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AG 95-102 DATE 1N/ / 95r DATE! ill / To: %���f/V V'9 S" 00414 CITY OF FEDERAL Y LAW EPARTME REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGN c! IP / 1411 / �� i'r-kV 1. ORIGINATING DEPT./DIV.: _A - !' v: �j�'[ -'f 2. ORIGINATING STAFF PERSON: A11L /1 1 EXT: /3k3. DATE REQ. Sy: �/4 /3/9,5'. 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE): (( ❑ PROFESSIONAL SERVICES AGREEMENT ❑ SECURITY DOCUMENT ❑ MAINTENANCE/LABOR AGREEMENT (c.o.,ASSEEMCNT A PLIIV/MAIN.BOND;Aim or FUNDS IN LIEU OF Bono) ❑ PUBLIC WORKS CONTRACT ❑ CONTRACTOR SELECTION DOCUMENT ❑ SMALL PUBLIC WORKS CONTRACT IE.o.,RFS,RFP,RFD) ~ /�� (LESS THAN$25,000) A Vii wr CONTRACT AMENDMENT AD#: 1! ❑ PURCHASE AGREEMENT ❑ EASEMENT (MATERIALS,SUPPLIES,EQUIPMENT) ❑ OTHER ❑ REAL ESTATE PURCHASE Be SALES AGREEMENT a i i 5. PROJECT NAME: L Ali.L /1_-f -L. 1L / `r�L` /-` .d/F .4 / / / • 6. NAME OF CONTRACTOR: _ a3Zelid,t/ / 06/CV- ADDRESS: , 10 rY�• �✓/.��� _ ■«�+i Al:� PHONE: �/ 1 /� O ' TYPE OF PERS~� • N I Y (CHECK ONE ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP ❑ PARTNERSHIP ❑ CORPORATION STATE: TAX I0#/88#: SIGNATURE NAME: TITLE: 7. SCOPE OF WORK: ATTACH EXHIBIT A - A COMPLETE AND DETAILED DESCRIPTION OF THE SERVICES OR SCOPE OF WORK, INCLUDING COMPLETION DATES FOR EACH PHASE OF WORK AND LOCATION OF WORK. G/Jy \J�/� S. TERM: COMMENCEMENT DATE: /1/10 /q6 COMPLETION DATE: £/3O/• 2 st OTAL OMPENSATION: $ ,..6"; 3P6 3Q LP• 8� ('w • ``���W✓' w/ �• ! �/, - ••ULATED ON HOURLY LASOR ATTACH SCHEDULES Or EMPLOYEES ITLES AND HOURLY RATES) REIMBURSABLE EXPENSES: ❑Yes ❑No IF YES, MAXIMUM DOLLAR AMOUNT: $ Is SALES TAX OWED? ❑ YES ❑ No IF YES, PAID BY: ❑CONTRACTOR 0 CITY 1 O. SELECTION PROCESS USED (CHECK ONE): ❑ REQUEST FOR BIDS ❑ REQUEST FOR QUOTES ❑ARCHITECT& ENGINEER LIST ❑ RE EST FOR PROPOSALS ❑ REQUEST FOR QUALIFICATIONS 0 SMALL WORKS ROSTER ii zr&Vr 1 1• C T CT REVIE INITIAL/DATE D APPROV f�n,,.� a N/3 j75s t?.5W (ALL CON ACTS) / (ALL CONTRACTS EXCEPT AM I II r ONTRAOTOR SELECTION DOCUMENT) .s (/ �/$ r / PURCHASING I / (' 1 2. CONTRACT SIGNATURE ROUTING I--.A.-Ii =P = -- I ` IK,W DEPARTMENT lI 121 CITY MANAGER "'I _t CAMEOS/ L.' II XM I - {"/CITY CLERK 1,7 S/I�,�NED COPY BACK TO ORIGI TING DEPT. cer EBIGNED AG # 95'I o2b J CO A ENTS /,I 4/ -' , ?II- i 4 ^,:/ 6.-30- 9 . WHITE-o IGINAL S 4 S WITH CONTRACT/NARY-ORIGINATING SYAPr PINK-LAW DEPT.;GOLDENROD-LAW DEPT. L0492("Icy 7)94) 1 . - • �� q5" 102(a) FIRST AMENDMENT SCANNED TO UNDERGROUND CONVERSION AGREEMENT This First Amendment ("Amendment") is dated effective this 6th day of November, 1995, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and U.S. Communications, a Washington corporation ("U.S. West"). A. The City and U.S. West entered into a Underground Conversion Agreement dated effective May 2, 1995, whereby U.S. West agreed to provide the trenching along South 348th Street from 16th Avenue South to Pacific Highway South for the conversion of the aerial utilities to buried utilities in the area. ("Agreement"). B. The City and U.S. West desire to amend the Agreement to expand the scope of work to be performed by U.S. West, to increase the compensation paid to U.S. West for the rendering of these additional services, and to extend the term of the Agreement. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Scope of Work. Section 1 of the Agreement shall be amended to include those additional services more particularly described in Exhibit "A-1" attached hereto and incorporated by this reference ("Additional Services"). 2. Compensation. In consideration of U.S. West completing the Additional Services, Section 4 of the Agreement shall be amended to increase the total compensation to be paid to U.S. West by an additional amount not to exceed One Thousand Ninety-Four Dollars and 98/100 ($1,094.98), for a total amount payable to U.S. West pursuant to the Agreement and this First Amendment to be an amount not to exceed Fifty-Six Thousand Three Hundred Eighty Six Dollars and 85/100 ($56,386.85). 4. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY By: Kenne E. N berg Its City Manager 33530 1st Way South Federal Way, Washington 98003 ORIGINAL • . ATTEST: ..EPP City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: 'it Londi K. Lindell U S WEST COMMUNICATIONS • By: L` (Signature) C Its: 171-^u6-6( (Title) 7850 So. Trafton, Bldg. B Tacoma, WA 98409-5842 (206) 597-5001 k:\amend\uswestun.cnv (95-099A)11-9-95 - 2 - • Exhibit A-1 ADDITIONAL SERVICES U.S. West shall, pursuant to all other terms of the May 2, 1995 Underground Conversion Agreement, ("Agreement") extend the trench constructed by the City in the Conversion Area approximately two hundred (200) additional feet in order to reach the location at which U.S. West's underground lines will be spliced back into its overhead system. P Y /96 9s— /0 cz.; UNDERGROUND CONVERSION AGREEMENT THIS AGREEMENT is dated effective this Z- day of -F-eipmmalr', 1995. The parties ("Parties") to this Agreement are the CITY OF FEDERAL WAY, a Washington municipal corporation ("City") and U.S. West Communications, a Washington corporation ("U.S. West") . A. U. S. West is a public service company engaged in the sale and distribution of electric energy and, pursuant to its franchise from the City, it currently provides telecommunication services within the City. B. The City is undertaking a street improvement program at South 348th Street from 16th Avenue South to Pacific Highway South ("Conversion Area") . The street improvement program includes the South 348th Street Improvements. C. The City has expressed a desire to participate with U.S. West to cause the existing overhead telephone lines within the Conversion Area to be replaced with a comparable underground system. NOW, THEREFORE, the Parties agree as follows: 1. U.S. West shall furnish and install underground cable, conduit and terminals within the Conversion Area, in accordance with U.S. West's standard specifications (hereinafter "Underground System") . 2. Upon connection of those customers to be served by the underground system and removal of facilities of any other utilities which may be connected to the poles of the overhead system, U.S. West shall remove the existing overhead system (including associated wires and U.S. West-owned poles and aerial terminals) within the Conversion Area. 3 . The City shall, at its expense, perform the following within the Conversion Area, all in accordance with U.S. West's specifications. (a) Trenching (including shoring, flagging and barricades) and Restoration (including restoration of streets, sidewalks and private property) ; (b) Surveying for alignment and grades for vaults and ducts. Other utilities may be permitted by the City to use city- provided trenches for the installation of their facilities so long as such facilities or the installation thereof do not interfere with U.S. West's underground system or the installation or maintenance thereof; and 1 ORIGINAL Y . • (c) Stake all property lines and corners in the Conversion Area; and (d) Provide all permits for the work described in this Agreement. 4. The City shall, within thirty (30) days after the completion of the work to be performed by U.S. West pursuant to paragraphs 1. and 2. above, remit to U.S. West a payment of Fifty- five Thousand Two Hundred Ninety-One Dollars and 87/100 ($55,291.87) , which amount includes 8.2% tax. 5. U.S. West shall own, operate and maintain all telecommunication facilities installed pursuant to this Agreement including, but not limited to the Underground Services installed by U.S. West pursuant to paragraphs 1 and 6 of this Agreement. 6. Except with respect to those customers for which underground conversion is determined not to be necessary, the City shall notify all customers within the Conversion Area that secondary service to such customers must be converted from overhead to underground service. Upon the request of any customer, other than a single family residential customer, within the Conversion Area, U.S. West will remove the overhead system and connect such customer's underground service line to the Main Distribution System. 7. The City shall be responsible for coordinating all work to be performed in connection with the street improvement program within the Conversion Area. U.S. West shall not be required to install the Underground System until the area in which such System is to be installed has been established to grade. Upon performance by the City of the necessary preliminary work, the City shall give U.S. West reasonable advance written notice requesting U.S. West to commence installation of the Underground System and shall schedule such construction to minimize interference from the installation of other improvements. 8. U.S. West's performance hereunder shall be commenced within a reasonable time following receipt of the written notice pursuant to paragraph 7. U.S. West shall use reasonable diligence in performing its work hereunder, but shall not be liable for any delays resulting from circumstances beyond its control including, but not limited to, failure to receive necessary operating rights pursuant to paragraph 9 below. The City agrees that work performed by U.S. West shall be scheduled to avoid premium labor charges to U.S. West. If the Parties mutually agree that U.S. West's normal straight-time eight hour labor day must be changed, the City must provide sufficient advance notice to U. S. West. Any overtime labor not included in the original estimate but provided by U.S. West at the request of the City may increase U. S. West's project cost which will result in an increased cost to the City; provided, however, that unless the Parties mutually agree otherwise, such 2 . . increase shall not exceed ten percent (10%) of the amount set forth in paragraph 4. 9. The City shall furnish any and all operating rights required by U.S. West, which are consistent with its franchise, in a form or forms satisfactory to U.S. West, to allow U.S. West to construct, operate, repair and maintain the communications system within the City right-of-ways in the Conversion Area. U.S. West may postpone performance of its obligations hereunder until it has been furnished with such operating rights. 10. (a) The City releases and shall defend, indemnify and hold U.S. West harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by, arising out of or in Y ) Y. g connection with the performance of the activities set forth in this Agreement to the extent solely caused by the negligent acts, errors or omissions of the City, its employees or agents. (b) U.S. West releases and shall defend, indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by, arising out of or in connection with the performance of the activities set forth in this Agreement to the extent solely caused by the negligent acts, errors, or omissions of U.S. West, its employees or agents. 11. In the event the City requires the relocation of any of the facilities installed under this Agreement on private property not within a city right-of-way prior to the expiration of twenty (20) years after completion of the conversion hereunder, the City shall bear the entire costs of such relocation. 12. Nothing in this Agreement shall in any way affect the rights or obligations of U.S. West under any previous agreements pertaining to the existing or future facilities within the Conversion Area. 13 . During the performance of all activities described in this Agreement, neither the City's nor U.S. West's employees shall be considered employees of the other Party. US WES COMMUNICATIONS 1 By: ' 0v'JJJLI I AL A�.rA�_ -J WDS KI'F (Name) Its: I / , (Title) 12999 Deer Creek Canyon Rd. ; Rm #3H-803 Littleton, CO 80127 (303) 932-5788 3 s, CITY OF FEDERAL WAY By: "enneth E. N .- _• - 1 -ger 33530 lst Way Sou Federal Way, WA 98003 ATTEST: City Clerk, , 4).0 ' ,S 7-/A/t' e-E4/ L'f-4 L� APPROVED S TO FORM: 'ttorney, Londi K. Lindell K:\psa\uswest.und 2/6/95 4 • From: JUDY DUNKER To: CathyR Date: Thursday, May 25, 1995 12 :21 pm Subject: Address Change on Contract AG 95-102 Cathy, The address has changed on Contract #AG95-102. The old address and phone number was: 12999 Deer Creek Canyon Road, Room #3H-803 Littleton, Colorado 80127 (303) 932-5788 The new adress and phone number is: 700 W. Mineral, Room E17. 11SD Littleton, Colorado 80120 (303) 707-7399 If you have any questions, please feel free to ask. Thanks. CC: DebM, KenM, PearlK CITY OF Kitc ng(206)661-4077 PURCHASE ORDER immi Payables(206)661-4064 "r Fax(206)661-4075 016714 33530 First Way South • Federal Way,WA 98003 DATE: ❑ F.O.B.DESTINATION VENDORA15/02/95 REQUISITION#:0 0 22 57 _ CONFIRMING:DO NOT DUPLICATE DEPARTMENT: 12 U S WEST COMMUNICATIONS CITY OF FEDERAL WAY P 0 BOX 1301 33530 FIRST WAY SOUTH MINNEAPOLIS, MN 55483-1301 FEDERAL WAY , WA 98003 ALL INVOICES TO CITY OF FEDERAL WAY • ATTN:ACCOUNTS PAYABLE • 33530 FIRST WAY SOUTH, FEDFRAL WAY. WA 98003 SPECIAL INSTRUCTIONS: CONTRACT PURCHASE ORDER *IMPORTANT:Vendor must show Purchase Order Number on all Packages,Bills of Lading, Invoices,and Correspondence. SHIP VIA: 1 1 AGR ?W—S 348TH UNDRGRND CONVERSION 56 , 386 . 85 56,386 . 85 S 348TH STREET PROJECT AS PER CONTRACT #AG95-102 TERM: 5/2/95 THRU COMPLETION I+ APPROVERS : 1-3 )K MILLER APPROVER : 4)C ROE PER 1ST AMENDMENT AG95-102(A) THIS CONTRACT INCREASED $1,094 . 98 is< AS QUOTED 306-4400-112-595-30-650 56 , 386 . 85 TOTAL y 56,386 .85 APPROVAL CODE OTHER APPROVAL AS NEEDED REQUISITIONS APPROVED BY: cITYOF G PUrcfl g (206) 661-4977 PURCHASE ORDER _�.•.4► �� Payables(206)661-4064 Fax(206)661-4075 022181 33530 First Way South • Federal Way,WA 98003 DATE: 08/01/9 6 H F.O.B.DESTINATION VENDOR#: 002257 REQUISITION#: Ti CONFIRMING:DO NOT DUPLICATE DEPARTMENT: 12 U S WEST COMMUNICATIONS A; CITY OF FEDERAL WAY A P 0 BOX 2348 1 33530 FIRST WAY SOUTH SEATTLE , WA 98111-2348 0 FEDERAL WAY, WA 98003 ALL INVOICES TO: CITY OF FEDERAL WAY • ATTN:ACCOUNTS PAYABLE • 33530 FIRST WAY SOUTH, FEDERAL WAY,WA 98003 SPECIAL INSTRUCTIONS: CONTRACT PURCHASE ORDER *IMPORTANT:Vendor must show Purchase Order Number on all Packages, Bills of Lading, Invoices, and Correspondence. SHIP VIA: OM QUANTITY UNIT DESCRIPTION UNIT PRICE 1 1 AGR PW/CIP-348TH UNDRGRND CONVERSN 28 ,740 . 92 28 , 740 . 92 AS PER CONTRACT #AG95-102 TERM: 5-2-95 UNTIL COMPLETION APPROVER: K MILLER OR C ROE TOTAL CONTRACT IS $56 , 386 . 85 LESS 1995 PAYMENT -27 ,645 . 93 EQUALS 96 BALANCE $28,740 . 92 (1995 P.O. #16714 ) sALESTIOt � � AS QUOTED ACCOUNT NUMBER AMOUNT meow AS QUOTED 306-4400-112-595-30-650 28, 740 . 92 TOTAL > 28,740. 92 APPROVAL CODE A OTHER APPROVAL AS NEEDED P P+ REQUISITIONS APPROVED BY: 0 V A T CITYOF G Purchasing(206)661-4077 PURCHASE ORDER Payables(206)661-4064 PIMP n Fax(206)661-4075 01 6 714 33530 First Way South • Federal Way,WA 98003 DATE: 05/02/95 _ F.O.B.DESTINATION VENDOR#: 002257 REQUISITION#: ri CONFIRMING: DO NOT DUPLICATE DEPARTMENT: 1 2 U S WEST COMMUNICATIONS CITY OF FEDERAL WAY P 0 BOX 1301 33530 FIRST WAY SOUTH MINNEAPOLIS, MN 55483-1301 R FEDERAL WAY, WA 98003 ALL INVOICES TO: CITY OF FEDERAL WAY • ATTN: ACCOUNTS PAYABLE • 33530 FIRST WAY SOUTH, FEDERAL WAY, WA 98003 SPECIAL INSTRUCTIONS: CONTRACT PURCHASE ORDER *IMPORTANT:Vendor must show Purchase Order Number on all Packages, Bills of Lading, Invoices,and Correspondence. SHIP VIA: 1 1 AGR PW--UNDERGROUND CONVERSION 55 , 291 .87 55 ,291 .87 S 348TH ST AS PER CONTRACTION/NM TERM: 5/2/95 THRU COMPLETION APPROVERS: 1-3 )K MILLER APPROVER : 4)C ROE 1 AS QUOTED A W.t � • :, AS QUOTED 306-4400-112-595-30-650 55 , 291 . 87 TOTAL 1 55 ,291 .87 APPROVAL CODE OTHER APPROVAL AS NEEDED REQUISITIONS APPROVED BY: III • ^ , _ • CITY QpF�osRAL VVAYPURCHASE TERMS AND CONDITIONS . THE PURCHASE ORDER CONTRACT INCLUDES THE FOLLOWING TERMS AND CONDITIONS AND INCLUDES, BUT IS NOT UMITED TO,THE INVrrATION TO BID, REQUEST FOR QUOTATiON, SPECFICATONS, PLANS AND PUBLISHED RULES AND REGULATIONS OF THE CITY OF FEDERAL WAY PURCHASING DIVISION AND THE LAWS OF THE CITY OF FEDERAL WAY AND THE STATE OF WASHINGTON,WHICH ARE HEREBY.INCORPORATED BY REFERENCE.' VENDOR AND PURCHASER AGREE AS FOLLOWS: 1. DELIVERY. For any excepton to the detvery date as specified on this order,Vendo shall give prior notification and obtain written approv l thereto from the Purchasing cn Coordinator o,",opnm pria,o representative with mspu ctmxo//delivery this order.Time is of the vmovnoevn u the order is uum*ctmmnninaoon ndor sppropra1c damages for failure to dehver as specified. 2. PACKAGING. Na charge wIl be allowed for packaging,boxng, handling or transportation specified on this rd o� SHIPPING INSTRUCTIONS. Unless mho,w"nos��nn . all F.O.B. .Wh � numbers the vendor shah make delivery to that location at no additional charge where specific authorization is granted to ship goods F.O.B.smvnmonv/m. Vendor agrees to prepay ail shipping charges, route as instructed or if instructions are not provided,route by cheapest common carrier and to bill the Purchaser as a separate item on the invoice for said charges. Each invoice for shipping charges shall contain the original or a copy of the bill indicating that the payment for shipping has been made.Purohaser rosàrves the right to refuse COD shipments. 4. RISK OF LOSS. Repardlec of FOB. point,Vendor agrees to bear all risks of loss,injury or destruction of goods and materials ordered herein which occur ' prior fo delivery. Such o'er injury or destruction shall not release Vendor from any obligation hereunder. 5. CHANGES. No alteration in any of the terms. unditions,delivery price, quantity,quality,or specifications of this order will be affective without written consene of'he Purchaser for its acceptance prior toshipment. 6. HARMLESS. a hall protect,indemnify and save Purchaser, its officers, agents,servants^"uemp/ harmless from and damage, cost v,liability o/any�awrefor any injuries to persons or property arising from acts ii ornjsairans of Vendor,his employees,.agents or Subcontractors howsoever caused. 7. INFRINGEMENTS.Vendor agrees to protect and sove harmless the Purchaser against all claims,suits or proceedings because of use of copyrighted,or uncopyrighted composition, secret process,patented or unpatented invention,articles or appliances furnished or used under this order,and to'Sssume all expenses and damages a"sirq from such claims,suits, or proceedings. 8. REJECTION. Alt goods or materials purchased h / approval by the Purchaser.Any rejection of goods or material resulting because of . nonconformity to the terms and specifications of this order whether held by the Purchaser or returned, will be at Vendor's risk and expense. 9. ASSIGNMENTS. The-provisions v,monies due under this contract shall only»o assignable,/n whole^,/npart, with the prior written approval of the Purchasing Co tdinator or approved representative of the City of Federal Way. /u. PAYMENTS,CASH DISCOUNT, LATE PAYMENT CHARGES. Invoices will not be processed for payment nor will the period of computation for cash discount commence until receipt of a properly completed invoice or invoiced items, whichever is later. If an adjustment in payment is necessary due to damage or dispute,the cash discount period shall commence on the date final approval for payment is authorized. 11. WARRANTIES,Vendor warrants that articles supplied under this order conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed, except that if a particular purpose is stated,the material must then be fit for that partictilar purpose. 12. FORCE MAJEURE.Neither party shall be held responsible for failure or delay in the fulfillment of conditions of this contract or purchase order if the cause is not within the control of the party whose performance is interfered with and which,by the exercise of reasonable diligence,said party is unable to prevent. 13. GRATUITIES.The Purchaser may,by written notice to the Vendor,cancel this contract if it is found by Purchaser that Vendor or any agent or representative of Vendor,offered or gave gratuities, in the form of entertainment,gifts or otherwise,to any officer or employee of the City of Federal Way with a view lov,srd securing a contract or securing favorable treatment w/,:mooect to the awarding of this contract, in violation of the City of Federal Way Code of Ethics. 14. TAXES. Unless otherwise indicated,the Purchaser agrees to pay all State of Washington sales or use tax. Vendor shall comply with and be responsible for, all fooera/, state,and local taxes and licensing requirements.When applicable, Purchaser agree to furnish Vendor,upon acceptance of articles supplied under this order, with an exemption certificate. 15. TERM.This purchase order is valid for current fiscal year only.Orders for any services or goods which have not been received or delivered by December 31 of the current year shall be considered cancelled without further notice. �o� TERMINATION. mtaoo.vn,maumuoxuvva"oo,o/onvvrmoom"wmnsm,moonmmut'mopu�xaov,rwsvmmo,monomvonaovmanutomnmmem� contract forthwith upon giving oral or written notice to Vendor. Vendor shall be liable for damages suffered by Purchaser resulting from Vendor's breach of contract. 17. NONDISCRIMINATION AND AFFIRMATIVE ACTION. Vendor agrees not to disc minate against any client,employee or applicant for employmen or service because of race,creed, color, national origin,sex, marital status, age or the presence of any sensory, mental or physical disability with regard to,but not limited to,the following employment upgrading, demotion or transfer,recruitment or recruitment advertising,lay-offs or terminations,rates of pay or other forms of compensation. selection for training or rendition of services. It is further understood that any vendor who is in violation of this clause or an applicable Affirmative Action Program shall be barred forthwith from receiving awards of any purchase order from the City unless a satisfactory showing is made that discriminatory practices or noncompliance with applicable Affirmative Action Programs have terminated and that a recurrence of such acts is unlikely. 18. DEFAULT.Vendor co',enants and agrees that in the event suit is instituted by the Purchaser for any default on the part of the Vendor, and the Vendor is adjudged by a court of competent jurisdiction to be in default,he shall pay to the Purchaser all costs, expense expended or incurred by the Purchaser in connection therew'th and reasonable attorney's fees.The Vendor agrees that the Superior Court of the State of Washington shall have jurisdiction over any suit, or teat annul'ahsll be laid in King County. 19. IDENTIFICATION. All invoices,packing lists, packages,shipping notices, and other written documents affecting this order shall contain the applicable purchase order number 20. Vendor warrants and represents that all the goods or materials ordered herein are free and clear of all liens,claims or encumbrances^,any kind. ' ' • 21. xmr-Tm/ar Vendor and the Purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fac Borne by the Purchaser.Therefore,Vendor hereby assigns to the Purchaser any and all claims for such overcharges. 22. BRANDS.When a special brand is named it shall be construed solely for the purpose of indicating the standard or quality, performance,or use desired. Brands of equal quality, performance,and use shall be considered, provided Vendor specifies the brand and model and submits descriptive literature when available. 23. ACCEPTANCE. BY ACCEPTING THIS PURCHASE ORDER IN WRITING OR BY DELIVERING THE MATERIAL ORDERED, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH. FORMAL OBJECTION IS HEREBY MADE TO ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY VENDOR AS A CONDITION OF ACCEPTANCE OR DELIVERY. INSTRUCTIONS FOR USE OF PURCHASE ORDER VENDOR: Upon completion of the order,an invoice reflecting all costs relating to the order shall be submitted to the City of Federal Way Accounts Payable Department, 33530 1st Way South, tedriral Way,WA. 98003-6221. The completed purchase order will be paid according to the current schedule available from Accounts Payable. - - ' -