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HomeMy WebLinkAbout169306 LEVEL 3 COMMUNICATIONS LLC - PURCHASE ORDER - 9150039Fort Collins Date: 01/06/2015 PURCHASE ORDER Vendor: 169306 LEVEL 3 COMMUNICATIONS LLC PO BOX 910182 DENVER CO 80291-0182 PO Number Page 9150039 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/06/2015 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 Unit Price Extended Ordered Price 1 2015 BLANKET PO -LEVEL 3 YEARLY PRI TRUNK CHARGE 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 12,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By s em a the City of Fort Collins is exempt farm state and local taxes. Our Earned. Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Regbury 84-6000587 is regismred with the Collator of Failure of the Parchsser to insist upon strict panconmce of the tens and conditions hared(, failure or delay to Internal Revnue. Dever. Colorado (Ref. Colorado Revised Smmtes 1973. Chapter 39-26. 114 (a). exercise any rights or permits provided herein or by law, failure TO Promptly notify the Seller in the event of a breach, the easternmost, of or payment for goods hereunder or appoovul ofthe design, shall art resume the Seller of Goods Rejector. GOODS REJECTED &e to failure no rem specifirmusics, either when shipped or due m defects of mY Of the warranties or obligations of this Purchase Omer and shall ram be domed a waiver Of any right of the damage in ratan. may be minimal m you for omit and are not to be, replaced except upon map, of whom pmchuer to insist upon strict perfommna re heofo any of its rights a remedOr man ies y such goods, regardless instructions boom the City affair Collins. cranes shipped, received or acceptor, as to my prior or subsequent default hemanda, not shall any rumored rand modification or rescission of this purchase order by the Purchaser operate as a waiver of any ofthe mros Inspection. GOODS art subject to the City airport Collins inspection on arrival. hereof. Final Acceptanc, parlor of the merchandise, services or equipment in reap rem to this order can reach in 12. ASSIGNMENT OF ANTITRUST CLAIMS, anthodud payment oa the pan of the City of Fan Collins. However, it is to be understood not FINAL Sella and the Purchaser mcognitt that in acnul economic practice, overcharge resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchau order, the Seller hereby assigns to the Parchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fan Collins, 900 Wood Sr, pun Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods Or services otherwise spccifed an this order If permission is given no prepay freight ..,it charge separately, the original freight purchased or acquired by the Purchaser pursuant an this purchase order. bill must.company invoke. Additional charge far packing will at he acceptor. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in conate, .as of the micy shipment is If he Fuchsia direr. the Seller. cancer nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point an destitution, and carats freight will he deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicate its inability or unwillingness to comply. the Purchaer shipments are made from greater distance. may cause the wank to be performed by the most expeditious means available to it, and the Seller shall pay all costs emotional with such work. Pmnits. Seller shall procure at sellers sole cast all necessary pemrits, conifrwtm and licensor requirm by all applicable laws, mgulatiom, ordinances and rates office sham, municipality, armory or poldiml subdivision where The Seller shall mi. the Purchaser and its crntnetors of any tie farm all liability and claims of any nature the work is performed. or required by any other duly canstimtm public authority having jurisdiction over the work resulting farm the performance ofsrch work. of We, Sella fuller agrees an hold the City of Fon Collin harmless farm am ,as, all liability and loss incurred by them by mason of an assured or establishes violation of any such laws, regulations, ordimners, roles This ¢lease shall apply even in the event of fault of negligence of he party reduced um shall extend m the and requirements. diraron, officers and employees ofsuch party. Authodaatlon. All panes to this contract agree that the representative am, in fact, bow fide and pusscss full and camplem authority,. bind said pmie. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the re= and condition stated herein set forth and any supplementary or Wiliam] terms and conditions annexed harm or incorporated herein by reticence. Any addhiowl or different torm and conditions propose by seller art objected to and hereby rejected- 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipmem to arrive an yam promised delivery date to noted. Time is of the assent,. Delivery tad performan¢ most be a@card within the time stated on the purchase order and the documents attached heart.. NO .,,a of the Purchasers including, whhom limitation, acceptance of pmiul late delfvedes, shall operate as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damage as a resin, of delays due to causes not romearubly foreseeable which are 1xi its reasonable corral and without ins fault of negligence, such acts of Gad, sew of civil or military authorities, governmental priorities, fires, strikes, Head, epidemics, wars or fiats provided that move of the conditions causing such delay is given to the Purchaser within fee (5) days of he time when the Seller first received knowledge thereof. In the event of any such delay, the dale of delivery shall ba rawas ed for the pound equal to the time actually Ins, by reason of,be delay. 3. WARRANTY. The Sella warrants than all good, articles, materials and work covered by this order will conform with applicable drawings, spa'ifcations, sample andrm other descriptions given, will be fit for the propose intended, and performed with the highest degree of are it campneme in acmNance with asempnm standards far work of a similar nature. The Sella agrees or hold the purchaser harmless firm my loss, damage or expeme, which he unc Pahier rimy sub car incur on area., of the Sellers breach of warr.ry. The Sella am][ replace, reform a make good, without cost to the purchaser, my defects or felts arising within one (1) year or within such longer penal of time u may be pmscribrd by law or by he tears of my applicable warranty provided by the Seller after the dare of acceptance of the goods furnishes here.der (acceptmce not he unreasonably delayed), resulting from imperrat or defective work d.e or materials famished by the Seller. Acceptance or use of goods by the Purchase shall not onetime a waiver crony claim under this warranty. Except Asotherwise provided in this purchase order, the Sellers liability hereunder shall extend an all damages proximately caused by the breach of any of the foregoing w'ananties or guarantees, but such liability shall in no event include loss of profits or loss of rase. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser, may make changes m legal arms by wont. change color. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my change to the hertm, other than legal cams, including additions to or deletions from the quantities originally ordered in the specifications, or drawings, by verbal or wrom change order. If my such change affects the amount due or the time ofperfonr ince hereundn. an equitable adjustment shall to, mace. 6. TERMINATIONS. The Purchaser may at my time by wrbnm change order, reactance this agreement or an my or all portions of the goods than not shipped, subject at my equitable acjustmmt betw<en he parties as in any work or emends then in ,rogue Provided that the purchaser, shall art be liable for my claims far anticipated profits on the unwmplelm portion of the good molar work, for incidental or constram tial damages, and that an such adjustment be made in favor arm Sella with respect to my goads which are he Sellers standard stock. No such temtinstion shall relieve ,he Purchaser or the Seller ofany of heir obligations as m any goad delivered Mender. 7. CLAIMS FOR ADJUSTMENT. Any claim for acju,ment most be uaened within fury (30) days from the &m the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants thin all good sold hereunder shall have been produced, sold, delivered and famished in strim compliance with all applicable laws and regulators 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 incmporated herein by this ,nfncom. The Seller agrees to indemnify and hold the Purchaser harmless from all cosa and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry dull ouigq.rotor, or convey rhos order, in, my mania &e or to boom, due Meander withml do, prior coupon consent OrOo, other parry. 10. TITLE. The Seller warm is full, clew and umcoricied fide to the Purchaser rural[ equbpmmt materials, and it. fsbed in perfonnence of hbs agreement fee aver clear of my and all lies, restrictions, reservations, seuairy mares, recumbrow. and claims of ohea. The Sellers contractual obligations, including warmnry, shall not M deemed m be tnWced, in any wag became such work is performed or cause to be perform by he Purohaser. 14. PATENTS. Whoever the Seller is required Id use any design, desire, mmmal or process covered by lenev union,, trademark r copyright, the Sella amp indemnify and save laundress the Purchaser frvm any and all claims for concomitant by reason of the use of such patented design, device, national or process in connection with the contract, and shall indemnify the Purchaser for any con, expense or damage which it may be obliged to pay by reason of such infdngemem 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 goads, is in such suit held to constitute infringemom and she use of said equipment or part is enjoined, the Seller shall, at its own expense end at its option, either procure far the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nonlnfnnging equipment, or minify it m it becomes noninGtnging. I S. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment far the tha t of creditors, crucial e mayor an trustee for any of ht Sellers property or business, this order may foundation be canceled by the Purchaser Wuhan' lionloY 16. GOVERNING LAW. The defnitiom fit. rind or the interpsemtion ofhe sayement and the rights ofall partiox hereunder shall he construed anchor and governed by the laws ofhe Stan of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is in perform work hacunder, including the smite of Seller Ro,sommunw D), an the penises of others. 17, SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of my accident, destruction or injury m the work andlor tmatmals before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Puncheon. When materials and equipment art famished by others for installation or erection by the Sella, 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 fumishm by the Seller under the Order. 18. INSURANCE. The Sella shall, at his own expense, provide for the Payment of workers compensation, including occupational disease benefe,, to its employees employed on or in connection with the work covered by this purchau 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 limitod to, commaual and automobile public Iiabiliry insurance with bodily injury and death limits of at least 5300,00o for any one person, $500,000 for any one accident and property damage limit pet accident of SmA000. The Seller shall likewise rafuire his exmmctors, if my, to provide far such compensation and announce. Before my of he Sellers or his contractors employees shall do any work upon the premmis of others, the Sella shall famish the Purchaser with is certificate that such compensation am insurance have been provided. Such carificmea shall specify he date when such camper dm am bummer have been provided Such confirm, shah specify he dare when such anTerhdim and i...a, expires. The Sella agrees thal such compemation aver ushe a shall be mainmmcd until after he ennire work is completed and mceptcd 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes he maim responsibility and liability for my and all damage, loss or injury army kind Or nature whatsoever an person or property, caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will imemNfy and hold harmless the Purchaser and my or all of the Purohaaen oRcas. agents and employees from and again, any and all claims. Inner damages, charges at expenses, whether direct or indirect, and whether to person or property to which the Purchaser may be put or subjan by main of any art, action, neglect, omission or default on the pan of the Sella, my of his ontrartars, or my of the Sellers or contractors officers, agents or employees. In case my suit or other poceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on accan'at ar by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of d or their officers, agents or employees as aforesaid, the Seller hereby agrees to ch ume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, anomeys fees and other expenses, my and all judgmems Out may be incurred by or obtained against the Purchaser or my of its or them officers, agents or employees in such sure, or other proceedings, and in cue judgment or other lam be placed upon or obtained against the property of he Pormlo n, or said ponies bet or as a is of such stops Or other proceedings, the Seller will at race cause he more to be dissolved and discharged by giving harm or ofas ow. The Seller and his contracmrs shall take all safety precautions, furnish and install all guards maturity for the prevtmon of mcbdene,, comply with all laws and mudauost with regard an safety including, but without limitaton, he Oa rpauotml Safety and Health Act of 1970 and all rates and regulations barred pursuant thrum. Revised 07nOi4