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HomeMy WebLinkAbout326357 CENVEO CORPORATION - PURCHASE ORDER - 9141539PO PURCHASE ORDER 914153 Number Page City of PURCHASE 9141539 1 of 3 Flirt Collins lins This number must appear !"_`�,/`' ` V ` on all invoices, packing sli s and labels. Date: 03/13/2014 Vendor: 326357 CENVEO CORPORATION PO BOX 536900 ATLANTA GA 30353-6900 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/12/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 #10 Window Envelope w/Indecia for Utility Mailings405,000 1 LOT LS With Indecia. #10 OSSS Utility Bill Envelopes, printed one (1) color, w/ custom window, and inside blue tint. Stock: 24# white wove stock. 0% recycled content. Quantity:405,000 Price: $17.75/M Terms, Conditions and Specifications per Services Agreement awarded per RFP# 7476. Price per Proposal dated 02/27/14. According to trade custom, a 5% quantity variation will constitute completion of the order. 2 #10 Window Envelope w/olndecia for Utility Mailings-250,000 intel�l[y Without Indecia. #10 OSSS Utility Bill Envelopes, printed one (1) color, w/ custom window, and inside blue tint. Stock: 24# white wove stock. 0% recycled content. Quantity: 250,000 Price: $17.75/M Terms, Conditions and Specifications per Services Agreement awarded per RFP# 7476. Price per Proposal dated 02/27114. 7,188.75 4,437.50 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE. ORDER 914153er Page City Of9141539 2 of 3 F6r} CollinsChis number must packing ,��—J`-' ` 1 1�7 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price According to trade custom, a 5% quantity variation will constitute completion of the order. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com 11 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By salute the City of Fort Collins is exempt farm state and locll taxes. Our Exemption Number is I I. NONWANER. 98-04502. Federal Excise Tax Pa lm er. Cmificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to begun upon strict performpce ofthe terms and araditimss hereof, failure or delay to Interest Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39 26. 114 (a). exe«ise my rights or remedies provided herein or by law, failure no promptly votify the Sella in the event of a breach, Me aappliance of ce per morn for good hereunder or app.] ofthe design, shall oat release the Sella of Goods Rejectd, GOODS REIECFED due,n failure to men spaifcaniom, either when shipped or due or defects of any of Me wmmmies or obligations of this purchase onda and shall rat be, deemed a waiver of my right of the damage in permit, may be moment to you for credit coal are not no be, replaced except, upon receipt of wrinen pasrehear m insist upon Baia Perfortnnn:e Import or any of its rights or remedies re to any such good, regaMless instructions from the City of Foe Collins. of when shipped, «crned or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral Manifesting or rescission of this puchau order by Me Purchaser operate . a waiver of my of the terms Inspection. GOODS are subject Ip the City of Foe Collins inspection on amvilL hermf. Final Acceptance. Receipt of Me merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, unburied payment on the prat of the City of Foe Collins. However, it is to he understand What FINAL Sella and the Purchaser recognize that in acwl economic practice, remittances m re ges resulting froorder dure, ACCEPTANCE is dependent upon completion of all applicable resource inspection proceviolations ere Purchaser, fact home by the PurchTheretoforeforr god cause and re consideration for Maturing this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it nay now have or hereafter Frcighn Terms. Shipments must be PO.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or stare antitrust laws for such overcharges relating to the particular most or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase ceder. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment DiJnna When nufacturers have distributing points in s Parts of thecumry, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agred upon by the preal from the ad distribution point todesfnaboq and excess freight will be deducted from Invoice whin Pamhaserpal he Seller vend the Seller thereafter indicates its inahility or unwillingness to comply, the Purchaser Oriental, are made from grcaa, distance. may cause the work to be perfumed by the most expeditious means 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, certificates and licenses rsonse by s11 applicable laws, regulations, ordinances and roles ofthe state, municipality, territory or political subdivision where Me work is peRemed, or required by any other duly combined public authority having jurisdiction over the work of vendor. Sella further agree to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason of an mandd in established violation of my such laws, regulations, ordinances, rules and tegnitemenls. Autherimtion. All parties to this contract agree that Me repreunutives are, in fact, bona fide out posom fill erns ample¢ authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expready limits acceptance to the lean ens conditions stater herein set forth and any supplementary or additional arms and conditions amusing hereto or incorporated herein by reRrence. Any addiriaml or dillirem firings and conditions proposed by edger a« objected to and hereby rejecter. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyoa cannot make complete shipment to arrive on your promised delivery top . noted. Time is of the essence. Delivery and Performance ..is be effected within the time stated on the purchase order and Me documents attached hereto. No acts of the Purchases including, without limimlim. acceptance official lam deliveries, shall operate as a over of this provision. In the event of any delay, the Purchaser shall have, in addition a other legal and suitable remedies, the option of pacing this order elsawle re 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, govemmenful priorities, fires, mikes, Hood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Sella Ern reaived knowledge thereof. In she evens of any such delay, the date of delivery shall be extended for the period soil no the lime..all, lost by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials pal work covered by this order will conform with applicable drawings, specifications, samples mNor other descriptions given, will he fit for the purposes intended, ace performer with the highest degree of cart and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hmmless from any Ins, damage or expense which the Purchaser may suRer or incur on account of the Sellers breach of raammty. The Seller shall epace, minor or make good, without cost to the Inamorata, any defects or faults arising within one (I) year or within such longer pored of time. may be prrmnbed by law or by the arms of my applicable warranty provided by the Seller after the date of acceptance of use goad famished Member (acceptmre not to he unreasonably delayed), resulting from imperfect or defective work done or materials finished by Me Seller. Acceptance or use of goods by tee Purchaser shut not common, a waiver afany claim coda this warranty. Except as otherwise provided in this purchase under, the Sellers liability hereunder shall extend to all damages proximately cooed by the beach of any of the foregoing averages or guaamas, but such liability shall in no event include loss of port¢ 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 Women 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 a ¢rage order. If any such change ¢Poets the summit drum the time ofperfonnance hereunder, an equitable tuljusunan shall be made. 6. TERMINATIONS. The Puchaser may at any time by written chpge order, terminate this agreement to to any or all portions of the good then not shipped, subject to any equitable adjustment between the parties as to ony work or malmals then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmNs on the uncompleted Portion of the goods maker work, for incidental or consequential damages, and that no such adjustment be trade in favor of the Seller with people, 1. any grads which are ,be Sellers standard stock. No xmh rerreacco n shall relieve the Purchaser or the Scllcr of any of their, obligmiogas as to any goad delivered hereumla. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjusment mean he asserted within thim (30) days (rain the date the change or «mnation is i ndered. I. COMPLIANCE WITH LAW. The Sella wagons that all goods cold berepda Moll lure been produced, sold, delivered and famished in snits compliance with all applicable laws and regulations to which tee good art subject. The Seller shall execute and deliver such devvmcnrs. may he required in ripen or evidence compliance. All Lear and regulations required to be incorporated in agreements areas character arc hereby incorporated herein by this «fee.. The Sella ages to indemnify and hold the Purchaser harmless firm J1 costs and damages suffaed by the Purchaser as a result of are Sellers failure to comply who such law. 9. ASSIGNMENT. Neither party shall assign, lumber, or convey this order, or any monies due or to became due hereunder without the prior written consent of the other parry. 10, TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser fir all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofethers. The Sella shall remare the Purchaser and its comments of my no from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the direcrors, efforts cod employees efsuch Party. The Selling contractual obligations, including warranty. shall not he deemed to he reduced, in any way, became such work is performed W commit to be performed by the Puchasa. 14. PATENTS. Wheneva the Sella is required no use any design,device. material orprocess coverer by lane, patent, peal ,k or copyright, the Sella shall indemnify and save harmless the Purchaser Isom my ace all claims for infringement by reason of the use of such patented design, device, manurial or process in correction with the contract, and shall indemnify Me Purchaser for any cost, expense or damage which it may be obliged to pay by mason of such infringement at any time during the formation or after the completion of the work. In ase said equipment, or any pan thereof or the intended am of the goods, is in such mil held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shell, at its own expense and at its option, either procure for the Purchaser the right to continue Ming said equipment or pans, before the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNR4G LAW. The definitions of terra used or the interpretation ofthe agreement and the fights ofill parties hereunder shall be temporal under and governed by the lams of tee Sale of C.Iomda, USA. The following Additional Conditions apply only in taus where tee Sella is to perform work hereundev including the sersis. ofSploo Rryreunative(s), on the premises of orders. 17. SELLERS RESPONSIBILITY. The Sella shall cart, on said conk at Sellers own fink until the sane is filly complaint read accepted, and shall. in use of any sending destruction or injury to the work author mmmals before Sellms fiml completion and rectilinear, complete the work at Sellers own expense ad to the satisfaction of the Purchaser. When matenals mad ex,operrert rear famished by others for installation in erection by the Seller, the Sella shill receive, unload, store and more scone err the site and become respo.ible therefor .though such materials proper equipment were being fumuhed by the Seller endtt the order. I S. 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 Me work covered by this purchase order, and/or to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall elm cony comprehensive parent liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lest S300,000 far any one person, S5 W,000 for any am erodere and property damage bear per accident of S400,000. The Seller shall likewise require his athoor mine, if any, to provide fro such crmpenoation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of cabers, the Seller shall famish the Producer with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and resonance have ban provided Such certificates shall specify the date when such compenmtion and insurance expires. The Seller agrees that such compensation and insurance shall be mainmined until ester the mtim walk u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby examines the entire responsibility and liability for any and all damage, legs or injury of any kind or one, wbroperver to perom or property caused by or resulting from the exemfon of the work provided for in Nis purchase order m in completion herewith. The Seller will instantly and held harmless the Purchaser, and any or JI of the Purchasers officers, agents and employees from and again my and ul claims, losses, damages, charges ear expenses whether direct or million, and seheher no persons or property m which the Producer may he For or subject by saran of any act, action, negllen, omissip or default on tee part of the Sella, on, of his connectors, or any of Me Sellers or contractors officers, crops or employxx In eau my suit or other proaMiep shall b, brought slower the Purchaser, or its offrce, agents or employees at my time on account or by... of my.t, action, real omission or defauh of the Seller of any of his mvmcm. or any of its or fruit officers, agents m employees as mforesaid, the Sella hereby agrees to assume Me defense thereof and to defend the more at the Semen own expense, to pay any and an case, charges arm-,, fees and other expenses my and all judgments not may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other Jim be placed upon or obtained against the proprity ofthe Purchaser, or said parties in or. a result of such suits or other proceedings, Me Seller will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and area[] all guards necessary, for the prevention of accidents, comply with all Laws and regulaions with more to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03I2010