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HomeMy WebLinkAbout326357 CENVEO CORPORATION - PURCHASE ORDER - 9147169Flirt Collins Date: 12/05/2014 Vendor: 326357 CENVEO CORPORATION PO BOX 802035 CHICAGO IL 60680-2035 PURCHASE ORDER PO Number Page 9147169 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/05/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 500,000 #9 Utility Billing Return Envelopes Delivery Date: No later than January 16, 2015 SHIP TO: United Mailing 3201 E Mulberry St, Unit D Fort Collins, CO 80524-8475 Contact: Bryan Ray 970-267-3535 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 1 LOT LS Mr. :r r0, Total Pay terms net 30 days 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. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-M502. Federal Excise Tax Exemption Certificate of Registry IW-6000587 is registered with the Collector of Interval Revenue, Dmrar, Colorado (Ref Colomdo Revised Statutes 1973. Chapter 39-26, I IC (a). Goods Rejemed, GOODS REJECFED due to failure to meet Specifications, either when shipped or due to defects of damage in transit, may be, resumed te you for credit and are not m be rrplaced except upon receipt of witness inswctiuns fmm the City of Fart Collins. translation. GOODS are subjecl m the City fFort Collins inspetum on arrival. Final Accepance. Remain of the merchandise, services or ryuipmm, in response so this order can mull in auth.mnd payment on the pan of the City of Fort Collins. However, it is as be understood that FINAL ACCEPTANCE is dependent noun completion of all applicable required inspection procedures. Freight Terms. Shipments most be F O.B., City of Too Collins, 700 Wood M., Fort Collins, CO 80522, unless otherwise specified on this adder. Upermission is given to prepay freight and chage separately, the original freight bill must accompany divorce. Additional charges fro Packing will and, be mapre. Shipment Distance. Wheat m nufazturers have distributing points in various parts of the country, shipment is expected from the modest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made fmm grmmr distance. Permits, Seller shall procure at sellers sole cost all nosury omits, ce ifiata and lianas required by all applicable laws, regulations, odiumcm and rules of the state, municipality, motor, or political subdivision where the work is performed, or requited by any other duty consdtuted public authnriry having jurisdiction over the work of vendor. Seller further agrees to hold the City of For Collins handless fmm and against all liabil icy and loss incurred by them by reason or an asserted or established violation of any such laws, regulations, ordinances, rules and r quid menus. Authorization. All panic to this contract some that the representatives are, in fact, bow Ode and possess full and complete authoriy m bird said ponies. LIMITATION OF TERMS. This purchase GrdCr expressly limits mcepmnce to the mutts and conditions sate herein set forth and any supplementary in additional terns and conditions annexe hereto or incorporated herein by reference. Any a klo mal or different teens and conditions proposed by seller are objeard to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date m note. Time is of the comma. Delivery and performance must be effected within the time stared an the purchase order and the dauments attached beret.. No acts of the Purchasers includin& without limitation, acceptance ofpmial late deliveries, shall operant as a waiver of this provision. In the event ofany delay, the Purchase, shall havq in addition 1. the, legal and equitable remedies, she option of placing this uNer elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a romll of delays doe to truss no, reasombly foreseeable which are beyond its recommie control and without its fault of negligence, such acts of God art,.fovol or military authodtirs, govemnamad primiies,f s, strike, flood, epidemics. wars or riots provided that notice of the conditions cousin, such delay is given to the Parchaur within five (5) days of the time when the Seller But received knowledge thereof In the event of any such delay, the date of delivery shall he extracted for the period ry.I a the time actually lost by reawn of the delay. 3. WARRANTY. The Seller warns that all gaols, aniclel, materials and work covered by this order will conform with applicable drawings, speifications, samples and/., other descriptions given, will be fir for the purposes intended, and performed with the highest degree of rare and compmnce in accordance with accepted standard far work of a trod., aWar The Seller agrees a0 kid the Embosser hamtlas fmm any lass, damage or expense which the PumM1aser may su1Rr or incur wo account of the Sellers breacM1 ofwarnty. The Seller shall mid., repair or make good, without cost to the purchaser, arty defect or faults raising within one (1) year or within such longer period of time as may be presMbed by law or by the terns of any applicable warranty provided by the Seller after the &are of cmplaace of the good famished hereunder (ncerpmae and to be unreawnably delayed), resulting from imprf I or defective work done or materials burnished by the Seiler. Acceptance or use of goods by the PutcM1sn shall not .finite a waiver of any claim under this wamny. Except as mherwiu provided in this purchase ester, the Sellers liability hereunder shall extend to all damages prourmtely Mixed by the breach of my of the foregoing warmmies or guarantees, but such liability shill in no occur include loss o'pmfirs or has of am NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. A. CHANGES IN LEGAL TERMS. The Purchaser may make changes t. legal tams by corium change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes,. the cars, other than legal corms, inclodiag additions 1..r deleroas fmm the quantities originally ordered in the specifications or dowinp, by verbal or written change orderif any such change affects the amount due or the time ofperfonnance hereunder, in equimbte adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by waimen change uNer, rcmdate this agreement as to any As all Anions of the ,cod then no, shipped sablan r. any rgmmMr adJu•anent between the panics as 1. any work or materials then in progrss provided that the Purchaser shall not be liable for any claims for anticipated profs on the uncompleted woman of the good and/or work, for incidental or consequential damages, and Nat no such adjustmear be made in favor of the Seller with respect to any good which rare the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjostrent mail be asserted within thin, (30) days fmm the daze the change or nomination ix ordered. S COMPLIANCE WITH LAW. The Seller warrants that all goad sold hereunder shall have been produced, sold, delivered and fished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such daomm s as may be nomroj to effect or evidence compliance. All laws and regulations respond to be moMmosted in agreement of this character are hereby incorprated herein by this reference. The Seller agrees to indemaiy and hold the Purchaser handless fmm all rosy and drags suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, comfier, or convey this aria, or any monies due or to become due Immunder without the prior mitten commit of the other pang. 10. TITLE. The Sella warrants full, stem and umesWeted title to the ParcM1aur for all equipment, materials, and items famished in performme of this agreement, free and clear of any and all birds, restrictions, nexervelum , sorority interest encumbrances and claims cruise.. I1. NON WAIVER. Frilure of the Purchaser an insist upon strict perfomumce, of the mna and conditions hereof, Gilum or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofm payment for goods hereunder or approval ore design, shall not release the Seller of any of the warmth or obligations of this purchase order and shall at be droned a waiver of any tight of the purchaser to insist upon strict prforance hereof., 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 putponed oral modification or rescission of this purchase order by rise Purchaser operate as a waiver of my of the mars hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser ad ogmor Nat in odor evis practice, o ercharges resuhing firm to., violations me in fact home by the purchaser. Theretofore, nfor rgood cause and as consideration for executing this Durham uNer 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 as the particular goods or service, purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller N comet nonconforming or defective goods by a date to be agree upon by the purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfumed by the most expeditions means available to it, and the Seller shall pay all rest same m it with such work. The Seller shall relcom the Purchaser cast its contractors of my tier farm all liability and claims of any mature resulting firm the performance .(such work. This release shall apply even in the event of fault of negligence of rise parry release and shall extend 1. the directors, officers and employees ofmch party. The Sellers contractual obligations, including warranty, shall run he deemed to he reduce, in any way, basase such work is performed or mused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, paten,, trademark or co%ai,ht, the Sella shall indemnify and save harmless the Purchaser fmm any and at I claims for infringement by reason of the use of such patented design, device, material or Process in connection with the conlowl, and shall indemnify the purchaser for any cost, expense or damage which it may be oblige to pay by teaun of such infringement at any time during the prosecution or after the completion of the work. In caw said rquipmrnt or any pan thereof or the intended use of the good, is in such suit held to constimm infringement and the use, of said quipment or Part is enjoined, the Seller shall, at its own expmm, and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal bur noninf tinging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpu make an assignment to, the benefir of creditors, appoim a receiver or maata for any of the Sellers property or business. this under may forthwith be .rosiest by the PutcM1aser without liability. 16. GOVERNING LAW. The definitiom of terms used or the interpretation ofthe agreement and the rights of ull parties hereunder shall be scoswed under and governed by the laws of the Suite ofColorado, USA. The following Additional Conditions apply only in mass where the Seller is to perform work hereunder, including the services of Sellers ftepreunmtive(s). on the premiss of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work an Sellers own risk until the same is fully completed and notified, and shall, in use or any accident, destruction or injury to the work anNor materials tier Sellers final completion and .Mt., complete the work or Sellers awn expense and to the smismiti n. of the Purchaser. Whom materials aad equipment are fimmishe by others for installation or erection by the Sena, the Seller shill receive, unload, some and handle same at the site and become respnsble therefor as though such donnumB andar eouiponerst were being indushe by the Seller under the order. I S. INSURANCE The Seller shall, at his own expense, provide fro the payment of workers ro r,droution, including compational disease benefit, 10 it employees empl%e on or in ..on.. with the work covered by this purchase aides, andlor to their depndmt in accordance with the laws of the suite in which the work u b be dorm. The Seller shall also carry comprehensive general liability includin& but and limited an, comocmal and automobile public liability insurance with bodily injury and death limits of at lest 5300,000 fm any one person, 5500,000 for any comaccident and property damage limit per accident of SW0,000. The Seller sl likewise require his tmors, halif any. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premiss of others, the Seller shall f ish the Purchaser with a cer i0cam Rod such compensation and iaumnce have been provided. Such ca rtifval. shall specify the date wham such ompeasation aad insurance have been provided. Such mutilations shall specify are date when such cumpnsatiou and imumnce expires. The Seller agrees that such moon, ossmon and handsome shall be commouned until after the mtim work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rapoasibibt, and liability for any and all damage, loss or mjttry of any kind r atum whatsaver to persons or property Mused by or resulting fmm the execution ofthe work Provided for in this purchase order or in connection herewith. The Seller will indcmdfy and hold harmless the Purchaser and any or all of the Purchasers oRcm, agents add employers fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to pounds or property to which the Purchaser may be our or subject by rcaun of any Art, action, neglect, omission or default on the pan of the Seller, nay of his contractors, or any of the Sellers or contractors officers, agent ar employes. In case any suit or other proceedings shall be brought against the Purchaser, or its c f es rs, agents m employms at any time on account or by mason of my act, action, neglect, omission or defaut of the Seller of any of has contractors of any of its or their officers, agent or cmploymv s i foreuid, the Sella hereby agres as ... the der thereof and as defend the same at the Sellers own expense, to pay any and all cosy, chugs, anomrys fees aad other expense, any and all judgments that may he incurred by or obmiaW against the Purchaser or any of it or their officers, agents or employees in such suis or other proceedings, and in case judgment or other lim be placed upon or obtained against the property of the Purchaser, or Mid parties in or as a result of such suit or other proceedings, the Seller will al came Dose the ume to be dissolved and diuharged by giving bond or othewiu. The Sella aM has contractors shall take all safety prcottimu, human and recall all guards aesury for the pre,o nnion of accidents, comply with all aws and regulations with tegad to safely includin& but coolant Rotinda , the Occupational Safety and Health Act of 1970 road all mis and regulations issue pursuant therein. Revised O7I2014