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HomeMy WebLinkAboutRESPONSE - BID - 7499 ELECTRIC VEHICLE SUPPLY EQUIPMENTF_T•N Powering Business Worldwide City of Fort Collins EVSE April 19, 2013 For Questions, Comments & Clarifications Contact: Manny Alexander 1303.738.2377 EmanuelAlexander@Eaton.com Selling Policy 25-000 November 1. 2008 Page 4 Liquidated Damages Contracts which include liquidated damage clauses for failure to meet shipping or job completion promises are not acceptable or binding on Seller, unless such clauses are specifically accepted in writing by an authorized representative of the Seller at its headquarters office. Patent Infringement Seller will defend or, at its option, settle any suit or proceeding brought against Buyer, or Buyei s customers, to the extent it is based upon a claim that any Product or part thereof. manufactured by Seller or its subsidiaries and furnished hereunder, infringes any United States patent. other than a claim of infringement based upon use of a Product or part thereof in a process, provided Seller is notified in reasonable time and given authority, information and assistance (at Seller's expense) for the defense of same- Seller shall pay all legal and court costs and expenses and court -assessed damages awarded therein against Buyer resulting from or incident to such suit or proceeding. in addition to the foregoing, if at any time Seller determines there is a substantial question of infringement of any United States patent, and the use of such Product is or may be enjoined. Seller may, at its option and expense. either (a) procure for Buyer the right to continue using and selling the Product: (b) replace the Product with non - infringing apparatus: (c) modify the Product so it becomes non -infringing: or (d) as a last resort, remove the Product and refund the purchase price. equitably adjusted for use and obsolescence. In no case does Seller agree to pay any recovery based upon its Buyer's savings or profit through use of Seller's Products whether the use be special or ordinary. The foregoing states the entire liability of Seller for patent infringement. The preceding paragraph does not apply to any claim of infringement based upon. (a) any modification made to a Product other than by Seller: (b) any design and/or specifications of Buyer to which a Product was manufactured; or (c) the use or combination of Product with other products where the Product does not itself infringe. As to the above -identified claim situations where the preceding paragraph does not apply. Buyer shall defend and hold Seller harmless in the same manner and to the extent as Sellers obligations described in the preceding paragraph. Buyer shall be responsible for obtaining (at Buyer's expense) all license rights required for Seller to be able to use software products in the possession of Buyer where such use is required in order to perform any Service for Buyer. With respect to a Product or part thereof not manufactured by Seller or its subsidiaries. Seller will attempt to obtain for Buyer, from the supplier(s), the patent indemnification protection normally provided by the suppliers) to customers. Compliance with OSHA Seller offers no warranty and makes no representation that its Products comply with the provisions or standards of the Occupational Safety and Health Act of 1970. or any regulation issued thereunder. In no event shall Seller be liable for any loss. damage. fines, penalty or expenses arising under said Act. Limitation of Liability THE REMEDIES OF THE BUYER SET FORTH IN THIS CONTRACT ARE EXCLUSIVE AND ARE ITS SOLE REMEDIES FOR ANY FAILURE OF SELLER TO COMPLY WITH ITS OBLIGATIONS HEREUNDER. NOTWITHSTANDING ANY PROVISION IN THIS CONTRACT TO THE CONTRARY, IN NO EVENT SHALL SELLER BE LIABLE IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE FOR DAMAGE TO PROPERTY OR EQUIPMENT OTHER THAN PRODUCTS SOLD HEREUNDER, LOSS OF PROFITS OR REVENUE. LOSS OF USE OF PRODUCTS, COST OF CAPITAL. CLAIMS OF CUSTOMERS OF THE BUYER OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, REGARDLESS OF WHETHER SUCH POTENTIAL DAMAGES ARE FORESEEABLE OR IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF SELLER ARISING FROM OR RELATED TO THIS CONTRACT WHETHER THE CLAIMS ARE BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, SHALL NOT EXCEED THE PRICE OF THE PRODUCT OR SERVICES ON WHICH SUCH LIABILITY IS BASED. EJ*N rtr,�r.yavkra«d� Eaton Corporation. 1000 Cherrirglon Parkway Moon Township, PA 15108 United States Tel: 1-800-525-2000 Eaton.com 0 2008 Eaton Corporation All Rights Reserved Printed in USA Publication No. SP03000001 E Z7740 Pow-R-Station Level Z AC electric vehicle charging station Far more inlonnaaon about Eaton's electnc vehicle sulubors, scan this OR Code, Note: Wallmount shown. Pedestal configuration also available. IFM,T*N Powering Business Worldwide Product family overview The electric vehicle (EVl revolution is here, and with it the need for a robust and accessible EV charging infrastructure. Eaton meets that need with a family of EV charging stations specifically designed for use in the places where people work, shop, and play. Eaton's Pow-R-Station Level 2 AC charging stations are offered in 30A and 70A styles, and provide a 4-6 hour charging range, depending on battery size, making this design suitable for residential or commercial installations. Product description The Pow-R-Station Level 2 AC charging station provides users with a robust, dependable solution to their EV charging needs. Designed to meet the most rigorous electrical and environmental standards, the charging station is housed in an attractive aluminum case and equipped with the industry standard SAE J1772- power connector mounted on a 9-18-foot cord. A series of six LED indicators gives users system status and feed- back for ease of use. The Pow-R-Station Level 2 charging station is available as a wallmount or as a freestanding pedestal. The charging station can be applied as standalone or be configured as a network and used with Eaton's optional Network Manager software to monitor and manage the entire network's performance. The charging stations can be equipped with optional secure access control devices or point -of -sale systems or can be field retrofitted. Standard features • Level 2 AC charging-208 Vac or 240 Vac • Eaton's standard one-year warranty on all electrical components and housing per Selling Policy 25-000 • NEMA-° 313 exterior housing Standards compliance • SAE J1772 2010 EV conductive charge coupler • NFPAe 70 National Electrical Code;%Article 625 Electric Vehicle Charging System • UL* 2231 personnel protection systems for EV charging circuits • UL 2594 EV supply equipment (outline of investigation) • UL 1998 software in programmable components • FCC compliant Technical Data TDOEV00003E Effective March 2012 Table 1. Catalog Numbering System S B R 3 Prodect Family 5 = Charging slatlmt Eo Cable b Sutim IBM clUsers engi R = NEMA 3fl 1 = 9 rt P =Custom palm 2= 16 h 3= 1 B it A = Level 2 AC wallmount B= Level 2 AC pedestal K = L2 AC wallmount w/LI pullet M = L2 AC pedestal wAl outlet Credinuess Ampere Rating B = 30A, 40A. reg. upstream C = MA. 90A, ran. upstream Pow-R-Station Level 2 AC electric vehicle charging station Communications X = 3asic hardware (serial. Modters`BTU) 1 = Network Manager —Ethernet 2 = Network Manager —cellular (GSM) 3 = Network Manager—Wi-F A = ChargePoint Network enabled and device B = ChargePoint Network enabled— GSM/GPRS USA C = ChargePoint Network enabled— GSMIGPRS Canada D = ChargePoint Network enabled —COMA no = No accessory CC = Credit card reader RB = RRD—basic RU = RRD—User ID tracking ML = Meter -/- 1% accuracy CP = ChargePoint card only CR = Charge Point card and cotdac lass credit card Note: Sample catalog number configuration above shows a Level 2 Pedestal EVSE. NEI✓A 311 enclosure, 18-ft cable. 30A, Network tanager capable via Wi-Fi. and credit card reader accessory. Specifications Table 2. Technical Specifications Dane, rvie on 304% 70A Incoming voltage and connections; 208-240 Vac, Line 1. Line 2. and Earth ground Input fruclumcy 50/60 Hz Upstream bnaket size per NFPA 70 40A 100A National Elactrical Cudu. Anide 625,14 Output amperage —max continuous 30A 70A Interlocked power output Yes Overcunent rating output amperage+5% Ground faultinlerruptan 20mA(1A2231.1/UL2231-2persomelprotection) Automatic resut after nuisance trip feature DIP switch selectable Enable7Disable (default Enabled) Cold bad pickup (rainkrok-ed restart on power failure/delay before Charging rasu n.o after a partner failurel Yes Mechanialope.ations 10.000 cycles (EV connector. replaceable) 100,000 cycfes (extlacmr, replaceabb) DO encrgizatim on bmekaway Yos Surge withstand Up to 6 kV at 30DOA Sort star; No —Feld selectable (DIP switch) EATON CORPORATION •xvw.ew.cn.corr Table 3. Physical and Environmental Specifications Description Wallmount Pedestal Cable Irngth Available up to 18 feet Dimensions H x W x 0 22.00 x 15.00 x 8.00 53.00 x 15.00 x B.OD in indles (mm) (558.8 x 381.0 x 203.2) (1347.0 x 381.0 s 2032) Add 9 inches below for cable hanger Weighturpackaged 50 60 Weight packaged 95 (includes skid) 105 (includes skid) Status indicators Six LEDs: Power. Charging, Complete, Remotely Controlled. Temporary Fault, and Service PushbutLons Two buttons- Override and Resel Ingress protection IP14 Type rating 3R Temperature—stirage -30 to 80°C Temperature —operating -30 to 5VC Humidity W% RH. norcondensitg Table 4. 1/0 Specifications Descipdon mtratlmourn Pedestal J1 M pistol -grip EV connector Same as output rating Permissive inn contact NC dry contact input Current control to vehicle 4-20 mA analog input RS.485 Modbus RTU for -wire port Field diagnostics and upgrade part RS232 OB9 (Telnel support) Technical Data TDOEV00003E Effective March 2012 Table 5. Optional Specifications D) rlptian IlYallmount Pedestal Through fled (daisy clew( compatible No yes Network Manager Controller Enables wanectirily to Pow R Station Network Manager with real time status and historical information Cellular O® GA"PRS Wireless W Wi-Fi (WPA or WPA2) RPID basic: Basic bck/unlxk with card or keyfob RPID usor Third party datatese of users integrated for auth. ocation Cradit card prmmoti PCI oSS ® Cdlula daa clan mgmanl O Winlem rawas :vice G or abme are aro•ormd tar oat: contraaoilry Or Wnan isad ra:h Nmrnnc h4anagel ,Oallroller Felon Corporation Elecrres. Sector '.11' Sow,or Aw^ua Cmraa•d, OH 44'-4 USA Ealon=m Esctr m, Sec:o, Caudan Opoatnr.s 5050 IAB,rMr Buningtcn, ON 1_71,521 Canada EalonCowda.aa S 20'2 Eator. corporation AI f➢ ' r.% llesarwd _ Pnwcd ,n USA Put'aa:wn No T00EV00003E 1 Z'2130 P,xwnwBa nL16,"ufa wao+2012 Pow-R-Station Level 2 AC electric vehicle charging station Installation The Pow-R-Station EVSE's electric requirements and wiring installa- tion procedure vary by form -factor, but can easily be performed by any qualified electrician. For the wallmount Level 2 AC, the procedure is much like installing an electric stove circuit, and for the outside pedestal, it is much like installing a lighting bollard circuit. See installation guide IMOEV00002E for more details. For more information, visit www.eaton.cornougin, call 855-ETN-EVSE (855-386-3873), or call your local Eaton sales office. Fa'An a a reg sowed trademark d Eatdn Capomoon Al atndr t.adamo•4s ere drope'ry D. Ind r msrwct.w wrnas Eaton's Pow-R-Station Level 2 electric vehicle charging station The most robust, flexible offering of EVSE on the market F Jo N Powering Business Worldwide Overview Plug-in electric vehicles offer improved fuel economy, lower emissions and strong acceleration with a quiet operation— al] from a domestic energy source. Therefore, it is no surprise that automakers are bringing plug-in electric vehicles to the mass market. In fact, industry forecasts predict an annual volume of 400,000 battery electric vehicles in Borth America by 2020. These electric vehicles will require a substantial residential, commercial and public infrastructure to support them. Eaton provides the most robust, flexible offering Of electric vehicle supply equipment (EVSE) on the market. Eaton's Pow-R-Station'" family of solutions is the electric transportation industry's premier EVSE. Eaton's Pow-R-Station electric vehicle charging stations supply the connection to the grid where vehicles park—sreet-side, garage or parking lot —and provide the car's onboard charger with the electricity it needs to refill the battery. Configuration to meet yourneeds Whether you have a fleet of elec- tric vehicles or you are plugging in at home, Eaton has an electric vehicle charging station targeted to meet your needs. The Level 2 Pow-R-Station electric vehicle charging station is NEMA® 3R-rated for indoor or outdoor use —it can be wall -mounted for residential or commercial garage installations, or it can be freestanding with the pedestal configuration. It is designed with steel housing and is treated with a powder coat paint for durability and long life. It can be operated as a stand- alone power station, or it can be networked with other power stations that will be operated or managed by one entity. Using an industry standard J1772'* 30A or 70A connector, depending on battery size, the Level 2 charging station will easily fill a depleted all -electric vehicle battery in as little as four hours while the owner is working, shopping or sleeping. How it works When the driver connects the J1772 connector to the electric vehicle, the Level 2 Pow-R-Station EV charging station confirms that it is an electric vehicle by "waking it up" through one of the pins in the connector. Once the charger has confirmed the connection to the vehicle, the vehicle then tests to ensure it is connected to an EVSE. The charging station will respond by indicating its available line current (ALC). The ALC is the maximum current the electric vehicle is allowed to draw, depending on the circuit size or the commands of a load - management system and/or the requirements of a utility. Celebrating im YEARS Ideals that Endure User safety The various communications between the electric vehicle and the Pow-R-Station EV charging station are in place to ensure user safety. These safety checks verify that there is no chance of injury to the user or the equipment. For example, until the vehicle has confirmed it is connected to an EVSE, the five pins on the connector have no AC power. In addition, electric vehicles are required to have an interlock deactivating the ignition while connected. If anything happens to disrupt the connection, such as a user releasing the connec- tor latch, the power flow to the vehicle will immediately stop. Installation Installation of the Level 2 Pow-R-Station EVSE can be performed easily by any quali- fied electrician. The wall -mount design is much like the installa- tion for an electric stove circuit, and the pedestal is comparable to the installation of a lighting bollard circuit. An electrician can also verify whether the size of the branch circuit is correct per NFPAO 70 and NEC® 625.14 standards. Eaton manufactures all products that may be needed to support an electrical system upgrade, if it is required for installation. For commercial installations, Eaton's Electrical Services and Systems (EESS) team of electrical engi- neers is available nationwide and can be augmented by Eaton's network of national, local and specialty commercial electri- cal contractors. For residential installations, Eaton's Certified Contractor Network (ECCN) can handle installation and any upgrades needed to the home's electrical system. Communication features The Level 2 Pow-R-Station EVSE offers standard ethernet, Serial (RS-232), and Modbus® or optional cellular or wireless communication selections. The charging station will also offer the following features for data collection, storage and extraction: • Memory slot: allows the station to collect data locally onto an SD card of up to 2 GB of data, which is equivalent to one year of reporting. • Standard onboard memory: allows the station to record 30 days of a subset of usage data and ongoing statistics. • Modbus: allows a building's energy management system (EMS) to manage the charging station's deployment with status and usage statistics. • Ethernet: allows the station to be a Modbus TCP and offers a small, built-in Web server that shows the station's status and usage statistics. • Serial port: allows a third -party device, such as a technician's computer or an industrialized computer, to control, manage and trou- bleshoot the station's status and usage statistics. Remote management and control Eaton's optional Pow-R-Station Network Manager Software provides remote -management and control services for the charging station. Eaton's Pow-R-Station Network Manager Software allows a user or a fleet manager to check the status of the station, including if it is idle or in use, the amount of power flowing to the vehicle, and any required preventative maintenance. Further, the user is able to gather usage data and reports, manage and control how fast charging takes place, and access maps of where each station is located, all from Internet portal dashboards. Authentication To meet your application needs, Eaton can interface with third - party authentication systems including but not limited to: • Outdoor -rated credit card swipe • Secure access RFID • RFID with user identification 6 • Synchronous -code keypads Further, the optional integrated synchronous -code keypad can be used in conjunction with parking lot management sys- tems commonly deployed today to provide a method for both enabling payment and restricting access to the charging stations. 9 When used with Eaton's Network Manager software For more information, visit www.eaton-com/Piugin, call 1-855-ETN-EVSE (1-855-386-3873), or call your local Eaton sales office Eaton Corporation Canadian Operations Electrical Sector Eaton 1111 Superior Ave. 5050 Mainway Cleveland. OH "114 Burlington. ON L7L 5Z1 United States Canada 877-ETN-CARE 1877-386-22731 800-268-3578 Eaton.com Eatoncanada.ca ® 2011 Eaton Corporation E �• All Rights Reserved ` Publicsted in o USA Publication No. PAOEVOOOOIE / BC-79 Powenng Business Worldwide March2011 All other trademarks are propeny of their respective owners. �a r. • ti �t Eaton is a registered trademark of Eaton Corporation. E:i•N Powenng Business Woddwide April 18, 2013 ABOUT EATON CORPORATION Eaton Corporation plc is a diversified power management company providing energy -efficient solutions that help our customers effectively manage electrical, hydraulic and mechanical power. The company is a global technology leader in electrical products, systems and services for power quality, distribution and control, power transmission, lighting and wiring products; hydraulics components, systems and services for industrial and mobile equipment; aerospace fuel, hydraulic and pneumatic systems for commercial and military use; and truck and automotive drivetrain and powertrain systems for performance, fuel economy and safety. Eaton acquired Cooper Industries plc in 2012. The new company, Eaton Corporation plc, has approximately 100,000 employees and sells products to customers in more than 1S0 countries. Because of the pivotal role we play, Eaton is committed to creating and maintaining powerful customer relationships built on a foundation of excellence. From the products we manufacture to our dedicated customer service and support, we know what's important to you. EATON SAFETY PROGRAM Safety is a priority concern for Eaton Corporation and our customers, and Eaton will meet or exceed specification requirements. All of our engineers have completed safety programs and first aid/CPR with refresher courses yearly. All Eaton field personnel receive training to comply with OSHA CFR1910.269 Electrical Safety Standard, which sets minimum safety rules and practices for the design operation and maintenance of high -voltage systems (over 600 volts). In addition, each engineer has a safety manual and all of the safety equipment required for the work to be undertaken. Every Eaton Area Operations Center has a safety officer assigned with the responsibility of new DOC employee safety orientation, appraising staff of new safety requirements, ordering office safety supplies, conducting monthly office safety meetings, maintaining and monitoring compliance with corporate EHS regulations, and support efforts to accomplish overall goals and objectives of the Eaton Corporation Safety Department. The paperwork for monthly safety meetings is submitted to Mr. Darrell Bell, EESS Division Health and Safety Manager, and kept on file. A Lead Engineer is designated on each job, and is responsible for conducting the Daily Pre -Job Briefing Safety Meeting and placing the form in the job file. The EMIR safety rating is required to be 1.0 or less for our industry. Eaton will request Subcontractor EMIR ratings when pre -qualifying subcontractors. A copy of our recent EMIR ratings and OSHA 300 logs can be made available upon request. Productive employees are certified per the Graduated Field Service Certification Program. Field Service employees are First Aid and CPR trained. The Sales employees are considered "Authorized" employees upon completing the Electrical Sales Safety Training Program CD. EVSE — City of Fort Collins 1 E:T9N PowenngBusiness Worldwide April 18, 2013 PROJECT OVERVIEW The City of Fort Collins has identified electric vehicle charging as a need and an opportunity to help extend the EV charging infrastructure within the Fort Collins city limits. Eaton is offering a proposal to provide (2) single pedestal EVSE units to be placed at the desired location (not specified in bid solicitation). ENGINEERING SCOPE OF SERVICES 1) The following specifications apply to Eaton's Level II Pow-R-Station EVSE: • Level II connection plug is compliant with SAE-J1772 standards. • Units conform to NFPA 70: National Electrical Code (NEC) 2011, Article 625 (assuming units are properly installed abiding by the installation manual). • Compliant with SAE J2836 and 2847. • All units are validated and certified by Underwriters Laboratory (UL). • Enclosure is compliant with IEC 61851. 2) Operating Standards will include: • 208/240 VAC, single phase • 30A max output • Branch circuit breaker rating will be in compliance with NEC 625 • Connection to 2-pole, 40A breaker on dedicated circuit 3) Physical Specifications will include: Exterior c. NEMA 311 metal enclosure adequate to withstand both indoor and outdoor environments Charging Cord and Connectors o Level II connectors utilize a J1772 plug c Cords and connectors are included in the EVSE package, with the ability to be replaced by customer in event of damage or technical upgrade. c Units include a holster as a coupler interlock in order to keep the J1772 plug at rest during inactivity. o Unit includes cable hook to rest cable when EVSE is inactive. Additional 120V outlet on side of unit should someone nearby need Level 1 charging when EVSE is in use. 4) Data Collection Abilities: • 1% sub -grade meter is to be included in both units. • The following is able to be recorded / provided... o Charging station information • Station utilization rates • Authorization requests and responses • Charging data (subscriber, location, kWh used, and start and stop times) EVSE — City of Fort Collins 2 E:T*N Powering Business Worldwide April 18, 2013 • Equipped with "pay for service" technology 0 Usage Information per station • Time • Energy Consumption 5) Product Safety • All units will include: 0 The ability to stop flow of power through the unit when the unit is not in use 0 An over -current protection to prevent vehicles from drawing too much power QUALITY OF WORK The collective experience and knowledge of our management team ensures our customers' quality requirements and applicable regulatory requirements are met while boosting customer satisfaction and achieving superior performance. Our management team continually reviews, monitors, and ensures the implementation of each of the following eight quality management principles: • Customer Focus • Leadership • Employee Involvement • Process Approach • System Approach to Management • Continual Improvement • Factual Approach to Decision Making • Mutually Beneficial Supplier relationships GENERAL COMMENTS/CLARIFICATIONS Terms and conditions of sale are per Eaton Corporation Selling Policy 25-000 unless specifically stated otherwise. This includes: • Bid validity is 30 days. All quoted adder/deduct prices are valid until expiration of the proposal bid validity. • If F.O.B. Destination is required as part of this proposal, add 2%to the quoted price. • Delivery of this electrical equipment to any common carrier shall constitute delivery to the purchaser; and all risk of loss and damage during shipment shall pass to the purchaser at that time. • Shipping is not included in price listed above. • Standard warranty is one year from date of installation of the product or eighteen months from date of shipment of the product, whichever occurs first. Extended warranties can be offered for an additional charge when requested: o 24 months from date of shipment - add 2% 0 30 months from date of shipment - add 3% 0 36 months from date of shipment - add 4% EVSE — City of Fort Collins 3 E=T*N PowenngBusiness Worldwide April 18, 2013 PROPOSAL PRICING -Part Number SMR3BXCCML00 is offered as a single pedestal version. -Part Number SKR3BXCCMLOO is offered as a single wall -mount version. City of Fort Collins- Single Units (2) Pedestal L2 Pow-R-Station EVSE: SMR3BXCCML00 $6,298 list price Description: Qty. 2 - Level 2 30A single pedestal, swipe credit card reader, 1% energy meter, additional L1 outlet and 18ft cable. Lead time 10 days Shipping Cost $190 TOTAL $6AU OR (2) Wall -Mount L2 Pow-R-Station EVSE: SKR3BXCCML00 $4,918 list price Description: Qty. 2 - Level 30A single wall -mount swipe credit card reader, 1% energy meter, additional Ll outlet and 18ft cable. Lead time 10 days Shipping Cost $110 TOTAL $5,028 City of Fort Collins- Dual Units (1) Dual Pedestal L2 Pow-R-Station EVSE: SDR38XCCMLOO $4,000 list price Description: Qty. 1— Dual Level 130A single pedestal, swipe credit card reader, 1% energy meter, additional Ll outlet and 18ft cable. Lead time 8 weeks Shipping Cost $95 TOTAL $4,095 OR (1) Dual Wall -Mount L2 Pow-R-Station EVSE: SCR3BXCC000O $2,900 list price Description: Qty. 1— Dual Level 2 30A single wall -mount swipe credit card reader, additional Ll outlet and 18ft cable. NO METER AVAILABLE FOR DUAL WALL MOUNT EVSE. Lead time 8 weeks Shipping Cost $55 TOTAL $2MS For additional product information, please visit www.eaton.com/plugin. EVSE — City of Fort Collins 4 E_T•N fb"nng Business INoddwide April 18, 2013 Additional Documents EVSE — City of Fort Collins 5 F.LT*N ftW"V &calress I1Urldwirk Supersedes Selling Policy 25-000. DOMESTIC U.S.A. Pages 1-4, dated GENERAL TERMS AND February 20, 2006 CONDITIONS OF SALE TERMS AND CONDITIONS OF SALE The Terms and Conditions of Sale set forth herein, and any supplements which may be attached hereto. constitute the full and final expression of the contract for the sale of products or services (hereinafter referred to as Product(s) or Services by Eaton Corporation (hereinafter referred to as Seller) to the Buyer. and supersedes all prior quotations. purchase orders, correspondence or communications whether written or oral between the Seller and the Buyer. Notwithstanding any contrary language in the Buyer's purchase order, correspondence or other form of acknowledgment. Buyer shall be bound by these Terms and Conditions of Sale when it sends a purchase order or otherwise indicates acceptance of this contract. or when it accepts delivery from Seller of the Products or Services. THE CONTRACT FOR SALE OF THE PRODUCTS OR SERVICES IS EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS OF SALE STATED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY BUYER ARE REJECTED UNLESS EXPRESSLY AGREED TO IN WRITING BY SELLER. No contract shall exist except as herein provided. Complete Agreement No amendment or modification hereto nor any statement. representation or warranty not contained herein shall be binding on the Seller unless made in writing by an authorized representative of the Seller. Prior dealings. usage of the bade or a course of performance shall not be relevant to determine the meaning of this contract even though the accepting or acquiescing parry had knowledge of the nature of the performance and opportunity for objection. Quotations Written quotations are valid for 30 days from its date unless otherwise staled in the quotation or terminated sooner by notice. Verbal quotations. unless accepted, expire the same day they are made. A complete signed order must be received by Seller within 20 calendar days of notification of award, otherwise the price and shipment will be subject to re -negotiation. Termination and Cancellation Any order may be terminated by the Buyer only by written notice and upon payment of reasonable termination charges, including all costs plus profit. Seller shall have the right to cancel any order at any time by written notice if Buyer breaches any of the terms hereof. becomes the subject of any proceeding under state or federal law for the relief of debtors, or otherwise becomes insolvent or bankrupt, generally does not pay its debts as they become due or makes an assignment for the benefit of creditors. Prices All prices are subject to change without notice. In the event of a price change, the effective date of the change will be the date of the new price or discount sheet, letter or telegram, All quotations made or orders accepted after the effective date will be on the new basis. For existing orders, the price of the unshipped portion of an order will be the price in effect at time of shipment. Price Policy — Products and Services When prices are quoted as firm for quoted shipment, they are firm provided the following conditions are met: 1. The order is released with complete engineering details. 2. Shipment of Products are made. and Services purchased are provided within the quoted lead time. 3. When drawings for approval are required for any Products, the drawings applicable to those Products must be returned within 30' calendar days from the date of the original mailing of the drawings by Seller. The return drawings must be released for manufacture and shipment and must be marked "APPROVED" or "APPROVED AS NOTED." Drawing re -submittals which are required for any other reason than to correct Seller errors will not extend the 30-day period. If the Buyer initiates or in any way causes delays in shipment, provision of Services or return of approval drawings beyond the periods stated above, the price of the Products or Services will be increased 1 % per month or fraction thereof up to a maximum of 18 months from the date of the Buyer's order. For delays resulting in shipment or provision of Services beyond W days for orders througn Contractors W allow time for their -ewt, and approval before and after transmitting them W their customers Selling Policy Ettective. November 1. 2008 Page 1 Distribution and Control Products and Services 25-000 18 months from the date of the Buyer's order, the price must be renegotiated. Price Policy — BLS Refer to Price Policy 25-050. Minimum Billing Orders less than $1.000 will be assessed a shipping and handling charge of 5% of the price of the order, with a minimum charge of $25.00 unless noted differently on Product discount sheets. Taxes The price does not include any taxes. Buyer shall be responsible for the payment of all taxes applicable to. or arising from, the transaction, the Products. its sale, value or use. or any Services performed in connection therewith regardless of the person or entity actually taxed. TERMS OF PAYMENT Products Acceptance of all orders is subject to the Buyer meeting Seller's credit requirements. Terms of payment are subject to change for failure to meet such requirements. Seller reserves the right at any time to demand full or partial payment before proceeding with a contract of sale as a result of changes in the financial condition of the Buyer. Terms of Payment are either Net 30 days from the date of invoice of each shipment or carry a cash discount based on Product type. Specific payment terms for Products are outlined in the applicable Product discount schedules. Services Terms of payment are net within 30 days from date of invoice for orders amounting to less than $50,000.00. Selling Policy 25-000 November 1. 2008 Page 2 Terms of payment for orders exceeding 550.000.00 shall be made according to the following. 1. Twenty percent (20%) of order value with the purchase order payable 30 days from date of invoice. 2. Eighty percent (800A) of order value in equal monthly payments over the performance period payable 30 days from date of invoice. Except for work performed (i) under a firm fixed price basis or (ii) pursuant to terms of a previously priced existing contract between Seller and Buyer. invoices for work performed by Seller shall have added and noted on each invoice a charge of 3% (over and above the price of the work) which is related to Seller compliance with present and proposed environmental, health and safety regulations associated with prescribed requirements covering hazardous materials management and employee training, communications. personal protective equipment. documentation and record keeping associated therewith. Adequate Assurances If, in the judgment of Seller, the financial condition of the Buyer, at any time during the period of the contract. does not justify the terms of payment specified. Seller may require full or partial payment in advance. Delayed Payment If payments are not made in accordance with these terms. a service charge will, without prejudice to the right of Seller to immediate payment, be added in an amount equal to the lower of 1.5% per month or fraction thereof or the highest legal rate on the unpaid balance. Freight Freight policy will be listed on the Product discount sheets. or at option of Seller one of the following freight terms will be quoted F.O.B. — PIS — FrtJPpd. and Invoiced Products are sold F.O.B. point of shipment freight prepaid and invoiced to the Buyer. F.O.B. — PIS — FrL/Ppd. and Allowed Products sold are delivered F.O.B. point of shipment, freight prepaid and included in the price. F.O.B. Destination — Flt/Ppd. and Allowed At Buyer's option, Seller will deliver the Products F.O.B. destination freight prepaid and 2% will be added to the net price. The term "freight prepaid" means that freight charges will be prepaid to the accessible common carrier delivery point nearest the destination for shipments within the United States and Puerto Rico unless noted differently on the Product discount sheets For any other destination, contact Seller's representative. Shipment and Routing Seller shall select the point of origin of shipment, the method of transportation. the type of carrier equipment and the routing of the shipment. If the Buyer specifies a special method of transportation, type of carrier equipment, routing or delivery requirement. Buyer shall pay all special freight and handling charges. When freight is included in the price, no allowance will be made in lieu of transportation if the Buyer accepts shipment at factory, warehouse or freight station or otherwise supplies its own transportation. Risk of Loss Risk of loss or damage to the Products shall pass to Buyer at the F.O.B. point. Concealed Damage Except in the event of F.O.B. destination shipments. Seller will not participate in any settlement of claims for concealed damage. When shipment has been made on an F.O.B. destination basis, the Buyer must unpack immediately and. if damage is discovered. must: 1. Not move the Products from the point of examination. 2, Retain shipping container and packing material. 3. Notify the tamer in writing of any apparent damage. 4. Notify Seller representative within 72 hours of delivery. 5. Send Seller a copy of the carrier's inspection report. Witness Tests/Customer Inspection Standard factory tests may be witnessed by the Buyer at Sellers factory for an additional charge calculated at the rate of 52.500 per day (not to exceed eight (8) hours) per Product type. Buyer may final inspect Products at the Seller's factory for $500 per day per Product type. VYdness tests will add one (1) week to the scheduled shipping date. Seller will notify Buyer fourteen (14) calendar days prior to scheduled witness testing or inspection. In the event Buyer is unable to attend, the Parties shall mutually agree on a rescheduled date. However. Seller reserves the right to deem the witness tests waived with the right to ship and invoice Products. Held Orders For any order held, delayed or rescheduled at the request of the Buyer. Seiler may, at its sole option. (1) require payment to be based EA*N te�,+..v&�twwra�.rr on any reasonable basis, including but not limited to the contract price, and any additional expenses. or cost resulting from such a delay: (2) store Products at the sole cost and risk of loss of the Buyer: and/or (3) charge to the Buyer those prices under the applicable price policy. Payment for such price. expenses and costs, in any such event, shall be due by Buyer within thirty (30) days from date of Seller's invoice. Any order so held delayed or rescheduled beyond six (6) months will be treated as a Buyer termination. Drawing Approval Seller will design the Products in line with, in Seller's judgment, good commercial practice. If at drawing approval Buyer makes changes outside of the design as covered in their specifications. Seller will then be paid reasonable charges and allowed a commensurate delay in shipping date based on the changes made. Drawing Re -Submittal When Seller agrees to do so in its quotation. Seller shall provide Buyer with the first set Of factory customer approval drawing(s) at Seller's expense. The customer approval drawing(s) will be delivered at the quoted delivery date. If Buyer requests drawing changes or additions after the initial factory customer approval drawing(s) have been submitted by Seller, the Seller, at its option. may assess Buyer drawing charges. Factory customer approval drawing changes required due to misinterpretation by Seller will be at Sellers expense. Approval drawings generated by Bid -Manager are excluded from this provision. WARRANTY Warranty For Products Seller warrants that the Products manufactured by it will conform to Sellers applicable specifications and be free from failure due to defects in workmanship and material for one (1) year from the date of installation of the Product or eighteen (18) months from the date of shipment of the Product. whichever occurs first. In the event any Product fails to comply with the foregoing warranty Seiler will, at its option. either (a) repair or replace the defective Product. or defective part or component thereof. F.O.B. Seller's facility freight prepaid. or (b) credit Buyer for the purchase price of the Product. All warranty claims shall be made in writing. FJoN ft.vrMa. iV'Wa,.ro Seller requires all non -conforming Products be returned at Seller's expense for evaluation unless specifically stated otherwise in writing by Seller. This warranty does not cover failure or damage due to storage. installation. operation or maintenance not in conformance with Seller's recommendations and industry standard practice or due to accident. misuse. abuse or negligence. This warranty does not cover reimbursement for labor, gaining access. removal, installation. temporary power or any other expenses. which may be incurred in connection with repair or replacement. This warranty does not apply to equipment not manufactured by Seller. Seller limits itself to extending the same warranty it receives from the supplier. Extended Warranty for Products If requested by the Buyer and specifically accepted in writing by Seller, the foregoing standard warranty for Products will be extended from the date of shipment for the period and price indicated below. 24 months — 2% of Contract Price 30 months — 3% of Contract Price 36 months — 4% of Contract Price Special Warranty (In and Out) for Products If requested by the Buyer and specifically accepted in writing by Seller, Seller will, during the warranty period for Products, at an additional cost of 2% of the contract price. be responsible for the direct cost of: 1. Removing the Product from the installed location. 2. Transportation to the repair facility and return to the site. 3. Reinstallation on site. The total liability of Seller for this Special Warranty for Products is limited to 50% of the contract price of the particular Product being repaired and excludes expenses for removing adjacent apparatus, walls, piping, structures, temporary service. etc. Warranty For Services Seller warrants that the Services performed by it hereunder will be performed in accordance with generally accepted professional standards. The Services. which do not so conform. shall be corrected by Seller upon notification in writing by the Buyer within one (1) year after completion of the Services. Unless otherwise agreed to in writing by Seller. Seller assumes no responsibility with respect to the suitability of the Buyer's, or its customer's, equipment or with respect to any latent defects in equipment not supplied by Seller. This warranty does not cover damage to Buyer's. or its customer's, equipment, components or parts resulting in whole or in part from improper maintenance or operation or from their deteriorated condition. Buyer will, at its cost, provide Seller with unobstructed access to the defective Services, as well as adequate free working space in the immediate vicinity of the defective Services and such facilities and systems. including, without limitation, docks, cranes and utility disconnects and connects, as may be necessary in order that Seller may perform its warranty obligations. The conducting of any tests shall be mutually agreed upon and Seller shall be notified of. and may be present at, all tests that may be made. Warranty for Power Systems Studies Seller warrants that any power systems studies performed by it will conform to generally accepted professional standards. Any portion of the study. which does not so conform, shall be corrected by Seller upon notification in writing by the Buyer within six (6) months after completion of the study. All warranty work shall be performed in a single shift straight time basis Monday through Friday. In the event that the study requires correction of warranty items on an overtime schedule, the premium portion of such overtime shall be for the Buyers account. Limitation on Warranties for Products, Services and Power Systems Studies THE FOREGOING WARRANTIES ARE EXCLUSIVE EXCEPT FOR WARRANTY OF TITLE. SELLER DISCLAIMS ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CORRECTION OF NON - CONFORMITIES IN THE MANNER AND FOR THE PERIOD OF TIME PROVIDED ABOVE SHALL CONSTITUTE SELLER'S SOLE LIABILITY AND BUYER'S EXCLUSIVE REMEDY FOR FAILURE OF SELLER TO MEET ITS WARRANTY OBLIGATIONS, WHETHER CLAIMS OF THE BUYER ARE BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. Selling Policy 25-000 November 1, 2008 Page 3 Asbestos Federal Law requires that building or facility owners identify the presence, location and quantity of asbestos containing material (hereinafter "ACM") at work sites. Seller is not licensed to abate ACM. Accordingly, for any contract which includes the provision of Services, prior to (i) commencement of work at any Me under a specific Purchase Order, (ii) a change in the work scope of any Purchase Order, the Buyer will certify that the work area associated with the Seller's scope of work includes the handling of Class II ACM, including but not limited to generator wedges and high temperature gaskets which include asbestos materials. The Buyer shall. at its expense, conduct abatement should the removal. handling. modification or reinstallation, or some or all of them, of said Class II ACM be likely to generate airborne asbestos fibers: and should such abatement affect the cost of or time of performance of the work then Seiler shall be entitled to an equitable adjustment in the schedule, price and other pertinent affected provisions of the contract. Compliance with Nuclear Regulation Seller's Products are sold as commercial grade Products not intended for application in facilities or activities licensed by the United States Nuclear Regulatory Commission for atomic purposes. Further certification will be required for use of the Products in any safety -related application in any nuclear facility licensed by the U.S. Nuclear Regulatory Commission. Returning Products Authorization and shipping instructions for the return of any Products must be obtained from Seller before returning the Products. When return is occasioned due to Seller error. full credit including all transportation charges will be allowed. Product Notices Buyer shall provide the user (including its employees) of the Products with all Seller supplied Product notices, warnings, instructions, recommendations and similar materials. Force Majeure Seller shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God. act of any governmental authority or of the Buyer, riot, embargo. fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond Seller's reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay