HomeMy WebLinkAbout113732 HIXON MFG & SUPPLY CO - PURCHASE ORDER - 3215023Fort Collins
Date: 01/02/2015
Vendor: 113732
HIXON MFG & SUPPLY CO
1001 SMITHFIELD DR
FORT COLLINS CO 80524-8565
PURCHASE ORDER
PO Number Page
3215023 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Delivery Date: 01/02/2015 Buyer:
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Signal Construction Supplies
Annual
i,w� II
Ij^
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
5,000.00
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. COMMERCIAL DETAILS.
The exemptions. By stater the City of Fort Collins is exempt f stare and local taxes. Our Exemption Number is
11. NONWAIVER.
98-W502. Federal Excise Tax Exemption Certificate of Registry B4-6000587 is registered with the Collector of
Failure of the purchaser to insist upon strict Performance of the team and conditions hereof failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993, Chapter 39-26, 114 (a),
exercise any rights or remedies provided heroin an by law, failure to promptly notify the Seller in the event of a
branch, the acceptance of or payment for goods hereunder or approval of fie 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 of the warranties or obligations of this purchase order and slut] not be deemed a waiver of any right of the
damage in manon, may be returned to you for credit and arc not to be mplaced except upon receipt of written
purchaser ro insist upon sued Performance hemofor any ofits rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins.
of whm shipped, received of accepted, as to any Prior or subsequent default hereander, we shall any purported
oral modification or rescission of Nis purchase order by the PtucM1aser operate ss a waiver of any of the, events
Inspection. GOODS am subject to the City affair Collins inspection an arrival.
hereof.
Final Acceptance. Receipt of she merchandise, services or equipment in response to this order can result f
12. ASSIGNMENTOFANTITRUSTCLAIMS.
authorized payment on the pan of the City of Fain Collins. However, it is to be unlersreaod that FINAL
Seller and the purchaser recognize that f acmd economic Practice, overcharges resulting from antitrust
eden ACCEPTANCE is depet upon completion ofdl applicable required inspection procedures.
violations. in fact home by the Purchaser. Theretofore, far good cause and m camidemtion far executing this
purchase order, the Seller hereby ensigns to the purchaser any and all claims it may now have or hereafter
Freight Tema. Shipments most be F.O.B., City of ran Collins, IDO Wood St., ran Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relining to the particular games or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
pumhasad or acquired by the Purchaser pursuant to this purchase order.
bill rases, accompany imuid. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing paints in various pans of the c untry, shipment is
expected from the nearest distribution point to damnation, and excess freight will be deducted from Invoice whm
shipments are made from greater dumme.
Frontier. Seller shall produce at salters sale cost all amessary Proud , ad ifirztes and licenses required by at]
applicable Loss. mgulatiom, ordimmo and rules of fie state, mwicipaliry, territory or political subdivision where
the work is performed, or required by any other duly comtimted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of pan Collins harmless from and against all liability and loss
incurred by them by reason of an maned or atabllshed violation of any such laws, regulations, oNina cd, roles
a
nd "m rats.
Authorization. All parties to this mound agree that the representatives arc, in face, bona ride and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS, This Purchase Order expressly limits acceplame to the ta. and conditions stared
herein see fond and any supplementary or additional tomes and conditions anvexed hereto or incorporated Mein by
reference. Any additional or different term and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you armor make complete shipment to amve on yam
promised delivery, due as noted. Time is of the a.. Delivery end pMordana meal he effected wifin the time
stated on IS, purchase order and the documents amched hereto. No acts of the Purchasars including, without
limitation, acceptance ofpunial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding she Seller liable for damages. However, fie Seller shall am be liable fro damages m a result of delays
due to causes not measurably Soundable which sir beyond its reasonable central and without its fault of negligence,
such acts afGad, acts afcivil or military, authonun, governmental priorities, f , mines, Rand, epidemics, wars or
riots Provided that notice of the conditions causing such delay is given to fie Purchaser within five (5) days of tM
time when fie Seller first received kmwled6e fereof. In the .1 crony such delay, fie date of delivery shall be
extended fro fie period equal to the time mostly lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants Out all goods, articles, materiab and work covered by Ws order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with fie highest degree of care and competence in accordance with accepted standards for work of a
similar mare. The Seller agrees to hold she purchaser harmless from any Ions, damage or expense which the
Purchaser may suffd or incur on count of the Sellers branch of warranty. The Sella shall replace, repair or make
good, without cost to the purchased, miry defects or faults arising within one (1) year or within such longer period of
time as may he prescribed by law m by tM it. of any applicable warranty provided by the Seller aRm Ore data of
maelstrom of the goods finished hereunder (acceptance rat to he unreasonably delayed), resulting from hnperfect
or defective wink done or materials f ided by fie Sclid. Acceptance muse of goods by the Purchma shall not
institute a waiver of my claim under this summary. Except as ofcrwisa provided in this purchase order, the Sellers
liability herrmM shall extend to all damages proximately caused by the branch of any of the f going wermones
or guarantees, but such liability shall in an event include has of profits or lass of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal monis by wring change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make nay changes to fie terra, other than legal terms, including additiam to or deletions Rom
the quantities originally remained in fee speciRations or drawings, by vertical or wdnrn dung[ arder. If any such
change affects the amount due or fie time ofperformmce hereunder, an equitable Wjmtmmt shall be made.
6. TERMINATIONS.
The Purchaser may in any time by wrtten change order ttminOe this agreement m to any or all portions of the
goody then not shipped, subject many equitable adjustment between the parties as to any work or materials than in
progress provided that the Purchaser shall not be liable for any claims for anticipated pfcrits on the uncompleted
,anion of the goods and/or work, for incidental or consequential damages, and Out no such adjustment be made in
favor offe Seller win, respect to any gook which me the Sellers standard stock. No such termination shell relieve
the Purchmer or the Sella of., of their obligations as to my goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most ba asserted within thirty (30) days from the date the change or a miretion is
ordered
B. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods ere subject The Sella shall execute and
deliver such documents m may be od rirrd to effect or evidence compliance. All laws and regulmiom neifired to be
inearpomed in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and bold the Purchaser harmless from all casts and damages suffered by fie Purchaser m a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither patty shall assign, transfer, or convey this order, or any mntdes due in an became due hereader without the
prior winner consent ofthe other parry.
10. TITLE.
The Seller warrants full, decor and unrestricted title to fie Purchmer for all equipment, materials, end items fpmlmed
in performance of this agreement, free and dear of any and all liens, restrictions, reservations, security interest
eacumb aides and claims trotters.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a daze b be agreed upon by the
Purebmer and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchma
may cause the work to be perfinmW by fie must expeditious roam available to it, and the Seller shill pay all
costs assescutW with such work.
The Seller shall release the Purchases and its contiacmrs of any der from all liability and claims of any nture
resulting Earn the performance afsuch wok.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
dird om, oBicam and employees ofsuch 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 purchases.
14. PATENTS.
Whenever the Seller k required to use any design, dedd, material or process covered by lend, patent tradanrk
or copyright, the Seller shall indemnify and save harmless the Purchmer from any and all claims for infringernnt
by most of the use of such putmted design, device, material an process in convection with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prmecmion or after the completion of the work. In rase said equipment, or
any pan thereof or the intended use of the gums, is in such suit held to constitute infringement and the me of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans replatt the same with substantially egml but
rroninfrin&rag equipment, or mWiy itso it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become imolvem or hankmpe, nuke as assignment for tee benefit of creditors, appoint a
or trustee fro any of else Sellers property, or miO he or business, this under ay fmthwdoweled by the
Puochmer without liability.
16, GOVERNING LAW.
The definitions offend hard or the interpretation of the agreement and the rights ofall parries hereunder shall be
continued under and govemad by the laws offe State of Colorado, USA.
The following Additional Conditions apply only in taus where the Seller is as perform work hereunder,
including the services of Sellers Representative(s), an the premises traders,
❑. SELLERS RESPONSIBILITY.
The Seller shall mery on said wink an Sellers own risk until the same u Silly completed and accepted, and shall,
in asa of my mciden4 destruction or injury to Ore wok candor materials began, Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases. When materials
and equipment rare famished by others for installation or erection by the Seller, the Seller shall receive, unloed,
store and handle same at the site and became responsible therefor as though such materials anal equipment
were being finished by the Seller under the arder.
18. INSURANCE.
The Sella shall, at his own expense, provide for fe payment of workers campeosatim, including mcupaional
disease bands s, to its employees employed on or in connection wit the work covered by this purehsse, order,
andror to their dependants w sccofdaace with the laws of fie slide in which the wok is m be done. The Sella
shall also carry dmprehensive gdrand liability including, bur not limited to, cnavacmel and aummobile public
liability insurance with bodily injury and deaf limits of at least S300.000 for any one person, $500,000 for my
oner accident and property damnte limit per accident of 5400,000. The Seller shall likewise require his
commadors. if any, to pmvnde for such compensation and ..a. Before any of the Setters an his contractors
employers shall do any work upon the premises of others, the Seller shall furnish the Purchaser with is certificate
that such compensation and insurance have been provided. Such cmirimtes shall s xvily the data when such
compensation and immmce have ben provided. Such certificatrs shall spedifythe date when such compensation
and insurance expires. The Seller nitrate, that such compensation and insurance shall be maintained until after the
moire work u completed end accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES,
The Sella hereby ammrws the entire fi ifisulay and liability for my mud all damage, loss or injury ofmy kind
or nature whatsoever to persam or property caused by m resulting from the exccurim ofhe wok provided for in
this purchase order or in cemection herewith. The Seller will indemnity and hold bound. the Purchaser and any
r all of the Porchmers officers, agents and employces f and against any and all claims, lasso, damages,
clurges or expenses, whether direct or insured, and whether to persons or property ro which the Purchaser may
be put or subject by reason of any ad, afion, neglect, omission or default on the no of the Seller, any crisis
contractors, or any of the Sella or contractors officers, agents or employces In rase any suit or other
proceedings shall be brought against the Pmchaseq or its officers, agents or employees st any time on account or
by remain of any act, action, neglect, omission or default of the Seller or any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses,
my and all judgments that may be incurred by or obtained against the Purchma or any of its or thew officers,
agents or employees m rah .its or oJha pmceedirugy, and f eau judgment or other tim be placed upon an
obtained against the property, of the Purchased, or said parade is or m a result of such suits or other pmcecdings,
the Seller will at mtt cause tee same to be dissolved and dimharged by giving bond in ofcrwise. The Seller and
his contractors shill take all safety predations, torah and install all guars nexasours, for tee prevention of
accidents, comply with all lows and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Ad of 1970 and all odes and regulations issued pursuant therein.
Revised 07Q014