HomeMy WebLinkAboutRESPONSE - BID - 8195 TRANSFORMERS 50KVA PAD-MOUNTED SINGLE PHASEi
Eaton's Cooper Power Systems Business
Proposal Number BEBN573400
Revision 01
ATTN: Trish Makousky
STUART C IRBY 573
4720 LIMA STREET
DENVER, CO 80239-2614
End User: CITY OF FORT COLLINS
Product(s): 1 Ph -Pad
Identifier: CITY OF FORT COLLINS
Cooper Power Systems
by F-T•N
Date: November 23, 2015
Proposal Valid Through: January 07, 2016
Eaton's Cooper Power Systems Business is pleased to present our response to your request. The
attached proposal is based on our interpretation of any specifications, drawings and/or other information
provided to Eaton's Cooper Power Systems Business.
Should you have any questions or require any additional information, please feel free to contact me at
(262) 524-3496. Eaton's Cooper Power Systems Business appreciates the opportunity to provide a
response to your Inquiry and looks forward to receiving your order.
Sincerely,
SONYA BROUGHTON
ISR
cc: - CHRIS COUGHLIN - PSD7
Revisions:
Rev01 - Revised price on item #1
1319 Lincoln Avenue Waukesha, WI 53186
Phone: (262) 524-3496 Fax: 770-268-7601 E-Mail: SonyaBroughton@Eaton.com
Page 1 of 7
This bid contains protected, proprietary and confidential material that constitutes either (1) trade secrets and (2) commercial or
financial information. the disclosure of which would cause substantial competitive harm to Cooper Power Systems. LLC.
Cooper Power Systems
by ■ff-M
Cooper Power Systems Proposal Number: BEBN573400 Date: November 23, 2015
Revision 01 Proposal Valid Through: January 07, 2016
Proposal Details
Terms of Sale: FOB Destination - Freight Prepaid and Allowed
Payment Terms: Net 30 days from invoice date
Proposal Valid Through: January 07, 2016
Written notification of award must be received by 1/7/2016 unless extended in writing by Cooper Power
Systems. If written notification of award is not received by Cooper Power Systems prior to this date, the
pricing and terms of this quotation will be considered expired.
Base Price
Prices quoted are firm and are valid for orders through 12/31/2016.
Base Price Adjustment
Contract will be subject to base price adjustments for shipments beyond 12/31/2016, and every 12
months thereafter.
Contract Duration
Commercial terms and conditions of this contract are valid for products shipped through 12/31/2016,
Orders are accepted subject to Eaton's Cooper Power Systems Terms and Conditions of Sale that are
included or have been provided previously to the buyer.
Proposal number and item number should be referenced on purchase order.
Quoted lead-times are based on current factory loading and are subject to change.
Lead-time: Shipment is based on receipt of all required order information at Cooper Power Systems. X
and Y (where applicable) are defined in the Item Details for each line item on this proposal.
We now offer complete services for all your power distribution and automation needs. We have the
industry's largest Electrical Power Equipment Manufacturer's Service Team, which provides 24 hour
service. We provide start-up and commissioning; power system analysis including Arc Flash, Harmonics
and other studies; preventive maintenance, testing and field trouble -shooting; multi -year service
contracts; power system automation engineering, monitoring and training; aftermarket life extension
solutions; as well as turnkey project capabilities. In addition to the services that we can provide for the
equipment contained within this proposal, our Service Team is experienced on all manufacturers'
electrical power distribution equipment, so please contact us about any electrical system problem. If you
need immediate service, you can contact the Representative who provided this proposal.
All 1 phase padmount transformers will be designed and manufactured in accordance with the latest
revision of IEEE Standards C57.12.38 and C57.12.28.
In the event Buyer cancels this agreement after award, the following will be charged as a percentage of
the order price of each item cancelled: After award, before engineering has begun: 20%. After
engineering has begun, before production firm schedule date: 50%. After production firm schedule date,
before fabrication: 70%. After fabrication has begun: 100%
Dimensions provided are approximate and subject to change.
1319 Lincoln Avenue Waukesha, WI 53186
Phone: (262) 524-3496 Fax: 770-268-7601 E-Mail: SonyaBroughton@Eaton.com
Page 2 of 7
This bid contains protected, proprietary and confidential material that constitutes either (1) trade secrets and (2) commercial or
financial information, the disclosure of which would cause substantial competitive harm to Cooper Power Systems. LLC.
Cooper Power Systems
by ■.T-N
Cooper Power Systems Proposal Number: BEBN573400 Date: November 23, 2015
Revision 01 Proposal Valid Through: January 07, 2016
Lead times quoted are based on accurate and complete information from the customer. If additional
information or clarifications are required, a delayed response from the customer may affect the ship
date(s) of the unit(s). The manufacturer cannot be held accountable for such delays.
Section 3.1.3.5 - Adding coal tar epoxy undercoating to the bottom of the unit does not enhance the
corrosion properties of the paint system and shall not be provided.
Section 3.2.2.7.5 - Internal liquid level markings shall not be supplied. Fluid level shall be indicated by the
oil fill provision.
Section 3.2.2.13 - Coatings and surface preparation system shall be Eaton's Cooper Power Systems'
standard, which is in compliance with IEEE C57.12.28-2005 performance requirements. Tank exterior
shall be Munsell 7GY3.29/1.5 Green. Total dry film paint thickness shall be a minimum of 3 mils
Section 5.1.2 - Certified test reports will be provided within thirty (30) days of transformer shipment.
Section 5 - Routine tests as defined per IEEE C57.12.00-2010, Table 18 shall be performed on
production units. Design tests such as Temperature Rise, Short Circuit, and Audible Sound tests shall not
be performed on all units. Certification tests have been previously performed on like transformers that
show the design passes the requirements listed in IEEE C57.12.90. These certification reports can be
furnished upon request.
Exception taken to height and depth requirement, please see quoted dimensions in Performance Data.
1319 Lincoln Avenue Waukesha, WI 53186
Phone: (262) 524-3496 Fax: 770-268-7601 E-Mail: SonyaBroughton@Eaton.com
Page 3 of 7
This bid contains protected. proprietary and confidential material that constitutes either (1) trade secrets and (2) commercial or
financial information. the disclosure of which would cause substantial competitive harm to Cooper Power Systems, LLC.
Cooper Power Systems
by IFA- 1
Cooper Power Systems Proposal Number: BEBN573400 Date: November 23, 2015
Revision 01 Proposal Valid Through: January 07, 2016
Item Details
Item Number: 00001
Customer Stock Code Number: T1200150
Customer RFQ Information: Specification: 368-120; Dated: 4/3/2013
Quantity
Unit Price
Extended Price
30
$1762.79 USD
$52883.70 USD
Lead-time (Per Lead-time definition in Proposal Details):
Product Lead-time (X): 11-13 weeks ex -factory
Description:
kVA
Tank Style
Core / Coil Design Type
Temperature rise
Cooling Class
Frequency
Insulating fluid
Efficiency Standard
Primary Voltage
BIL
kV Class
Primary Configuration
Taps
Primary Bushings
Overcurrent Protection
Expulsion fuses
Bayonet Holder
Secondary voltage
BIL
kV Class
Secondary Bushings
Cabinet hardware
Gauges & Fittings
Tank accessories
Tank accessories
Tank accessories
Packaging
Cover
Special
50 kVA 1-Phase Pad -mount Transformer
MaxiShrub (ANSI 1)
Core Type
65
ONAN
60 Hz
Mineral Oil
DOE 2016
13200GY17620
95 kV
15 kV
Loop Feed
2 - 2.5% taps above and 2 - 2.5% taps below nominal
200 amp, 15-35kV Cooper bushing well(s) (Qty: 2)
Bayonet fuse in series with Partial -Range Current -Limiting Fuses
Bayonet fuses
Copper Bayonet Fuse Holder
240/120
30 kV
1.2 kV
5/8" Tri-Clamp Stud w/1.75' Reusable Thread (Qty: 3)
Penta-head cabinet door bolts
IFD (Internal Fault Detector)
Jam Nuts (Qty: 3)
Tank to Door Bonding
Tank to Sill Bonding
Small Pallet
Welded
Pallet
1319 Lincoln Avenue Waukesha, WI 53186
Phone: (262) 524-3496 Fax: 770-268-7601 E-Mail: SonyaBroughton@Eaton.com
Page 4 of 7
This bid contains protected, proprietary and confidential material that constitutes either (1) trade secrets and (2) commercial or
financial information, the disclosure of which would cause substantial competitive harm to Cooper Power Systems. LLC.
Cooper Power Systems
by ■3d11
Cooper Power Systems Proposal Number: BEBN573400 Date: November 23, 2015
Revision 01 Proposal Valid Through: January 07, 2016
Item Number: 00001
PERFORMANCE DATA:
No Load Losses - Guaranteed Average @20 C
85. Watts
Load Losses - Guaranteed Average @85 C
567. Watts
Breaker Watts - Average
0. Watts
Target Impedance
1.96% +/- 10%
Fluid Weight
242 Ibs
Total Weight
814 Ibs
Fluid Volume
33 Gallons
Overall Height
34.00 inches
Overall Width
36.25 inches
Overall Depth
34.00 inches
High Voltage stray watts 5.63
Low Voltage stray watts 37.97
Breaker watts 0
1319 Lincoln Avenue Waukesha, WI 53186
Phone: (262) 524-3496 Fax: 770-268-7601 E-Mail: SonyaBroughton@Eaton.com
Page 5 of 7
This bid contains protected, proprietary and confidential material that constitutes either (1) trade secrets and (2) commercial or
financial information, the disclosure of which would cause substantial competitive harm to Cooper Power Systems, LLC.
Cooper Power Systems
by W:T-m
Cooper Power Systems Proposal Number: BEBN573400 Date: November 23, 2015
Revision 01 Proposal Valid Through: January 07, 2016
Terms and Conditions
1. Applicable Terms and Conditions
(a) These terms and conditions of sale establish the rights. obligations. and remedies of Buyer and Seller that apply to any order issued by Buyer for the purchase of
Sellers products and/or services ("Products'). No additional or different terms or conditions. whether contained in Buyers purchase order form or in any other document or
communication pertaining to Buyers order, will be binding on Seller unless accepted in writing by an authorized representative of Seller. Seller expressly objects to and rejects
any additional or different terms and conditions, which shall be ineffective.
lb) If Sellers order acknowledgement, invoice, other document, or electronic transmittal including or attaching these terms and conditions is found to be an acceptance of
an offer, acceptance is expressly made conditional upon Buyers assent solely to these terms and conditions, and acceptance of any part of Products delivered by Seller shall
be deemed to constitute such assent by Buyer. If the order acknowledgement, invoice, other document, or electronic transmittal including or attaching these terms and
conditions constitutes an offer, Buyers acceptance of the offer is hereby limited to the terms of the offer.
2. Price, Payment Terms. and Title
(a) All prices represent those in effect at the time of quotation and are subject to change without notice. Unless prices are bid or quoted as "firm," Seller reserves the right
to invoice at prices in effect at the date of shipment, regardless of any prior bid and whether notice was received by Buyer. Unless otherwise indicated, prices are stated in
United States dollars and are exclusive of shipping, handling, shipping insurance, duties, and sales, use, excise or similar taxes. Export packaging or any other special handling
requested by Buyer will be at Buyers expense. A service charge of $25 will be assessed for any order less than $250. Seller requires a minimum $100 emergency handling
charge for all orders that require shipment the same day or next day.
(b) Buyer acknowledges that the pricing of the Products has been set based on the agreed allocation of risks contained in these terms and conditions. If, notwithstanding
the provisions of these terms and conditions, a court of competent jurisdiction determines that Buyers terms and conditions apply to an order, then Seller shall have the right to
either (i) modify the prices (including retroactively) according to the additional level of risk and responsibility that Buyers terms and conditions require Sellerto undertake', or III)
cancel the order any time after such a delernination without liability for the termination other than for the Products already delivered on these terms and conditions.
(c) Unless different credit terms have been extended to Buyer in writing by Seller, payment terms are net 30 days after delivery or date of invoice, whichever first occurs,
in the currency invoiced. Seller reserves the right to modify or withdraw credit terms at any time without notice. If Buyer fails to fulfill the terms of payment. Seller may defer
further shipments to Buyer or, at its option, cancel the unshipped pordons of Buyers orders. Buyer agrees to pay interest on all past due invoices at the lesser of 18 % per
annum, compounded monthly, or the highest contractual rate allowable under the law.
(d) Until full payment of all obligations of the Buyer for an order, Seller reserves the tide (but not the risk of loss) to all Products furnished under that order. If the Buyer
defaults in payment or performance or becomes subject to insolvency, receivership or bankruptcy proceedings or makes an assignment for the benefit of creditors, or without
the consent of Seller voluntarily or involuntarily sells, transfers, leases or permits any lien or attachment on the Products, Seller may treat all amounts then or thereafter owing
by Buyer to be immediately due and payable and Seller at its election may repossess Products for which Buyer has not paid in full. In the event of repossession of Products
under this section or under the section entitled "Security Interest;' Buyer agrees that Seller may enter the premises where the Products may be located and remove them
without notice and without being liable to Buyer for such repossession. Buyer will not set off invoiced amounts or any portion thereof against sums that are due or may become
due from Seller, its parents, affiliates, or subsidiaries. Buyer grants Seller a security interest in Products for which title has passed to Buyer, products in which Products are
incorporated, and Products that Seller sells (including all Products acquired hereafter from Seller, and all accessions, substitutions, replacements, and additions, and any
proceeds from sale or disposition of Products), as security for performance by Buyer of all of its payment obligations under these terms and conditions (including obligations
regarding future advances). Buyer consents to Sellers execution of any documents to evidence and perfect this security interest, and agrees to execute the same if requested
by Seller.
3. Delivery and Risk of Loss
(a) Unless otherwise agreed in witting, all deliveries of Products will be EXW (Incoterrms 2000) Sellers facility. Products will be packed in Sellers standard commercial
shipping packages. Charges for shipping may not reflect net transportation costs paid by Seller Buyer shall reimburse Seller for all costs of storage and handling incurred by
Seller after the date that Seller is prepared to make shipment.
(b) Delivery and shipping dates are approximate and represent Sellers best estimate of the time required to make delivery or shipment. Time is not of the essence with
respect to the transactions covered by these terms and conditions, except with respect to Buyers obligation to make all related payments. Sellers obligations under these terms
and conditions will be dependent upon Sellers ability to obtain necessary raw materials and components. Seller shall have the right to make partial deliveries and to ship up to
forty (40) days in advance of shipping date.
4. Acceptance
Acceptance shall occur, if not before, when Buyer fails 10 reject within ten (10) days after delivery of the Products. Buyer may rightfully reject only when a reasonable
inspection shows that the Products fail to conform substantially to the specifications for the Products. Buyer waives any right to revoke acceptance. Buyers remedies for any
nonconformity detected after acceptance are limited to those expressly provided in these terms and conditions for breach of warranty.
5. Limited Warranty
(a) Seller warrants to each onginai Buyer of Products that Products are, at the time of delivery to the Buyer, in good working order and conform to Sellers official
published specifications, provided that no warranty is made with respect to any Products, component parts, or accessories manufactured by others but supplied by Seller.
(b) Sellers obligation under this warranty for any Product proved not to be as warranted within the applicable womanly perod is limited to, at its option, replacing the
Product, refunding the purchase price of the Product, or using reasonable efforts to repair the Product during normal business hours at any authorized service facility of Seller.
All costs of transportation of any Product claimed not to be as warranted and of any repaired or replacement Product to or from such service facility shall be borne by Buyer.
(c) Seller may require the return of any Product claimed not to be as warranted to one of its facilities as designated by Seller, transportation prepaid by Buyer, to establish
a claim under this warranty. The cost of labor for removing a Product and for installing a repaired or replacement Product shall be borne by Buyer. Replacement parts provided
under the terms of this warranty are warranted for the remainder of the warranty period of the Products in which they are installed to the same extent as if such parts were
original components. Warranty services provided under these terms and conditions do not assure uninterrupted operations of Products; Seller shall not be liable for damages
caused by any delays Involving warranty service.
(d) The warranty period for Products is the shorter of twelve (12) months from the date of installation or eighteen (18) months from the date of shipment unless otherwise
agreed by Seiler in writing.
(a) EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, SELLER PROVIDES PRODUCTS AS -IS AND MAKES NO OTHER REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE PRODUCTS, THEIR FITNESS FOR ANY PARTICULAR PURPOSE, THEIR
MERCHANTIBILITY, THEIR QUALITY, THEIR NONINFRINGEMENT, OR OTHERWISE. IN NO EVENT SHALL SELLER BE LIABLE FOR THE COST OF PROCUREMENT
OR INSTALLATION OF SUBSTITUTE GOODS.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL SELLER BE LIABLE FOR ANY SPECIAL DAMAGES. CONSEQUENTIAL DAMAGES, INDIRECT DAMAGES. INCIDENTAL DAMAGES,
STATUTORY DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF REVENUE, LIQUIDATED DAMAGES, OR LOSS OF USE, EVEN IF
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER'S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO A PRODUCT SHALL IN NO CASE
EXCEED THE PURCHASE PRICE OF THE PRODUCT FROM WHICH THE CLAIM ARISES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS
AND EXCLUSIONS WILL APPLY WHETHER SELLER'S LIABILITY ARISES OR RESULTS FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE, MALICE, OR INTENTIONAL CONDUCT), STRICT LIABILITY, BY OPERATION OF LAW, OR OTHERWISE.
1319 Lincoln Avenue Waukesha, WI 53186
Phone: (262) 524-3496 Fax: 770-268-7601 E-Mail: SonyaBroughton@Eaton.com
Page 6 of 7
This bid contains protected, proprietary and confidential material that constitutes either (1) trade secrets and (2) commercial or
financial information, the disclosure of which would cause substantial competitive harm to Cooper Power Systems, LLC.
Cooper Power Systems
6:SdY
Cooper Power Systems Proposal Number: BEBN573400 Date: November 23, 2015
Revision 01 Proposal Valid Through: January 07, 2016
7. Cancellation and Return of Products
Orders shall not be subject to cancellation or modification either in whole or in part without Sellers written consent and then only with terns that will reimburse Seller for
all applicable costs incurred by virtue of the sale, including costs of purchased materials, engineering costs and a reasonable allowance for profit. Sellers written consent must
be given in advance of Buyers return of Products for credit. Seller reserves the right to cancel any sale of Products without liability to Buyer (except for refund of monies already
paid), it the manufacture or sale of the goods is or becomes technically or economically impractical.
8. Force Mateure
Seller shall not be liable for any failure to perform or delay in performing its obligations resulting directly or indirectly from or contributed to by any acts of God, acts of
Buyer or those under Buyers control, acts of government of other civil of military authorities. priorities, strikes. or other labor disputes, fires, accidents, floods. epidemics. war,
not, embargoes, delays in transportation, lack of or inability to obtain raw materials, components, labor. fuel or supplies, or other circumstances beyond Sellers reasonable
control ("Force Majeum Event") If Seller elects, the time for performance shall be extended by a period of time equal to the time lost because of any delays caused by reasons
of a Force Majeure Event. Should Seller be prevented from completing Buyers order or any part thereof because of any Force Majeure Event, then Buyer agrees promptly upon
request and upon receipt of invoice therefor, to pay Seller for any Product or Products then completed
9. Work Product
"Work Product" shall Include. without limitation, all designs. discoveries, creations, works. devices. masks. models, work in progress. service deliverables. inventions.
Products , special tooling, computer programs, procedures, improvements, developments, drawings. notes. documents, business processes, information and materials made,
conceived or developed by Seller alone or with others that result from or relate to the Products. All Work Product shall at all times be and remain the sole and exclusive property
of Seller. Buyer hereby agrees to irrevocably assign and transfer to Seller and does hereby assign and transfer to Seller all of its worldwide right, title and interest in and to the
Work Product including all assocraled intellectual property rights. Buyer hereby waives any and all moral and other rights In any Work Product or any other intellectual property
createddeveloped or acquired in respect of the Products Seller will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade
secret, execute and foe patent applications on it, to use antl disclose it without prior patent application, to file registrations for copyright or trademark in its own name or to follow
any other procedure that Seller deems appropriate. All tools and equipment supplied by Buyer to Seller shall remain the sole property of Seller.
10. Confidentiality
(a) Buyer may acquire knowledge of Seller Confidential Information (as defined below) in connection with Products and/or its performance hereunder and agrees to keep
Seller Confidential Information in confidence during and following termination or expiration of this Agreement. "Seller Confidential Information" includes but is not limited to all
information, whether whiten or oral, in any form, including. without limitation, information relating to the research, development. products. methods of manufacture, trade secrets.
business plans. customersvendors. finances, personnel data, Work Product, and other material or information considered pmpnetary by Seller relating to the current or
anticipated business or affairs or Seller that is disclosed directly or indirectly to Buyer. In addition, Seller Confidential Information means any third party's proprietary or
confidential information disclosed to Buyer in the course of providing Products to Buyer.
(b) Buyer agrees not to copy, alter or directly or indirectly disclose any Seller Confidential Information. Additionally, Buyer agrees to limit its internal distribution of Seller
Confidential Information to Buyers employees who have a need to know, and to take steps to ensure that the dissemination is so limited. In no event will Buyer use less than
the degree of care and means that it uses to protect its own information of like kind, but in any event not less than reasonable care to prevent the unauthorized use of Seller
Confidential Information. Buyer may disclose Seller Confidential Information that is required to be disclosed pursuant to a requirement of a government agency or law but only
after Buyer provides prompt notice to Seller of such requirement and gives Seller the opportunity to challenge or limn the scope of the disclosure
(c) Buyer further agrees not to use Seller Confidential Information except in the course of performing hereunder and will not use such Seller Confidential Information for
its own benefit or for the benefit of any third party. All Seller Confidential Information Is and shall remain the property of Seller. Upon Sellers written request, Buyer shall return,
transfer or assign to Seller all Seller Confidential Information, including all Work Product, and all copies containing Seller Confidential Information.
11. Patent Indemnify
In the event any Product is made In accordance with drawings, samples or manufactunng specifications designated by Buyer, Buyer agrees to indemnity, defend, and
hold Seller harmless from any and all damages, costs and expenses (including attorney's fees) relating to any claim arising from or relating to the tlesign, distribution,
manufacture, marketing. sale, or use of the Product or arising from or relating to a claim that such Product furnished to Buyer by Seller, or the use thereof. infringes any claim of
any patent, foreign or domestic, and Buyer agrees at its own expense to undertake the defense of any suit against Seller brought upon such claim or claims.
12. Changes In Product Desion or Manufacture
Seiler shall have the right to change, discontinue or modify the design and construction of any of its products and to substitute material equal to or superior to that
originally specified.
13. Software License
Software. If included with a Product. is hereby licensed and not sold. The license is nonexclusive, and is limited to use with the Product with which it is included No other
use is permitted and Seller mama for itself (or, it applicable. its suppliers) all title and ownership to any software delivered hereunder, all of which contains confidential and
propnetary information and which ownership includes without limitation all rights in patents, copyrights trademarks and trade secrets. Buyer shall not attempt any sale, transfer,
sublicense, reverse compilation or disassembly (save to the extern expressly permitted by law) or redistribution of the software. Buyer shall not copy, disclose or display any
such software, or otherwise make it available to others
14. Compliance with Laws
Buyer shall comply with all laws and regulations applicable to Products, including but not limited to all applicable import and export laws and regulations. Buyer and
Buyers Agent shall provide all information requested by Seller relating to Sellers voluntary or mandatory compliance with any law or regulation. and Buyer shall indemnify Seller
for any losses incurred by Seller ansing from Buyers or Buyers Agent's failure to provide the information requested by Seller.
15. Waiver
No waiver of any provision of these terms and conditions (or any right or default hereunder) shall be effective unless in writing and signed by an authorized representative
Seller. Any such waiver shall be effective only for the instance given, and shall not operate as a waiver with respect to any other rights or obligations under these terns and
conditions or applicable law in connection with any other instances or circumstances.
16. Language
The parties have expressly required that these terms and conditions be prepared in the English language. Les panes aux presentes ont expresswment exige qua lea
presents terries at les bons de commences emits aux terries ties prwsentes soient edges an langue Anglaise.
17. Choice of Law and Dispute Resolution
Except as set forth belowthese terms and conditions shall be govemed by and construed in accordance with the laws of the State of Texas, without reference to its
choice of law rules. If both Seller and Buyer are incorporated under the laws of Canada or a province of Canada. these terms and conditions shall be governed by and
construed in accordance with the laws of the Province of Onlano and the federal laws of Canada. If Buyer is incorporated in the United States, any claim or litigation ansing out
of or relating to Products shall be brought exclusively in a court of competent jurisdiction in Hams County, Texas. If Buyer is incorporated outside of the United States, any
dispute will be resolved by arbitration in Houston, Texas, by three arbitrators and under the International Chamber of Commerce Rules of Arbitration. The language of the
arbitration will be English. In all cases. Buyer and Seller expressly exclude from application the United Nations Convention on Contracts for the International Sale of Goods
18. Assidnmem
Buyer may not assign. transfer or subcontract the performance of its services, or any of its rights andfor obligations hereunder, without Sellers prior written consent.
19. Severabllhv
If any provision of these terms and conditions Is determined to be illegal, invalid, or unenforceable, the validity and enforceability of the remaining provisions of these
terms and conditions will not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there will be added, as part of these terms and conditions, one or more
provisions as similar in terms as may be legal, valid and enforceable under applicable law.
CPS 121010
1319 Lincoln Avenue Waukesha, WI 53186
Phone: (262) 524-3496 Fax: 770-268-7601 E-Mail: SonyaBroughton@Eaton.com
Page 7 of 7
This bid contains protected, proprietary and confidential material that constitutes either (1) trade secrets and (2) commercial or
financial information, the disclosure of which would cause substantial competitive harts to Cooper Power Systems, LLC.
Fort Collins Utilities Transformer Bid Loss Data Sheet
FCU Stoek a T120.1 W
e Units 30 Bid a: HIO'. Primmer Name : insh Makoosky
Size W kVA Data :%3 n Preparer Contact Num: 301M 5001
NL Lose Cost 5 Paperer Contact Email: mmm usr.minm can
FL Loss Cost 5
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2) Full load losses —it shall be clearly stated whether this number includes the winding's expected stray losses and losses associated with auxiliary devices
3) Winding's expected stray losses related to quoted transformer design
4) Losses assodaled with auxiliary devices such as fuses, breakers, switches. etc.
quoted loss values shall be corrected to a reterence temperature of 85-C. Quotations subm0ted during the bid process without the required losses information shall be deemed unresponsive and are subject
rejection by the City of Fort Collins.
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