HomeMy WebLinkAbout536569 TOTAL TRAFFIC NETWORK - PURCHASE ORDER - 3215064PO
PURCHASE ORDER 321506er Page
City. of PURCHASE
3215064 ' of z
' `t Collins This number must packing
on all invoices, packing
sli s and labels.
Date: 01/07/2015
Vendor: 536569
TOTAL TRAFFIC NETWORK
62301 COLLECTIONS CENTER DR
CHICAGO IL 60693-0623
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Delivery Date: 01/07/2015 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
I Neighborhood Traffic Safety
2015 Annual Blanket- Radio Ads
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
1 LOT LS
20,000.00
Total $20,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDEfA11S.
Tax exemption. By statute the City of Fort Collin u exempt from sole red local taxes. Ow Exemption Number is
11. NONWAIVER.
98104502. Federal Excise Tax Exemption Cenifote of Registry dffi000587 is agumm, with the Collector of
Failure of the Purchases to insist upon strict pert vice of the aims and condition bctwf, failure or delay m
Internal Revenue, Denver Colorado (Par Colorado Revised Sates 1973. Chapter 39-26.114 (af
sereise any rights or remedies provided brain or by law, failure to promptly testify the Seller in the event of a
breach, the acceptance of., payment for goods mummer or approval of the design, dull or release the Seller of
Goods Rejected. GOODS REJECTED due tP failure to nee, specification, either when shipped m due 10 defects of
any of the warranties or obligation of this purchase order and shall test be dery d a waiver of any tight of the
damage in baton. may W rmoned to you for credit and arc not to he replaced except No otrip, of write.
purchaser to psis. upon shirt performance mamfor any ofits rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins.
of when shipped, neived or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any Price terms
Inspection. GOODS are subject to the City of Pat Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of hue merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTII RUST CLAIMS.
authorized payment on the pan of the City of Fan Collins. However it is P. be understund that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion Mall applicable required inspection procedures.
violations me in fact home by the Purchaser. Theretofore�forr good vase and as cmtsidemtion for executing this
Purchase order, the Seller hereby assigns , the Purchaser any and all claims it may raw have or hereafter
Freight Terms. Shipments must be F.O.K. City of Fan Collins, 7110 Woad St., Fan Collins, CO 80522, unless
acquired under fedeal or some antitrust laws for such overcharges relating to the Particular good or sconces
otherwise specified on this order. If permission is given to prepay freight ad charge separately, the original freight
Purchased or acquired by the Purchaser pfirsttm, ro this purchase polar.
bill most accompany Possum, Additional charms for packing will not be moepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Dstance.Where manufacturers have disarming points in various pans of the country, shipment is
If Me Purchaser directs the Seller to contact nmconfomuvg m defective good by adate to be agreed upon by the
upeated fmm the rarest distribution pope a desrintion, and excess freight will be deducted from Invoice when
Purchaser aed the Seller, and the Seller thereafter indicates its scooliry m unwillingness to comply. the Purchaser
shipments art made fmm greater distance.
may cause the work ro be parfared by doe most expeditious mean available m it, until the Seller shall pay all
costs associmal who such work.
Permits. Seller shall procure at sellers sale cast all necessary pc.its, cerrifucarrs and licence required by ill
applicable laws, regulation, oolimnws and rules of the stale, municipality, territory or Political subdivision where
the work is performed, or required by any other duly coustimed public authority havingjunss iction over the work
of vendor. Seller further agrees to hold the City of Fort Collins hmmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, Piles
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
omplae authority to bind said parties.
LIMITATION OF TERMS, This Pmcbase Order r,maxly limits acceptance to the terns and condition sated
herein so forth and any supplementary or additional rents and conditions sawed here, or incorpommd herein by
romance. Any additional or different terms and condition proposed by seller are objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASMG AGENT immediately if you cammt nuke complete shipment to arrive on your
promised delivery date as voted Time is of the eaerce. Delivery and performance mot be effected within the time
stated on the purchase order and the documents attached hereto. No was of tbe Purchases including, without
limitation, acceptance Mpartial late deliveries, shall operate as a waiver of this provision. In the event of any ddey,
Me Purchaser shall have, th addition to other legal aid equitable remedies, the option ofplacing this order elsewhere
and holding the Sellcr liable for damages. However. the Seller shall not be liable fin damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without is fault of negligence,
such is of God, acts Mcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that Police of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specification, samples mrhor other descriptiom given, will be fit for the purposes intended, and
performed with the highest degree of sure and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees 10 hold the purchaser harmless from any loss, damage ar a.,. which the
Purchaser ray suBer or incur on account of the Sellers branch of wasanty. The Seller shall replace, repair or make
good, without cast to the purcharer, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the was army applicable wammry provided by the Seller after the date of
acceptance of the good famished lawmaker (acceptance not to be umeasowbly letayd), resulting firm imperfect
or defective work Mane or materials fiuuishnd by the Seller. Acceptance or use of goods by the Purchaser shall no,
antitum a waiver of any claim order this warmnry. Except as otherwise provided in this purchase Dols, the Sellers
liability bnemder shall extend, all damages proximately caused by the breach of any of the foregoing'monies
or guarantees, but such liability shall in no went include loss of profs or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. C14ANG ES IN LEGAL TERMS.
The Purchaser may make changes to legal moms by wnnen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make nosy changes to the terms, ether than legal terms, including additinm to or deletions !rum
the quantities originally ordered to the speificatioat or drawings, by verhal a wring change order. If any such
change aR vice amount due or the fine ofperformmce bereundn, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by writan change order, refs irate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the ponies as, nosy work or materials then in
progress provided that the Purchaser shall rut be liable for any claims for anticipated pmfts on the uncompleted
Portion of the goads and/or work, fat incidental or o ncquential damages, ad that no such djniment be made in
favor of the Seller with respect many goods which are the Sellers stanaad stock. No such termination shall relieve
Me Purchaser w the Sellcr of any ofiber, obligation as, any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment runt be asserted within thirty (30) days from the dam ,he change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in stria
compliance with all applicable laws and regulation to which the good are subject. The Seller shall execute and
deliver such docummo as may be required to effect in evidence compliance. All laws ad regulation required to be
incorporated in agreements of this character are brushy incorporated herein by this reference. The Seiler areas to
indemnify aod hold the Purchaser hmmlau f all costs and damages suffered by the Purchases as a repair of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pant shall assign, bander, or convey this order, or my mortis due or to become due brrtmuln without the
prior writes consent ofthe other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agrcemee, free and clear of any end ail lien, restriction, reservation, security inters.
encumbrances and claims ofothers.
The Seller shall release the Purchaser and its contractors of any her frvm all liability and claims of any none
resulting him the pM ommm of such work.
This release shall apply even in the event of fault of negligrnce of the pony released end shall stmd ,the
direcmes, officers and employees of such party.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to sea any design, device, mateual w p.a. coveml by tense peen, trademark
or wpiAgh. Mo Seller shall indemnify, and save harmless the Purchaser fmm any and all claims for infringement
by reamv of the use of such patented design, device, material or process in connection with the contract, rand
shall indemnify, the Purchaser for any Pist, expense in damage which it may be obliged to pay by resswn of such
inGngement at airy time during the prosecution or after the completion of the work. In case said equipment, or
any pan Mercer or the intended use of the goods, is in such suit held to constitute infringement and the use of
said eqmpmm, oc pan Is enjoined, the Sellcr shall, at its awn expense and a, its option, either proem, for the
purchaser the right to continue using said equipment or pans, retiree the same with substantially equal but
noninfnnging equipment, or modify it so it becomes mninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmp. make an assignment for the beneh, of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may fonhwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation Mthe agrceme r and the .,his of all panic hereunder shall be
convinced under and governed by the kaws of tha State of Colorado, USA.
The following Additional Condition apply only in cases where the Seiler is to perform work hereunder,
including fe services of Sellers Representative(s), an the pmaiss of others.
I). SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Sellers own risk writ the game is fully completed and accepted, and shill,
in use of nosy accident, destruction or injury in the work anchor materials before Sellers final completion pod
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mamrials
and equipmee me banished by others for installation ar common by the Seller, the Seiler shall receive, unload,
store and handle same at the site and became impossible therefor as though such materials and/m eqor, .
were being fumichad by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employers employed on or is connection with hue work covered by this purchase order,
and/or to their dependents in accordance with the laws of the .to in which the work is to be done. The Seller
shall also carry comprehensive general liability including. bur not limited,, commnual and automobile public
limiliry inerrowe with bodily injury and death limits of or least S30o," for any one person, S500,000 far any
one accident and property damage limit Per accident of S400,000. The Seller shall likewise require his
conrracros if any, in provide for such compensation and insurance. Drum any of the Sellers cur his contractors
employees shall do any work upon the pmonises of others, the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been provided. Such cortifiwtn shall specify the date when such
tam mosa m ad insurance have been provided. Such certificates shall specify the dale when such compensation
and insurance expire. The Seller agrees that such compeusatiov mad issuance shall be maintained mail after the
sfue work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby am umrs the wain, responsibility and liability for any and all damage, lass or injury army kind
or nature whatsoever to Persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees hoe 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, neglect, omissim or default on the pan of the Seller 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 oRcers, agents or employees at my time on account or
by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or
their efforts, agents err employees as aforesaid, due Seller hereby Plans to assume the defense thereof pad 10
defend the wrom at the Sellars own expense, to pay my find all costs, charms, attorneys fees and other expenses,
my and all judgments that troy be incurred by or obamod against the Pmchasw, or any of its or their officers,
agents or employees in such suits or other proceedings, and is use judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in ne as a result ofsuch suits or other proceedings,
Me Seller will at once cause the same to be dissolved and dischmgd by giving bond or otherwise. Fire Seller and
his coatmcmrs shill take all safety pnautiom, fiunish and imoll ill guards necessary for the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limiounn, the
Occupational Safety and Hsith Act of 1970 and all rules aM regulation issued pursuant throm.
Revised 072014