless tM Farmers and any r all of the Purebuers officers, agents and employees from and against any and all claims, losses, damages, chagu or impetus, whether direct or malume, and whether an p ran n or property to which the Purchue, may be put or subject by mama of any and, action ougla., omission or default on the pan of the Seller, any of his contractors, or any of Jar Sellers an contractors officinal, agents at employees. In ass any suit or other promealm s had be brought against Ne Purchaser, or its officers. agema or employees at any rime on account or by alma of my can, action, neglect, omission or default of this Seller of any of his contractors many of its or their officers, agents or employees as aforesaid, the Seller hereby agree to assume the defeue tlmrcof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attomrys fees and other expeues, any and all judgments that may be hammed by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in care judgment or other lien be placed upon or obtained against the property of the Purchase, or said putties in or as a result of such suits or other proceedings, the Seller will .once cause the same to be dioalved and dlxhryed by giving bond or otherwise. The Seller and his com astors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bur without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant Hereto. Revised 03CO10