HomeMy WebLinkAbout471277 EMERSON NETWORK POWER - PURCHASE ORDER - 9147084Fort Collins
Date: 12/02/2014
Vendor: 471277
EMERSON NETWORK POWER
LIEBERT SERVICES INC
610 EXECUTIVE CAMPUS DR
WESTERVILLE OH 43082
PURCHASE ORDERPO
914708er Page
147084 tofz
' This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER TREATMENT PLANT #2
CITY OF FORT COLLINS
4316 W LAPORTE AVE
FORT COLLINS CO 80521
Delivery Date: 12/02/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Preventive Maintenance 1 LOT LS 16,550.00
agreement for WTP per Quote # Q02209915
Period of coverage 01/01/2015 to 12/31/2014
2 Preventive Maintenance 1 LOT LS 6,694.00
agreement for WQL per Quote # Q02209982
Period of coverage 01/01/2015 to 12/31/2015
Email PO to: Mark Zuffoletto at mazuffoletto anacsystems.com
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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
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Page 2 of 2
1. COMMERCIALDETAIIS.
Tax exemptions. By smote the City of Fort Collins is exempt from state sal local taxes. Our Exemption NumM is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Coolies. of Registry 84-600058I is registered with the Collator of
Failure arm, Purchaser to insist upon stria performance of the terms and conditions hereof. failure or delay to
Internal Revenue, Denver, Colorado (Ref Colom k, Revised Statutes 1993, Chapter 39-26, 114 (a),
exercise y rights inrem Wics provided farm or by law, failure W promptly ratify the Sella in me event of a
my
breach, acceptance arm payment for goods hereunder or approval ofthe design, shall not release the Seller of
Good Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase onto and shall not be deemed a waiver of my right of the
damage in transit, may he rammed to you for credit and are not an be replaced except upon receipt of written
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
imwctiuns from the City of For Collins.
of when shifted, received or accepted, as to my 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 my of the terns
Inspection. GOODS are subject to the City of Part Collins irrigation on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
uuthodzed payment on the Pont of the Ciry of Fort Collins. However, it 6 to be understood that FINAL
Seller and the Purchosa recognize No in actual economic practice, overcharges resulting Imo mltownt
ACCEPTANCE is dependent upon completion ofall applicable Comired inspection procedures.
violations art in fazt home by the Pontoon. Theretofore for good wog and w co sidemtion for executing this
purchase Cola, the Seller hereby assigns to the Purchaser any and all claims it tray now have or hereafter
Freight Teton. Shipments must be F.O.B., City of Fort Collins, Toff Wood St, Fort Collins, CO 80522, unless
acquired under federal m Not antitrust laws for such ovembarg ,relating to the particular goods or services
otherwise specified on Jars order. if permission is given to prepay freight and charge separately, the Original freight
purchased or acquired by the Punch. pursuant to this Paribas, order.
bil I must accomoanv invoice. Additional chances far packing will not be accepted.
Shi,mem Distance. Where manufacturers have dowilmong points in various pans of the Country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
ship ads in, made firm greats distance.
Permits. Seller shall procure at sellers sole Cost all necessary permits, cerificams and licenses required by all
applicable laws, regulations, ordinances and toles of the state, municipality, lerritory or political subdivision where
the work is performed, or raptured by any other duly corwhimted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold me City of Fort Collins harmless from and against all liability and loss
recurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles
and requirements.
Authorization. All fames 1a this contract agree dart me representatives are. in fact. boon fide and possess fun and
omplee authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condltiom stated
herein so forth and any supplementary or additional terms and conditions annexed hereto or incorpommd herein by
rcfiauw ce. Any additional or different ¢rats and Condition, proposed by seller am objected to and hereby rejected.
2, DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents amched hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay,
the Purcharer shall have, in addition to other legal and yuitable remedies, the option ofplacmg this offer elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for dosages as a result of delays
due to causes not reasonably f newouble which art beyond its reasonable Control and without its fault of negligence,
such acts ofGad, users ofeivil at military aothadtics, govemmrntal pdonfics, fires, stnkm, flood, epidemics, wars or
dots provided Net Notice of me Conditions causing such delay is given to the Pumhaer within five (5) days of me
time when the Seller first received knowledge been(. In the event of any such delay, the date of delivery shall be
extended for me period ryual to me time actually lost by reason ofine delay.
3. WARRANTY.
The Seller wartants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be at for the purposes intended, and
Performed with the highest degree of care and competence in accordance with accepted staMards for work of a
similar wtme. The Seller agrees to hold the purchaser harmless from any less, damage or expense which the
Purchaser may suQer or incur on account of me Sellers breach of warranty. The Seller shall replace, repair or make
good, without cast to the purchase, any defects or faults arising within one (I) year or within such longer period of
tinge ar may ho prescribed by law or by the terms of my applicable warranty provided by the Seller after Be date of
acceptance of the good marginal hereunder Mcceplane, not to be ame tiombly delayed), resulting from imperfect
or defective work done in materials furbished by the Seller. Acceptance muse of goad by me Purchaser shall act
c timle a waiver ofany claim under this warranty. Except ex otherwise provided in this purchase under, she Sellers
liability hereunder shall extend to all damages Proximately coned by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of,m fits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tam by written change order
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes 1. the terms, other man legal laws, including mldnions to or deletions from
the quantities originally ordered in the spaircmioas or drawings, by verbal o wMtch change We, If any such
change affects the amount due or the time of Performance hereunder, an equitable adjttmmem shall be made.
6. TERMINATIONS.
The Producer, may at soy time by writer charge oNec, terminate this ultimatum as to any or W1 portions of the
good No not shipped, subject to any equitable adjustment between the panda ar to any work err Comaials men in
progress provided that the Purchaser shall not the, liable for any claims for amicipaed proms on me uncomple ed
,onion of the good andlor work, for incidental m consequential damages, and that no such adjuament he made in
favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Sella of any oftheir obligations as many goods delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the done the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants Not all good sold hertuMa shall have been produced, said. delivered and famished in atria
compliance with all applicable laws and regulations m which me good am subject. The Seller shot[ execute and
deliver such documents as may b, Calcined 10 effect Or evidence compliance. All laws and regulas. sequitur to be
incorporated in agreements of this character are hereby incorporated herein by this referma. The Sella agrees to
indemnify and hold me Puchasm harmless tram all Costs and damages suffered by me Purchase az a result of me
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither puny shall assign, garsRr, or convey this order, or any monies due or to become due hereunder without he
prior written consent of the other may.
10. TITLE.
The Seller warrants full, dam and unfestdcted title to me Purchaser for all equipment, materials, and item famished
in perromaner of this ancemenk fire and clew of my and all liens, restriction, reservations, security interest
encumbmnecs and claims of others.
IS PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
lithe Purchaser directs the Sella to correct nonconmCming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Sella thereafter iudiceres its inability or unwillingness to comply, the Purchaser
may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all
Costs associated with such work.
The Sella shall release the Purchaser and its COMMeNis Of my tier from all liability and claims of any nature
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of me par, released aM shall extend to the
directors, officers and employees ofsuch party.
The Selleex comracmal obligations, including warranty, shml not be downed to be reduced, in any way, because
such work is performed in caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, device, material or process Covered by lone. port, trademark
or copyright, the Seller shall indemnify and save h mnless me Purchaser from any and all claims for infringement
by ration of the use of such patented design, device, material or process in connection with the Contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after me completion of the work. In case said equlprnem, or
any pan thereof or the intended use of the goods, is in such suit held to Candidate infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own experts, and at its option, either procure for the
Purchaser the right to continue using said equipment or pan, replace the more with substantially mind but
noninfringing ryuipmed, or modify it so it becomes mnlnfnngmg.
IS. INSOLVENCY.
If the Sella shall become imucha l or banking,, make ao assigmnew far IN bandit of creditors, appoint a
receiver or trustee for any of the Sellers
properly
or business, this order may foMwith be canceled by the
Purcharer without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all ponies hereunder shall be
Command under and governed by the laws of the State ofenlomdo, USA.
The following Additiaml Conditions apply only in aws where the Sella is to perform wok hereunder,
including me services of Sellers Reprogroative(s), an me premises advisers.
12. SELLERS RESPONSIBILITY.
The Seller shall wry on said work at SeIINs awn disk until the sarne is fully completN vW acrepted, and shall,
in Cause of any accident, destruction in injury to me work and/or materials before SeIINs final Completion mW
acceptance, Complete me work at Seller's own expense and to the satisfaction of the Purchaser. Whoo marenaB
and equipment are Po ishW by others for installation or enaction by me Sella, me Sella shall receive, united,
store eM haMle were at the site and bcome responsible therefor m though inch um wrdx und'or a nipment
were beings ished by the Seller under me amen.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensarian, including occupational
disease benefits, to its employees employed on err in connection with the work covered by this purchase order,
and/or to their dependence in accordance with me laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability imumnra with Fairly injury and death limits of a1 least S300,0W for my a— persaq $500,000 for any
one accident and property damage limit per accident of S400,000. The Sella shall likewise rtgNrt his
omrcmrs if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors
amployas ahall do any wok upon lie premises of others, the Sella shall f ish the purchaser with a certificate
man such Compewtion and inaurance have that. pmvidW. Such curtifica as shall spear, the dale when such
compensation and insurance have been provided. Such Certificates shall specify me date when such compensation
Crd insurance expires. The Seller agrees that such Compensation No irssurace shall be maintained until after me
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
'The Seller hereby assumes the engirt res,omibil ily end liability for any and all damagq less or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold broodos the Purchaser and any
r all of the Purchasers officers, agents ad employees from and ag.I., any and all claims, asset, timing.,
charges or expanses, whether direct or indirect, and whether to persons or property to which me Pmchaer nay
to put or subject by reason of any act, action, neglect, omission or default on the pan of the Salle, any of his
ontmctors, or my of the Sellers or contractors officers, agents or employers. In swat any suit or outer
proceedings shall be brought against the NMC. or its officers, agents or employers in my time on account or
by reawn of my no, action, neglect, omission or default of me Sella of my of his contrcom many of its as
their oINcars, agents or employees as ofcasaid. the Seller hereby agrees to assume the defense thereof and to
defend the same at me Sellers own expense, W coy any and all Costs, charges, mtomcys fees aM other expenses,
my and all judgments Jar may be moral by or obtained against the Purchaser err any of its or their oMe.,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property, ofine Purehuse. or said parties in or as a result of such suits or other pmceo ings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall Like all safety precautions, famish and install NI goods necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1920 end all rules end regulations issuW pursumr thereto.
Revised (DIN14