HomeMy WebLinkAboutbocc.con.092.2015 Rev. 08-30-11 jls
AIP
COUNTY CLERK'S
*'146. 'x CONTRACT COVERSHEET
CONTRACT #: 092-2015
ORIGINATING DEPARTMENT: Fleet
PROCUREMENT OFFICER: Jonah Frank PHONE#: 5393
PROJECT NAME: 2 Electric Vehicle Charging stations CONTRACTOR: BTCPower
DOLLAR AMOUNT: $12,578.00 LINE ITEM# 110.52.94548.86669
CONTRACT EXECUTION DATE: CONTRACT END DATE:
AUTOMATIC RENEWAL: ❑ YES ® NO TERM:
❑ BOCC AGENDA ITEM(Grants, IGA) ® STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
❑ OVER$50,000(Requires Section Leader&County Manager's Signature)
If CHECK PROCUREMENT TYPE:
❑ None ❑ Informal ® Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid
❑ Compliance with C.R.S. 8-17-5-101, 102 as amended(Immigration Form) n Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE:
❑ Services/Maintenance ❑ Employment
❑ License/Use ❑ Intergovernmental Agreement(Resolution Required)
❑ Lease ❑ Non-Profit
❑ Construction ❑ Quasi-Public(e.g.-AVH)
® Goods,Equipment, Supplies ❑ Grant Agreements (Notify Finance&Resolution Required)
❑ Other(e.g. revenue) ❑ Change Order/Contract Amendment
(C/O: 10%or$25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ ®No Pages Missing ✓® All Other Blanks Filled In
✓ ® If Page Left Intentionally Blank—Note on Page ✓® All Exhibits Attached
✓ ® Page numbered consecutively ✓❑ All Legal Descriptions attached (if applicable)
✓ ® All Original Signatures Affixed ✓® Notice of Award/Notice to Proceed Attached (if applicable)
✓ ® All Dates Filled In ✓® Warranty(if applicable)
1 ® Special Instructions for Finance Department: Check
✓ ® Authorized Procurement Officer's Name: Jonah Frank
BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
Contract#092-2015 4/20/15
Budget Line Item#110.52.94548.86669
t
OT]I I
CONTRACT
FOR THE PURCHASE OF GOODS
THIS CONTRACT is made and entered into this 16th day of June, 2015 , by and
between the Pitkin County Board of County Commissioners, 530 E. Main Street, Third
Floor, Aspen, Colorado 81611 (hereinafter"County") and BTCPower, (hereinafter"Vendor").
1. GOODS PURCHASED. Vendor shall provide County the following goods
conforming to the stated description and any Technical Specifications attached to this
contract:
2.
2 Electric Vehicle Charging Stations, per the attached Documents
2. DELIVERY OF GOODS. Goods, together with all warranties, guarantees,
manuals, support information and notice of any extended warranties, shall be delivered
by Vendor to the County at the following place and time:
Place: 76 Service Center Rd. Aspen Co 81611
Date: October 1st 2015
3. RISK OF LOSS. At all times prior to delivery and County's acceptance of
the goods, Vendor shall bear any and all risk of loss of or damage to the goods. During
such period, Vendor shall insure the goods for loss or damage in amounts and under
appropriate terms.
4. TIME IS OF THE ESSENCE. Vendor acknowledges that time is of the essence
for delivery of goods.
5. LIQUIDATED DAMAGES. Vendor hereby agrees to be responsible to County
for liquidated damages for failure to deliver goods on time, (for delay and not as Penalty)
in the amount of$100 per calendar day for each day or part of a day that goods are not
delivered on the date and time established in accordance with this contract. The parties
agree that the stated sum is a reasonable forecast of fair compensation for the anticipated
damages for delay and that they genuinely intend to liquidate such damages. Any such
damages are to be deducted from purchase price.
6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon
acceptance by County. County shall have 14 Days for inspection of goods. At delivery
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Budget Line Item#110.52.94548.86669
and after inspection and acceptance, Vendor shall tender a Bill of Sale to the goods,
together with any and all other documents evidencing such ownership and title to the
goods. The goods shall be delivered to County free and clear of any liens, claims or
encumbrances, and Vendor shall warrant the same, which warranty shall survive closing
of this contract.
7. REJECTION OF GOODS. If goods are not delivered according to the
specifications and descriptions of this contract, County may reject goods. Vendor shall
have 10 days additional time to deliver goods in conformance with this contract. Upon
failure of Vendor to deliver goods, County may terminate this contract or declare Vendor
to be in default and pursue remedies contained in this contract.
8. WARRANTY/REPAIRS:
A. Delivery of Warranty. Upon delivery of the goods, Vendor shall
simultaneously tender to County all warranties, guarantees, manuals and other
documents specified by the contract documents or in possession of Vendor.
B. Terms of Warranty and Repair. The Vendor hereby warrants that for a
period of 3 Years goods are accepted, Vendor will, at Vendor's own
expense, without any cost to the County, replace all defective parts and make any
repairs to the goods that may be required or made necessary by reason of
defective material or workmanship. Where practicable, warranty repairs are to be
made in the field; however, in the event of major repairs, the goods may be
transported to Vendor's facility at no cost to the County.
C. Extended Warranties. In addition to the above, the County may avail itself
of the Vendor's standard and/or extended warranties. The Vendor shall offer to
the County any extended warranties, which may be available from the
manufacturer at the time of delivery, or any subsequent extended warranties, for
which the County may be eligible, which become available thereafter. The
County is under no obligation to accept and pay for these extended warranties
-however.
9. PAYMENT. Full payment shall occur upon acceptance of goods delivered in
compliance with this contract. In consideration of delivery and acceptance of the goods
to County in accordance with this contract, County shall pay Vendor, and Vendor agrees
to accept as its full and only compensation, the stated sum of $12,578.00, but any
payment by the County may be offset by any amount the Vendor owes the County for
any reason.
10. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. County
has the right to terminate this contract, with or without cause, by giving written notice to
the Vendor of such termination and specifying the effective date thereof.
11. COUNTY'S REMEDIES UPON DEFAULTOF VENDOR. Whenever Vendor
shall default in performance of this contract in accordance with its terms, County shall be
entitled to suit for damages, specific performance or other relief in law or equity.
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12 ASSIGNABLILITY. This contract is not assignable by either party. Any use of
subcontractors by the Vendor for performance of this contract must be accepted in
writing by the County.
13. BINDING ARBITRATION. Any disputes arising out of this contract shall be
subject to binding arbitration. The parties agree that any disputes concerning the terms
and conditions of this contract shall be submitted and finally settled by arbitration.
Arbitration shall be conducted pursuant to the rules of the American Arbitration
Association and shall be presided over by the Pitkin County Hearing Officer appointed to
arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the
substantially prevailing party.
14. SEVERABILITY. In the event that any provision of this contract shall be held to
be invalid or unenforceable, the remaining provisions of this contract shall remain valid
and binding upon the parties hereto.
15. INTEGRATION AND MODIFICATION. This contract represents the entire and
integrated contract between the County and Vendor and supersedes all prior negotiations,
representations, or contract, either written or oral. This contract may be amended only by
written contract signed by both the County and Vendor.
16. EXEMPTIONS. All purchases of construction or building or any other materials
for this contract shall not include Federal Excise Taxes or Colorado State or local sales or
use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624
and 84-78000-5K.
17. CONTRACT MADE IN COLORADO. The parties agree that this contract was
made in accordance with the laws of the State of Colorado and shall be so construed.
Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
18. ATTORNEY'S FEES. In the event that legal action is necessary to enforce any of
the provisions of this contract beyond the arbitration described in Paragraph 13, the
substantially prevailing party shall be entitled to its costs and reasonable attorney's fees.
19. GOVERNMENTAL IMMUNITY. Vendor agrees and understands that the
County is relying on and does not waive, by any provision of this contract, the monetary
limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any
other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, § 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise
available to the County or any of its officers, agents or employees. Further, nothing in this
contract shall be construed or interpreted to require or provide for indemnification of the
Vendor by the County for any injury to any person or any property damage whatsoever
which is caused by the negligence or other misconduct of the County or its agent or
employees.
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Budget Line Item#110.52.94548.86669
20. CURRENT YEAR OBLIGATIONS. The parties acknowledge and agree that any
payments provided for hereunder or requirements for future appropriations shall
constitute only currently budgeted expenditures of Pitkin County as County. Pitkin
County's obligations under this contract are subject to Pitkin County's annual right to
budget and appropriate the sums necessary to provide the services set forth herein. No
provisions of the contract shall constitute a mandatory charge or requirement in any
ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of
the contract shall be construed or interpreted as creating a multiple-fiscal year direct or
indirect debt or other financial obligation of Pitkin County within the meaning of any
constitutional or statutory debt limitation. This contract shall not directly or indirectly
obligate Pitkin County to make any payments beyond those appropriated for Pitkin
County's then current fiscal year. No provisions of this contract shall be construed to
pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any
provision of this contract restrict the future issuance of Pitkin County's bonds or any
obligations payable from any class or source of Pitkin County's money.
21. NOTICE. Any written notice required by this contract shall be deemed delivered
through any of the following: (1) hand delivery to the person at the address below; (2)
delivery by facsimile with confirmation of receipt to the fax number below; or(3) within
three (3) days of being sent certified first class mail, postage prepaid, return receipt
requested addressed as follows:
A. To:Pitkin County with copies to:
Jonah Frank,Fleet Manager Pitkin County Attorney's Office
76 Service Center Rd 530 E.Main Street,#302
Aspen, Colorado 81611 Aspen, Colorado 81611
Fax: 970-429-1858 Fax: (970)920-5198
B. To Vendor:
Broadband TelCom Power Inc `/
1719 S Grand Ave. % �2cu.%h l-e- 1 0
Santa Ma, Ca 92705 71�_���9_ �99�
Office: 847-374-8840 re,x "
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out
herein above.
VENDOR: BOARD OF COUNTY COMMISSIONER OF
PITKIN COUNTY COLORADO
B : �/ oWGl� 7/40/ B : �i
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Name/Company D. e Fl- i, . !ager ri at,
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By: i' 4/-B ,i /�
Date Date
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Contract#092-2015 6/17/15
Budget Line Item#110.52.94548.86669
. A
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ir
NOTICE OF AWARD
Date: 6/17/15
To: Broadband TelCom Power Inc.
The Owner,having duly considered the Proposal submitted on 3rd,for the work or
purchase covered by the Contract Document titled 2 Electric Vehicle Charging Stations
in the amount of$12,578.00 and it appearing that the Price and other information in your
Proposal Form is fair,equitable and to the best interest of the Owner,the offer in your
Proposal Form is hereby accepted.
In accordance with the terms of the Contract Documents, you are required to execute the
Agreement in one original of contract within ten (10) consecutive days from this Notice
of Award.
Jonah Frank,Pitkin County Fleet Management,76 Service center Rd. Aspen Co, 81611
PITKIN COUNTY
By: 11111.11111k. _
��:T 6 nah Fr. � Fleet anager7/..r �
—__-- – --- _= CCEPTANCE OF NOTICE –_—_
Receipt of the al ovvee Notice of Award isr reby acknowledged
e�i� this L day of ..,71,4://_,.,20.1-3•:'
itle i/'AL' .r , . 47'
P4r I:POWER
SEALED PROPOSAL
Broadbar4 TelCorn Power, Inc,
(dibia BTCPower)
Response to the Request for the Purchase of Goods
Proposal
Two (2) Bollard Mount, Dual-Port
Electric Vehicle Charging Stations
for
Pitkin County
Located in the
State of Colorado
Contract #092-2015
Due Date: June 3, 2015
Pitkin County Colorado
Electric Vehicle Charging Station Response
d Si ner •rontact:eizi:_owL401...44,1
don. E. Jarecki
VP— Marketing and Busi - s Development
BTCPower State of Incorporation - California
dj a reckig4frni.com
Broadband TelCom Power, Inc.
1719 S Grand Ave.
Santa Ana, CA, 92705
Office: (847) 374-8840
Mobile: (847) 778-2831
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Budget Line.Item#110.52.94548.86669
.4 i �, 1
1
PROPOSAL FORM
Proposal Time: 2 At
- Proposal Date: (Jf! /24,16--
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- From: a 4 BAN b i 1 IivQ,fl .
6 4 /37-67>0 WEIR.3
1 ) ' . 6 AAJ A E.
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': To: THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS
do Jonah Frank,Pitkin County Fleet Manager,
76 Service Center Rd.
Aspen,Co 81611
1
For: 2 Electric Vehicle Charging Stations
Pursuant to a request by the Pitkin County Commissioners, the undersigned proposer having
examined the Contract Documents, including the site of the proposed work and being familiar with
conditions surrounding the construction of the proposed Project, including the availability of
materials and labor hereby proposed to furnish all labor, materials, supplies, services and
supervision required to perform the work for the project identified above and listed below and as
detailed in the Contract Documents for the sum of
IVV�%r e J
The lump sum of ff,/�"/km/04W/km/04WS&VENTY-6.q lags($.145260. . -
1 Description of goods TI O ( ) 4, /u J poi'd! &l/ai-d(Noun/p•k4 .ch/ ,
The product to be delivered by o 5" !01. / a -Pr i 1/If00ireg 744 ..efegEb
Cost of Baseunit with options requested ri
////�/j /� .e . ,�.. of'vli� 5;1;
I pyrilivi
Options sheet and cost for each /�f//��IQ1 - f to "6�I�1
it,
It is further understood that the right is reserved by the Owner to reject any and all proposals and it
is agreed that the proposals may not be withdrawn for a period of ten(10) days from specified time
t for receiving proposals.
4
3s'.,
Contract#092-2015 - 4/20/15
Budget Line Item#110.52.94548.86669
The undersigned agrees that upon notification of acceptance of this proposal, it will execute a
Contract for the above stated work for the above compensation within the scheduled mutually
determined.
•
The proposer hereby certifies:
A. That this proposal is genuine and is not made in the interest of or on behalf of an
undisclosedperson, firm or corporation and is not submitted in conformity with any
agreement of rules of any group,association,or corporation.
B. That it has not directly or indirectly induced or solicited any other proposer to put in a false
proposal.
C. That it has not solicited or induced any person, firm, or corporation to refrain from
,,proposing.
The Proposer acknowledges receipt of Addenda's Nos. I
The right is reserved to waive any informalities and to reject any Proposal.
(Type/Print name under all signatures)
Dated this ay of. u,v�-�. , - 2.01
(Corporate seal) THE' : • 'OSERa M1 •
r� 'r
p,V4 -:VES: VP
SIGNATURES: If the proposal is being submitted by a Corporation, the proposal should be
signed by an officer, i.e. President or vice-president. The signature of the officer signing shall be
attested to by the secretary and properly sealed. If the proposal is being submitted by an individual
or a partnership,the proposal shall so indicate and be properly signed.
•
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5
0e TCPC/WER'
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Pedestal Level 2 Dual Port Charger
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Features:
V 16/30/40 amp rated (40A quoted in
this proposal)
V Credit card reader or optional
contactless RFID reader
V 7-inch color outdoor display
V Wi-Fi Enabled
.7 Can be outfitted with an optional
Cord Management System
10
BTCPOLUER
BTCPower Pricing Summary
• Level 2 Dual-Port Pedestal EV Charging
Station
Pitkin County Colorado RFP Response
_ Dual-Port Pedestal
Per Unit
Item Description Cost Quantity Total Cost
40A, Level 2, Dual-Port Charging Station-9.6kW
1) output @240VAC $4,695.00 2 $9,390.00
Payment System,to include: Incl above 2 Incl above
-7"Monitor-Sunlight Vieweable, LCD touch
screen Incl above 2 Incl above
-Card Reader PCI Compliant Incl above 2 Incl above
-PC Controller Card Incl above 2 Incl above
Communications-One(1)3G Cellular Modems
2) and 1.5 GB data plan $1,260.00 1 $1,260.00
($35 per month, annual cost-$420), 3-year term,
total cost-$1,260)
Access to BTCP networking,custom web portal,
3) reporting and software($12/month, per port)
$288/annual fee per dual port charging station,3
year term-$864 $864.00 2 $1,728.00
4) Shipping (Est.at$100/unit) $100.00 2 $200.00
TOTAL $12,578.00
OPTIONS
RFID Reader $295.00 1
Cord Management System $650.00 1
Extended Warranty(Years 4&5) $1,800.00 1
Custom Crate $650.00 2
Service Plan (Network/Communications)
The service plan cost data in the Bid Proposal is for cellular wireless communications only. This
is the communications option available to Pitkin County if no other communications solution is
possible (DSL/hard wire or just WiFi). There is no additional cost to the Pitkin County if it is
able to supply its own DSL connection or WiFi communication solution. BTCPower does not
have enough information in this RFP to know if the aforementioned communication solutions are
possible.
38
OLUER
as
BTCPower will supply Pitkin County with a three (3) warranty to the dual-port Level 2 40A EV
charging station outlined in this RFP Response (detailed below).
BROADBAND T LECOM POWER, INC.
LIMITED PRODUCT WARRANTY
t x r
This Limited Product Warranty applies to customers who have purchased a BTCPower
Electric Vehicle Charging Station(s) and/or a related product ("Product(s)") from Broadband
Telecom Power, Inc., or one of its authorized distributors.
LIMITED WARRANTY: Subject to the exclusions from warranty coverage set forth below,
BTCPower warrants that the Product will be free from any defects in materials and/or
workmanship (the"Limited Warranty") for a period of three (3) years after the date of the initial
installation of the Product (the "Warranty Period"). If the Product becomes defective in breach
of the Limited Warranty, BTCPower will, upon written notice of the defect received during the
Warranty Period, either repair or replace, at BTCPower's election, the Product if it proves to
be defective; provided, that BTCPower will not be responsible for the cost of any labor
associated with the repair or replacement of any defective Product.
You acknowledge that replacement products provided by BTCPower under the Limited
Warranty may be remanufactured or reconditioned Products or, if the exact Product is no
longer manufactured by BTCPower, a Product with substantially similar functionality
("Replacement Products") will be supplied. Any Replacement Products so furnished will be
warranted for the remainder of the original Warranty Period or ninety (90) days from the date
of delivery of such Replacement Product, whichever is greater. Should BTCPower be unable
to repair the Product, BTCPower will replace the Product with the latest model/version of a
similar product in current production.
EXCLUSIONS FROM LIMITED WARRANTY
IMPORTANT: The Limited Warranty and on your Product shall not apply to defects, or service
repairs, resulting from any of the following:
• Force Majeure—any occurrence or extraordinary event or circumstance beyond the
control of BTCPower that is an act of God or whether that occurrence is caused by
war, riot, storm, (such as hurricane, flooding, earthquake, volcanic eruption, etc.), or
other natural forces, or acts of nature or other causes.
35
TCPOLLER
EXCLUSIONS FROM LIMITED WARRANTY(con'd)
• Vandalism.
• Any Alteration or Modification of the Product in any way not approved in writing by
BTCPower.
• Abuse, damage or otherwise being subjected to problems caused by negligence
(including but not limited to physical damage from being struck by a vehicle) or
misapplication, or misuse of the Products by customers or end users.
• Installation or relocation of the Products unless performed by an authorized BTCPower
distributor or by an authorized installer or service provider.
• Improper site preparation or maintenance.
• Damage as a result of accidents, extreme power surge, extreme electromagnetic field.
• Use of the Product with software, interfacing, parts or supplies not supplied by
BTCPower.
You are responsible for the proper installation and maintenance of the Product. Any service
or repairs beyond the scope of the Limited Warranty above are subject to BTCPower's
prevailing current labor rates and other applicable charges.
Third Party Products. This Limited Warranty is exclusive of products manufactured by third
parties ("Third Party Products"). If such third party manufacturer provides a separate
warranty with respect to the Third Party Product, BTCPower will include such warranty in the
packaging of the BTCPower Product.
OBTAINING WARRANTY SERVICE
To obtain warranty service you must contact BTCPower within 3 business days of realization
of the defect at 1-714-259-7996 and ask for Customer Service, provide a written description
of the source of the defect along with any pictures and email this information to the email
address provided by the customer service agent. If necessary, you may be required to
deliver the Product, in accordance with the instructions provided by BTCPower, along with
Product's serial number, to BTCPower's repair facility.
36