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HomeMy WebLinkAbout128206 PLAYPOWER LT FARMINGTON INC - PURCHASE ORDER - 9143097F6rtCity0f Collins PURCHASE ORDER Date: 06/10/2014 Vendor: 128206 PLAYPOWER LT FARMINGTON INC PO BOX 897 FARMINGTON MO 63640 PO Number Page 9143097 1o12 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 06/03/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Playground Renovations 1 LOT LS 87,069.00 Greenbriar per quote dated 5-13-14 Total $87,069.00 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 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 Fort Collins Date: 06/04/2014 Vendor: 126508 RECREATION PLUS LTD 15209 W ELLSWORTH DR GOLDEN CO 80401 PURCHASE ORDER PO Number Page 9143097 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 06/03/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Playground Renovations Greenbriar per quote dated 5-13-14 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 1 LOT LS 87,069.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Condi lions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemption. Hy statute the City of Fort Collins is exempt fiom stare and local taxes. Out Exemption Number is 99-04502. Federal Excise Tax Exemption Cenificak of Registry 84-6000581 is regalwaJ with the Collector of Internal Royale, Denver, Colorado (Ref. Colorado Revised Scarves 1973, Chapter 39-26, 114 (a). Goods Rgeaed. GOODS RE3EC1'ED due to failure to meet spmifications, either when shipped m due to defects of damage in Manor may Ix returned to you for credit and are not to od replaced except upon receipt of written imuuctions from the City of Fort Collins. Inspation. GOODS an, subject o the City of Pon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, amwices or equipment in response to this order can result in authonsed payment on the pan of the City of Fon Collins. However, it is in be understood that FINAL ACCEPTANCE is dependent upon completion oFall applicable rsryird inspection pracedures. Freight Tema. Shipments mast be, F.O.B., City of Tons Collins, 700 Wood St., Fon Collins, CO 80522, unless otherwise specified on this order. If permission is given ro prepay freight and charge separately, the original freight bill masr 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 fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fmm greater distance. Pennies. Seiler shall procure at sellers sole cost all necessary Senate, certificates and licenses required by all applicable laws, regulators, ordinances and area of the slate, municipality, marmay or political subdivision where the work is perforated, or required by any other duly constituted public ant tally having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fair Collins Iert from and against all liability and loss anted by Jsnr by reason if sea ..,cned or established violation of any such laws, regulations, ordinances, ales and requirements. Authorization. All parties to flair contract agree that the representatives are, in fact, bona fide and pursers full and complete authority In hind and panic, LIMITATION OP TERMS. Ibis Purchase Order expressly limits acceptance to the tarns and conditions slated herein set forth and any st,don unary or additional tense and conditions annexed hereto or incorporated herein by reference. Any w1 ic.nal or difierent mans and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of flue essence. Dcllvay and performance rant be effected within the time stated on the purchase order and the documents mmdud herem. No acts of the Purchasers including, without limimlma, acceptance of partial lure deliveries, shall operate as a waiver of this pricro n. In the event of any delay, Me Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for danmges. However, the Seller shall not be liable for damages re a result of delays due m causes not reasonably f rmaecable which are beyond ifs reasonable control and without its fault of negligence, such acts of God, ace ofci,,l or military mal oritin, g mar mmml priorities, fires, strikes, Brad, epidemics, wars or hots provided that notice of the condition cawing such delay a given to the Purchaser within five (5) days of the time when the Sella but received knowledge thereof. In the event of any such delay, the date of delivery shall be extended far the period equal to the time scantly last by reason ofthe delay. 3. WARRANTY. The Seller warmnu Jut all grad, aniele, mutenals and walk covered by this other will cmnfamt with applicable drawings, specifications, samples and/or other description given, will be fit for the proposes intended, and pert ed with the highest degree of can and competence in accordance wida eccepred standards for work of a sitar r.stum. The Seller spaces to hold the purchaser homeless fmm my lass, damage or expense which the peninsula may hmfBa or incur oa account ief the Sellers breach of—,,. The Seller shall replace Mad an make goad, without seen o the purchaser, any defects or faults nosing within one (I) year or within such longer period of time es may be prescnbN by law ant by she mans army applicable warranty provided by she Seller after the date of ccepta ee of the goods furnished hereunder (acceptance cot to W unconscionably delayed), meaning fmm materials or defective work done or mmeaah famished by the Sella. Acceptance or use of goods by Me Purchaser shall not contribute a waiver of my claim under this warranty. Except res otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately court by the breach of any of the foregoing countries or guarantees, but such liabil it, shall in no event include loss of profits or loss of nse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes I. legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the ferns, other door legal terms, including addmnns m at delamns from the quantities originally ordered in the speci ficatiuns or drawings, by verbal or written change order. If any such change afire,, the com nd due or life lima of performance hereunder, an equitable adjustmml 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 good then not shipped, subject m any equitable adjustment between the parties as to any work or materials then in pmgress provided ,bar she Purchaser Mall nm be liable for any claims for anticipared Fruits on the uncompleted portion of the good mNor work, for incidental or consequential damage, and that no such adjustment be made in favor of Seller with respect to any goads which are the Sellers smndand stock. No such termination shall relieve Me Purchera or the Seller of any of their obligations as to any goad delivered hereunder. 2. CLAIMS FOR AD3USTM ENT. Any claim for adjustment most be inserted within thirty (30) days from the dace the change or acumination is ordered. 8. COMPLIANCE WITH LAW. The Sella, warrants that all goods sold hereunder shall have been produced, sold, delivered and f ished in sbict compliance with all applicable laws and regulations to which the goods are mince. The Seller shall cart and deliver such documents as may be required to effect or evidence compliance. All laws and regulations capture ra be incorporated fir agreements of dais dramas arc hereby manar,ormed herein by this reference. The Seller agrees to indemnify and hold the Purchaser hmmless firm all costs and damages suRered by the Purchaser as a result of the Sellers failure an comply with such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convoy this maker, or my monies due or to become due hereunder without the prior former consent ofthe other wrty. 10. TITLE. The Seller warrants full, den and unreariaed title to the Pummem, for all ryvipmem, and naB, and if. fmishd in perfo trance of Nis agreement, free and clear of any and all lien, redden, reservations, security interest encumbrances and claims of onions. 11. NONWAIVER. Failure ofthe Purcbner to insist upon stria Performance of the terns and conditions hereof, failure or delay ro exercise any rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a brrach, the acceptance of or payment far good hereunder ant epprmal of the desiym, shall not release the Seller of any of the warranties or obligation of this pumhec order and shall rest her deemed a waiver of any right of the purchaser to insist upon strict performtance hadlf or any of its rights or remedies As to, my such good, regardless of when shipped, received or accepted, as to may prior m subsequent default Foramina nor shall my purp u ed call modiacaaion or rescission of Nis puchsee order by the Purchaser operate as a waiver of may of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchastt tecognia, that in actual economic practice, overcharges mulling farmmtioast auL violations art in fact home by the PorchTbactofoca,for good cause fall as mnsideretio s for executing this purchase order, the Seller hereby sssigns to the Purchaser my and all claims it may now have or hsea0er no,dood under federal or stem antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser puranand to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Hire Purchaser directs the Seller to correct nonconforming or def tine goads by a date as be, agreed upon by the Purchaser and the Selleq and the Seller Meet moiestes its imubild, or unwillingness to comply, the Pushaser may cause the work to be perfaioned by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Incident and its contractors of any tin fmm all liability and claims of any nature resulting from the orfrmnnce of such work. This release shall apply even in the event of fault of rapt ge ce of the party released and shall extend to the directors, officers and employees of s.air party. The Seller's contractor obligation, including warranty, shall net be deemed to be reduced, in any may, because such work is perfumed or caused to be pertormed by the Purchaser. 14, PA I'IiNI S. Whenever the Seller i5 required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Sal Ia shnl I indemnify and save hsrmless the Panama from nary and all claims for arrangement by roman of the use of such patented design, dwice, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged I. pay by reason ofsuch infringement at any time during the prosecution or alter the completion of the work. In area, said equipment, or any From thereof or the imendd use of the goods, is in such suit held to c rmatum inf cagem en and the use of and equipment or pan is enjoined, the Seiler shall, at its own expense and at its option, either procure for the Trachoma the right to continue using said Mnipmed or past replace the same with substantially annual but nuninfringing equipment, or modify it so it becomes noninGmnginp. 15. INSOLVENCY. If the Seller shall become insolvent or tankard, make an assignment for the benefil of creditors, .,ado a receiver or bounce (or any of the Sellers property an business, this order may forthwith be, canceled by Me, Punctuator without liability. 16. GOVERNING LAW. no definition effector astral or Me interpretation ofthe agmareal and Me nghe ofi l parties hereunder shall be confirmed under and govcro d by the laws ofthe Stain of Colorado. USA. The following Additional Conditions apply only in aces where the Seller in to perform work hereunder, including the services of Sellers Re reuntatime s), an the premises ofmhac. 12. SELLERS RESPONSIBILITY. The Seller shall any on said work at Sellers own ask unfit the same is fay completed and accepted, urak shall, in case of my accident, destmction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the sansfaction of the Purchaser, When materials and equipment are famished by others for installation or section by the Seller, the Seller shall receive, unlood, store and handle same at the site and became responsible therefor as though such materials and/or equipment were being Modified by the Seller under the order. if .INSURANCE. The Seller shall, at his own expense, pmvide far 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 shill .also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insnrm¢e with bodily vapory cad death limits of at lent S310dard far any one person, $501',Uq far any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his aaam, Pony, ern provide fen etch compensation and insurance. Before any of Senes or bia contractor, employees shall do any work upon the premises of others, the Seller shall fmish the Purchaser with o cenifate that such a inperesndnn and Insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such certificates shall specify the dare 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, low or injury of any kind or nature whatsaver to persons or property caascd by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indertudfy and hold harmless the Purchaser and any r all of the Purchase officers, agents and employees fmm and against any and all claims, fracas, damages, charges at expenses, whether direct or indiram , and whether to persona or property to which the Purehascr may be put or subject by reason of my act, action, neglect, omission or default on the pa of the Seller, any of his contractors, or any of the Sella or contractors officers, agents or employees. In care any mit or other proceedings shall be brought against the Purchssa, or its officers, agents or employas at any time on account or by rawer of any act, action, neglah omission in default of the Seller of any of his contractors or may of its or their ti ical, agents car employas as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same al the Sellers own expense, far pay any and all erase, charge, amocueys far and other expenses, any and all judgments that may be incurred by or o erined against the Purchaser or any of in or their officers. agents or employees in such suits or other proceedings, and to . judgment or ofer lien M place upon or obtained against the property of the Putelcom. a said pales in of as a cash ofsuch suits or other proceedings. Me Sella will at once cause the same an be dissolved and dixharged by giving bond or otherwise. The Seller and his contractors shall take all safety precfanions, Finnish and irmall all gumds necessary for the prevention of accidents, comply with all laws and regulations with regard to safery including, but without limitation, the Constitutional Safety and Deahh Act of 1970 and all mles and regulatioas issued pursuant there. Revised 03R010