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HomeMy WebLinkAbout169306 LEVEL 3 COMMUNICATIONS LLC - PURCHASE ORDER - 9120229PURCHASE ORDER 912022er Page PO City Of 120229 + of z ' 6rt Collins This number must appear ` on all invoices, packing slips and labels. Date: 01/13/2012 Vendor: 169306 LEVEL 3 COMMUNICATIONS LLC PO BOX 910182 DENVER Colorado 80291-0182 Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 01/12/2012 Buyer: ED BONNETTE Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Ordered Unit Price Extended Price YEARLY PRI TRUNK CHARGE 1 LOT LS 16,000.00 BLANKET PO FOR 2012 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Total Invoice Address: $16,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 9R-0,1502. Federal Excise Tax Exemption Ceni6exte of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the temts and conditions hereof. failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of n breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of any right ofthe damage in Transit, may be returned to you for credit and arc not to be replaced except upon receipt Of written purchaser In insist upon strict perfomancc hcreofor any of its rights or remedies as to any such goods, rcgnrdlcss instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a anivcr ofany of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. here.(. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase older, the Seller hemby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments most be F.O.B., City of Fan Collins, 700 Woad St., Fan Collins, CO R0522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods 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 order. bill mint accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is Ifthc Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability nrunwithagness to comply, the Purchaser shipments arc made from greater distance. may cause the walk to be performed by the most expeditions means available to it, and the Seller shall pay all casts associated with such walk. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and riles ofthe state. municipality, territory or political subdivision where the work is performed, or rcquimd by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrecs to hold the City of Pon Collins harmless firm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations. ordinances. odes and requirements. Authorization, All parties to this contract agree that the representatives am. in fact. bona Tide and passes full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order cxprossly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by rclemacc. Any additional or di Rereat terms end conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to anive on your premised delivery date as noted. Tim, is ofthe essence. Delivery and performance must he effected within the time stated on the purchase older and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance oflumial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable mou di,s, the option ofplacing 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 cause., not reasonably foreseeable which are beyond its reuonable control and without its fault ofucgligence, such acts ofGod, acts ofcivil or military authorities. govcmmenhl priorities, fires, strikes, hood, epidemic.,, wars art riots provided that notice of the conditions cloning such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event ofany such delay, the date of deliveryshall be extmded for the period equal to the rime actually lost by mason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this older will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and pafommed with the highest degree of cam and competence in accordance with accepted standard 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 art incur on account ofthe 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 pmwribed by law or by the terms ofany 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 weak done art materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not construe a waiver ofany claim under this wimunty. Except as otherwise pmvidcd in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the broach ofany ofthe foregoing wamntics or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases 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 mires, including additions to or deletions Tram the quantities originally ordered in the specifications or drawings, by verbal at written change older. If any such change affects the amount due or the time o'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 tiny or all portions of the goods then not shipped, subject to any equitable adjuxtmcm between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prelitx on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor ofthe Scllcr with respect to any grad which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered hercunda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusmmcnt most be asccned within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc 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 arc 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 ofthe Sellers failure to comply with such laws 9. ASSIGNMENT. Neither parry shall assign, trader, or convey this order, or any monies due or to became due hercunda without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment. materials and items furnished in performance of this agreement, fire and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of mhcrs. The Seller shall release the Purchaser and its contractors ofany rice from all liability and claims of any nature resulting from the performance ofsuch work. This act case shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. oRcers and employees ofsuch party. The Seller's contractual obligations. including womanly, shall not be deemed to be reduced, in any way, hminse such work is perforated 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 cast, expense or damage which it may be obliged to pay by reason of sack infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use Of said equipment art pan is enjoined, the Seller shall, at its own cxpcnsc and at its option, either procure for the Purchaser the right to continue using said equipment or Pans, replace the same with substantially equal but anninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or hankmpt, make an assignment for the beneTit 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 oftemn used or the interpretation ofth t agreement and the rights oFall parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the sen ices of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty oa said walk i t 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 foal completion and acceptance, complete the work rat Seller's own expense and to the satisfaction of the Purchaser. When matcriak and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same a1 the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own cxpcnsc, provide for the payment of workers compensation, including Occupational disease, benefits, to its employers employed on or in connection with the work covered by this purchase older, and/or to their dependents in accordance with the laws of the state in which the walk is to be done. The Seller shall also tarty comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at tenst $300.000 for any one person, S500.000 for any one accident and property damage limit per accident of S400.0041. The Seller shall likewise require his contractors, if any, to provide for such compensation and insumncc. Before any of the Sellers or his contractors employees shall do tiny .work upon the premises of others, the Seller shall famish the Purchaser with a ecnificatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ecri ficates shall specify the date when such campciv,ation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until Thee the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the emir, responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to Tic Ons Or property, caused by or resulting from the execution ofthe work provided for in this purchase older or in connection herewith. The Seller will indemnify and hold hart in the Purehax,r and any or all of the Purchasers olfcem. agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to person or property to which the Purchaser may be put or subject by reason of any act. action, ocelot, omission or default on the pan of the Scllcr, 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 ofany of his contractors or any of its or their olTmers, agents or employees as aforcxaid, 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 agmem the property ofthe Purchaser. or said panics in or as a result of such suits or other proceedings. the Seller will at Once cause the same to be disanlved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for The pmwentinn of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Actof 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010