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HomeMy WebLinkAboutRESPONSE - BID - 8908 LIBRARY BOOK BINSShelf Image 1 Proposal Prepared for City of Fort Collins 8908 Library Book Bins Prepared by D’Ann Carle Abbott Shelf Image, Inc. 4200 Jackson St. Suite 24, Denver CO 80216 c. 303-981-1260 / o.303-928-1901 www.shelfimage.net dabbott@shelfimage.net Shelf Image 2 RE: 8908 Library Book Bins - Council Tree Library May 17, 2019 Thank you for the opportunity to provide the City of Fort Collins a proposal for Library Book Bins. Shelf Image, Inc. is a Furniture / Shelving Dealer in Denver with our own installation crew. With many years of experience we will provide the best service to the City of Fort Collins. The unit pricing includes installation and delivery. The freight from the Manufacturer is listed separately. Shelf Image will review product information, specifications, layouts and finishes with the client before final order is placed. Shelf Image will receive a Purchase order or signed quote to place the order. Shelf Image will also work with the client to coordinate delivery and installation dates. Shelf Image along with PS Installations has the experience and customer service skills that will provide the City of Fort Collins with the best service possible. Our Installation crew PS Installations is available for maintenance issues and will work with the Manufacturer under their Warranty terms if any problems arise. Our payment terms are Net 30 after receipt of furnishings. We look forward to working with the City of Fort Collins. Thank you! D’Ann Carle Abbott Shelf Image, Inc. Shelf Image 3 Vendor Profile Thank you for the opportunity to provide the City of Fort Collins a proposal for Furniture. Shelf Image, Inc. provides complete solutions for libraries and Government Facilities from furnishings to library shelving for Colorado, New Mexico, and Wyoming. With Shelf Image the City of Fort Collins is assured of the highest quality installation and warranty maintenance in the industry. Shelf Image and its installers have decades of experience in the design, installation and maintenance of library and Government furnishings. Shelf Image’s installation team has been certified in many brands of furniture and shelving lines. Shelf Image uses/subcontracts PS Installations, Inc., for all its installations. Shelf Image and PSI share owners and are housed in the same facility. Shelf Image was formed in 2010 when Montel asked PSI if they would become their Colorado AMD, as Montel was not satisfied with their Colorado representation at that time. Subsequently Shelf Image was awarded both New Mexico and Wyoming as territories. In 2014 Shelf Image absorbed LMC Solutions and their many library furniture lines. This put Shelf Image into the library furniture world and they have maintained many of LMC Solutions customers. In April, 2017 Shelf Image brought Marshall Davis abroad to expand the furniture line division of Shelf Image. Since this time we added new product lines and have hired additional furniture sale representatives. Shelf Image now has over 50 years of furniture experience between Marshall and our sales representatives. PSI was founded and has been installing furniture and high density storage systems since 1991 and still installs for several in the area, despite its relationship with Shelf Image, because PSI has more trained installers than any other company in the area. Please note that not all dealers have certified installers and not all manufacturers have a certification program. For over twenty years PS Installations, Inc. has developed a reputation as experts in commercial furniture installation and moving for projects that are atypical. No other company within the industry can match PS Installations, Inc. level of service and experience. We offer these services at reasonable prices without sacrificing quality or professionalism. All of our installers are properly trained and have their own tools- not movers or temporary laborers  Shelf Image, Inc. recognizes the importance of providing product that meets and exceeds environmental standards and is committed to support Green Building Councils LEED Program.  There is some noise involved in the installation.  The installation cost is based on normal business hours Mon. –Fri. 8am to 5pm  Any circumstances beyond our control that may increase the time of the installation may result in additional charges.  All designs, drawings, and information in this quote is proprietary Shelf Image 4 Management Summary/ Delivery and Install Personnel Shelf Image Key Personnel Shelf Image Address 4200 Jackson St., #24, Denver, CO 80216 Shelf Image along with PS Installations has the experience and customer service skills that that will provide the City of Fort Collins with the best service possible. Our Sales Team, Project Managers and Installation crew have years of experience to allow the City of Fort Collins quality service from start to finish. D’Ann Carle Abbott–Vendor Contact - Sales/ Design – D’Ann’s specialty is designing interior furnishings for public, academic, and school libraries combining functional, innovative, inviting, and creative solutions to make spaces enticing for a generation of use. Client project interaction involves setting goals, programming and budgets that include space planning, layouts using AutoCad, and interior finish selections. Manage, organize, maintain project schedules and budget with strong organizational and project management skills. dabbott@shelfimage.net mobile 303-981-1260 Marshall Davis – Sales Manager, Marshall has over thirty-five years of experience designing interior furnishing for: Federal Government, State Governments, Local Governments, Museums and public and privately own companies. – marshall@shelfimage.net mobile 303-669-5515 Peter Stravlo - Co-Owner of Shelf Image and PS Installations who has been installing high density storage systems since 1986, designing systems and specializing in museums since 2010. Peter will be in charge of scheduling and the liaison between the City of Denver and Shelf Image. pstravlo@shelfimage.net mobile 303-619-0400 a. Project Manager Installations –Taylor Jacob – PS Installations Taylor oversees and coordinates the installation of all projects. Taylor works closely with Shelf Image as we are in the same building which makes the complete team package a bonus for our clients. tjacob@psinstallationsinc.com 303-297-2030 4200 Jackson St. #24, Denver, CO 80216 Use of Subcontractors PS Installations, Inc. is our installation company. Since Shelf Image and PSI are housed in the same space and share owner communication is seamless between Shelf Image and its subcontractor. It is our experience that 85-90% of all problems on these projects arise from miscommunication. We have developed procedures in house to minimize communication issues. We have a 20,000 Sq. ft. Warehouse with 8 Box Trucks, 2 cargo vans, 10 Crew vans with 30 Employed Installers. b. Project Management System a. Set up meeting with team of key players and organize contact list. We will review design elements with the staff to assure that quoted solution is the correct solution for their needs, suggesting money saving options where possible. b. Provide team with final layouts of furniture and equipment with coordinating spreadsheet keyed to match layout. Provide final costs and schedule coordinating with contractor for delivery of furniture and equipment. Communication tools will be in person meetings to finalize all F, F & E and email to coordinate scheduling of delivery and installation. BID 8908 LIBRARY BOOK BINS Page 1 of 12 INVITATION TO BID 8908 LIBRARY BOOK BINS BID OPENING: May 17, 2019 The City of Fort Collins, on behalf of the Poudre River Public Library District is requesting bids from qualified vendors for library book bins. As part of the City’s commitment to Sustainable Purchasing, bid proposals submission via email is preferred. Bid proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Bid proposals must be received before 3:00 p.m. (our clock) on May 17, 2019 and referenced as Bid Proposal No. 8908. Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids proposals must be received at the Purchasing Office prior to 3:00 pm MST (our clock), May 17, 2019. The City encourages all disadvantaged business enterprises to submit bid in response to all invitations to bid. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Any additional questions should be submitted in writing via email, to Marisa Donegon, Buyer at mdonegon@fcgov.com, no later than 5:00 PM MST (our clock) on May 8, 2019. Please format your e-mail to include: Bid 8908 Library Book Bins in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the Bid may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of ninety (90) days after bid openings. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 fcgov.com/purchasing BID 8908 LIBRARY BOOK BINS Page 2 of 12 Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No bid will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Public Record: The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Bids may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this Invitation to Bid will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your bid. Bid results are posted online at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Gerry Paul Purchasing Director BID 8908 LIBRARY BOOK BINS Page 3 of 12 CITY OF FORT COLLINS GENERAL INFORMATION The City of Fort Collins, on behalf of the Poudre River Public Library District, is requesting bids for library book bins. Items Bids must be for specified items in I. Items to Bid. Equivalent items will not be considered. Delivery Delivery of all items shall be to: Council Tree Library 2733 Council Tree Avenue #200 Fort Collins, CO 80525 Freight terms: F.O.B. destination freight prepaid. All freight charges must be included in pricing submitted on the bid schedule and not entered as separate pricing. Any surcharges or additional costs shall be noted & included in bid submittal. Award The City reserves the right to split the bid in whatever percentages are most advantageous to the City and may award to multiple firms. The selected firm(s) shall offer the bid pricing and similar terms to third-party entities performing work on the City’s behalf upon written approval by the City. Awards for this bid will be done via a Purchase Order. The City’s Purchase Order Terms and Conditions can be found in Attachment A. Any exceptions must be noted in the bid submittal. Future orders of library book bins may be authorized, at the option of the City, from this bid for a period up to five years from the bid due date. Satisfactory pricing and delivery is required for future orders based on this bid. BID 8908 LIBRARY BOOK BINS Page 4 of 12 CITY OF FORT COLLINS BID SUBMITTAL INSTRUCTIONS The following items must be provided in the bid submittal package: A. Bid Schedule B. Warranty Information (If applicable) C. Vendor Acknowledgement. You must completely fill out the contact information portion. Failure to submit any of the above may result in your bid being considered non-responsive. BID 8908 LIBRARY BOOK BINS Page 5 of 12 8908 LIBRARY BOOK BINS I. ITEMS TO BID Item 1 Description: TMC Kids MBLC423232 Double-sided book bins. Must include locking casters. No cut-out shapes. Dimensions: 42” W x 32.75” D x 32” TH x 32” OH (not including caster height). Quantity: 8 Item 2 Description: TMC kids MBLC422332 Single-sided book bins. Must include locking casters. No cut-out shapes. Dimensions: 42”W x 23.25” D x 32” TH x 32” OH (not including caster height). Quantity: 4 BID 8908 LIBRARY BOOK BINS Page 6 of 12 8908 LIBRARY BOOK BINS BID SUBMITTAL FORM VENDOR NAME: SUBMITTAL DATE: A. BID SCHEDULE ITEM PRICE EACH FREIGHT COSTS TOTAL PRICE (EACH) LEAD TIME ITEM 1 $ $ $ ITEM 2 $ $ $ Shelf Image, Inc. 5/17/2019 10 weeks ARO 244.25 10 weeks ARO 2,270.00 372.90 1,505.00 1,749.25 2,642.90 BID 8908 LIBRARY BOOK BINS Page 7 of 12 8908 LIBRARY BOOK BINS BID SUBMITTAL FORM B. WARRANTY INFORMATION Describe or attach warranty information (if applicable) for items being bid below: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ See Attached Warranty from TMC Furniture BID 8908 LIBRARY BOOK BINS Page 8 of 12 8908 LIBRARY BOOK BINS BID SUBMITTAL FORM C. ACKNOWLEDGEMENT Vendor hereby acknowledges receipt of the City of Fort Collins, on behalf of the Poudre River Public Library, Invitation to Bid and acknowledges that it has read and agrees to be fully bound by all the terms, conditions and other provisions set forth in the Bid. Additionally, Vendor hereby makes the following representations to City and Library District: a. In compliance with your Invitation to Bid 8908 Library Book Bins and subject to all conditions thereof, the undersigned is authorized to do business in the State of Colorado and hereby proposes to furnish and/or perform the services set forth in the Scope of Work and Specifications, including all items listed on the Bid Schedule. b. The undersigned does hereby declare and stipulate that this bid proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid, Instructions to Bidders, the Scope of Work, and detailed Specifications, all of which have been examined by the undersigned. c. Vendor commits that it is able to meet the terms set forth in the Invitation to Bid. Vendor further acknowledges familiarity with all aspects of the project affecting the cost of the work to be performed. d. This bid proposal is a firm and binding offer, for a period of 90 days from the date hereof. e. Vendor further agrees that the method of award is acceptable. f. Vendor acknowledge receipt of addenda. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ALL BID SUBMITTAL FORM PAGES MUST BE COMPLETED, SIGNED WHERE REQUIRED & RETURNED WITH YOUR BID PROPOSAL PACKAGE. Shelf Image, Inc. 4200 Jackson St., #24, Denver, CO 80216 Same 303-928-1901 Peter Stravlo, President D'Ann Carle Abbott Design / Sales dabbott@shelfimage.net 303-981-1260 BID 8908 LIBRARY BOOK BINS Page 9 of 12 8908 LIBRARY BOOK BINS ATTACHMENT A PURCHASE ORDER TERMS AND CONDITIONS Purchase Order Terms and Conditions 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 your 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. BID 8908 LIBRARY BOOK BINS Page 10 of 12 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 furnished 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 BID 8908 LIBRARY BOOK BINS Page 11 of 12 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 non-infringing equipment, or modify it so it becomes non-infringing. 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. BID 8908 LIBRARY BOOK BINS Page 12 of 12 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 rules and regulations issued pursuant thereto. Revised 03/2010