Res No 098-17-14899RESOLUTION NO: 098-17-14899
A Resolution authorizing the City Manager to negotiate and enter into a
contract for the purchase and installation of vehicle charging stations with
ABM Building Services, Inc.
WHEREAS, the Mayor and City Commission wish to install one (1) ChargePoint
Station Level 2 with dual bollard gateway unit at the Bethel-Gibson Community Center
located at 5800 SW 66th Street; and
WHEREAS, with the electrification of transportation finally taking hold,
municipalities need to take a leadership role in developing sustainability policies in
their communities for residents and businesses; and
WHEREAS, the use of electric vehicles (EV) reduces the gasoline consumption
and greenhouse gas emission; and
WHEREAS, by deploying EV charging, the city will be able to develop deep
marketing partnerships with EV drivers, retailers and other local business enterprises;
and
WHEREAS, the City pays about 8 cents per kWh, which equates to approximately
40 cents per charge. Since the City would pay Chargepoint for connection services so
they could charge money to people (about $3 per charge), the City will provide 1,250
free charges (three a day) before it cost us a dime. Therefore, the City Administration is
proposing to make this service free of charge to electric vehicle users; and
WHEREAS, ChargePoint is developing applications such as "Places" which is
designed to help retail businesses connect with EV drivers, convert them into
customers, and deliver an outstanding charging experience. IIPlaces" allows retailers to
get access to a high-value South Florida EV driver demographic, and can offer
ChargePoint members exclusive promotions and benefits by shopping and charging at
South Florida retail locations; and
WHEREAS, the purchase and installation of the charging stations from ABM
Building Services, Inc., shall be made by piggybacking onto its contract with Choice
Partners purchasing cooperative, a division of the Harris County Department of
Education; and
WHEREAS, ABM Building Services Inc. was awarded the contract with Choice
Partners purchasing cooperative as a result of a competitive solicitation and selection
by an evaluation committee; and
WHEREAS, the City desires to enter into a contract with ABM Building Services
Inc., at a cost of $12,243 for the installation of one (1) ChargePoint Station Level 2 with
Page 1 of2
Res. No. 098-17-14899
dual bollard gateway unit at the Bethel-Gibson Community Center located at 5800 SW
66th Street; and
WHEREAS, the City desires to provide a contingency of $1,500 over the proposal
amount for unknown factors that may arise during the work; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager
to enter into a contract with ABM Building Services, Inc., for the installation of one (1)
ChargePoint station Level 2 with dual bollard gateway unit for a total amount not to
exceed $12,243.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Manager is hereby authorized to negotiate and enter into a
contract for the purchase and installation of vehicle charging stations with ABM Building
Services, Inc., by piggybacking onto its contract with Choice Partners purchasing
cooperative, a division of Harris County Department of Education, for an amount not to
exceed $12,243. The total expenditure, including the contingency amount of $13,743
shall be charged to the Capital Improvement Program, account number 001-1790-519
which has a balance of $25,000 before this request was made.
Section 2. Severability. If any section, clause, sentence, or phrase of this
resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, this holding shall not affect the validity of the remaining portions of this
resolution.
Section 3. Effective Date: This resolution shall take effect immediately upon
enactment.
PASSED AND ADOPTED this 16th day of May, 2017
ATTEST: APPROVED:
COMMISSION VOTE: 4-1
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Harris: Yea
Commissioner Liebman: Nay
Commissioner Edmond: Yea
Page 2 of2
THE CITY OF PI.EASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM:
DATE:
SUBJECT:
BACKGROUND:
FUND & ACCOUNT:
AnACHMENTS:
Steven Alexander, City Manager
Agenda item No.:L May 16, 2017
A Resolution authorizing the City Manager to enter into a contract for
the purchase and installation of vehicle charging stations with ABM
Building Services, Inc., through a piggyback from Choice Pa~;tners
purchasing cooperati~e, a division of the Harris County Department of
Education.
The City of South Miami is installing a dual-vehicle charging point station
at the Bethel-Gibson Community Center.
The purchase and installation of the charging stations are through a
piggyback from ABM Building Services, Inc., an authorized supplier of
charging stations from Choice Partners (CP) purchasing cooperative, a
division of the Harris County Department of Education (HCDE) contract.
HCDE awarded the contract to ABM Building Services, Inc., as a result of a.
competitive solicitation and selection by an evaluation committee. The
contract with ABM Building Services, Inc., expires January 14, 2018.
The total expenditure of $13,743 shall be charged to the Capital
Improvement Program, account number 301-1790-519-6450 which has a
balance of $995,000 before this request was made.
Resolution
ABM Building Services, Inc. Quotation
Piggyback Agreement
Choice Partners (CP) & HDCE Evaluation Selection Form
ABM Building Services, Inc., Contract Term Summary
Sun-Biz
O .. iiding¥all,le .
Proposa" KC122216"()1
Date: January 31, 2017
CUstomer: City of S. Miami
Steve Kulick, C.P.M.
Chief Procurement Officer
Scope of Work
1) Provide (i) ChargePolnt CT4021 dual bollard gateway unit
2) Pricing based concurrent with HCDE Coop Catalog plus additlonalS" discount
3) UtUize existing panel. and provlde/lnstall (21403 breakers
4) Run 1" emt conduit over and down In electric room
5) Cut and trench through 20' of concrete
6) Set car charging unit
7) Set protective ballard
8) Install patch conrete
EV Charging Station Proposal
Please Note this pricing does not includle permits. Those will be billed separately as costs are unknown at this time.
All work to be performed during normal business hours M-F Sam· 4:30pm iocal time.
exclusions/Clarifications:
1) Does not include permits, or additional requirements from zoning Issues or previous site probrems with the munlcfpalltles
2) Does not Include abatement of hazardous materials that may be discovered during the Course oftha project
ABM Electrical Power Services
152 Technology Drive
Irvine, CA, 92618
Mobile 949.241.5278
kevin.christopher@abm.com
Site 10: City of S. Miami
6130 Sunset Drive
South Miami, Fl33143
(305) 663-6339
skulick@southmiamifl.gov
I
3) At Umes, sianal boastlng antennae are required for the wIreless features of s9me charolng stations to function properly. During the original site visit we make every effort to determine: the need for signal
boosting antennae. However, even if signal boostinB antennae are not Included with this quote, a need could arise In the future. Due to the nature of cellular networks possible Interference and line of sight
obstructions could create the naed for some antennae. Once the Installation of the charging statlon(s) has been completed. the functionality of the wireless network capablllt!es will be tested. If at that ttme or
any time thereafter It Is determined signal boosting antennae are reqUIred, a separate quote wHI be provided.
HCDE pricing
HCDE Pricing
Part Number
CT4021-GW
CTSW-SAS-NOS-tOMM
Installation-#3
Installation-#4
Installation" #5 & #8
Installiition-liS & 118
Installation-1I6
Installation-#7
QTY. Description
1 ChargePoint Dual Bollard Gateway Unit
2 ChargePolnt Commercial Network-1 year prepaid per port per year
1 Provide and Install (2) 40a breaker
1 Provide and Install 1 n EMT conduit -90' froin existing panel to station location
1 Cut and trench through 20' of concrete labor
1 Cut and trench through 20' of concrete material
1 Set charging unit
1 Provide and Install concrete ballard
"'
SUBTOTAL:
Customer Tax Exempt
I 1 !Shlpplng & Handling
Total:
Page 1
Price Each Ext. Price
$ 5,768.00 $ 5,768.00
$ 250.00 $ 500.00
$ 5S0.84 $ 550.84
$ 2.13S.35 $ 2,135.35
$ 855.00 $ 855.00
$ 570.00 $ 570.00
$ 815.00 $ 815.00
$ 823.81 $ 823.81
$ -
$ :i2,018.00
$ -
$ 225.00 $ 225.00
$ 12,243.00
CONTRACT FOR ELECTRIC VEmCLE CHARGING STATIONS
THIS AGREEMENT made and entered into this '2.1-day of ~\ ,20...ilby
and between the City of South Miami, a Florida municipal Corporation by and through its City
Manager (hereinafter referred to as "City") and AMB Building Services. Inc., (hereinafter
referred to as ·'Contractor").
WITNESSETH:
WHEREAS, the COlltract for Electric Vehicle Charging Stations was competitively
solicited by Choice Partners Purchasing Cooperative. a Division of the Harris County
Department of Education pursuant to RFP #12/051D which allows for the purchase of
Electric Vehicle Charging Stations; and
WHEREAS, the contract for Electric Vehicle Charging Stations was competitively
solicited biY Choice Partners Purchasing Cooperative, a Division of the Harris County
Department of Education pursuant to RFP #121051DA and after a competitive bidding
process, awarded a contract, Contract No. t2l05D-OtA to Contractor; and
WHEREAS, the City of South Miami desires to utilize the Choice Partners
Purchasing Cooperative. a Division of the Hanis County Department of Education
contract, for Electric Vehicle Charging Stations and pursuant to authority of the City of
South Miami's Charter.
NOW, THEREFORE, the City and the Contractor, each through their authorized
representative/official, agree as follows:
1. The City desires to enter into a Contract, under the same tenns and
conditions as set forth in the solicitation and the agreement between the Contractor and the
Choice Partners Purchasing Cooperative. a Division of the Harris County
Department of Education.
2. The City has reviewed the contract and agrees to the tenns and conditions to
be applicable to a purchase order to be issued by the City and further agrees to the fair and
reasonableness of the pricing. Contractor hereby agrees to provide such goods andlor
services, pursuant to the City's purchase order made during the term of this agreement, under
the same price(s), terms and conditions as found in the solicitation documents and the
response to the solicitation, pertinent copies of which are attached hereto as Attachment A
and made a part hereofby reference, and the agreement andlor the award between the, a copy
of which, including any amendments and addendums thereto, is attached hereto and made a
part hereof by reference.
3. All references in the contract competitively solicited by Choice Partners
. Purchasing Cooperative, a Division of the Harris County Department of Education
pursuant to RFP #12/051DA and Contract No. 12/05D-OIA, Contractor. shall be assumed
to pertain to, and are binding upon Contractor and the City of South Miami. All decisions
that are to be made on behalf of the between Choice Partners Purchasing Cooperative. a
Division of the Harris County Department of Education competitively solicited by the
Thomas F. Pepe-Ol-1l-16
Page 1 of 5
Choice Partners Purchasing Cooperative, a Division of the Harris County Department
of Education pursuant to RFP #1210510 and Contract No. 12t05D-OIA, for Electric
Vehicle Cbarging Stations Computer Equipment and its agreement with Contractor, shall
be made by the City M~ager for the City of South Miami. The tenn.ofthe contract,
including all extensions authorized by the contract shall not exceed five years.
Notwithstanding anything contained in the RFP and Contract or the Choice Partners
Purchasing Cooperative, a Division of the Harris County Department of Education
contract to the contrary, this agreement shall be governed by the laws of the State of Florida
and venue for all dispute resolutions or litigation shall be in Miami-Dade County, Florida.
4. Seope of Goods and Services. The scope of goods and services are set forth
in the attached Attachment B. .
5. Contract Priee. The contract price for the good and services is set forth in
the attached Attachment B. If not otherwise set fo~ in the Choice Partners Purcbasing
Cooperative, a Division of the Harris Cooty Department of Edueation
Agreement/Contract, the Contractor shall be paid upon delivery of all the goods, the
completion of all the services and after finat inspection by the City that approves of the
goods delivered and the work perfonned.
6. Grant FundiDg: This project is being funded Nt A and Contractor agrees to
comply with aU the requirements of that Grant, applicable to the delivery of the goods and
services that are the subject of this Agreement, and that are within its power to provide and
to provide all the documentation within its control that is required for the City to be able to
recover the contract price pursuant to the terms of the grant. A copy of the grant is attached
hereto and made a part hereofby reference.
7) Public Records: CONTRACTOR and all of its subcontractors are required to
complY'with the public records law (s.1l9.070l) while providing goods andlor services on behalf
of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in
all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by
the public agency to perfonn the service; (b) Upon request from the public agency's custodian of
public records, provide the public agency with a copy ofthe requested records or allow the records
to be inspected or copied within a reasonable time at a cost tbat does not exceed the cost provided
in tbis chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Contract tenn and following completion of the Contract
if CONTRACTOR does not transfer the records to the public agency: and (d) Upon completion of
the Contract, transfer. at no cost, to the public agency all public records in possession of
CONTRACTOR or keep and maintain public records required by the public agency to perfonn the
service. If CONTRACTOR transfers all public records to the public agency upon completion of
the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or .
confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps
and maintains public records upon completion of the Contract, CONTRACTOR shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency's custodian of public records,
in a fonnat that is compatible with the information technology systems of the public agency.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
Thomas F. Pepe-OH 1-16
Page lof5
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@soutbmiamifLgov; 6130
Suuset Drive, South Miami, FL .33143.
8. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily
and intentionally waive any right either may have to a trial by jury in State or Federal Court
proceedings in respect to any action, proceeding. lawsuit or counterclaim arising out of the
Contract Documents or the perfonnance of the Work thereunder.
9. VaUdity of Executed Copies: This agreement may be executed in several
counterparts. each of which may be construed as an original.
18. Attorneys' Fees and Costs: In the event of any litigation between the parties
arising out of or relating in any way to this Agreement or a breach thereof. each party shall
bear its own costs and legal fees. Nothing contained herein shaU prevent or prohibit the right
to be indemnified for any attorney fees incurred in the defense of an action by a person or
entity who is not a party to this Agreement.
11. Severability: If any tenn or provision of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Agreement, or the application of such tenn or provision to persons or
circumstances other than those to which it is held invalid or unenforceable, shall not be
affected thereby and each tenn and provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned
representatives of the parties hereto have caused this instrument to be signed in their respective
names by their proper officials on or before the day and year first above written.
ABM BUljDl~G SERVICES, INC,:
By: 1<~ ".
()'~"'\\.'IA,;\ ~'" J ~ 't.e..~", ~i."'~\.../
(type name and title dlsignatory above)
AT~I1, CITY BY:l£'iit~~;~;t~:L~ Alexander
City Clerk City Manager
Read and Approved as to Form,
Language. Legality and Execution
Thereof By:~d~
Thomas F. Pepe
City Attorney
Thomas F. Pepe -01-11-16
Page 3 of 5
ATTACHMENT A
Choice Partners Purchasing Cooperative &
.----
Harris County Department of Education
CONTRACT AND SCOPE OF SERVICES
Thomas F. Pepe -01-11-l6
Page 4 of 5
1/412017 ABIlA BuiJdi~ Services I Electric Vehicle Charging and HVAC I Choice Partners Cooperative
ADM Building Services, Inc.
Contract Category: Electric Vehicle Charging Stations (JOC-IDIQ)
Contract Number: 121051 DA-O 1
Coldract Terms:
Initial Award Date: January 15,2013
1st Renewal Start Date: January IS. 20 15
2 0d Renewal Start Date: January IS, 2016
3rd Reoewal Start Date: January 14,2018
Current ExpiratioD Date: January 14, 2018
Reaewals Remaming: 0
CP Contract Manager:
JOaDll Nichols
joann@choice,partners.org
713-696-2122
Contract Partner: ABM Building Services, Inc.
• Coatract Partaer Web Site: A BM hnp:/lwww.abm.com
'U Approved Market Area: National
BuIlding Value
APPROVED PRODUCT OR SERVICE:
Electric Vehicle charging stations
TO PLACE AN ORDER:
Contact the vendor for all your needs 866.226.2838
PRICING: Is according to the contract on file with CPo
Freight Terms: -
MWBEIHUB Status: Not Certified
DUE DILIGENCE: Download
CONTACT INFO
For SALES
KentB. Ellis
152 Technology Drive
Irvine, California 92618
Phone: 949-330-3060
hItps:llwww.chQceparlners.orWprintvendordetails.php?icF1379 112
RPP ## 12lO51J)A
5.0 CONTRACT TERMS AND CONDITIONS
Thoso C0Il1nlOt Temw lUll CoDdlUons are part: of tho final contract In oacb produot and/or service oontract Awarded as a result
of 1bJs RPP rwI are part of tlte terms and coudi1tcms of eaolt Purchase Order or pn)posaI fonII8 i8&1lO4l1n aounccdon whh dds
RPP. Veadora IUQ respoaslblo 1br ~ any OXcoptfollS to 111_ terms ana COllditiol1L ANY RQiPTIQMI MUST II
Ngrm DIBECTLX BMW MeR or TIll Umcrt\1J!j DjB)JB AND OONDW0ti8. Propoaab tPM are
quaIiftecI with cOlldltfonal .... ~ DOt Galled ibr, or other irIoplaritiea maY be consfcterecl nOD-respcm&ivo by
HCDBICPC Uld elbalDlted hbl thriller coulderatJcm.
COlllTllACI' BBT'WIBN
IIAlUUS COtJNTY DIlPA8.TM1NT OI'EDUCA'l'ION AND
f\bM. -su,U .. bttO<:. SisR.rI.4.6S, 1.1.,.(!, ("Veade .... '
To Pumfsh, Install. Repair. Servico, PW'Cbuo, Lease, and/or Leaso-~ BleCUk:al Veblclo ChargiDg StatIcms UId Rclat06
Itelttl.
Thls COIlhct u enad .., ~ H<DB _ VOIIdor, bavms submitted. proposal m reapoa to RFP' 12I051DA isaul
by HCI>BICPC and whoae proposal bas beeD acuepted and awarde4 ." BCD!. In oonsldllDliloD of die mutua) 00\'8DII8tI aad
00II4ld0Ds ccmtalaecl In tbfa CarItnIat IBId 01ller aoo4 Ill1II valuab1a ooaslderadOD. the recelpl and IIdIlctoDcy of which are
hereby uImcnPledpd. HCDE and Vendor, InteadhIg to be loaaUY bouad. IIDCl ~ to the term., CIOIldIdons, and plOVl81cm1
ofthla CoatnGt, qreo II tillowa:
5.1. Deflllitloas
TIle tenDS .... in tis ContJUt sIJa!J law the meaDlDp uaignocho them ID Sadlon 1.0 Notice of'lnhltt ofthoRPP.
S.2. tJ,g orCODtracfby JICDE ... 1Ien .
Vemtor agrees and 1I1U!erataodti that title RF'P and CoJdract may be .-to accomplish wort fbt. BCDE ead HCDB
membera.
5.3. CoatncaTenaa;AIIle8dmlllt
The tmns aad oondidcms of tills ConIraataball softl'll all plOO111'8mIllta CODduoted haroua.cler. No pre-publfahed terms
011 VcDdor's ~ Or., aoImowledp1on1a. 1Il\'o1cea. or otbot 1brma ahaIlliave 1lIIY lu.,. or effect ..
oxprasIy IJRIIIl ~ by the }ICDB member md Veacfor. No 8lfttIIIdme1lt otlbis CoIitracl ahaIl be pennluecl plCIII ad
UIdIl 8m approwclln wrltlna by BCDB met. If MCeI!lry. tho HCJ)B momber(s), and ftC) .UGh IJDOJIdmaat BhBU haw
any affect unIeaa end urrtfl a wrltteIl 8bI01UImont to this CClntnIct is oxoculed by tho acnE SuperJnt.elldent or bt&
ctcalpDO .,. any neaessery approwls hIM been obtained from tho HCJm Board ofTrustaIll.
5.4. Termer CDntraetJ RtDMNIfJt CCIDtHr.t
The lrdtiat tam of this Contract is b-a period ot~ (2) yem, with Ram haviq tl1e optlon tel JelleW th Contract
fbi' three (3) additional oU-YOIl' term., Itt BCDB'. solo disureticm. lDIiOSll odlerwIao speoffled 1ft Sectla U 8eopo of
propo .... Conaoquem1y, the tota11DnD of'" Comraoe may be fbr a period of JIve (5) yeara. The: pbft1R "Term" in
tlrIa CoIJtrag& ahdl mean 1be titlRl-Clll.l'J'Gn Term of the Coatraot. vdtelhor an iDfIJal term or a renewal term.
5.5. Ter1DiDatiOD ofCOIlCI'aet
This Conbc:t abaU nmWn in effeot until (1) the Contract expiru by Its tonns or (2) the ConUact Js faIltinatod by
mutual coasent ofHCDB and Vendor. 1n the event of a bleach or default oltho Coftlraot II!IdIor the RFP by Vendor.
HCDB reservea tho right Co eofbree the perbmance of the Contract in Sf mannor prescribed by law or deomed iD be
in the best Intereat of HeD:! and/or HCDB members. BCDB filrther roserws tho datu to tennbIat8 the Co\lUaot
fmmedJatoJy 1ft the evem Vender &lIs to: (1) moat aobad1ll08. dettdUnea. and/or dellvery dates wit1d1I the time specified
In the RFP. this eontract, lIDdJor a PlU'Olmso Ordol; (2) make any payments ~ or (3) otflarwiso 1*fbrm. in
IICIIOJ'dancc with Ihfa Contract and/or tho UP. HCDE also reserves th6 dahl to terminate 1he Contract Immediately.
wlth wrlU'eD notlce to Vedat, ifHCDa belleves, In Its solo disctet1o.n that It is ill the best intemt of HCDB endIor
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lit! R1IIIIDt'OWI HCD.B IIlIIIbez8 arelltljoat to11le Tau PubIiG IdJrmatIoD Aat;1II!d Vendor __ any cIalm .....
ancl reJ_ hm lIabDtt,y HCDB aacI HCDB III ..... tbaIr l'IIpDOtiw offIars, _ ..... ad atIonIIys
with reapeat to cUaaJanJe of tatDrmdaa provfdid ... OJ' Sa 1Ida Cotdftad or ot1zerwfae oreatrld. II88dIIIbIec1,
malIdabed, or helcI by VIICIor, HCDB. Dl' lilt HCDB mtIIber aad .4etanDlai:d by RCDB or the HmB 1IIIIIIIMl', Ibo
AtromeyGlilnJ ofT .... Oft. aourt of JAw to be aabjoct1l) diaclowro 1DIII«tIIe TatI8 PGbJla !"b'm'fl0l\ N:L
5.10, ........... ,.,.. ...
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. 2253.1(4). hnmaat CO TBX. GOV'T. CODa § • .O2l, • poda&!allilOO boIcl Ja nIq1IIrecI If.,... 0_18 In
.... of .1.DO.-tV sam .......... iovamm1aI eatitiea 8iibJect tD CbapIIr 22S3; I ,.,....1M1id Is
fOIIQIred if I Parabue Order II ill .... of m.ooo." HCDB members that In JO'IIIl'II1II8II11d1tfta lUlI.Ieot to
CIiaptIIr 2253 .. Jl't at DBIIl". OJ' ajohd tJoanl onatec11111der SIbabapw D, CIIIIpIar 22 oftlfe Tex. Traasp.
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pyeIDIIIItIIal", •• to CIIapter 2353 aa4 ani m1llliGipalltlu or ajomt boad ...... una SubchapIer D.
au.pter 2Z oftbe 1'BX. TItAN8P. CQDB.
$.11. TIIa_lUakotLaa .
9IIataoYw lICDB or III Ham member fl purobaslDa (ad DOt leeafq) • PftJduct __ fils Co1draGt, title aml risk or
.. abll pus upoA the llaltofHCDB or .. HCDB J8ODIbot'IIGOI)IIaIIot ofdu: pradQct or payaiIlIt oftbe qppJIcabll
IItvofce;
S.l2. W ....... a,Cudlllau
All PftIcIuat(a) .dfot aW:e(.) proWled b)' tbe Veador undertlils Comraat DSaat be warrante4I to be tee awn clefeata
fo 1iIIdDrIaI, WOftmanUfp. _ floee i'am aach cIdsGIs In desJp ibr. perlod of oa (1) 1tIIl'1IpcIIl tb ... ofHmJrs
or dlo HCD8 JIlIDI1Ier'l uaeptaaoe at the procluct aIIor acryiae or pll,'YJMllt of tho appJielblo iavoIGe. Vaador
WIII1IIt8 .. all praa. atIdfar serv:icea htaJred mulct thfa Co.atrut JfIaII CCIIdbnn II aU NSpeatI to the ... of
. ibis CoatIICt. hioIudbIc III)' ...... speGi&cafIcms. IIIIdIar .... iaemporatItcI ... iDclucJiIs, wIIIIoat
JImItidfea, .... doIaIW in the UP .. ,.... 0rdIr. Ja lddtUoa, Veaclor warratdII that prad1cCt and/or.".
ue ldilabr. ibr ItIId wID pedbra In uaard .. widl1ho P'U'P":tbt.wblah tIaey _ hdIndetL Veador aIIalll88UlilCl all
JiIbIUIfta IIlImnd wJdda .. aaope of IOJIIItq1IIIIId cfamaaes and faofd0lllal8lCJ'ClD8Cl8a III set W m the Vaor or
1ft8IlUAoI'Inr's wltt'la9'. wblda toaaIt fivm either cIeIinry or 1JIe of pmcIuat. wJtIoh _dOt DlteC tit IpICIifloaIIoE
w.iI1du this Coa&raCIt, the lll'P. orPcltoliuD Onter. •
5.13. Criadaal..,....,
... U.e Alta ........... , Omtraeto .. CrifJeaa.: Coatraetor Impltpes ael ~ ,..,...,
CoIattaetor CertUI ...... : Iubeoldna...l'DI'IIlm" be ItIbInftted wUII paeket, ltappJleaftIe.
PrIor to aommeaoJlII lIlY work _or dse Coatnlct ItV_r GOIdracta with HCDE to prcMde serv100s, VIGdDr mUll
c:ertU'y, 0J1 dID ibrm proVIded beNm. that fbto 8IIIIh aCMll'lCl em,. of Vendor who will hw dlreat II01IIaOt wItIa
ltudala. V ....... afttafllld. 88 requilld by TmC. BDUC. CODa SeCttoil22.0834: (a) state CI'ImInalld8Dy i'DCOJd
ln1hmIadoa tom It law eafbrcemeat If 0IiaWJa1 justfcIt II8cta01 or a priWIQ mdity 1bat is • COIIIItIIUI' I8)IOl'tIns IIJIIIq
JOWIl'IlICI by tho PIIr Cndit llepaatlDl AoI (J! V,s,c. Seodon 1681 at saq.) 'fbr GlOb covemI em.p1oJcc of V .....
~ betbIe ll1W1rJ I, ~ and (b) JIIItioJUII orbrdul history record fDfarmatfOD ibr each employee of V ....
emp10Jecl oa or. 18Dll1IIY I, 2OOl:Vaadar maat also obtain aIadJar aertIfIaatioIl8 otaorapllailDo wlth TI!X. BDUC.
CODE, ClIapter 22 ruqulNmlllll 10m 8IJ)' 1Ub00Jdnl0lDrl OIl the· fimn provfcIed Iunio. Covered employees 'Nltb
~ arimfnaI hlstoIv aro pmJdbbed hm .w.a " HCDB or lit HCDB sabool dfatdcl maben' lccadcms;
VODClot aad. liS)' IUbconIraotIIII entity 11181 not permit a coverecllllilployee 11) provide services at • aaJJaol If thl
BxohlsiOll H.2a..12 '.30£12
:RPP# 121051DA
employee has been colWiOlld at a felony or misdemeanor offense that would prtMInt a person from belos omplo~
under TBX. muc. CODE § 22.C8S(a) (Le., Title S ftIlony or III o1fCIose requldng roSlstratlon 88 .. SO¥. oftader ami
vrctlm WIll under 1 a )'011'8' of lIP or WIll euroUod ID a pabUo school. 1I1e timet !Ito offeue ooaurred), 'l'be orJmjpaJ
history record IDt.brmatIon review obllptloa applles only ifVcador conCraofa with HCDB to pro\lide smlcos: 11 does
Jlot apply 10 a contraGt fur the purchaaa of goods, products or real estate.
5.14. Cu.tumerSupport
Vendor shall PJOvide 1f2I1oJy 8IId aaaurato teoInIIoal advloo and sales auppon to HCDBlCPC at~ and HCDB
memben. Vondor shall respoad to requests 1br CRtSIomer IIIIppOJt within one (1) INS_a day after J'IlCIDipt of tile
request. Vendor shan provide traming k> HCDBICPC staff "nd/or Hen! member& rogarcUng pmduct8 and/or aorv1oes
supplied by Vendor, at DO IIddltlonal charge, Jfrequested by HCDBlCPC or lID 8CDB member.
5.15. HCDI: lad/or BCDB Memben· Property
111 th, event oIloas, cIamap, or daiauedon olin)' property ownod by at loaaed by HCDB or III BCDB mombor that Ii
caaae4 by Veadar or Vonder's reprasll11atlw, q,eut, employee. or oonfmotor, Vea.ckJr shaIlllldllamlfy HCDB or the
HCDB membillf and pay to RCDB or tho HCOE member tho 1Wl value of or the falO cost of repair or replacomem of
,uob property, 'Wblohevar iB sreater. within tbjri1·(30) c1ay8 of Vendor'. reae[pt otwrittlm aoCieo ofHCDE'a or the
HCDB maher's determinldob of the amount due. JfVendor fIiIa to make timol)' pa)'IIWIt, HCDB or 6e HCDB
mamber may obCala 8UGh IIIDI1O)' itom Vcmdor 11)' -1 JMI1lI pcrmfU.ed by law, blcludiq, witho1lt IimliatIoD, omet or
concteraJalm .... an)' motley otberwiso due to Velldcr by Ham t>r the HCDB momber.
5.16. Tax BD .. ptSiatlll .
BCDB amd aU HCDB members tbat are Tuu gownuneataIltJItities or apnow are eampt ftom. paymeat of Taxas
Stale SaJoa Tma \llldtrTBXAS TAXCODBf 151.310 for CbD purchueoftqible ,1III'IOmII preporty. Lawsof'odIIr
states pam the tax status o(HCDB memhera In .. odw tba Texas. Voucfor repreaents and WIl'tIIIItI dIat it sbaII
pay all talala or simJIar amounts .ftIIS1JItlDg from ibis Coatmat, IftclwliDg, wkhwt JImftaC1on, 8Jl)' Weraf. ... or local mcomo, sales or ucise taxes ofVeudor or bs empJoyeea. HCDBICPC IIld HCDB members shall not flo Hable tar lIlY
taxes resulting &om thl. CoJdncf;. rlXcept wIlcro other.wfse ftlquiled by Jaw.
5.17. oa.e.r_CeTu~
5.17.1. Pgmant of_es by HCDB Membprs Ou!aldp 9fTgw -HCDB members oufalde ofToxas wm pay ollly
1fte rate IDdIcr ImOUJIt of taxBa lUudfied II Vencfol"s proposal submiUetlln reIpOIIlCS tD tho RPP as
appmprlaae to the epeeifto BCDB member.
5.11:1.. -ap4 Lpqal Trap.,,. Prb'floe1)pcg -The HCD.E member Is nbjcct to aU appliesbJe atato 8IId Jooal
transaclioll prlviloP ta1iU. TnmnCClob prlvilcao """ apply to tbe 88lea of products .... sro tho solo
l'IIIIPOuJbtUty of Veador, 18 the lelIm, to mmIt. Faihuo to remit taxea tom HCDEICPC adlor tho HCDB
nmnber, u tho ba:yar, do. IIOt relievo Vendor, u the seOer, tom its obligation to remit taxes.
5.18. SQteofT_FrucldaeTax
By submiUlng a proposal in lIS!IODSe to 1I1e RFP, Vader cerilfles dlat Vendor fa not ClU1TIXIt1J delinquent ill Vendor·!
paymOllt orany ft'aacbise tuo8 or other taxrIs owed to the StIItO ofTexu.
5.19. Tn ReapoulbUWea elVoador aad IndemllUleactoo ForTnes
Vetldor II hIIpomdble &lr complying with the 1ax Jaws ot Dtes and die flderal lIoverDJJ1e111. Vendor and alI
subClOD1raCCOr(s) ofVeadoI s1IaU pay aD federal. sta~ Iftd logal taxes applicable to Vcmdor'8 oporatioD, uy purBOtd
employed by Vendor, IIDII aU sullcontraotora otVendor. Vendor shaD 1Cquuo aJ1811bccmtraotors to hold HCDB IIIId the
HCDB lDCIIIIIIer barml .. from any respoaafblUty for taxes. damages, and IrII1RIt.lfapplJcable, oo.a.tribudons RCIuJrec1
\1Dder fedora!. atatr:. and/or local laws 8IId regulations and any other costa, fbClud1ng, but JlQt Umltocl to, ~on
privilege tqxes, uaetnploymcnt comPODIatiOli msUltR1Ge. Soohd Seourlty, aDd Worker's CompaaaatlOD, sbal1 be tho
801e roapcmaIbml;)' orVeDdor.
BxoluslonU-28-12 Pago4ofl2
ltPP" 111OS1DA
5,20. IRS W..,
To racoM pa)'lltent undlr thls Ccm&r-. Vendor _111tavo a CIlrrrmt I.R.S. W -9 'ann OIl me with the HCDB member.
5.21. Alllplldllt .ICoIdrICIt
VlIlcior IlIIf not usIaa tbla Coatraat or an, of lis rfa:hta. clutlos or oltBpUou henmnd .. wIthDut the prior wdtteft
approval of HCDS. Arq Idhmpttd ~ of1hl. CoDIract by VIDdor sid be null and wkl. Arq ParoIMIae
Onlor made II A feIUIt of 1l1li eo._ may not bo trans ... aasf,ped. luboaalraC&td. mortaaPd. pltcIpd. Gf
adaerwflo diapoll4 of or tIOIn2bered III ID1 WI'/ by VIIHlor w1thaut the prior writta apJRO'V8l of KCOB and, if
IppIIIII&ID, tbD HmB l1limbII'.
5.22. NotIfteIIn etMatolla1 cr... .
VlIKIor II lOqulred Co ~ HCDBICPC when IIIlJ material .. hi opetllllons DCC1lII, inoIAcHDa oha'aps 111
dllftIbadIon IfPta fix ...... ~ bukruptoy, material eI&qos in fIIIanoIaL ocmc1idGa. ... of owaenhip,
1IIId1ll8 Jib. fIItbiD tine (3) bus ... days of_ oIwlp.
S.23. r .. .......
V..r. ... Co aao commmUl1y n8BOlllb1e belt eflbrta 10 prayide .. pnJclDIIt(a) aadlor lC¥iae(s) II.if8eot 10 1ht,s
CaIdraGt. VIIIdor abaIIlmdI1a aU aupG'¥iaioa. Ja&ar. -. "uipDumt. perna[ts. n-. ~ bIIatIDae.
1IIItIfIII •• aupplJea"lOIIIII)' tit oomplaIIIay IDOpO ofwoat, Purahae Order UI1der this 0:mIaI<. VIIICIor aJaalI 1\ID
IIldIlcd, traibUd peIIOIIbJ. ,., &hall be sapmiaed by Velldor. .
5.24 .............
JfV ...... ~ ba the peri1nlllllae ofl1l)' part of ChIs CotUra.ott Vee.dar aha1I be tblJy teIpOIIIibIo let
IICDB ad HCDB mamIIcn"tbl' aD_ ... OJDIaaIons althe IIIbooaIruIors. NotIdq it tWa· CoIdract IIIa1J adO ...
the heneIt of.., saah ~ 1111 00IIfA0bad relatkmabfp bctWCIIJl HCDB ... IIIlJ .. auIIca1tl8cfIor. nor
.. I It ..... 1111 obHptloa aa the part alBCDB orRCDB __ Co ,.orto .. ., the..,meat of., ....
clut lIlY _ eaIMIoatIIIalor eaoepC • may adloan. be required by law. Vcador repr __ " WII'J'IDfa tbat It Is
wIlHq. abJe.1IUI 0IpIbIe ofobfaiDlu&. aapervlsiar. and ..... reapcms1ble tbr 8fI'J ~ who pedbnn IUIdIOf
pnrvIde procIIIoIa aact .... related to dda ~ .
. US. NOJ'-AppropriIdleJa
..... of tilts CaaIIaat, Irq. wiD be In aoaordaaao willi. T.BX. LOCAL OOV'T. CODB § 27U03 aoaoemIDg DOl-
I(IPlOpdaIIoft of tmda tbr nwltl-J8llf' 0IIDttaetS. N~ artY other psvvIaIoIa of dds COIdraOt or oblfptloD
imposed ott HmB or aoy HCDB member hy dIjs Cont:raat, Ba>B ucl BCD8 JDeIIIhea ahatl 1Iave. riMM to
.... hudI Ids Coabut, 8IJ¥ SaJplomonlal Oudraot, or ,..... Older wiOImIt 4cfImJt or liabIIr;,y to Voador 1II8UItiDg
*om IUCIb tormfnadcm. tft.IcIhD II of .. "9kdoa of .. bad_ period ofBCDB or ..., IiCDB ..... nit is
detesml11ecl by HCDJ! OT lUI)' HCDIIIlCIDIIer, at 1I1tir sole discredoD, 1bat bnt ." kttuf.ftDIat JUda to DXIend this
CaRtnu:t, IIIJ Supplemental CaatrIaI:, Illy PurolIaae Orcler. '!be patties .... tUt dlJs CoDIruI, IIIl1 S1IppI.emwdaJ
CGcdrIc:t, aadIor any Purvhflll 0IdIr are CCJIIJItitm8ara oftbe.aammt memae ofB'llJE aad BCDB JIWJDIbon.onJy.
S.26. Orderllll~·
Parcrhaa 0zcItn are ... by BCJ)E ancIIor HCDB memIteIa to tho VeDCIor aooonlIIa .flo dda CcIltnIct and lIllY
Supplemutal Coanot botwaea BCDB 8Nl dle BalE 1Del'AIIet. BCDB members IIIUIt sad Purobaae Orders 110 CPC.
uaIOBI otherwIIe atlpa1aIed II, HCDB/CPC. BCDBICPC may rel(Ue8l onaflnnatoa of recoJpt ott&o PamJaaso Order
itomV...... .
HCDEICPC alIo" eliot to requite HOIIUIIGl'CCI blottonaUty. ill wIdob PIII'ObaI Onlars are sent dircatlylo VODdor
and roporIiIId. by Ihe BCDB IIIIIl\ber to IICDBlCPC on a apcoifted bull.. 'I1Io NOIIIDIII'Ot approach 1DU8t be IPPJO'Y'Cl
..,. HCImICPC priorllo tho atilt'" oflllJ Term dfthe~.
5:1.7. 1IlYo1cu, ,.,........
5.27.1. Vador shaI1 aabmlt .IIlvoioea, III dupllaatc, dircody to HCDB or the HCJlli member at tile apJDOJIriatc
1ocatkm(.) apedecl by HCDB or Ihe HmE membet. Baab iD~lco ahaU lDoJucIe HCDB's or Ute HCDB
momber', ParoIuIsc 0nJer numbar and CPC Con1raat NuadJer. AU Invoices sball be ibIm_ to Iholudc the
~ of product(.) "'01' servfGe(s) rendered. Vendor shall submit IDvol_ witJdIi a timely I1IIIIIIIl' dmlng
PageS of 12
RFP# 1210SlDA
HCDB·s or the BOOB m~ber'a ftsCIaI YBII' In which tho producl(e) and/or serviae(a) are purcbaseci. The
shipment tno1dn& number or portment Informatioll tOr wrifloalioll of HCDB'. 01 the HCDB member's
rdacipt sball b. made available upon request by RCDB or tho HCDE I.1tC!I1ber.
S:.l7.2. HCDE or tho HCDB DlCImber will mab pa)IDlanfa dlreotJy to VeRder. HCDB or Che HCDE member plaoInJ
the Purabase Otdlll' wIdt Vonder shall aloao bo liable 1IIld/Ol responslblo in' payment fbr pracluot(s) and/or
smiee(s) ordered andldllst be fDw.iceddkectly by Vendor. Nehhor HCDB tIOJ~ HCDB mlDlbo1'llhall be
liable ibrtho ~btodn_ otany one HCDB membar.
S.27.3. TBX. OOV"T. CODE § 225l.O21 shall govern when paymeDB lin! due 10 tho-Vador. Paymeot.s.1IfC due fD
Veador by BCDE ani! 8IlY·HCJ)B member whoao SO~ poc1y meets only 0lI4O a month or lou
hqlleDtl)', wltIIbl toriJ ...... (45) cIa)'l .. tho later of tho foDOWIDs: (1) tho date HCDBlQJC or tho
HCDB member raoeiveJ die produGta * 811'Y1ae8 UDder tho Contract; (2) th& ... the pedbmwlIiO of tho
seMoe 1UI.der Cho· COJdraat is ClOJJIpieted; or (3) the dale HCDPICPC or the IiCDB membor noeIYeI III
bwolOCI tor the ptoclucts or ..vice. Par HCDB membara whoao 8Ovarn11t8 b0410s meet maro 1ban ClIlCO •
II10Iltb or mm'O ofton. paymeata are duo by IIIMD HCDB momblll'll wlldD tJatrt;y (30) cia,. after the later of
Ike ibllowlng: (I) the _ dee BCD! lIlombor receives product(s) 1mIler tbe Ccrl1nct; (2) the date tho
perfol1l1l11QH)f1ltB Bm'YIce uncler tho ConUaot Is compJatocl; or (3)1110 elate the HCOE momber meiVOll aD
invoice 1br producI(a) or IIIIMce(a). Vendor 1ISr'. m PIlY Ul.Y IIIb.contrac1o,s the w" JIIate of tho
PI1Dleat recelvod tom HCDE or tho HCDB member !lOt Jaler tho tho _til (1_). da,. lifter the dUe the
Veadorrooeivel the PJlDIIDt &om HeDE or tho HCDB mcmbor.
~ exaoptIaaa to paymealll made by HCDE, .. HCDB nJOIllber. and/or Vendor listed in T.BX. OOV'T.
COl)B § 2251.0021ba1l IIIIPIy to tbfa Coatmct.
S.21. Keportbi,
TIte Veador Ihi1l provido HmE/a'C with a daIaJIed JDQIIIbIx report showlDg the total dollar wIwne of all sales
'WSCIettbis CoattaoUbrtho pnnoious mOl1fh in MicrolOft Bxael format. in Ihe format 8IId with the infilrmation 1JHl9wad
by HCDBlCPC.lleIpOrfl lIfO duo on iIIo tlfteeafl (15) clay of th 1IHIIIth. after tM close of the previc1l8 month aud
IhaU proWIe IDfClllDltlon rosardJDI Purchaao Ordara durI:Dg the preWJus DIOI1Cha. VIDdar I. respor18ible for coJloodDg
II!ld conlpUfng .u ... under 'tbiI Contraot tom all HCDa membeta ancllubmlUing G •• (1) ccmsoli4iDd IJIImIhly
l'CIport. The 1IIOIUh!y lePOl1: afudJ ~ at a miabnum, the dato of each Purdlase Ontcrr, Parclhaso Order 1UIIIIber.
HCDS _bar na-, oltyltoWB Purohaae 0nIer total dDllar amGWIt, and porcont complete. Reports .. I tie submitted
In III e1eo&roaio tb.nnat to CPC at 6005 Wes&viow, Houston, TexIs 77055, or oleGCroalaally III8IIed to
}nIt:hoJaOhGdHe1cu.org
5.29. .ric", CbaopI
AJl priGea _ discount perotfttlgtllln Vendor's prCIJIOIal shall bo firm for tbe'Tenn oftbis Cort1ract. PriciDs may be
negotiated durina tho Contract renftI8l period. Vertdor agroca to promptly 10" tho proportiocato prica of aD)'
product purohased 1hIough this Contract 1bllowfng a reduadon In tho prfoo lb.o VOIIdor Is paylas nppIlers. AD prid1l8
nbmllaKl m HCDB ID VoDelor'. propoaal 8haU laoIudc the admln3stntJve fee to be remiUed to HCOPJCPC by
VeDdor. It g Vendor', respomfbfllty to bop aU pricing up..fo..dato and on Dlo with HCDPlCPC. An prico _ps
shall be ~ 10 HCOBfCPC ibr accepta11ae or rojeo!lon by HCDBlCPC, In itA solo disoretioh. using tile same
format as was aoolll*d In Vendor's original pIOpOIIal; all price cI.tanges for products aadfor somcea pnMcled under
tlda CoatrBc:t mUll be approved, In writing, by HCDBlCPC priorlXl taking eft'ect.
'1110 lolIowIrJs cIooamentIItiO.l1 UWl bo P'OVlded to support • request ~r a price _p:
• jusUfioation fbr ahaqeIJIlOI'I880
• tenDs and conditiooa
• .market conditions
.. llWIufaottnra'/dimbutore t lmJItICt, ifaoy
AU priDe _reuea shall be allowed for all prodvW andlor services.
BxolQ8lon 11-28-12 Pase6of12
RFP# 1210SlDA
5.30. ere:; Acbabdltl'8tlve 'eo
HCDBICPC will mV«HCCI Veudor, on a moudlly baals, tbrtho CPC AdmIDislratlvoPec aalwlmd as foDows:
Amwal sales UatDg Cooperadvo CoDtract
$OoSl150,o00.000
$250,000.001. $500,000,000
$500,000,001 • $7SO,OOO,OOO
$750,000,001 • $1.000.000,000
$1,000, 000, 0001 t
Admfalatrat[ve Pee
2.0%
US"
I.SO%
1.25%
1.00%
The hntoioo wlll bo baaed on tofalll81ol DIldo through t~ OOJdl'aCt. Vendor shallmnit paymeat of1he CPC Pee made Pft1Ible to Hama·County DepIll'tlt1entOfBducatiOllIlO latertbaa thirty (30) _ iillowlng roco!ptoftbe Jnvolca.
Jraj)uro to pay the CPC Pee In a tlmoJy maaner 1M)' resUlt In Vendor hRacldag tho oontract and may reault ia
HQ>BICPC 8DlPt1ldms or 1e1'mIDatIng the oontraat. VOIIdor shall bcmor and pay HmB tho CPC Fee for any sales
NSUldq tom tilt camnot that ocour.red within tIdtty (30) .,. of the expIJatioa or 1OlJIIJDatlon o(the CDIItract.
5.31. Ileeardl~
Veador strau ~ kI records and aaaouata ID a lIIIIIDertbat shall asswe a MlIlGC01lDdug h aD prcdad(a) audio,
aerv1ce(s) provided by the Veudor In HCDlUCPC .. cf/or BCDE IIlJIIIbeIs UDder tIds CoIIract. Thaao NGOtda and
IICiIIm1Ilt8 Bhall be raWnocl by V~ aDd made awilablo tbr I8Viow by BCDBICPC aad HCDE JD8IIIbers tbr a padod
of BIll ....... tJuoae (3) 1IIU'I &om tho date of oomptetloa of tho IIIJVIoe(s). receipt of product(s}, the dato of the
ftICIOipt bJ H'CD8 or the BeDB mem~ of VOIIdm's final _Ice-or olalm tbr payII\_ In. colUlODtioo wi1h dUB
eon_Of, or tbo dato HCD'.B or tho HCDB Dlombet makn flnaJ pa)lmlJ1ts and .. psdiDa matters In COJIIIICaIicm
with a tecleral sr_ wlicbewr fa later. f1' an lUCile or a aompliaoc:e ..mow haw been IDJlOUiIQed, tile Vendor shaD
retaIIl its n:ootds and accoUDt:s WltIIauch lWditor compliance JeYlew bill been 00JIIPl0Ied.
5.32. IUpttu ReYIew,AIIIIIt •• dlNpeet
HCDfICPC. HCDB membera. ~ f'ed«al1PJlGY that bu.awarded rectaral tiUlda/8I'a1lt(s) to HCDB or III HCDB
mamber, aacI tho Comptroller Geaera1 altho UBI*' S1a1os, IDdIor lIlY ottholr auabodad rcprClCliltatiYOl, shall. upon
wrl1t$l 11Otl"" have the rigbt to audit and oxUtllItO all of Vandor's racordB and aacoWIU roIatiDg to thfs Contract IIIld
iaapact aray projtcIC perJbrmed by tho Vaador roIadng 10 thJa Contract. llaaorcts aubJeat to auditlroviow SJWllaoludo,
but are DOt IImlUd to, an Purohue Orders ruuldba itom this Coltl:ract and n:cords 'Which may haw a beariIIB .on
IIUdters of hderest liD HC.OE andIor HCDB membll'(s) fn comeoticll with tho Vendor's woak for BeDB anellot HCDB
Members. aad sheU be open to inspection anel subject to awlitlmiow alld/or reprodVGtiola by HCDBICPC. HalE
IIJDmbw. arrdlor the" aIJ1borlzed repNS8lliative(s) 10 the oxtem. necessary In adequately permit IWlIIuadon and
verftbdOlt of:
5.32.1. Vendor'. ccmp1lance wJ1b this Cootraot and the rcqulrem_ of the BPP.
5.32..1. Compliulce with J)JOCUreftlebt Jaws, policies, SlId proaeduret, iJloIudhl& without llmitation,
~oomparing priofng oa inwlaes and tho approJIriato RS MoldS unit pd~ book for lOC work
perfomled fix' HCDB and/or HCDB II1e.IIlM.
S.32.3. ColllpJiau.co whit pnMslons tor compu&lng billings to HCDBlCPC andIorto BCDB members.
5.32.4. A., other matter reIatad 10 1his Coatract.
5.33. IademDl .... tioD
VENDOR SHALL INDEMNIFY AWl HOlD HARMLHSS I:ICDB AND EACH Ham MF.MBBR.lNCLUDlNG
HC!lR'S AND RCPE MBMBERS' TRUSTEBs. OFlICBRS. ADMINISTRATORS. BMPWnms. AND
AGBN1S. FR.OM All CLAIMS, L1ABlLITlES. a>sIS. SUITS QP LAW 00. IN BOurry. EXPBNSBS·
MtONAULE AnOR.lIIBYS· Pm. FINES. PENALTIES OR DAMAGES TO TBE mITBNT ARISING FROM
TIm NBOUOENT OR .lNTBNIIONAL AcrS OR OMISSIONS OF VP,MJOR. YBNPOR'S BMPLOYEES.
ASlB.NTB. OR SlJBCONIMCIORS. IN CONNBCDON won lHIS CONTRACT. INCLUDING wrmOlIT
Exclusion 11-28·12 Pagc7ofl2
RFP #I 12/05 IDA
Wr:UIADON. THOSB ARISING lItOM CLAIt\tBI> INfRINGBMBNl' OF ANY PADNTS. IBADBMABKS.
CQ'PYBIQHT PI OTHBB. CORRBIEPNDJNQ lUQH'I'fJll BY YBNOOR NCR lS .·t\TEP TO ANY ITBM
VlNIX)& IS potJlRP.D m DBLMlR. YBNDQR·S OOLIOAmNS UNDBIl nus CLAUSE SIWJ.
SUIMVB ACCSPTANCB AND PA'YMBNTBYBCPB OR THBHmRMBMBBR.
5.34. Gover.g LRW ad ExdIIJIVl Vaae
The laws altha StatI of TaxaI. without roprd to ita praviSioDli on COIlfIicts of. JOYOm this ConIract. Aoy d\sp1lfe
lIIlder tllts Conttaot fIwoMllg HalE mut be brought exelualvoly ID the .. aaa federal covrfs located jn Bolllltou,
Harris Comdy, Texu. lind 'dle pard., hInby submit to tho axolusivo jarlsdiaUon of said c:ourts. Arty dispute DOt
IavoMq HCDE bat bwolvtq III HCDE .. bel' 8IId Vadck aball be gowmec1 by tbe Jawa ottn state ofthc HCDE
1IUImbel', without Nserd f:G ... provJsfoas OD contllots allaws. and exclaaiw Jurisdiction and venue .sbBU He in the cIty~
(l()UDty, II1d stam oftbo HmE member.
5.35. MaltJploContnolAWINst NOIl-ExduaMty
BCD! rtaerve/I the .rJsht to award lIlaltfple oontraot& undor tho UP, IncludJng multiplo coldlaOts· for each
pIOCluctfservicle oaIIegoly. ~ioo cateaorlo& aR oa1abUabed at tho 8011 d1aoretton of HCDBICPC. NotbioS ill
tbfa CaIltract may be GOII8tnIoIt to imply that Vemlor ba the aoluaive rIshlm.provide prodlots adler terviGes to
HCDI and/or HCDB mombart. Durlq the Term oftblJ Contra«, HCDB IUId HCDB members RtIOlW tho rfsbt to use
all awflUle I'IIO'UI'CtIfD pJOOIn other pmduats 8IIdIor sorvi_ II _ocJ ancl tolD,., will DOt violl. IDY rishfs of
VeDdor. M~ II_all nwldpto CDIStnIQIa ..., be awarQcl uader1he RPP. 110 HCDB member ilia)' compete
Delivery 0rdIn with other HamICPC V .....
5.36 New ProductI
New prothIots that meet the lJ*lftoadons ·detailed in the BPP may bo added to 1bis CofttIaCI, wftll prior wrJua
approval ~ HCOBlCPC. Prtclaa of my IID\V pfCch111t1i shall be cqutveleat to tho percllll1BP dllfClO1IDt or propOI8d
ptIcu tbr odIor aimDar ~ VODdbr may replaoe or add pmdlUllS to tho coutteet if the ...... proclacts In!
equal to or superior to tU orlgiDal p:odItots otYared or dlaeouJ1fcd in a slliIilar depec or 10 a greater cIegrcct ad lho
pR\ducdll m.et the nqulremenls of the RFP. No produc1s _ bo :added to avoid competltlvo ptCcutemellt procedures.
HCDEICPC may reject· any proposed fIC1dltloaSr without oaulle, in itl BOle diaeraCioa.
5.37. No SabidtuClon
Any Parchaao Qnlae Isaued pursUant to this ~ shall CODfbrm to 1he sp=ifica11cms 8DCI cIescripticms Iclcadfiad In
ida Contract and tho RPli. Vendor shall not cteJiver subitftuhIa wlthout prior wrlllen m1hariralloll fioom HCDB or die
HCDB member.
5.31 PeaaIties .
If the Vendor is lIaabLs to JIlOVl4D the pmduct(a) or aervicellt the prlau quoted III Veftdor'l proposal or If Vendor
fldls to idfiJ1 or abide by the tetma and ocmdJlicms of tho CoDtnot, the llPP, or. SVpplomaldal CoJItract, HCDB ot1l1o
HCDB IIlODIbcc: may UIb tho IJIIowiDg aotioll(s), iD tbe80lc dJscrt1lo11 ofHCDB or the HCDB mem&er. aud Vendor
8greeI to comply with the ohosen aotiClJl(a):
5.31.1 In&Iat that tho Vondor honor the quotI,ld prlcc(s) spoct&oclill Voadotls proposal or the SupplBmtDJal Co!draet,
U IIIPlfcable:
5.38.2 Have tho Vendor pay 1he d,[tfeMge between thll Vendor'. price arid the prigc of 1ho D8Xf aaoop(ablo
propo., as cfefennkled by HCDB or the BCDB member; .
5.3&.3 Have1lle VOIIdor Pilf tho dl$rcin06 betweea Vendor's prico and tho lKltIial'purcbase prieo of tho prodld or
lIInIiao 011 tile open matket; and/or
5.3&.4 ReoOlJUNl11d 10 BOlE Board of'l'nlalBes 1hat the Vet!dor no longer be given the opportUnity to submit 8
propcNI81 to HCDE andIorthat dl{s Ccmttact be ~.
5.39. ProRlOtIaa otCrmtractMarbtblg PIa
The markelbtg DrVenda!"s company, product, acdIor set •• shaD be tile 80le rcapoflsibility of Va or. HCDElCPC
may only supply Vendor wftIl HCDS memoers' contact lists that ooataiat name, address, plume tnnnb*" mdlor cnnail
addroeses. Other Itema geared lOwanl tile jo!Dt-m1Ubtins of CPC and V=dor's company. prodQCt, and/or sorvices
Ihall be at HCDBfCPCs sula diSGretlon. Bncoutaglng aODB members to ~t this Contract by purchutng
dfnctly 1iam Vendor may result In suspcmsion or termillation orchis ContraQt. For so long as tllis CoDtrut is valid and
Exclusion 11-28·12 hgll B of 12
RFP" 12fOSlDA
enforceable ~ tho puQe&6 Vmdor aarees to dl.play the CPC seal in its l1lItketln, aollatllral materials. such u
Voaclor'8 W6bslto aDd rei ... tR8t'ketiag matwIatt. Vondor shall rabmit all pmma1kma1 materialt to HCDPJCPC aliA
01I1l1tn wrluen apptOVaI botwo V.dot fiDaltr;es or pubDshea premodonaJ maQJrJalllearlD, cht HmBlCPC 01' CPC
name or seal, Vendor may not release any proo release or other pubJfcatfon reprdfns this Contract or HCDF.ICPC
unlonllDd undJ HCDB(CPC first appr:oves tho .press reI_ or publication ill wrJtiag.
5.40, WeblftduPpol't
Veador qroos to cooperatt wltb HCDWCPC 1ft pubUoJrq ooldruot pardoulara OJI the CPC webel .. Veador also
.. to work with HGDBlCPC iii upda6Dr ami mafntalnma ourrent fdm1tatfon em VOIldor aatMtIos roJaftId to tho
Cca1ItGt oa tilt OPC website. V_or .. to pmvlde an elom)nlo version of Ita loao fbr lllie on 1110 OPe website
upon request _ lftUYidl othir intomudioD as NllSDlably req1ll!ated by HCDBICPC to help onlAUO that tho CPC
webal~ is aammt and COJlafafalti3' updated.
5.41. SafetJ
Vendor. 115 IlIbaoalraolor(s), and theJr raapegdve employeoa abafl comply ftID.y with all appUoabIe ftxIeRd, .. and
loGaIlIIiKy and·beabh lawa, ordbIaaceB, raJos, and ~& in the ~ of smicea under thIa Cont.raot,
Iru:tu.I .... wit1Iout lImnatimt. ihoIe pmrwlpkld by HCDBfCPC, HCDB 1IlORIbm. aSId bt the 000u,pat.i0JIal Sa&ty
-HeaI1h MmbdItrdon ("OIHA"). In cue of C01I1Uot, iJIe moat IIIl'iIIpDt MIN reqaIremenIa ahalt @IMII'Il. VOlldor
sbaU c:oa1pJy with aU -'1I8fety ~ and saaadatdt u reqninx1 by HCDPJCPC or l"Ia$l8IIf.Ilbera. VODdor
shall IndetzmJt and hold Ham and/or 11Ia Hem lUmber batmIeas _ IUIII apinst an ctaSma. demaads, salta,
aotfolll, juclsmsata. fillCla paudtiea. and rudJUity of overy tmd adslna ftom UIe breaoh o!Vondor'. obliptiCftB lIIldar
. 1hia provisiOn.
5.42. Wll'lrIoree
YODdcr sIlaII employ 0bI7 orderly IIId ~ WOl'frcN. sIdIJed in tho peI:ftlimanae ofllle serviaca, WIllY. which
shill \IS per:fbnud u.ador this Coidrac:t. VSIIdor, its employaca. ~ and subCOl1iraOlDr't ompJoyeos ....."
GOt U80 .. poue88 88)' t1naima, atoohoJic or ether bttoJIQatfn, beverIIpI, WapI drup or 00DJr0IIad sabeta".,. while
011 bJob or en HCDB IIlCl BOOB fIUIIDbaos» property. nor may IIIOh WOJtca be Itdoldaatlld or __ the iDfI1Iaaao of
aloohol or .. OA HCIlBaad RCDB muabera' praperty.
S,43. ~ICOJdrlld/l
An HCDB member .. Vaador may cnlcr into a Ieparat\\ Supplemental ~ Any Supplemental Cacdtact
-1O.Ped .. a muJt oftltla Ccm.traat IIIdIorthe RPP fa CDIIIl:taiwIy blC'NeeD tIa l!CDB mGDlber" Vcmdor and abaJJ
. have 1\0 o~ or Impact Oft HCDB, 111'/ odur HCDB JJHIIIIbcr, or this Ccmtraot. Any SqppIemen1al ConImct 1IeCweea
Vendor mel an HC:D.B member Is GXOlIISiwiy between that apeoJfio HODB member and Veudor and wlft be n'bjeat to
immediate caacGllatloD by the HCDB member (without peDdty 1b the HCDB member) It in tho opfnion orb HmB
modu, tbo q~. aervtct. and .peoHklltlon requirmnentB. m4ior tho terms and collditifJ12S 8fO not maiDtaiaal as
stated 10 tho Supp1aJ:nen1al Contraot.
5.44. lJInranee
Vander jp requirecl to provldo HCDBfc:PC mdlor the BCD! momber wi1h oopies of oerdfIeatea of iI2sunmco, namJna.
HCDElCPC udIor 1&0 BCDB aJeIIIbor IS addJt!onallDsureds tbr Teras Workers Compensation aIId Qeneral Lflbllity
IJIalll'811CD, b\lt only fo tho ateftt Indemntiled purauaat to ihIs Apmottt aad in relation to 1110 seMcos petibrmad by
die Vendor 111II8WIdor. wlthIa 14 buhlus da;rs or CODtraet tnt.reI lad prior to .t CQIIUDeneemen& (If aay work
ullder t1dI Contract. Certlftcates otInsutance, name aad addrBsa ofVCDdor, the Iimlts ofliablJity, tho ef&atlvo dates
of eaeb polloi. and poJloy number shall bel deUvenwi to HCDBICPC ancIIor the HeDB member prior In
C01SIlJ1tnoemem of aay WQrk vader ~ Coattaot. Tho inallftll)Ce CORlj)all)' lnaurIDs Voador shall be UCCDSCId ift the
State Qf TexIS or the atatDin whmh the HCDB member fa located, and shall he acoeptable 10 HCDEICPC IIlcflor tile
HCDB DlltlBber. Vew shall awe HCDBICPC or 1110 ~ member I mJnlmum of tea (ll) .,.' notlco pdor to
any JnOClIficatiOll8 or oancollation of said pallclea of iD~ Vadar shan rcqulrt all suboontraotors performing.,
work under or relating tel thbI Contraot to maintain coverage u speoJfted below. Vendor tbII, III aU limes duriDg the
'him ottbfa CoJdnl.ot. maiatain IDauranc6 covorap. not 1I11III than tho typo IIId teqQlremeats shown below. n°tb"
HCDB member has hJper Insuranae requiremaats than tbDae listed below,.1lOh may be addod to the PuroIIao Otder.
Such Jna\1l'aIlCe Is ID be provldeclllt the sole coat of the Vendor. 11loae requlremerd& do not establfsh limits of Vendor's
liabDlt)'.
Exclusion 11·28·12 Pap 9 of 12
RFP # 12lOS1DA
All polloieaof ID$lraace thaU waive all r/ah18 of subrogation ~inst HCDE, HCDE members, and HCDB and HCIm
tnembora' oftiDen, ompJO)'CUI and apts, ("lJldolMlfied PartIes'') elroqIt to the axtont any claim, less or damqe is
dIreotIy causad by the Iadeomifiecl pardee. .
HCDB .. tho HCDB memw, •• reqUOSkld, alWl be DIIIJIod as III "Dddltkmal JnsoNdIl Ott in8U1'8J1CO po1lclos. however,
auc:h inoJualcD sa .. additlonltl imured shall bo limited to the extent suob pertics ale IbdemJdfied pursqurt to fbc
Ap8IIIUIiIIt eotetod IDto II1Id reJated 10 services per1brmed by Vendor air suoh Apamem.
IiCDB and the BCD&member re&CIt\'b 1be rlsht to rcqulro addltlonal hIaunmoo should BCDE Of tho HCDB momher deem
IIddItlonallDsuraaGo ~, bI their sole cIfscntIon.
• Warbra eoq,ensatlon (wfth waivetofsubroption to HCDB aael the BCDB member) Bmp~.
iI1clucfiDS III stat., U.s. Lcmphoromau, Hmbor WOJkeza and other endorsemerIts.
Liability.
., Statutory. and BedIly IqJury by ~ $100.000 each ~ Bodily lqfury by OJ_: SSOO,OOO, poJjcy
1fIIlIt Sl00.000 eaoh emplo,..
• Commercial GeuraI Uabtlfcy ~ Porm hWudiar. but not limited to. Premfsea 8Dd Operdioaf, PIoduCI8
Lfab_ Broed PorD\ Prapcr.ty o.a., CoIItraImIl IJabiltIiY, PerImMIl and AdverdsJDs lJdury lJabUlty IlIld ..-
the taepOIIIre arm. coverqc 1br WIdaIctd, bIastlus co1Iapae. ad oxplosloDl. blowout, cralIdnt &ad ~
damap. S3OO.OOO eaah 0IIIIJmIIID0 Limit Bodily Iujur,y and ~ DaInage combfaed. S3GO,OOO I'JoduIlb.
Compllted Ope¥ona Apgate Limit $500.000 )let .Job Agngato. $300,000 PcrImtaI .. AdvmIaIng IJdury
LImJt.
• AammobIle JJaldlhy Co'YeraIe: 1300.000 Comblalld LiabUIty Lilaits Bodily lDJauy IUd ~ Dam&&e C'.oaII:riIIcd.
M.5. hr1fdpatloD ill CPC
V_CIt .mcaoWllldgillllaml agrees that coll1lnqed pardc!pation in the <!PC cooperative purohasIns pqram Is subjcot to
HCDWCPC. solo dlIGrotIoD and that VODdor may bo 1'OIIlOved hill the CPC prosram at IIIIJ tImo, WIth « wi1hollt
aause. in HCDBICPC's sole dlscretlOD. All work resu1tiag ftom this ColdraOtmust oeue imIJledlately dar eom:phmcm
aflllo final acccrptcd Pmabase Order. NgthlDg in tbis Om'tract or in lIllY other commlUliciaCiou betW8eIl HCDFJQlC
ad Vmdot may be IlDdIttuod as a goaraJlfeo that HCDPlCPC or HCDB members wUl·submlt art'! Purohuo Order to
VOIder at 1lIIY 1Imo.
S.46. No~ or Emlo.-ts
It is tile hdeatf:oIl aftlo parties Co thla CoJdraOt that Vendor ill independent of HCDB and HCDB mCll2bm. Is 1111
fIIdepoade.ttt contl'aOtOrt and II not an employee, agent, Joillt vouturcr, or s-tnDt of HCDB or any HC!DB member.
Nothiba fa 1bls CoDtIaaC shall be Im.rpreted or caDSlnlDll as oreatIDg or estabUshiGa "the tdatioDShip of employer and
cmpJO)'lO, apat.joint waturer or pariDer. bc:ItweefI HCDB aad Vendor, any HCDB mombor 8IId Vendar, HCDB arid
lID)' of VIIJIdor'a aaeats. or lIlY BmB member _ any of Vendor"s aJ'llllts. V_or his DO powar or authorky 10
IlIUm. or orta1e ." obllptlolt or rUJfOftllbW'Y en bebalf ofHCDi or any HCDB member. and HCDB IUId HCR
membara 111m DO power or aaIIIoritf II) 8SB1lJbO or GI'eate lI1y obUption or 1'CIJJ'ODIibilif:y OD bcbaIf ofVODdor. 'l1ris
Comraot sball not·be oollltlUeci en are_ or Imply any partnership, agenoy. or Jotat venttn. nor ahall it he ~Jlstruad or
dellbOd IDl endonemonc of a specific company or product. Vblldor agraos that HCDB aDd HCDS l1lOD'lfIcrs havo DO
respatUibt"UlJ tbr 8DJ oonduct ofay ofVeador"s DIIlpIoyeas. .Ilts, RIJIl'I'IeJllBtiwa, OOIltnmlDrst or subOOfttraolOr,.
SA7. £qu.IOppe~
It Is tb polley ofHCDB not to dborimJnate on the basfs of race. oob, naIioual origin, puder. limited EDgIish
preficienoy or handioappbts conditiOlll in Its programs. Vendor agrcoa not to dfscrJrninate ap!llS' lSI)' amploY«' or
appRoaat fer employment to be employed in tho performllllCO of lids Contract, with ~Dt to hire. teDure. bInDs.
conditioll$ 8lId prtvileps of employment, or • matter dtraody or Indlrmly ro1a.tod to employment, because of aao·
(~ where baaed CD a bolla fide occupationeJ qualification). sex (except w1we based Db II. bona fIdo occupatloaal
qaaIlftaa'tlon) or race. color. relfafon, natioha1 0l'Jsia, or lUloestry. Vendor fiuthar $ees that wery su1looDtrflOt entered
IJIto fer the per(atmance ofthiB CoDrract &hall ClOUIain a provision requiring DOD-discrimJnatlon in employment hereJA
specified, bfacliag upon each subcontraotor. Bred of this covenant may be regarded 8.! a nuderiaI breach of the
Contract.
Page 10 0112
RFP # 12/0SlDA
5.48. Force·MaJeure .
NefIher HCDE.. amy HCDE mombor, or Vwlor shall be deOll1cd to have bmcbed amy provision of this Contracl as a
result of any delay. failure ill l'eri'omuuu:.a, or ilianuption af aervJcse resWttoa d~ Ol' IndUeotIy fram acta of God,
IIOtwort fiIUuros, aoIB of olvU or military autboritfes, oMt dlaturbtlncu. wan. DI\eJ'IY cdsoa, _ traasportatlon
contln,p~ ~ In tlsircl.pt:tlJ teleo.oJDmllllioqtiODS or lntemct cqu1pmont or service. other cataatraphu, or
any other CCCIU'l'ellQOI whlall are te8IODul)' beyond HCDE, lIllY HCDB mambor. or Vndorta control.
HCDB, HCDB OlDmb_, and Vandor 1ft nqufrad to use due clllltlon and prMRttve meuurea 10 pt01eCt against tU
.011 of tUroe m-.l ...... and \he burdon of provlJlg that a twco ~11Il'O mnt 1uuI ocawmi shIIll nal 011 the PIlt1
saeldns reUet under dais provlsfoD. The patty seekinS n.liot duo to fbroe maJouro ia required to ~ notify the
Dltler parties in wrJtlag. citing the cletaila of1lul tbroo me.ltIIIO CMmt IIICl relief souabt. arul sIWl f08UUIO per.formaDce
hnmecl ..... after tile obstaoleI to ~ aauaed by .. b'oe ~ eveat &avo beaD romoved. pmWIDd the
00nttIat .. UDt beea. ttlnninatod. n.tay or Nih ofperformaDat, b)' either patty to 1Ida Ccm1raat. CIIIBecl8Ololy by a
1brae m .... event, sIiaIl be aoused fbrtbe period oIal., ansod 1010IJ by tbe tbrae ~eant cvetIt HCD'B, HCDB
IIltIIibera. and VII!iIor ahall DOt haw IIIIJ olahn in' .... .,.mst any other party ~ ftom delays caused
solely by 11_ nuUClIIO. NotwItbdaDdl1lJ ~ other provIaiOll at&ls CoaRot, III the ft8IIt Ibe Yadon per1bn_e
ofitB obU_a under tbfI eo .. Is 4tIayocl or sfDpped by B three ~aure ewat. 8CDE ahalJ haw the opt[oa to
tIIrmbIatD Ibi.a Ccmtmot. 'lbfI seottoa.U !SOt be iIlterp.'efIId .. to limit or otllerwlso mediff Iny ofHCDB'a or BCD!
rnembera' ootltrIIoIUGI.lopl, or o~ rIgfda. .
5.49. SevenhIHty
lItis. MIlt aftY ODe or more oIt11e provisIGAa COldI1bIed In1bls Conbact .balI fbr 8l1)' reasoD be held to • hrYaUd,
UIepI, or _erdbraeabIo ID any respect. ROb invaIfcUty. iIlcpllt)'. or anonfbR:eahiJiC.y ahaJI =t affect my othol'
provfIions, IUId tile CoDtraot abeIl be IIOI181rUed .. it such IIwalfd, UIepJ. or u~o provision Iwt Imr been
ccmtalned fat It.
.5.50. Walwr
No Jldlura CD 1ho put ofekbBl' party iii IJIf bto requfro the pcdbrmaaco by die other party atlPSY term hereot shall
bo takoa or held to be a waiver ofnah _ or In aD)' way attcat .. ptIrly'l riPt 110 ealbrce _ twm, ad ItO
wIlwr oa 1118 ,. of eithtr pmty of.., .. hereotehall he taIam or held to be a waiwr of IIDl' other am hereof or
1he bnaah thereof. No WIivw. alteratIott,. or mocfificIIdon of ISQ' of lite provIsiCIIJII of dds Coafract ahaIl be bincllllg
unI_ fa wrItIDs &lid rdped by duly authorized representAdl ... of the pI1'ttea herefo,
5.51. JIDfire A.p-mIeDt
Tho CoattIIat. the m. Veadot'. proposal 8111uni1ocl In rapoeso to tho m. Ihe _bed and inccrporGId
aUaoIutl_ acldenclam, IIIdlot _lbits, if 811)1. and tho SuppiomeDfal CoaIraat, If 1/IJ:f, oomaIn tire CDtiro aareoment or
the parties re1ativa to the JUPOIII(a) of lite Contract .. supcnode any CCb_ 1'IpraentaII01J8. 1IIJNODl~
~ neptittioua, or und ..... dfup, oral or wriltan, betweoJl the p.mea eo this Contract. In dte 0'" ofa
e»nflfot botweeft dUs CODtract IUd dla m Of Vendor's proposal aubmittcd ill rcsponee to die aPP.1Ids Coatraat shall
oontroI. 111 1M ennt of a oollfUot botwoen 1ht :RPP and Vcnc1or's pJOpOIII BUbmitted In rospoase to the RFP, 1bo llPP
sbalJ CORbol. nul Contlact supersedes 8IIJ ClCIufUctlDS terms and =dltkms on all), Purcbase Order, invoices. cIIeab,
order aclmawladpmenta, tbtlN, purchase ardara. or sfmilar conunerolal dooumcata rolatinglteretxllllld wblcll m." be
1ssue4 by Vendor rfterthe E&oIive ODoftbfs Conlraot.
In IIClcUdon to IhIII Omtract, a Supplomomal Coatraot betwnn Vendor aad tho HCDB member IIlIO' bo.eatab1Ished 10
imber dt1aIl1ba .. aacI oondltlons oldie HCDB member'a spcoific project. It! the went of a oollf1ict lJetween this
ContraaC 8Ild file Supplemeatal CoJdfut, III to HCOB. this Comraotahan prevail Tn dro IYOJlt of a conflfct b __
thts Ccmtraot and tilt SUpplemental Coatl'Ktt a& 10 the HCDB member, the Supplcmmtar COlIbCt shall pmafl uftJesa
the Supptomatat COlIfraDt ItItos otherwise.
5.52. Interpretation
VOJUtor agrees 1IIat tho nomal rules of ool1JQ'uclloz! 1IW require that any amblpltiea III this Co1drac\ are to be
constrqad agafast the &hailer 8haD aot be employeclJn the iDterpNIation ofibla Contraof.
5.53. Hodce
~lusloll 11-28·12 Page 11 of 12
RPP'I# 1210SlDA
Any DOtioo pI'Ovi4od under tho terma oftlda CoaItact &J ehe partlea to any othor shall be III wrfdIIs IUId shall be sfvea
by halld-de1lvery or by certified or nafs1Irecl JQJI, rIItUnl receipt requestocl. NotIce Iball be auftioJat it JIUIdo or
addIund to tho party at Che atIdNse Ilated lD the afsaldllrB !lao oftbls Contract. Notioelball bo da .... effeeIivc upoII
reoolpt. BaDh party IIIIIJ ... the addren at whfcll dOlI may be sent to dlac party by sIvIDs IIOdce at auah -..
to the atber party by aerdf.led mati, relum rooeipt roqaealed.
5.54. ClpIIctDI
Tho captlcma herefD are Ibr COII..IJICe.clldclattficadoa l*1lOSeI 0DIy ..... not an illilpl part heNaf. &lid are DOt 'to
he ooaIdenId In tho iIl1IIpaotadoa otllDY part bIrIof.
5.55. CGa&ract.a\eeeptlnce ad lip .....
TJae tIftClflllll,pod Vadar hIreb1 prop_I and .... to tU'IIIIb pt04uota IIbdfGrlllYiou hi. .lot cempliaaGo _III dao
ter. speclfIcado-. _ oondHtans of the RFP, this Colttnloa. and VeIUIor'. prQpCl8!. '1'IID vllcJenfpcd ibrthor
cerdtIe.s that he or abe II aD ofIaer oftbe QOmp41I1 and Iw IIIIboliy to JIII __ aDd ooatract ilr lilt 00IIIpII1)' ....
below and meoW .... with all ot1be tBnna aad ccuaditiGu ottbia Coatraet and 1110 m.
l'dnIIId NIIIII
PosIb WidaCompqr
SaIu .. ......"
B-aaiI Addlw
WebsitiO URL
PrJnted 1'Il'aInD: Jesus ""eGYa. Assistant Superintend of Business Services
CODb:aet Ho.: 12/0SlDA.-o1
BxoJuaion 11-28-12 Page 12 of 12
RFP #12105tJDA
6.0 SCOPE OF PROPOSAL
[t is the intention of HCOE to establish one or more contracts to Furnish, (nataU, Repair, Service, Purchase, Lease. andlor
Lease·purchase ElectrieaJ Vehicle Charging Stations and Related [terns with such contracts to include a job order contracting
component. as applicable, for HCDE andlor RcnE members seeking contractors who possess licenses in their states (where
required) to provide and perform the work as outlined in the following categories:
Vendors are requested to submit a proposal offering their total1ine of available products and services that are commonJy
purchased by govemmentaI entities and school districts. Vendors are encouraged to offer any product or service that they
CWTently perform in their normal course of business. Pricing, scope of work, and applicable terms and conditions should be
included for any additional product or service. HCOElCP reserves the right ro accept or reject any items included by Vendor in
this seCtion.
Awanis wiU be made to the successfill Vendor(s) for the totallme of products and services submitted. Proposals can be made
, for any or all services and products described herein. The tenns and conditions listed below apply to all categories and lois
within the requested services grouping. Each category and lot contains additional terms, conditions, and specilications.lfthere
is a conflict between category or lot terms and conditions and. those listed below. the category or lot terms and conditions shall
take precedence. .
Purchase Order andlor Job Order Process
a) The HCDE mem~r may make a request of a Vendor via phone, the web, ""mail, fax, or in person. Upon
notification of a pending request, the Vendor shall malce contact with the HCDE member as soon as pOSS1'ble, but
at least within two business days. As projects are identified" the Vendor will participate in a joint scope meeting,
at which time a Job Order Proposal Request for the individual project(s) will be explained to the Vendor and the
Vendor will be provided an opportunity to -ask questions and inspect the site. Vendor shall visit the HDCI!
member's site and conduct a ~·throughlproject sooping with the HCDE member's representative to define the
Scope ofWark. Vendor shall perform due diligence to request and gather pertinent information, including existing
conditions and HCDE member documents. including, but not-limited to, hazardous materials surveys and other
relevant documents.
b) The Vendor will prepare a Job Order Proposal for the project including a price proposal, schedule, written Scope
of Work using an automated 5Oftware_ system that will provide a line item estimate of the individual tasks, the
quantities, the city cost index, Vendors bid coefficient. and any applicable cost additions (including any possible
division one line items) and design work that may be required, and additional items within the scope of this RFP
and Vendor's response to the RFP. The line items taken from the UPB and the estimated quantities totaled will be
modified with the application ofilie city cost index and the contractor's wefficient. Any adjustment factors from
division one will be added to establish the final price as agreed to fOI' the project. Cost adjustment factors, 88
allowed. must clearly identify those individual tasks (line items) to which they are applicable and include
corresponding percentage. Each Job Order Proposal shall be good for a period of 30 days unless an extension is
agreed to by Vendor and the HCDE member.
c) HCOB and/or the HCOE member WI1J review the Job Order Proposal and may request changes. Once an
acceptable Job Order Proposal and Scope of Work have been agreed to. the HeDE member may isSue a Purchase
Order and/or Job Order for the projec:t, which must be signed by Vendor and the HCDE member as a Jump sum
fixed price contract TEX; GOV'T. CODE § 2267.410(8) ("An order for a job or project under ajob order conil'8Ct
must be signed by the governmental entity's representative and the contractol'."). The governing body of each
BCDE member that is a governmental entity, as def"med in Chapter 2267 of the Texas Governmeat Code.
mast approve each job, task, or purchase order that exceeds $50,000. TEX. GOV'T. COOE§ 2261.403(c).
RFP (revised 9.7.12) Page30of63
RFP #1210511DA
d) Vendor is required to eDsure that the Purchase Order and/or Job Order for the projeet includes the
following, all applicable:
• The Jump 'lUll price, start date., schedule, and notice to proceed. The aohedule will include the mobilization,
materials purchase. installation and delivery, design, weather, and site cleanup and inSpection. No additional
c(ajms may be made for delays as B result of these item ...
• The date for commencing work. Upon commencing work. the Vendor will proceed diligently toward
contract completion. Any deJay in the work beyond the Vendor's control mllst be reported to the HCDE
member's au~orized representative immediately.
• Compensation for received products. terms of progress payments, and a schedule of payments. The HCDE
member retains the rigbt to extend the schedule of work/delivery time or to suspend the work and to direct
the Vendor' to resume work when appropriate. The Purchase Order and/or Job Order must describe an
equitable adjustment for added costs caused by any suspension. Any increases wnI be invoiced througb CP
as allowed in the Contract or RFP.
• A schedule for performance of work that can be met without planned overtime. which shan be Vendor's
responsibility.
• Montbly progress reports must be given to the HCDE member by the Veudor. The specifics of what is
reported should be described in the Purchase Order and/or Job Order.
-Tenns for acc:eptan.ce by the HCDE member and title to work must be clearly agreed upon and described. If
any part of the work mqu.irea 1he HCDE member to asSume control prior to the completion, this must be
defined. Vendor and the HCDB member must agree on the definition of what COIISIitutes final acceptance
before payment of any retained compensation .
• Any Supplemental Contract or Purchase ardor between Vendor and the HCDE member concerning
retainage or a substitute security. which must be in tUll compliance with the state requirements of the HCOS
member. including TEX. GOV'T. CODE Cllapter 2252.
e) After the Purchase Order or Job Order is signed, a copy of the Purchase Order or lob Order shall be sent to CP's
busiDess manager.
t) Bach individual Purchase Order or Job Order may be limited to work at a aingte filciHty and win describe the
Scope of Work to be performed. Descriptions may be written. by sketdl, andlor by drawing and should include the
location where work is to be performed, whether work may be performed during Regular Hours, the project
completion time, and the price to be paid for the work.
g) The Vendor shall perform the Scope oC Work within the project completion time and for the fixed price of the
Purchase Order and/or Job Order.
h) No work shall be perfonned until a written Purchase Order or Job Order has been signed by the Vendor and the
HeDE member. Any work performed under a Purehase Ordor or Job Order before the Vendor's receipt of the
written Purchue Onler or Job Order is at the Vendor's risk.
i) Under emergency conditions, a portion of the S~pe of Work may be issued orally by the HCDE member's
·lUlthorized representative, who will confirm the oral orde!' by issuing a written PW'chase Ordel' or job Order within
ten days. In the event of an emergency, Vendor will endeavor to meet with the HCDB member within two hOUB
(if possible), expediting these procedures with verbal Job Order or Purchase at'der and a signed field book by the
HCDE member's authorized representative and V~ndor, Work may commence immediately as required; howevel'~
documentation must be provided as soon as possible for this work or for any additional long-term Purchase or Job
Order work.
RFP (revised 9.7.12) Page 31 of63
RFP 1I12l0511DA
j) Quality Control Issues .
• During the course of the Purchase Order or Job Order, the HCDE member may secure samples, according
to construction industry stan.dards, guidelines, or Industry standards, of materials being used from
containers at the job she, and submit them to an independent laboratory for comparison to specified
material.
• Should test results prove that a material is not equal to or better than specified, the Vendor "ill pay for the
tests. The Vendor will also pay all costs incurred to replace, remove and dispose of non-compliant·
materia1s.
• Should test results prove that materials tested were equal to specified material, the Vendor sha1l be notified
of the results and the HCDE member shall pay the cost.
• Upon completion of the project. the Vendor shall deliver to the HCOE member all associated as-built
drawings, warranties,llld owner's manuals/instructions.
Ie) The Vendor is required to perfonn all work under a Pun:hase Order or Job Order which bas been issued and
received before the expiration date of this Contract. If the Purchase Ordor or Job Order is not received by the
Vendor before the expiration date ofthis Contract, the Purchase Order or Job Order will be considered canceDed.
Purchase Orders or Job 9tders sent in tile last 30 days of a Term should be sent ."Return ~ipt Req~sted ...
Any Purchase Order or Job Order issued during the Tenn ofilie Contract and not completed before the expiration
date of the Contract must be completed within the project completion/delivery time stated in the Purchase Order
or Job Order, and the rights and obligations of the Vendor and the HCOE member with respect to the Purchase
Order or Job Order will be the same as jf the Purchase Order or Job Order were completed during the Temi of the
Contract.
I) When the Job Order hItS been completed, the Vendor shall notify tbe HCDE member and have the HCDE
member inspect the work for acceptance under the scope and terms in the Purchase Order andlor Job Order. The
HCDE member wlll issue~ in writing, any corrective actions that are required. Final payment of a Purchase Order
or lob Order for which progress payments have been made will not be made until the project is totally completed
Oncluding punch list items). and the final application for payment is approved and signed by the HCOE member.
m) The Vendor may not refuse to perform any project requested by an HCOE member unless such project is
un~~. .
n) The HCDE member reserves the right to reject a. Job Order Proposal or cancel a project for any reason. The
HCOB member also reserves the right not tn issue a Purchase Order or Job Order if in its best interest. The
Vendor shall not recover any costs arising out of or related to the development of the PtU'dlase Order or Job
Order, including but not limited to, the costs to review the Job Order Proposal Request or prepare a Job Order
Proposal.
Ability to Provide and Perform the Required Product(s) aud/or Service(s)
a) Detail any and all skills. knowledge. capacities, capabilities, experience,. fmancial stability, available human and
physical resources, historical background, past and present performance, and licenses to perform and do business
within the states of HCDE members. Confinn that the proposed products/services meet or exceed the
specifications detailed in the RFP and the proposed pricing complies with state and local requirements.
b) Briefly describe Vendor's variely of manufacwred products and services Vendor is offering to HCDB members
through this RFP.
c) Indicate whether Vendor is able to provide multiple manufactured materials. Describe the number and variety of
Blectrical Vehicle Charging Stations Vendor is able to offer through licensed installers.
d) Manufacturer's Representative: Vendors must be approved by the manufacturer to seJVinstaJl the brand of
equipment submitted, and Vendors must submit an approval letter lTom each manufacture with theil' proposal.
RFP (revised 9.7.12) Page 32 of63
I I·
I
I
I
RFP #1210511DA
Manufacturer authorization letters must include the Texas education service center regions in which equipment
can be sold.
• Dealers, distributors or installers submitting a response to this RFP for produ¢; requested herein or as a
manufacturer's representative must incJude witb their proposal documented evidence from or between
them and the manufacturer certifying that the dealers, distributor or installer is a bona fide manufacturer's
agent for the specific products or services proposed; evidence that the Vend6r is qualified and experienced
to assess existing conditions, develop and submit manufacturer acceptable solutions for the product lines
offered; and evidence that the Vendor lias a good track record with the product. The manutaeturer must
support, review, and jssue its guarantee on the work perfi>rmed and products provided.
• Should the Vendor fail to satisfilctorily fulfill any obligations established as a result of compJeting a project
using manufiwturer's products/system under contract as a result of this RFP, the manufacturer must either
assume an4 discharge such obligations or provide for their competent assumption by one or more bona fide
representatives for the balance of the obligations.
JOB ORDER CONTRACTING COMPONENT
This RFP includes a job order contracting component, as detailed herein. Because HCDE members require different
equipment and supplies. this RFP is a request for the discount off of catalog or price list along with a coefficient for any project
that is not only a commodity purchase but also has construction included in the project." •
6.1 Categorical Definitions
A contract will be established with standard specifications and pricing based upon a coefficient that is applied to a
Unit Price Book (UP8). When a. specific project or Job Order is issued. the HCDE member and the Vendor wDl agree
on the Scope oeWark. and the cost is determined by applying the coefficient to the appropriate units in the UPS.
The prop9Slll coefficient should provide reasonable oversight for engineering and architectural (A&E) design to meet
both local and state requirements. Vendor should inclUde as part or its coefficient those services that are required to
obtain building permits and meet local and state standards for design and oversight. Services may be provided via.
Vendor's own staff, subcontractor, or working with the HCDE member's managers, architects and engineers,
wherever such professional arch itectural and engineering services 211": required. Selection of architects, engineers, and
other: professional services shall be in accordance with applicable Jaw.
If a Job Order or an order issued under this RFP requires architeetnral or edgineering services that constitute the
practice of architecture within the meaning of Chapter 1051, Texas Occupations Code, or the practice ·of engineering
within the meaning of Chapter 1001, Occupations Code, the I-ICDE member must seJect or designate the architect or
engineer to prepare the construction documents for the project. This requirement does not apply to a Job Order
contract or an order issued under this RFP for industrialized housing, industrialized builclings, or re10calable
educational facilities subject to and approved under Chapter 1202, Texas Occupations Code, iftbe Vendor employs
the services of an architect or engineer who approves the documents for the project. TEX. GOV'T. CODE § 2267.408.
Vendors Me encouraged to take any Delivery Order oU 1 0,000 or more in any region that they are contracted for and
are encollragod to work with the HCDE member to identify any "JOCable" work that may be available of any size.
Prior to Vendor's acceptance of any Delivery Order over $2,000,000, Vendor must submit the Delivery Order to CP
and the HCDS member to determine whether the project is a "mCable" project -that is. if the project constitutes
maintenance, repair, alteration, renovation, remediation, or minor construction of a facility, the work is of a recurring
nature but the delivery times at'e indefinite, and indefinite quantities and orders are awarded substantially on the basis
or predescribed and prepriced tasks, pursuant to TEX. GOV'T. CODE § 2267.403. The final doterlDmation of
wbether a particular project is a "JOCable" project aDd conrorms to TEX. GOV'T. CODE § 1267.403 is made
by HCDE, if HCDE is iS81ling tbe Purchase Order, or the HeDE member issuing 8 Purchase Order.
RS Means will be the unit price book for the job order contl'llcfing component of this RFP, using the most recent
edition RS Means' right hand column ("Total Inc. O&P"), including any quarterly updates provided. AU line items
provided in DO proposals are to be carried out to RS Means 12-digit line number. Vendors, at their expense, wnt
make copies of the UPB available to HeDE members upon l'eqUest via electronic or printed media.
RFP (revised 9.7.12) Page 33 of63
RI:P # I 2/05 I IDA
Although division one of the UPS will not be generally allowed, special requirements out of division one may be
allowed with the approval of the HCDE member and listed as a separate line item with an attachment giving a
explanation as to the special need. One example would be a dedroated onsitll sa:f8ty offioer, delivery order manager,
and/or superintendent at all times during construction. Unless a very large DO is at issue, it would not be ~vered in
the JOC coefficient. The mere signing of the Purchase Order without the noted· exception and approval is not
sufficiont.
As defined, the Vendor's bid coefficient shall include all overhead items, including but not limited to, project
management, office, saiety equipment, vehicles and fuel, communication equipment, computers, printers, programs,
insurance, transportation, maintenance, CP Fee, tinal site cleanup and all contingencies. Vendor's proposed
coemeient must be less than 1.0 and rounded to a whole percentage (two pla4:es) or it will deemed to be lion
responsive.
In eslitnating delivery orders the Vendor shall endeavor Dot to micro-estimate line items. Micro-estimating is the
intentional breaking down of projects into their smallest components when a single line item or two would suffice. An
example would be the need to replace a door where a pre-hung door and frame would be the filstest and cheapest route
to use. Instead of the smgle line item defining the pre-hung door, the estimator breaks down this portion of the job into
individual line items such as door frame, hinges and screws which will unnecessarily drive up the cost to the HCDE
member. This should be avoided and will be looked for during CP's review.
The following line items from division one sections/subsections will be allowed under this RFP for inclusion:
Su.bseotion 01 21 53. (Factors Allowance) minus 0121 SO 2000 and 01 21 53.502050 IIslJift work". Sections 01 54
tbru 01 93 minus 01 54 39.70 0010 (SmaIl Tools) and 01 74 13.20 subsections 0010 thru 0040. !fany allowable
tBctors me applied to' any line items in a Job Order PropoSal and/or DO, those affected line items shaD be clearly
identified with associated pcrcenlages. Any line items or entries :from "Crews" Section of the UPB will not be
allowed. Much of division one will be opened, subject to special project conditions on a case-by-case or HCDE
member basis. However, if there at"e any exceptions to these Job Order Proposal andlor DO pricing restrictions) the
Vendor must clearly notifY the HCDE member, in writing, that an· exception is beiRg requested and proper approval
wDl be documented from the HCDE member in the line item estimate.
EXAMPLE: Using sample figures from a Job Order Proposal, the total cost with all of tile adjustments would be as
follows:
Total of divJsionalline items based on the quantities and unit prices from the Unit Price Book, including the
OH&P column := $500,000 .
City Cost Index: 0.91 a4justed $455,000
Bid Coefficient 0.82 adjusted $373,000
Premium Hours: N/A
DAVIS BACON ACT: N/A
TOTAL COST (as adjusted): $373,000
When providing RS Means costs as part of a project's proposal, the following items apply:
6.1.1 RS Means proposals must use the current year, standard costs based on the following CD titles:
a) Repair and Remodeling Cost Data .
b) Building Construction Cost Data
c) Facility Construction Cost Data
6.1.2 All work proposed under the RS Means method must use the RS Means format, even if subcontractors are
used to do the work .. Subcontractor's invoices must tie to the RS Means spreadsheet
6.1.3 An RS Means spreadsheet must be submitted to substantiate the quote given to the HCDE member. Make
sure that the spreadsheet columns are expanded to show the fulJ R~ Means number and a sufficient amount
of the description.
RFP (revised 9.7.12) Page 34of63
RFP # I 2105 1 IDA
6.1.4. Pricing must be done by Location Codes. National Average will not be allowed. To select the "closest"
location code. the first three (3) numbers of the zip code will be used to determine the city location index in
each state. The same criteria are used by RS Means.
6.1.5 CP discount, bonding cost, and sales taxes, if applicable, must be shown as separate line items at the bottom
of the RS Means spreadsheet Tltis information can be handwritten or typed on the spreadsheet or can be
shown on a separate summary sheet. The summary sheet must start with the RS Means spreadsheet total and
show the detail for each of the items stated above.
6.1.6 All change orders which list items covered by RS Means must be supported by an RS Means spreadsheet.
6.2 Categorical Cost Considerations
Vendor must provide a complete listing of all products and services that it is proposing to offer wroer this category.
All prices submitted must be broken out into supplies, materials. reimbursable and labor as separate line items, unless
the item/service being priced is a per unit cost which includes labor, equipment and materials.
Vendors must base material and equipment prices submitted on a fixed discoWlt off an MSRP or published price Jist.
If a price list or MSRP is not available, then one of the established method for pricing such items shall be utilized, that
is, RS Means, custom items or sole source. ..
For labor costs, not covered by other methods, Vendors must provjde hourly mtes. It is recommended that the Vendor
establish a base labor rate fur each labo!' category and then specify a multiplier to obtain the rate for each state.
Price sheets, catalogs and/or o~ pricing forms must clearly identify and describe the supplies or material, its unit of
measure offered and its stated price. WIthin the terms olthis solicitation, the response documents must indicate the CP
discount off the price sheet, catalog, etc
When providing equipment costs, indicate an hourly, daily and weekly rate.
6.3 Alternative Costing
If a project requires products and services that are not covered by RS Means or a nationally published price list, the
Vendor may obtain three (3) written cost proposals from local providers. The Vendor must use tho most advantageous
cost proposal and add its nonna) and customary markup and overhead provided as part of its resp~ to obtain the
retail cost. The stated CP discoWlt will then be taken to arrive at the CP price. All products and services falling uoder
this cat~gory must be'submitted in advance.aad approved by the HCDE member prior to being included in any Job
Order Proposal. If a product or service is required that must be custom designed and man.tured 10 meet an
individual project site's conditions andlor provided for a unique application or project, the Vendor may provide three
(3) or more written cost proposals or quotes trom providers and of such custom products and services. Normal and
customary markup and overhead will be added 'and the CP designated discount taken.
All products and services faIling in this category should be submitted in advanc:e and approved by the HCDE member
prior to being included in any Job Order Proposal. HCE and HCDE members reserve the right to aecept or reject any
third-party cost proposals or quotes provided by the Vendor. If a product or service is requil'ed as part of the
performance under this RFP can only be obtained andlor manufactured from a single source and falls under the sole
sourc:e provision of some state's proclIrement codes, the offeror must provide the HCDE member with the necessary
docmnentation to substantiate the purchasing method.
6.4 IDIQ Construction ..:General Information
6.4.1 Conditions Affecting the Work
Vendor is responsible for bavlng taken steps reasonably necessary to ascertain the nature and location of the
work and the genel'al and local conditions that can affect the work or its costs. Any failure by the Vendor 10
have done so does not relieve the Vendor from responsibility for successfully performing the work without
additional expense to the HCDE member. The HCDE member assumes no responsibility for any
understandings or representations concetning conditions made by allY of its officers or agents before
RFP (revised 9.7.12) Page 35 of63
RFP#I2IOSliOA
execution oftbis Contract or a Purchase Order or Job Order, unless such understanding or representations by
the BCDE m~ber are expressly stated in the Purchase Order or Job Order.
6.4.2 ~econl "AS BUILT" ·DrawJags
Throughout the progress of the worlc, the Vendor must keep a master set ofprints on the job site, on which is
kept a complete, careful and neat record of all deviatiolls from the drawings made duriq the course of the
work.
Upon completion of construction, the "as buUt» prints must be certified as to their ccmectness by the
signature of the Vendor and turned over 10 the architect/engineer of record for use in preparing a permanent
set of "as built" drawings wiChin thJrty (30) calendar days after completion of construction.
In addition to reproducible submissions, tile Vendor should sllbmit a CADD system (when requested)
electronic file tbr "as built" documents prepared with a CADD system compattble with the HCDB member' B
CADD system idendfied by the RCDB member's representative. The HCOE member reserves the right to
review "811 built" documents at any time. Costs associated with the preparation and completion of the "as
buiJt'> drawings shall be part of the Vendor's multiplier •.
6.5. Debris and Cleanup
6.S.1. On a daily basis duriDg the progress oftha work for an HCDB rnember,1he Vendor must remOve and dispose
orthe ~ dirt and debris and keep the premises clean.
6.S.2 The Vendor shall, upon completion of the work, remove aU equipment and surplus materials (except
marerials or equipment that are to remain at the HCDE member's property), and leave the premises in a
clean, neat, and orderly conditioa satisfactory to the HCDE member.
6.6 Materials aDd Workmanship
6.6.1 Unless otherwise specifically provided in a Purchase Order or Job Order or SupplemeDtal Contract, all
equipment DDd materials incorporated in the work must be new .. of the moat suitable grade for the ptDp06e
intended. Unless otherwise specifically provided. reference to ~ equipment, material, or patented process
by brand name. JDake. or caca.log number establishes a staodard or quality oDly. Vendor may substitute any
equipment, material, or proc:ess that the HCDE member finds to be equal to that named. To obtain approval
to use a diilinnt equipment, material, or process, the Vendor must furnish the ReDE member with the
manufacturers name, the model number, and other identifying data and information regarding the capacity,
Dature,.Iatil1g. and performance of the proposed substitute. Ifrequesled by the HCDE member, samples must
be submitted fOr approval at the Vendor's expense, shipping eharges prepaid. Materials or processes
substituted without approval may be rejected.
6.6.2 Vendor must obtain the HCOS member's approval of the machinery and mechanical equipment incorporated
into the work. Vendor must submit samples orall materials and equipment as directed by the HeDS member
or as required by the UP.
6.6.3 All work must be performed in a sldUfuJ and workmanlike manoOl·. The HCDE member may, in writing,
require the Vendor to remove from the work Bny employee-the HCOB member deems incompetent, careless,
or otherwise objeGtionable.
6.7 ASIIOeiatect" Project Support Requiremen1s
6.7.1 Vendor shall relUove movable desks and furniture in the wade area and place such items back in the required
location upon completion of the work. The purchase., delivery, and storage of project construction materials
must not interfere with the HCDB member's operations.
RFP (revised 9.7.12) Page 36 of63
RFP ff12l0511DA
6.7.2 Vendor must provide to his project offices, with minimal down time (24 hours service calls), a computer
system with applicable software, including Microsoft Office, unaltered JOC project estimating software (JOC
Works or Cost Works) that is compatible with the currently utili2'.ed edition of RS MeaDS, and the current
edition ofRS Means. Updates of quarterly RS Means software or revised yearly editions will be allowed.
6.7.3 Vendor is required ID furnish and maintain a field office in an awarded region, at the Vendor's expense.
Utilities and water at the job sites will be furnished ID the Vendor at the HCDH member's expense. Upon
project completion, Vendor shall remove the utility and water connections at the direction of the HCDE
member. Vendor is responsible for analyzing its electrical needs ond the ability of RCDB member to
accommodate such. Vendor shall communicate and coordinate his utI1ity and water requeslS to the HCDE
member. If additional capacity is required above and beyond the capacity that the BCDE member is able to
provide, Vendor is responsible for arranging for the equipment, installation, and remQval at Vendor's own
expell8e. If possible, toilet fa~ilities wiJI be made available by the ReDE member, or the Vendor wilf make
amngements for portable toilets. .
RFP (revised 9.7.12) Page 37 of63
RFP III 2105 I/DA
7.0 SPECIFICATIONS
It is the intention of HCDBlCP to establish one or more wntract(s) with h.igb1y qualified vendor(s) to Furnish, Install, Repair,
Service, Purchase, Lease, and/or Lease-Purchase Electrical Vehicle Charging Stations and Related Items. Vendor(s) shall. at
the request of HCDElCP or llI1y HCDE member, provide. these products andlor covered services under the terms of this RFP
and the Contract set forth in Section S.1t Contract Terms aod Conditions. Vendor shaU assist the HCDS member with
making a dete.nninatioo ofib! individual needs. as stated below.
1. Introduction & Background:
The objective of an Electronic Vehicle Charging Equipment Program is 10 accelerate vehicle electrification and advance the
use of innovative technologies to supply electricity to these vehicles, leading 10 significant petroleum and air emission
reductions. Many local governments, non-profit entities, public and private schools, cofJeges. universities, municipalities,
counties, political subdivisions, and other governmeotal agencies and organizations are interested in reducing ajr emissions or
improving ajr quality in their local communities, and they may wish to use this Contract to implement such a program.
The perfonnance, cost and convenience of using oil as the exclusive fuel within the transportation sector are now being
contested-by electric technologies, such as plug-in electric vehicles (PEVs). PEVs, which include all-electric vehicles-and plug-
in hybrid electric ve11icles, provide an opportunity for reducing oil consumption and emissions by drawing power &om electric
grid. Establishing a PEV infrastructure framework. to provide access to electric charging for these vehicles, Will afse create
new opportunities for business .arid job development.
Grant funding may be 8V8l1able to HCDE andlor RCDE members fur an Electronic Vehicle Charging Equipment Program, and
HCDE and/or HCDE members may desire assistance from Vendor(s) in submitting grants to the federal, state or other granting
agencies. The Vendor(s) may propose alte.mative financing or equipment ownership arrangements that are permitted onder the
applicable grant. The Vendor(s)are required to assist the HCDE members in the process of assessing the grant, applying for
grant flmding, and financing of the particular project. Vendor(s) are also required to comply with aJl requirements of the
applicable grant, including. without limitation, any state and/or federal requirements. The grant writing, assessment, and
financing phase may be construed as Phase I.
Phase II of these projects will be to install public charging stations at public locations or some other priority areas designated
by RCDE and/or HCDE members. Tnstallation should occur in tlte highest ranked 8I'ClIS taking priority for initial EV dlarging
station deployment. The number of charging stations wi1I vary from one to many, depending upon the size and scope of the
project and HCDE and/or RCDE members' desired project.
2. Proje« Description:
Tbe Venclor{s) will supply and install a minimum of one or more network oapable (e.g. Revenue capture, Authenticated access
via smart card to eliminate energy theft, SMS, text or ~mail notification and Green House GaB savings etc), publicly
accessible, electric clwging stations at sites designated by HCDE or the HCDE member. It is the responsibility oftbe
successful Vendor(s) to include the labor rates for any areas whe!'e unions w:e requjred to do any work regarding the
instaOation or operation ofth18 equipment. Vendors may submit regional pricing as a result of regional tabor rates. Price
discotmts may be submitted in the proposal. .
The successful Vendor(s) will work with the HCDE member to select specific locations for multiple networked stations
reoognizing that charging stations are capable of having different networking relations (for example a primary/secondary.
gateway/nongateway, mother/drone reI8lionsh.ip), where it would be beneficial to both the branding Bnd marketing of the
Vendor, and better visibility and custolller knowledge ofEV charging. Please clearly state in your response the type of station
and how they are most effectively networked. The network contract must be valid for five (5) years. Warranty and support for
shall be valid for·five (5) years.
lnstaUation will be provided by the Vendor, and if chosen, in coordination with any local unions if necessary. The Vendor will
provide ins.tallation drawings adequate 10 obtain any required pennits. All pennits will be obtained by HCDE or the HCDE
member/property owner(s), with the assistance of the Vendor. Installation must be done by qualified licensed contractors per
RFP (revised 9.7.] 2) Page 38 ofG3
RFP #121051IDA
local and state Building and Electrical Codes. It is expected that Vendor will work with HCDE or the HCDE member/property
owner(s) to ensure that each charging station is sited optimally.
3. Vendor Qualiftcations
The minimum vendor qualifications are: ,
• The Vendor must regularly and continuously be engaged in the business of providing EV charging station equipment
(EVSE) for at least three (3) calendar years.
• The Vendor must possess aU permits, licenses and professional credentials necessory to supply the products and
perform the services ~ specified Wlder the RFP.
4. Product Specifteatlons
Vendor(s) are to provide infrastructure that complies with standard technical. operating, and safety features for EVSE
equipment. All features should comply'with the most stringent SAB, NEC and UL standards, providing the greatest value and
safety to the property owner and user. These minimally include:
• LeyeI II connectors compliance with the Society of Automotive Engineers (SAE) J 1772 standards and applicable
NRC codes
• AU EVSH eqUipment is compliant with SAE J2836 and 2847, and is upgradable for enbanced vehicle to grid (V2G)
communication.
• Thccharging unit is validated and has been certified by Underwriters Laboratories (UL) or an equivalent certification.
• The enclosure is compliant with the International Blectrotechnical Commission (lEC) 61851.
.• The unit is compliant with National Electrical Code (NEe) 625. ,
• All resulting publicly accessible EVSE Inlhlstructure sites must be accessible at least 12lJours per day. 7 days a week,
365 days a year or other specified timing by HCDS member.
• EVSE installations must include a kWh meter. BVSE units must be equipped with a system to identify the vehicle
chmging at dle BVSB and the total number of kwh charged to each vehicle utilizing the EVSE.
5. Operating EnviroDment Standards:
AC Level n charging will have:
• 20S to 240 VAC. 1 phase
• ,Maximum Current Input of $80 A
• Output of30A
• Branch circuit Breaker rating to comply with NBC 625
6. Pbysical SpecifacatioD5 & Hardware:
• Exterior -Metal shell adequate to withstand indoor and outdoor environments
• Charging Cord and Connectors -Level II connectors with the J I 772 Standard Connector
Cords and connectors to be included in the BVSE package with the ability to be replaced In the case of damage or
~hniC81 upgrade. '
• Ability to lock and release cord to avoid tfteft
• Authorization of Users -Users (customers) will interface with a secure method (e.g. RFID card reader) to authorize a
charging session.
• A phone number for user support is to be provided on the charging station for support.
Physical Hardware will include the following:
• AU wiring, hardware, circuitry and internal components necessal'Y to charge an all electric vehicle (EV),
• Plug-in hybrid (PHEV). neighborhood electric vehicle (NEV), and electric motorcycle or scooter.
• A Ch'Cuit Card Interface Device (CCID) to l'ecognize an RFID card
• A Ground Fault Circuit lnten'Upter (GFCI) to prevent electrocutions
• Utility grade metering -energy metering chip
• J 4 gauge steel construction -Seams continually welded and ground smooth
RFP (revised 9.7.l2) Page 39 of63
RFP f/1210511DA
• Oil-resistant gasket
• Col1ar studs provided for mO!JRting optional panels
• 900 opening door with zero clearance, 1200 opening with fuU clearance
• Removable arid interchangeable doors .
• . Latches are opened or closed with a screwdriver -(optional tamper-resistant inserts available)
• Mounting holes in back of enclosure
• RemovabIe print pocket
• Ground studs on door and body
• RoIled lip around all sides
• Optional mounting feet and door bardware available
• Finish-White epoxy polyester powder coated inside and ANSI61 bigh solids re-coatable gray finish oll1Side over
phOSphati2;ed surfaces. Optional panels are powder coated white epoxy polyester.
7.IDtemal TechaoJogy/lndustry Standards:
NEMA Type 4, UL. CSA, TUV Bnd lEe Approved
• C~mties to charge for parking
• Software will include or .be designed for -A wireless interface .
• An internal computer with sufficient memories for future upgradability
• Data coriununications architecture that supports smart charge management appllcatioos
• A :f1rmware upgrade that can be performed remotely without disturbing the EVSE operations.
• Interoperability with existing car navigation systems to display available stations
• The necess.ry conneotivity and software upgradabUity for impending V2G technology.
User Interaction requirements will include:
• The ability to be accessed by nonnetwork subscribers (through a phone number, for exampJe)
• A notification of the level of char.ge (or if intetTIJption has occurred)
8. Network Maaagement
• Web PortallHandheld Device will be designed to open.charging units remotely
• Manage subscription plans and policies, Including billing and reconciliation for hosts and subscn'bers;
• Ability to set individual and group charging preferences/impose policies;
• Realtime control in case thercr is a need to override a charging profile;
• Generation ofreporls for users, owners, utilities, etc..
• Communication to users via multimedia (text message, email, web portal, etc);
• Remote system monitoring through the web portal (SMS, Text or email) and notification of events (in lise; finished
charging. interrupted charging; ope@tionaI failure, etc); .
• Ability .for users (drivers) to locate charging stations via web portal;
• Network Data Security -The web portal opet'tltes on a secured network, for example ASS 1281256 encryption meets
the US Federal Information'Processing Standardi7ation (FIPS) PUB f97,
csrc.nist.govlpoblications/ftps/fips197/fipsI97.pdt:
9. Load Managel1leat
• The charging network: wiJI have the ability to work with utility programs such as demand response plans. oflPeak
plans. etc., to reduce energy costs;
• Remote load management will be possible;
• And the host can set policies including load limiting.
UP (revised 9.7.12) Page 40 o~63
10. Product Safety
All units will include:
• The ability to stop flow of power through the unit when it is not in use
• An overcurrent protection to prevent vehicles from drawing too much power.
11. Data Collection Abilities
Plug-in electric Vehicle ~EV) vehicle information, including:
• Vehicle Identification Number (VIN);
• State of charge before and after each charging session.
BVes infbrmatlon, including:
• Station utilization rate during various times of tile day and days of the month;
• Authorization requests and responses;
RFP f;!t2l051IDA
• Charging data (subscriber, location, kWh used, and start and stop time) for each charging session;
• Station status and health monitoring,
• NumberofGPCI Trips and Resets;
• prug out detection;
• Over current detection and handling;
• Nttmber of reboots due to power outage or circuit breaker tripping and resetting;
• Tampel;ng information (e.g. Vandalism events -opening door, cutting cord);
• Amount of fuel and greenhouse gas (GHG) savings;
• Number of times circuit loading and balancing were required;
• Inventory of stations (location, model, hardware/software vet'Sions, etc);
• Revenue generated per station;
• Demand response events;
Usage Information to be collected per station will include;
• Time;
• Energy consumption;,
• Revenue collected;
• CUITent stDred energy load in the battery c9nnected to the charging station;
• Maximum amount of energy that will be charged based on battery size;
• GHG emissions saved;
• The system will collect time and dates of charging acti vities, demand response events, and vehicle information, and
must comply with all State and Federal regulations.
Industry Definitions:
EVSE -For Electric Vehicle Supply Equipment (EVSB), the actual "charger" is generally insta1led in the vehicle and the
EVSE includes aU the equipment needed to safely convey AC grid power (or distributed generation power) to the onbollrd
charger. An essential EVSE component is a "charging slation" designed to ensure that a safe connection has been made
between the grid and the vehicle, and to communicate with the vehicle's control system so that electricity flows at an
appropriate voltage and current level.
PEV -Plug-in electric vehicles -inc:llldes aU electric vehicles and hybrid electric vehicles.
Level r EVSE -A charging method that allows an EV to be connected to the most commonly available grounded electrical
outlet (NEMA 5-20) with power levels rated at less than or equal to 120 VACI20 amps.
Level II EVSE -A charging method that allows an BV to be connected to permanently wired EVSE with a specialized
connector (SAE Jt772) with PQwer levels rated at less than or equal to 240 VACIIOO amps.
RFP (l'evised 9.7.12) Page 4 I of63
I . !
RFP #12lO511DA
Level DI EVSE -Fast charging station providing 200 to 45()oc output for a maximum of 60kW capabJe of charging EV
batteries in under 30 minutes.
Smart Charging ~ A web~based system that collects and can securely transmit data (such as energy consumed. demand
charging, time of day charging and other infonnation) and that has revenue grade commerce capacity.
VlG Vehlele-to-grld (VlG) -A system in whieh electric or plug-in hybrid vehicles communicate with the power grid to sell
demand response services by either delivering electricity into the grid or by throttling down their marging J'8IB duriog periods
of high demand or high electric cost.
V2G Vebicle-t9-grid AaregatioD -Utilizing multiple PEVs in a V2G application to create a Jarge supply of electricity to be
sold bade to the grid during periods ofhigh demand and recharged during periods of low demand or a system to throttle down
the .obarging of multiple PRY's to reduce electric load during periods of high demand and or (;ost. These are typically done
through an Bnergy Service Company (ESCO).
Demand Respoase -A mechaDlsm to manage ~mer consumption ofeJeclricity in response to supply conditions sw:b 85
curtailing power used under conditions of tight electricity supply or high pricing thereby reducing the peak demllpd for
electricity. The use of an energy management system to control the EVSE to take advantage of fluctuating prices in the market.
Distribated Goention -A 1c:icaI source of electric generation that is used to repIacc or supplement eleotric supply &om tbe
grid. Examples include small wind generation. photovoltaic systems, miCJ'Oooturbfnes, combined heat and power systems. and
tuel cells.
Smart Grid lategratioa " A communk:atioa conneCtion that allows the BVSB to connect to uiiI~ based advanced metering
infi'astructure netWorks or other systems to enable Ihe EVSH to inerease or decrease the rate of charging of PEYs depending
upon factora such as electricity cost or demand on the grid. 'T1Ie purpose of such smart charging integration is to minimize
impacts to the power supply ~ and/or take adlrantage of energy price incentives.
Type 4 Enclosllres -Constructed for either indoor or outdoor use to provide a degree of protection to personnel against
, incidental contact with tbe enclosed equipment; to provide a degree of protection against &lling dirt, ram, sleet, snow,
windblown duat," splashing water, hose-direcl:ed water; on the enclo.sure. NBMA -2S() 1997.
SAX -Society of Automotive EngIneers.
Underwriters Laboratories -(UL) is an independent product safety certification organization.
RFP (revised 9.7.12) Poge42 of 63
I . ,
1
ATTACHMENT B
Choice Partners Purchasing Cooperative &
Harris County Department of Education
CONTRACT PRICE AND QUOTE
Thomas F. Pepe -01-11-16
Page 50fS
Service Plan. Available ror purchase when ASSURE31 $ 910 5% $ 865
purchase when combined with
349 5% $
;~~~1~~~~~I?brJ'~frr:Vici?P!a)}s -: ,"--, : -. " ,: :' ,--.,,", -Tile' _COmrr1~1 mijl' Pliill:ls"desigf18cl for -eilli)loy-el'~', bllsllli;ss(~ and -lill! 9l)V(orllillelil,-this ii!an iIlCllirJes:'j2,~?~36~~,
9JJ,\!9~:~1.m8pr!, a~q~.~~, conll 01. g\'lileral rel?Ortlng, OWl, upgrade,s, payrllf!"i jlrOGe,S~II1~J, flexible pfl(-!II[J.pOIr~ les, reselvail('lls and,mole, ' , ,:: ... " ");jj
~!J,lK:~~}:~~,:;~,?~-=:""-,:'-~-~' :'-:"" :~,:~~~':,-'--"-~':~':-.-" ':::'.--"_'~' .. ".-,,:-."~--~_ '-~:-'""r -'~' .-~-" .. _ .. _ .. -~:---,-.. :-~ --"'.-:.~."~ -~~~:';~L~)~~~
------------. ---_ ...
year of ChargePolnt Assure for the Express 100 billed at
CI"F2!>-1 , R-CMK Dual output,
2291 5%
and 50%
off Activation.
Building Value
Proposal # KCU22i6·01
Date: -January 31"2017
CUSlome" City of S. Miami.
Steve KuRek, C;P .M.
Chief Procurement Officer
Scope DfWorlc
1) ProVide·(1) Cha'lePoint CT4021 dual bollaRl.sateway.unit
2) Prlcinj baSed. cOncurrent With HCOECoop Catalog plusaddltlonalS96dlseount
3) UtlllU!mdStlngpamif.andpnwlde/lnstali (2) 400 breakerS
4) Run 1"emt ccindult over and doWn In electric room
5' cutand~nch through :zOo.cif conerilt,e
6) Set air charglrig lIIIit
7) Set prOtectIv!! boYard
8) losiatl patch con rete
EV Charging Station Proposal
Please NOte thlsprlcf;,g dOesnoUncludJe permits. ThoSe will he billed separately as costs are unknown at this time.
All work to belJl!ffonned during normal business hours,M-F 8aIn-4:30pm local time.
El!dUSloilslciaril!cat!oas:
l}DDesnotindude PIinnIts. or aildilianal ,.qulrem2nlSrram 2DI1ingl .... e..ar preW1ussile problems with the municipalities
2) Do!snoUncllide.abatenient.of "-cIous rnalllrials thaullliy.bedlsCOvered duringtlle eouneof thepro)ect
ABM Electrical Power Services
152 Technology Drive
Irvine, CA. 92618
Mobile 949.241.5278
kevin.c.hiistopher@abm.com
SltolD: City of S. Miami
6130 Sunset Drive
SOuth Miami. Fl33143
(305) 663-6339
skulick@southmiamifl.gov
3) A! 1imes;:sfgo)3I ~1IOSIlng anle"""eare requlredf., thewl,.less fealureS "I somacl)argins .5\;IUoO$ to funetlen propeiJy. During the original site visit wi!malra.!!Vei'Y effatt to llelt!ui>irili lhe1li!ed for·sIjpIal
boosillig antennae.,H_;eveR 1f,lgnaIboosUng anlennaearenotlncludedwUhthls quote.' need :cauldarlse In the future. Due to the nature ofcelluiar _rks possibleln\erlei'ence;indRl!f!ofslihr
oII5Itutiions coIIIdcreate the need for scm" anlennae. OnCe Ihe bm3lIationofthe charging $tallon(s) t.a. bean completed, the functionality of thewireJess n_k c:apabmlies wlUbetested.· Ifatthatllme.ar
any lime thete;Ifter It IS detennlned signal bOostIng .... tenn..; .'!i reqillfI!d .... pame quote wiD be pnNIded. .
HCDEPridng
HCDE Pricing
Piirt Numb.er
CT4021-GW
CTSw,SA$iNOS<0MM
InStaUatiorHt3
InstaDation-1t4
InstiiJlation-/!5 &/18
Instanation-IS &118
Insta"atlon-116
Installation-#7
QlY.
1
2
1
1
1
1
1
1
I 1
DeScription Price Each
Chal1el'QintDua! Bollard G;rteway Unit $
qhargeP6jnt CqmlOertial N~qrk-lyear ,prepaid per port per year $
Provldeaitd .inmill (2) 40a breaker $
Pl'Oi!i~eand .In~1I1 ~ EMT conduit -90' from existing panel to station location $
CiltandtrencMhniugh:2.0· of concrete',labor $
Cut and trench'thn:iUgli 20'of concrete material $
Set charging unit $
Provide and·lnstall concrete bollard $
SUBTOTAl:
Customer Tax Exempt
IShipjling & Handling $
Total:
Pagel
Ext. 'Price
5.768.00. $ 5.768.1)0
2$O:il!l $ SOIl.OO
55o..a,4 $ 5SQ.84
2.135;35 $ 2;'13535
8S$;Op $ 855.00
57Q:@ $ SIQ.OO
815.00 $ 815.00
823.8;i $ 823.81
$ -
$ 12,0l8.00
'$ -
225.00 $ 225;110
$ 12.243,00
I
ABM Electrical Power Services (ABMEPS)
Terms and Conditions
Terms of Payment: 1. Terms are net thirty (30) days. Any invoice not paid within thirty (30) days from the date of invoice will be subject to a
service charge equal to the lesser of One and One-half percent (l.S%) per month on account balances or the malCimum percentage permitted by
law. 2. At ABMEPS's option, customers may be Invoiced on a monthly basis for services provided over more than one month. 3. All pricing and
payment terms contained herein are contingent upon a favorable Credit Report for the customer/client to whom this quotation is provided.
Upon receipt of a less than favorable credit report ABMEPS resetVes the right to withdraw this proposal. modify the pricing. or require payment
when services are rendered. or advance payment of the total Job quotation before providing services. 4. For material purchases in excess of
$50,000. ABMEPS reserves the option to invoice SO% of the total at the time of material order and .the remaining 50% at the time of material
delivery. S. Customer agrees to pay ABMEPS. to the extent permitted by applicable law. all costs and expenses. including but not limited to
reasonable attorney's fees. incurred by ABMEPS in connection with any collection activities or actions to collect unpaid invoices under this
quotation.
Delays: ABMEPS shall not be liable for delays or performance reSUlting from causes beyond Its reasonable control. acts of God, acts or
om issions of Buyer, fire. strike or other labor difficulty. Should there be a delay. the date of delivery or performance shall be extended.
Cancellation: Notice of cancellation of services to be performed must be received thirty-six (36) hours prior to the agreed upon date and time.
Unless such notification is provided, charges will be incurred. These charges will be ABMEPS's cost plus ten percent (10%) and will Include any
rental equipment for the Project.
Disclaimer: ABMEPS assumes no responsibility for any damage or injury to any property caused directly or indirectly as a result of ABMEPS
performing its duties under this agreement except such damage or injury that may be held to result solely and directly from or out of: Any grossly
negligent performance by ABMEPS in its obligations under this Agreement or any willful misconduct on the part of ABMEPS, its agents or
employees.
Raponsibillty: All services are performed in accordance with industry standards, project Slleclfications and/or NETA specifications. Where
remediation is beyond the scope of normal reliabilitV testing, and where corrective action is required. such services will be quoted separately.
Assisnment: ABMEPS reserves the right to assign this project in part or In total to an afflUated entity.
Termination: An order may be terminated only by mutual written agreement between Buyer and ABMEPS and only upon payment of costs and
expenses already incurred by ABMEPS.
Safety: ABMEPS agrees to comply with all applicable federal, state, local, National Electric Codes and project safety rules and regulations.
ABMEPS reserves the right not to perform work that in its opinion violates OSHA Electrical Safety-Related Work Practices; Final Rule or other safety
rules and regulations.
Standby rRne: When ABMEPS service personnel are on the job site but unable to perform services requested because of circumstances beyond
ABMEPS's control, the customer will be charged standby time at the applicable rate for each such ABMEPS service person (up to a maximum of
eight (81 hours per day per person). .
liability: ABM Electrical Power Services and its contractors and suppliers of any tier, shall not be liable in contract, in tort or otherwise for
damage or loss of property or eqUipment. loss of profits or revenue, loss of use of equipment or power system. cost of capital, cost of purchased
or replacement power or temporary equipment (including additional expenses incurred in using existing facilities), claims of customers of Buyer,
or for any special, indirect, incidental, or consequential damages of any kind. whether arising in or based on contract, tort, statute, strict liability,
warranty or otherwise.
Warranties: Ali material and equipment delivered and/or installed will be the products of reputable manufacturers. ABMEPS MAKES NO
WARRANTY, EXPRESS OR IMPLIED. INClUDING WARRANTIES OF MERCHANTABIUlY AND FITNESS FOR A PARTICULAR PURPOSE WHICH ARE
HEREBY EXPRESSLY EXCLUDED, CONCERNING MATERIAL AND EQUIPMENT MANUFACTURED BY OTHERS. ABMEPS sells and delivers all
materials and equipment not manufactured by it "AS IS," but ABMEPS will use its best reasonable efforts to obtain from the manufacturer, in
accordance with the manufacturer's customary practices. the repair or replacement of any material or equipment which may prove defective In
workmanship or material. The foregoing shall be the exclusive remedy of Buyer and the sole obligation of ABMEPS with respect to material and
equipment manufactured by others. To the extent permitted by law. ABMEPS warranties its labor for one (1) year and any materials obtained
from ABMEPS's inventory carry a ninety (90) day warranty.
Page 2
We Instruct ABM Electrical Power Services, LlC (ABMEPS) or subsidiaries to proceed with scheduling
and performing the work described In the attached proposal.
• ARMEPS PropclSlll Number: _____ _
project SIte Addnass(es):, _____________________ _
• Authorized Project Amount: $, ______ Proposed Date to Begin Work: _____ _
~jectCOmmenbJNotes: ___________ ~ ________________________________ _
Site Contact Name: _______________ Site Contact Phone: ________ _
AUTHORIZAnON m PROCIm REQUIRED
.. QakmmU~~S~w.: __________________________________ __
Printed Name & 11t1e: _______________________ _
Date: ________ Phone: _____________ Email: _______________ __
BIWNI INFORMATION REQUIRED
ASMEPS is instructed to bill this project per the pricing outlined in the proposal accordingly:
.. Pun:hase/Service order or Contract Number Is (Marie one): DRequlred on Invoice DNot Required
If Required. ProvIde Number HeAt: ______________________ _
~1.I .. NmnE ________________ ~-----------------
Ul .. ~, ________________ --------------------
Sillme City, State, Zip Code: _________________________________________ _
Accounts Payable Contact:, ______________________________ __
AP phone Number:, ___________ AP Email Address: _____________ _
Email Address Forlnvaioe Prcllllssilll= ___________________________ _
,. Please help streambne invoicing by providlnB an email address for inwJce processing
.. ABMEPS Project Authorimtion Sipatura: _______________________________ _
.Terms anti CancIiti.B:
The attached ABM E1ectr1ca1 Power 5enIices, LLC Terms and Conditions will apply. Authortzationto proceed with the
work outlined in this quotation shall constitute SIte Host ('"Buyer's"', acceptance of these terms and conditions In full.
Oral authorizations to proceed must be confirmed to ABMEPS In writing (Fax or tHnail) before project start. If there Is
a conflict or disl:repanty between terms and conditions In the Buyer's purdlaseauthorlzatlon and this quotation, this
quotation shall prevail unless specifically authorized, in writing, by ABM Electrical Power SI!tvices.LLC.
The information contained in this proposal is considered to be of a confidential and proprietary nature. the riShts of which
belong to ABM and are protected under copyright and trade secret laws. This information Is belng provided to the
purchaser to evaluate AIM's proposal and performance should a contract be awarded to ABM. Neither this proposal nor
any Information contained therein nor any proprietary information furnished pursuant thereto. shall be d.lsdosed to others
or used for any purpose other than set forth above without the prior written approval of AIM. If you should have any
questions, please feel free to contact us at (866) 22(;,2838.
Sincerely.
KentB. Ellis
Sr. Account Executive,
949-344-1698 mobile
Page 3
,.". CHOICE
"' ... PARTNERS
place of business in this
in this state
CP EVALUATION FORM
Electric Vehicle Charging Stations
Solicitation No. 121051DA
13 13
o o
3
10
o
4
o
·Value-Add -is other products and services that will enhance and add value to the contract for HCDE and HCDE
members. HCDE/CPC reserves the right to accept or reject additional-proposed services or products in the
best interest of HCDE and HCDE members.
RFP was advertised in accordance with the Texas Government Code 2267
It is recommended that the following awards of ann!-lal contract(s) be made:
Contract:
12/051 DA Electric Vehicle Charging Stations
Evaluation Committee:
Derek Gillard (Choice Partners)
Phillip Barker (Choice Partners)
Nathan Jones (Technology)
12/051DA-01
12/051 DA-02
ABM Building Services
LVI Energy
519/2017 Detail by Entity Name
, DJVlillON uj r JD" :rl"t")C-,-,j'1 \ rfl'[f',\,\:r,til "-,,. " ,J.U ~J.:V.1...!. .... -VJ.\J,£)
~.-::;g;;-=,~",iI:,,' , Iu/,alfie/af b'mffV)'fMit/f/ )Vi!IJJ1~e
Department of State I Division of Corporations I Search Records I Detail By Document Number I
Detail by Entity Name
Foreign Limited Liability Company
ABM ELECTRICAL POWER SERVICES, LLC
Filing Information
Document Number
FEIIEIN Number
Date Flied
State
Status
Principal Address
4390 Parliament Place
Suite Q
Lanham, MD 20706
Changed: 04/15/2017
Mailing Address
4390 Parliament Place
Suite Q
Lanham, MD 20706
Changed: 04/15/2017
M14000000241
20-3180504
01/14/2014
DE
ACTIVE
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
Authorized Person(s) Detail
Name & Address
Title Member
ABM Electrical Power Solutions, LLC
4390 Parliament Place
Suite Q
Lanham, MD 20706
Annual Reports
Report Year
2015
Filed Date
04/12/2015
DIVIS10N OF CORPORATIONS
http://search.sunbiz.orgllnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntltyName&directionType=lnitlal&searchNameOrder=ABMELECTRICAL..1/2
51912017
2016
2017
Document Images
04/02/2016
04/15/2017
Detail 'by Entity Name
04115/2017 -ANNUAL REPORT! View image in PDF fonnat ----------.l
04/0212016 -ANNUAL REPOR(----Vie;-i~age·in PDFfonnai "'''--1
04/1212015 -ANNUAL REPORTC View image in PDF fonnat -]
01/14/2014 Fornign limited View image in PDF fonnat -I
Aoriaa Department of State. Division of Corporations
http://search.sunbiz.org/lnquiry/CorporationSearchfSearchResuItDetall?inquirytype=EntityName&directionType=lnitial&searchNameOrder=ABMELECTRICAL.. 212
2017 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT
DOCUMENT# M14000000241
Entity Name: ABM ELECTRICAL POWER SERVICES, LLC
Current Principal Place of Business:
4390 PARLIAMENT PLACE
SUITEQ
LANHAM, MD 20706
Current Mailing Address:
4390 PARLIAMENT PLACE
SUITE Q
LA~HAM, MD 20706 US
FEI Number: 20-3180504
Name and Address of Current Registered Agent:
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324 US
FILED
Apr 15, 2017
Secretary of State
CC5206690715
Certificate of Status Desired: No
The above named entity submits this stetement for the purpose of changing Its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Authorized Person(s) Detail:
Title MEMBER
Name ABM ELECTRICAL POWER
SOLUTIONS, LLC
Address 4390 PARLIAMENT PLACE
SUITEQ
City-State-Zip: LANHAM MD 20706
Date
I hereby certify /he/the information indicated on Ihi. report or supplemental report Is (rue and accurate and that my electronic signature shall have the same legal effect a. if made under
oath; that I am a managing member or manager of the limNed liability company or the receiver or trustee empowered to execute this report as required by Chapter 605. Florida Stetutes; and
that my name appears above, or on an attachment with all other like empowered.
SIGNATURE: ABM ELECTRICAL POWER SOLUTIONS, LLC MEMBER 04/1512017
Electronic Signature of Signing Authorized Person(s) Detail Date