HomeMy WebLinkAboutbocc.con.197.2019 41T K I N Pitkin County
COUNT Procurement Cover Sheet
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Contract Information
Contract Number 197.2019
Project Name Solar System Install at Lazy Glen Barn
Contractor Sunsense Solar
Budget Line Item 118.75.02301.86230 $
$Additional Budget Line $ _
Item(s) $ _
(Please fully allocate New Contract Total)
$
Procurement Method: Informal
Type: Construction
Contract Start Date 7/1/2019
Contract End Date 3/31/2020
Contract Type New Contract
Retainage No
If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form.
Contact Information: _
Department Open Space & Trails
County Representative Ted O'Brien County Representative (970) 429-6130
Phone
Provide a brief description of the contract:
Construction of a turnkey solar system at the Lazy Glen Barn
Contract Value Summary:
Original Contract Amount $ 42,320.00
Previous Change Order/Amendment Amount $This Change order/Amendment amount $New Contract Total $ 42,320.00
NOTE: Clerks Office will keep original documents in compliance with Colorado State Archives retainage
Contract#: 197.2019 Rev. 2018.10.10 btf
Budget Line Item#: 118.75.02304.86230
PITKIN COUNTY, COLORADO
INFORMAL PROCUREMENT MEMORANDUM
TO: File
FROM: Ted O'Brien-Resource & Trails Manager
RE: Informal Procurement under$50,000
DATE: May 23, 2019
Description of Project: Solar System Install at Lazy Glen Barn
Budgeted Amount: $40,000.00
On project list approved by BOCC: Choose an item.
Contractors Contacted: Aspen Solar, Sunsense Solar, Sol Energy
Proposals Received:
Vendor Name Proposal Amount Timeline Other Information
Aspen Solar $28,775.00 Summer/Fall 2019 10.08 KW system
Sunsense Solar $39,220.00 Summer/Fall 2019 18.24 KW system
Sol Energy $42,013.00 Summer/Fall 2019 16.74 KW system
Firms chosen: Sunsense Solar, 18.24 KW system is best design for offsetting 100% of energy
costs despite possible future increases of energy use and/or shading,winter weather, etc.
The AC Electrical scope of work was added after the informal procurement method was used
to choose a contractor. Final Quote was $42,320.00 as in the contract- County Procurement
COUNTY REPRESENTATIVE:
05/23/2019
Date
Contract# 197.2019 Rev.2018-10-10 btf
Budget Line Item# 118.75.02304.86230
41)Ii1'KIN
COUNT
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PITKIN COUNTY CONSTRUCTION CONTRACT
THIS CONTRACT, made July 1, 2019 by and between the Board of County Commissioners of
Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the
"County") and Sensense Solar, 1629 Delores Way, Suite E, Carbondale, CO 81623 (hereinafter
called the "Contractor") to perform the following work: Solar System Install at Lazy Glen Barn
("Project").
I. Term of Contract: The term of this Contract is from July 1, 2019 to March 31, 2020.
II. Scope of Work and Work Schedule:
A. Scope of Work: Please reference Exhibit A—Revised Quote for the entire scope of
work which includes but is not limited to:
1) Procure and install a 18.25 DC kW turnkey solar system at the Lazy Glen
Barn located at 99 North River Road, Snowmass, CO 81654.
2) System is to include forty-eight(48) 380-Watt modules and two (2) 7,700
Watt inverters. Monitoring hardware is included as well.
3) All design, permitting and permits, assessments, inspections, and
commissioning is included.
B. All work performed under this Contract shall be done according to the following
work schedule:
1) Please reference Exhibit A — Revised Quote for an example project
timeline. It is assumed the project will be completed in a six (6) month
duration.
III. Payment: The County agrees to pay, and the Contractor agrees to accept, in full payment
for the performance of this Contract, the total price of forty-two thousand, three hundred
twenty dollars and zero cents ($42,320.00) in accordance with this Contract, subject to
increase or decrease in accordance with the provisions of this Contract; but any payment
by the County may be offset by any amount the Contractor owes the County for any reason.
A. Payment Procedures
1) Contractor shall submit applications for payment monthly for work
done to date.
2) Progress payments for Contracts exceeding one hundred fifty
thousand dollars ($150,000.00)
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a. County shall make progress payments, within thirty (30) days of
County's approval of Contractor's pay request.
b. In accordance to amend Section 2 Colorado Revised Statutes
(C.R.S.) § 24-91-103, for contracts exceeding one hundred fifty
thousand dollars($150,000.00)and if the Contractor is satisfactorily
performing this Contract, progress payments shall be in an amount
equal to ninety-five percent (95%) of the calculated value of
completed Project work. If, in the opinion of the Project Lead and
County, satisfactory progress is not being made on the Project, or if
claims are filed under Section C.R.S. § 38-26-107, as amended,
County may retain such additional amounts as County may deem
necessary to assure completion of the Project or to pay such claims
and any Project Lead's and attorney's fees reasonably incurred or to
be incurred by County in defending or handling such claims. The
withheld percentage of the Contract Price shall be retained until the
Project is completed satisfactorily and finally accepted by County in
accordance with the provisions of this Contract. Progress payments
shall not constitute final acceptance of the Project.
3) County shall make final payment, including release of retainage,to
Contractor in accordance with this Contract and Section C.R.S. § 38-26-
107, as amended.
IV. Contractor Obligations:
A. Supervision and Superintendence
1) The Contractor shall supervise and direct the Project competently
and efficiently devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Project in accordance with this
Contract. The Contractor shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The
Contractor shall be responsible to see that the finished Project compiles
accurately with this Contract.
2) The Contractor shall appoint and identify to the County and Project
Lead, a competent on-site superintendent to be kept on the Project at all
times during its progress and who shall not be replaced without written
notice to the County and the Project Lead except under extraordinary
circumstances. The superintendent will be the Contractor's representative
at the site and shall have authority to act on behalf of the Contractor. All
communications given to the superintendent shall be as binding as if given
to the Contractor.
B. Subcontractors, Suppliers and Others
1) The Contractor shall not employ any subcontractor, supplier or
other person or organization (including those acceptable to the County and
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the Project Lead, whether initially or as a substitute) against whom the
County or the Project Lead may have reasonable objection.
2) The identity of subcontractors, suppliers or other persons or
organizations including those who are to furnish the principal items of
materials and equipment must be submitted to the County in advance of any
work performed or materials supplied under this Contract for acceptance by
the County and the Project Lead.No acceptance by the County or the Project
Lead of any such subcontractor, supplier or other person or organization
shall constitute a waiver of any right of the County or the Project Lead to
reject defective Project work.
3) The Contractor shall be fully responsible to the County and the
Project Lead for all acts and omissions of the subcontractors, suppliers and
other persons and organizations performing or furnishing any of the Project
work under a direct or indirect contract with Contractor just as Contractor
is responsible for Contractor's own acts and omissions. Nothing in this
Contract shall create any Contractual relationship between the County or
the Project Lead and any such subcontractor, supplier or other person or
organization, nor shall it create any obligation on the part of the County or
the Project Lead to pay or to see to the payment of any moneys due any such
subcontractor, supplier or other person or organization except as may
otherwise be required by laws and regulations.
4) All Project work performed for Contractor by a subcontractor will
be pursuant to an appropriate contract between the Contractor and the
subcontractor which specifically binds the subcontractor to the applicable
terms and conditions of this Contract for the benefit of the County and the
Project Lead.
C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties
and assume all costs incident to their use in the performance of the Project or the
incorporation in the Project of any invention, design, process, product or device
which is the subject of patent rights or copyrights held by others. Contractor shall
indemnify and hold harmless the County and the Project Lead and anyone directly
or indirectly employed by either of them from and against all claims, damages,
losses and expenses (including attorney's fees and court costs) arising out of any
infringement of patent rights or copyrights incidental to the use in the performance
of the Project or resulting from the product or device not specified in this Contract,
and shall defend all such claims in connection with any alleged infringement of
such rights.
D. Permits. Unless otherwise provided in this Contract, the Contractor shall obtain
and pay for all construction permits and licenses. The County shall assist the
Contractor,when necessary,in obtaining such permits and licenses. The Contractor
shall pay all governmental charges and inspection fees necessary for the
prosecution of the Project. The Contractor shall pay all charges of utilities for
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connections to the Project, and the County shall pay all charges of such utility
owners for capital costs related thereto such as plant investment fees.
E. Laws and Regulations. The Contractor shall be familiar with and shall comply with
all federal, state, and local laws, ordinances, rules, and regulations applicable to
furnishing and performance of the Project including rules, regulations, and
ordinances the County promulgates at any time. Except where otherwise expressly
required by applicable laws and regulations,neither the County nor the Project Lead
shall be responsible for monitoring the Contractor's compliance with any Laws or
Regulations.
F. Taxes. The Contractor shall pay all existing and future applicable federal, state and
local sales,consumer,use and other similar taxes whether direct or indirect.Federal
excise tax may not apply to materials purchased by the County. The Contract price
shall include all other federal, state, and/or local direct or indirect taxes, which do
apply. The Contract price shall include the cost of compliance with all other Federal
Laws and Regulations at no additional cost to the County (except as provided in
this Contract). The Contractor shall not be reimbursed separately for any taxes,
which may apply except as provided in this Contract, and the Contractor shall be
responsible for all taxes,which may apply. The County is tax exempt from Federal
Excise Tax and Colorado State or local sales or use taxes. The Contractor and its
subcontractors shall apply to the Colorado Depaitinent of Revenue for a Certificate
of Exemption indicating that the Contractor or subcontractor's purchase of
construction material or building materials is for use in a building, structure, or
other public work owned and used by the County.
G. Use of Premises.
1) The Contractor shall confine construction equipment,the storage of
materials and equipment and the operations of workers to the Project site
and land and areas permitted by this Contract, law,ordinances,and permits.
The Contractor shall assume full responsibility for any damage to any such
land or area, or to the County or occupant thereof or of any land or areas
contiguous thereto, resulting from the performance of the Project. Should
any claim be made against the County or the Project Lead by any such
owner or occupant because of the performance of the Project, Contractor
shall promptly settle with such other party. The Contractor shall, to the
fullest extent permitted by Laws and Regulations, indemnify and hold the
County harmless from and against all claims, damages, losses and expenses
(including, but not limited to, fees of engineers, architects, attorneys and
other professionals and court costs) arising directly, indirectly or
consequentially out of any action, legal or equitable, brought by any such
other party against the County or the Project Lead to the extent based on a
claim arising out of the Contractor's performance of the Project.
2) During the progress of the Project, the Contractor shall keep the
premises free from accumulations of waste materials, rubbish and other
debris resulting from the Project. At the completion of the Project, the
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Contractor shall remove all waste materials, rubbish and debris from and
about the premises as well as all tools, appliances, construction equipment
and machinery, temporary structures, stumps or portions of trees, and
surplus materials, and shall leave the site clean and ready for occupancy by
the County. The Contractor shall restore to original condition all property
not designated for alteration by this Contract.
3) The Contractor shall not load or permit any part of any structure to
be loaded in any manner that will endanger the structure, nor shall the
Contractor subject any part of the Project or adjacent property to stresses or
pressures that will endanger it.
H. Safety and Protection.
1) The Contractor shall be solely responsible for initiating,
maintaining and supervising all safety precautions and programs in
connection with the Project. The Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
a. All employees in the Project area and other persons and
organizations who may be affected thereby;
b. All the Project materials and equipment to be incorporated therein,
whether in storage on or off the site; and
c. Other property at the site or adjacent thereto,including trees, shrubs,
lawns, walks, pavements, road-ways, structures, utilities and
underground facilities not designated for removal, relocation or
replacement in the course of construction.
2) The Contractor shall be required to assume sole and complete
responsibility for job site conditions during the course of construction of the
Project,including the safety of all persons who may enter on the job site for
any reason and the security of all property located on the job site. This
requirement shall apply at all times during the course of the Contract and
not only to normal Project work hours.
3) The Contractor shall at all times conduct the Project in such manner
as will incur the least practicable interference with traffic and existing utility
systems. No section of any road shall be closed to the public,nor any utility
system put out of service except after permission, has been granted by the
Project Lead. Each item of the Project shall be prosecuted to completion
without delay and in no instance will the Contractor be permitted to transfer
its forces from an uncompleted Project to a new Project without prior
written notification of the Contractor to the Project Lead.
a. Unless this Contract specifically provides for the closing to traffic
of any local road or highway while construction is in progress, such
road or highway shall be kept open to all traffic by the Contractor.
The Contractor shall also provide and maintain in a safe condition
temporary approaches, crossings, or intersections with roads and
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highways. The Contractor shall bear all expense of maintaining
traffic over the section of road affected by the Project to be done
under this Contract, and of constructing and maintaining such
approaches, crossing, intersections and any necessary features
without direct compensation, except as otherwise provided.
b. The Contractor shall provide, erect and maintain all necessary
barricades,signs,danger signals and lights to protect the Project and
the safety of the public. The Contractor's responsibility for
necessary barricades, signs, and lights shall not cease until the
Project has been accepted.
I. Shop Drawings and Samples.
1) After checking and verifying all field measurements and after
complying with applicable procedures specified in this Contract, the
Contractor shall submit to the Project Lead for review and approval in
accordance with the approved schedule of shop drawing submissions, three
(3)copies(unless otherwise specified)of all shop drawings,which will bear
a stamp or specific written indication that the Contractor has satisfied the
Contractor's responsibilities under this Contract with respect to the review
of the submission. All submissions will be identified as the Project Lead
may require. The data shown on the shop drawings will be complete with
respect to quantities,dimensions, specified performance and design criteria,
materials and similar data to enable the Project Lead to review the
information as required.
2) The Contractor shall also submit to the Project Lead for review and
approval with such promptness as to cause no delay in Project, all samples
required by this Contract. All samples will have been checked by and
accompanied by a specific written indication that the Contractor has
satisfied the Contractor's responsibilities under this Contract with respect to
the review of the submission and will be identified clearly as to material,
supplier, pertinent data such as catalog numbers and the use for which
intended.
3) Before submission of each shop drawing or sample, the Contractor
shall have determined and verified all quantities, dimensions, specified
performance criteria, installation requirements, materials, catalog numbers
and similar data with respect thereto;and reviewed or coordinated each shop
drawing or sample with other shop drawings and samples and with the
requirements of the Project and this Contract.
4) At the time of each submission,the Contractor shall give the Project
Lead specific written notice of each variation that the shop drawings or
samples may have from the requirements of this Contract, and, in addition,
shall cause a specific notation to be made on each shop drawing submitted
to the Project Lead for review and approval of each such variation.
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5) Where a shop drawing or sample is required by the specifications,
no related Project work shall be commenced prior to the Project Lead's
review and approval of the shop drawing or samples.
6) The cost of furnishing all shop drawings and samples shall be borne
by Contractor.
V. Performance and Payment Bond.
A. Contractor shall furnish a performance and payment bond in the amount of one half
of the total Contract value for all Contracts over fifty thousand dollars($50,000.00),
as required by C.R.S. § 38-26-105, et seq. all Bonds shall be in the form acceptable
to the County. All Bonds signed by an agent must be accompanied by a certified
copy of the authority to act.
B. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state or it ceases to meet
the requirements of paragraph A of this Section, Contractor shall within five (5)
days thereafter substitute another Bond and Surety, both of which must be
acceptable to the County.
VI. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents, volunteers, and any jurisdiction or agency issuing permits for any work
included in the project,hereinafter referred to as indemnitee,from all suits and claims,
including attorney's fees and cost of litigation,actions, loss, damage,expense, cost or
claims of any character or any nature arising out of the work done in fulfillment of the
terms of this Contract or on account of any act, claim or amount arising or recovered
under workers' compensation law or arising out of the failure of the Contractor to
conform to any statutes, ordinances, regulation, law or court decree. It is agreed that
the Contractor will be responsible for primary loss investigation, defense and
judgment costs where this Contract of indemnity applies. In consideration of the
award of this Contract,the Contractor agrees to waive all rights of subrogation against
the County its subsidiary, parent, associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees, employees, agents, and volunteers for losses
arising from the work performed by the Contractor for the County.
B. The Contractor further shall investigate, process, respond to, adjust, provide
defense for and defend,pay or settle all claims, demands, or lawsuits related hereto
at its sole expense and shall bear all other costs and expenses related thereto, even
if the claim, demand or lawsuit is groundless, false or fraudulent.
VII. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract are
satisfied, insurance against claims for injury to persons or damage to property which may
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arise from or in connection with the performance of the work hereunder by the Contractor,
its agents,representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no
way limit the indemnity covenants contained in this Contract. The policies shall include,
or be endorsed to include, the following provision: On insurance policies where the
County is named as an additional insured, the County shall be an additional insured to the
full limits of liability purchased by the Contractor even if those limits of liability are in
excess of those required by this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient to
protect the Contractor from liabilities that might arise out of the performance of the work
under this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or
prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved
of any liability or other obligations assumed or pursuant to the Contract by reason of its
failure to obtain or maintain insurance in sufficient amounts, duration, or types.
Commercial General Liability Completed Operations coverage must be kept in effect for
up to three (3)years after completion of the project.
A. Coverage and Limits of Insurance: Contractor shall provide coverage with limits of
liability not less than those stated below. An umbrella and/or excess liability policy
may be used to meet the minimum liability requirements provided that the coverage
is written on a"following form"basis.
1) Statutory Workers' Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or subcontractor
is exempt under Colorado Workers' Compensation Act,AND when
such contractor or subcontractor executes the appropriate sole
proprietor waiver form.
Minimum Limits:
Coverage A(Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
2) Commercial General Liability—ISO 1CG 0001 form or equivalent
(With County named additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
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Personal/Advertising Injury $ 1,000,000
Fire Damage(Any One Fire) $ 50,000
Medical Payments(Any One Person) $ 5,000
Coverage to include:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal/Advertising Injury
• Products/Completed Operations
• Liability assumed under an Insured Contract(including defense costs assumed
under contract)
• Independent Contractors
• Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503
(1997 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form
2010 (2004 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language
on the Additional Insured Endorsements specified above: "County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers named as an additional
insured with respect to liability and defense of suits arising out of the activities
performed by, or on behalf of the Contractor, including completed operations".
3) Auto Liability: Bodily injury and property damage for any owned,
hired, and non-owned vehicles used in the performance of this Contract.
Minimum Limits: Statutory
Coverage Bodily/Property Damage(Each Accident) $ 1,000,000
4) Contractors Pollution Liability: The County requires this coverage
whenever work at issue under this Contract involves potential pollution risk
to the environment or losses caused by pollution conditions (including
asbestos) that may arise from the operations of the Contractor described in
the Contractor's scope of services. Policy shall cover the Contractor's
completed operations. Contractors Pollution Liability coverage (including
Completed Operations)must be kept in effect for up to three (3)years after
completion of the project.
Coverage shall apply to sudden and gradual pollution conditions resulting
from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids, or gases, natural gas, waste materials, or other irritants,
contaminants, or pollutants (including asbestos). If the coverage is written
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on a claims-made basis, the Contractor warrants that any retroactive date
applicable to coverage under the policy precedes the effective date of this
Contract; and that continuous coverage will be maintained or an extended
discovery period will be exercised for a period of three (3)years beginning
from the time that work under this Contract is completed.
a. The policy shall be endorsed to include the following as Additional
Insureds: "Pitkin County, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials,
trustees, employees, agents, and volunteers named as an additional
insured with respect to liability and defense of suits arising out of
the activities performed by,or on behalf of the Contractor,including
completed operations".
Minimum Limits:
Per Loss $ 1,000,000
Aggregate $ 1,000,000
5) Professional Liability: The Contractor shall maintain Professional
Liability covering wrongful acts, errors and/or omissions, including design
errors, if applicable, for damage sustained by reason of or in the course of
operations under this Contract resulting from professional services provided
by the Contractor as part of the Contract. Contractors Professional Liability
(Errors and Omissions)policy must be kept in effect during the project and
for up to three (3) years after completion of the project.
The policy/coverages shall be amended to include the following:
a. Coverage shall apply for three (3)years after project is complete.
b. Policy is to be on a primary basis; if other professional coverage is
carried.
Per Loss $ 1,000,000
Aggregate $ 2,000,000
6) Builders Risk Insurance or Installation Floater— Completed Value
Basis
Unless otherwise provided, the Contractor shall purchase and maintain, in
a company or companies lawfully authorized to do business in the
jurisdiction in which the Project is located, Builders' Risk Insurance in the
amount of the initial Contract Sum,plus value of subsequent modifications,
change orders, and cost of material supplied or installed by others,
comprising total value of the entire Project at the site on a replacement cost
basis without optional deductibles.
a. Policy must provide coverage from the time any covered property
becomes the responsibility of the Contractor, and continue without
interruption during construction, renovation, or installation,
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including any time during which the covered property is being
transported to the construction installation site, or awaiting
installation, whether on or off site.
b. Such Builders'Risk Insurance shall be maintained,unless otherwise
provided in the Contract Documents or otherwise agreed in writing
by all persons and entities who are beneficiaries of such insurance,
until final payment has been made or until no person or entity other
than the County's has insurable interest in the property to be
covered, whichever is later.
c. The Builders' Risk insurance shall include interests of the County
and if applicable, affiliated or associate entities, the General
Contractor, subcontractors and sub-tier contractors in the Project.
d. The Builders' Risk Coverage shall be written on a Special Covered
Cause of Loss form and shall include theft, vandalism, malicious
mischief, collapse, false-work, temporary buildings, transit, debris
removal including demolition, increased cost of construction,
architect's fees and expenses, flood (including water damage),
earthquake,and if applicable,all below and above ground structures,
piping, foundations including underground water and sewer mains,
piling including the ground on which the structure rests and
excavation,backfilling, filling, and grading.
e. The Builders' Risk shall include a Beneficial Occupancy
Clause. The policy shall specifically permit occupancy of the
building during construction. Contractor shall take reasonable steps
to obtain consent of the insurance company and delete any
provisions with regard to restrictions within any Occupancy Clauses
within the Builder's Risk Policy. The Builder's Risk Policy shall
remain in force until acceptance of the project by the County.
f. Equipment Breakdown Coverage (a.k.a. Boiler& Machinery) shall
be included as required by the Contract Documents or by law,which
shall specifically cover insured equipment during installation and
testing (including cold and hot testing).
g. The deductible shall not exceed $25,000 and shall be the
responsibility of the Contractor except for losses that involve all
Acts of God such as flood, earthquake, windstorm, tsunami,
volcano, etc.
7) Special Coverages (check as appropriate and insert amount):
a. ❑ Performance Bond $
i. 0 Labor and Material $
ii. ❑ Payment Bond $
b. ❑ Professional Errors and Omissions
c. ❑ Aircraft Liability
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d. 0 Owner's Protective
e. 0 Boiler and Machinery
f. 0 Loss of Use Insurance
g. 0 Crime, including Employee Dishonesty Coverage, or Fidelity
Bond
B. Proof of Insurance:
1) Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended,
voided or canceled except after thirty(30)days prior written notice has been
given to the County, except when cancellation is for non-payment of
premium, then ten (10) days prior notice may be given. Such notice shall
be sent directly to Pitkin County Procurement 530 E Main Street, Suite
#304, Aspen, CO 81611. If the insurance carrier will not provide the
required notice, the Consultant/Contractor and or its insurance broker shall
notify the County of any cancellation, or reduction in coverage or limits of
any insurance within seven (7) days of receipt of insurers' notification to
that effect. Simultaneously with the Certificates of Insurance, the Contractor
shall file with the Project Lead a certified statement as to claims pending
against the required coverages,reserves established on account of such claims,
defense costs expended and amounts remaining on policy limits.
2) In addition,these Certificates of Insurance shall contain the following
clauses:
a. The Contractor's insurance shall be primary and non-contributory
with any insurance or self-insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder shall
have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy.
c. Any and all deductibles or self-insured retentions in the above-
described insurance policies shall be assumed by and be for the
amount of, and at the sole expense of the Contractor.
d. Location of operations shall be: "all operations and locations at which
work for the referenced Project is being done."
3) Certificates of Insurance for all renewal policies shall be delivered to
the Procurement Department at procurement@pitkincounty.com, at least
fifteen (15) days prior to a policy's expiration date except for any policy
expiring on the expiration date of this Contract or thereafter.
4) The County reserves the right to request and receive a copy of any
policy and any policy endorsement at any time during the term of this
Contract.
VIII. Exemptions and Preferences.
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A. All purchases of construction or building or any other materials for any contract
shall not include Federal Excise Taxes or Colorado State or local sales or use taxes.
Pitkin County is exempt from such taxes under registration numbers 98-02624 and
84-78000-5K.
B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be
employed to perform the Project to the extent of not less than eighty percent(80%)
of each type or class of labor employed on such project; except for highway
construction,which is subject to C.R.S. §43-2-208,which provides that all laborers
shall be bona fide residents of Colorado with a preference to residents of the County
where the Project is performed.
IX. Protection and Restoration of Property and Landscape; Hazardous Materials.
A. Protection and Restoration of Property and Landscape.
1) The Contractor shall be responsible for the preservation of all public
and private property and shall carefully protect from disturbance or damage
all land and property, as well as any monuments and property marks until
the Project Lead has witnessed or otherwise referenced their location and
shall not remove them until directed.
2) The Contractor shall be responsible for all damage or injury to
property of any character, during the prosecution of the Project, resulting
from any act, omission, neglect, or misconduct in its manner or method of
executing the Project, or at any time due to defective Project work or
materials, and said responsibility shall not be released until the project shall
have been completed and accepted.
3) When or where any direct or indirect damage or injury is done to
public or private property by or on account of any act, omission,neglect, or
misconduct by the Contractor in the execution of the Project, or in
consequence of the non-execution thereof by the Contractor,it shall restore,
at its own expense, such property to a condition similar or equal to that
existing before such damage or injury was done, by repairing, rebuilding,
or otherwise restoring as may be directed, or it shall make good such
damage or injury in an acceptable manner.
4) Materials storage, equipment parking, vehicle parking and
stockpiling excavated materials shall be allowed only in those areas
designated by the Project Lead.
5) If the Contractor disturbs any of the landscape not called for
removal, it shall restore those areas as directed by the Project Lead at the
Contractor's expense.
B. Hazardous Materials
1) The County shall not be responsible for the cost of and the removal
or cleanup of Hazardous Materials found in any materials brought to the
Project site, after the Project site is turned over to the Contractor.
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2) The Contractor shall provide the Project Lead with a written
certification each time materials or equipment is brought onto the Project
site that such materials or equipment do not contain Hazardous Materials.
X. County Work at the Project Site.
A. The County may perform other work related to the Project at the site by the
County's own forces, have other work performed by utility owners or let other
direct contracts therefor which shall contain terms similar to these. The Contractor
shall perform and coordinate its activities with other contractors to avoid conflict
and minimize disruptions.
B. The Contractor shall afford each utility owner and other contractor who is a party
to such a direct contract (or the County if the County is performing the additional
work with the County's employees) proper and safe access to the site and a
reasonable opportunity for the introduction and storage of materials and equipment
and the execution of such work,and shall properly connect and coordinate the work
with theirs. The Contractor shall do all cutting, fitting and patching of the Project
that may be required to make its several parts come together properly and integrate
with such other work. The Contractor shall not endanger any work of others by
cutting, excavating or otherwise altering their work and will only cut or alter their
work with the written consent of Project Lead and the others whose work will be
affected. The duties and responsibilities of Contractor under this paragraph are for
the benefit of such utility owners and other contractors to the extent that there are
comparable provisions for the benefit of the Contractor in said direct contracts
between the County and such utility owners and other contractors.
C. If any part of the Contractor's Project depends for proper execution or results upon
the work of any such other contractor or utility owner (or the County), the
Contractor shall inspect and promptly report to the Project Lead in writing any
delays, defects or deficiencies in such work that render it unavailable or unsuitable
for such proper execution and results. The Contractor's failure to report such
conditions will constitute an acceptance of the other work as fit and proper for
integration with the Contractor's Project except for latent or non-apparent defects
and deficiencies in the other work.
XI. Changes in the Project and Use of Change Orders.
A. The County may, from time to time,request changes in the scope of services of the
Contractor to be performed hereunder.
1) The Project Lead shall issue a notice informing the Contractor of a
planned change in the Project and requesting the Contractor's detailed price
proposal and adjusted schedule of work. The Contractor shall submit a
priced proposal for performing the proposed change in the Project within
five (5) days of notice or such other time acceptable to both parties. When
the Contractor and the County reach agreement on the adjustments to the
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Contract price and/or Contract time, and changes in the Project, such
adjustments shall be promptly recorded in an executed Change Order.
B. All Contractor initiated change requests shall be submitted to the County and the
Project Lead in a letter or written notice with the reference notation "Contractor
Change Request". If the Contractor: (i) receives any oral or written instructions,
directives or interpretations of Contract Documents, or determinations from the
Project Lead or, (ii) identifies what it believes are design errors or omissions in the
Contract Drawings or Specifications, or (iii) encounters a differing site condition;
or, (iv)is delayed in the progress of the Project; or, (v)becomes aware of any other
matter or circumstance which it believes would require a change in the Contract
Price or Contract Time, the Contractor shall give the Project Lead prompt written
notice of such matters.
1) All Contractor change requests shall be dated, numbered
sequentially, and shall describe the action or event which the Contractor
believes may require an extension in time,price or other modification. The
Contractor shall also provide descriptions of possible Contractor actions or
solutions to minimize the cost of the Contractor change request and,provide
an estimate of the adjustment in the Contract Price and/or Contract Time,
which it believes is appropriate.
2) Contractor Time Requirements
a. With respect to orders, instructions, directives, interpretations,
determinations, or the discovery of any errors or omissions in this
Contract, a Contractor change request shall be submitted before the
Contractor acts on them, but in no event more than ten (10)
consecutive calendar days after they were received or discovered.
b. With respect to any differing site conditions, a Contractor change
request shall be submitted before the conditions are disturbed,but in
no event more than ten (10) consecutive calendar days after the
conditions are first discovered.
c. With respect to delays, a Contractor change request shall be
submitted as soon as the Contractor has knowledge of the delay,but
in no event more than ten(10) consecutive calendar days therefrom.
d. With respect to any matters or circumstance which the Contractor
believes would require a change, including delays, a Contractor
change request shall be submitted as soon as the Contractor has
knowledge of the matter or circumstance, but in no event more than
ten (10) consecutive calendar days after the Contractor becomes
aware of such circumstance or matter.
3) Submittal Requirements and Waiver of Claims
a. If the Contractor does not submit a Contractor change request within
the time required above, any action by the Contractor related to such
order, direction, instruction, interpretation, determination, design
error or omission, or other matter, including delays or differing site
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conditions, will not be considered by the County as a change to the
Project and the Contractor waives any claim for an adjustment on
the Contract Price or the Contract Time.
b. The Contractor shall, at the time a Contractor change request is
submitted provide the Project Lead with a complete and itemized
proposal of Contract price and time adjustments. The proposal shall
also contain a detailed explanation, citing all applicable provisions
in this Contract, which supports the Contractor change request. If
the Contractor does not submit its itemized proposal within the time
described above or within such extension, which the Project Lead,
in his/her discretion may have granted in writing, it waives any
claim for an adjustment in the Contract price or Contract time arising
out of the act or event described in the Contract change request.
c. If a Contractor change request is denied by the Project Lead, in
whole or in part, any claim for an increase in the Contract price or
Contract time arising out of the act or event described in the
Contractor change request is waived unless the Contractor timely
complied with the provisions of paragraphs 2(a-d) of this Section.
XII. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of
Defective Project Work
A. Warranty.
1) The Contractor warrants and guarantees to the County that all Project
work, whether supplied, furnished, installed, provided, or performed by
Contractor, a subcontractor, or supplier, will be in accordance with this
Contract and will not be defective and that all Project work shall be performed
in a skillful and workmanlike manner. Additionally, the Contractor shall
warrant that all equipment which is incorporated into the Project or any
subsystem shall be new, free from liens and defects in design,have clear title,
be free from faulty materials and workmanship, and shall conform in all
aspects to the terms of this Contract, to the drawings issued for manufacture
by the Contractor, and shall be in conformance with the those technical
specifications provided in Section II (Scope of Work) of this Contract and
Contractor's Proposal. Except where longer periods of warranty are indicated
for certain items, Contractor warrants Project work, whether furnished,
installed, provided, performed or supplied by Contractor, a subcontractor or
supplier,to be free from faulty materials and workmanship and that each piece
of equipment or any part thereof incorporated into the Project or any
subsystem shall conform to the aforementioned warranty and guarantee
provisions and be free from failure for a period of not less than one (1) year
(for all contractor performed work) and all equipment is covered by the
manufacturer's warranty from date of Final Payment. Landscaping
replacement shall be warranted for two (2) growing seasons.
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2) With respect to all warranties, express or implied, from
subcontractors, manufacturers, or suppliers for Project work performed and
materials furnished under the Contract,the Contractor shall:
a. Obtain all warranties that would be given in normal commercial
practice. To the extent that the subcontractor's, manufacturer's, or
supplier's, standard warranty exceeds the minimum County
requirements as set forth in this Section or elsewhere in this Contract,
the subcontractor's, manufacturer's, or supplier's standard warranty
shall apply.
b. Require all warranties to be executed,in writing, for the benefit of the
County, if directed by the Project Lead; or
c. Enforce all warranties for the benefit of the County, if directed by the
Project Lead.
d. Assign all warranties and guarantees in writing to the County upon the
request of the County.
B. Access to Project. The Project Lead and the Project Lead's representatives,
other representatives of the County, testing agencies and governmental agencies
with jurisdictional interests shall have access to the Project, at any time for their
observation, inspecting and testing. Contractor shall provide proper and safe
conditions for such access.
C. Tests and Inspections.
1) The Contractor shall cooperate with material testing persons and
firms, and for required inspections, and compliance and approval tests for the
work performed by the Contractor or its subcontractor.
2) If any laws, ordinances,rules,regulations, code or order of any public
body having jurisdiction requires any Project work (or part thereof) to
specifically be inspected,tested or approved,the Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish the
Project Lead the required certificates of inspection, testing or approval. The
Contractor shall also be responsible for and shall pay all costs in connection
with any inspection or re-testing required in connection with the County's or
the Project Lead's acceptance of a supplier of materials or equipment proposed
to be incorporated in the Project, or of materials or equipment submitted for
approval prior to the Contractor's purchase thereof for incorporation in the
Project.The cost of all inspections,testing,re-testing and approvals in addition
to the above which are required by this Contract shall be paid by the Contractor
(unless otherwise specified). The County will conduct and pay for the
conformance tests on materials installed in-place,and the Contractor shall pay
for re-testing of all failing and non-conforming materials thereafter.
3) All inspections, tests or approvals other than those required by laws,
ordinances, rule, regulations, code, or order of any public body having
jurisdiction shall be performed by organizations acceptable to the Project
Lead.
4) If any Project work (including the work of others) that is to be
inspected, tested or approved is covered without written concurrence of the
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Project Lead, it must be uncovered for observation. Such uncovering and
testing when required by the Project Lead shall be at the Contractor's expense.
5) Neither observations by the Project Lead nor inspections, tests or
approvals by others shall relieve the Contractor from the Contractor's
obligations to perform the Project in accordance with this Contract.
D. Correction or Removal of Defective Work. If required by the Project Lead or the
County,the Contractor shall promptly, as directed, either correct all defective Project
work, whether or not fabricated, installed or completed, or, if the Project work has
been rejected by the Project Lead or the County,remove it from the site and replace it
with non-defective Project work. The Contractor shall bear all direct, indirect and
consequential costs of such correction or removal (including but not limited to fees
and charges of engineers, architects, attorneys and other professionals) made
necessary thereby.
E. Correction Period. If within two(2)years after the date of Final Payment or such
longer period of time as may be prescribed by laws or by the terms of any applicable
special guarantee required by the Contract Documents or by any specific provision of
the Contract Documents, any Project work is found to be defective, the Contractor
shall promptly without cost to County and in accordance with County's written
instructions, either correct such defective Project work, or, if it has been rejected by
County,remove it from the site and replace it with non-defective Project work. If the
Contractor does not promptly (within seven (7) days from receipt) comply with the
terms of such instructions, or in an emergency where delay would cause serious risk
of loss or damage, the County may have the defective Project work corrected or the
rejected Project work removed and replaced,and all direct,indirect and consequential
costs of such removal and replacement(including but not limited to fees and charges
of engineers, architects, attorneys and other professionals) will be paid by the
Contractor. Contractor shall also pay for any damage to other Project work, other
property, or person,which occurred as a result of the defective Project work.
F. County May Correct Defective Work. If the Contractor fails within ten (10)
consecutive calendar days after written notice of the Project Lead or the County to
proceed to correct and to correct defective Project work or to remove and replace
rejected Project work as required by the Project Lead or the County in accordance
with paragraph D of this Section,or if the Contractor fails to perform the Project work
in accordance with the Contract Documents, or if the Contractor fails to comply with
any other provision of the Contract Documents,the County may, after seven(7)days'
written notice to the Contractor, correct and remedy any such deficiency. In
exercising the rights and remedies under this paragraph the County shall proceed
expeditiously to the extent necessary to complete corrective and remedial action. The
County may exclude the Contractor from all or part of the site,take possession of all
or part of the Project, and suspend the Contractor's services related thereto, take
possession of the Contractor's tools, appliances, construction equipment and
machinery at the site and incorporate in the Project all materials and equipment stored
at the site or for which the County has paid the Contractor but which are stored
elsewhere. The Contractor shall allow the County, the County's representatives,
agents and employees such access to the site as may be necessary to enable the County
to exercise the rights and remedies under this paragraph. All direct, indirect and
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consequential costs of the County in exercising such rights and remedies will be
charged against the Contractor, and a Change Order will be issued by the County
incorporating the necessary revisions in the Contract price. Such direct, indirect and
consequential costs will include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of the Contractor's defective Project work. The Contractor shall not be
allowed an extension of the Contract time because of any delay in performance of the
Project work attributable to the exercise by the County of the County's rights and
remedies hereunder.
XIII. Liquidated Damages. It is the County's intent to complete this project no later than
December 31,2019.Liquidated damages of zero dollars and zero cents($0.00)per calendar
day shall be paid if project is not completed by that deadline.
A. Time for Completion. It is hereby understood and mutually agreed, by and between
the Contractor and the County, that the date of beginning Project work and the time
of completion as specified herein are essential conditions of the Contract. The
Contractor agrees that said Project shall be prosecuted regularly, diligently, and at
such rate of progress as will ensure completion within the time(s) specified. It is
expressly understood and agreed,by and between the Contractor and the County,that
the time(s) for completion of the Project described herein are reasonable time(s) for
the completion of the Project, taking into consideration the average climatic
conditions prevailing in the locality of the Project.
B. Time is of the Essence to the Contract. It is further agreed that time is of the
essence in completing the Project, and that the Project Work Schedule and all dates
set forth therein and where in this Contract, an additional time is allowed for the
completion of the Project, the new time limit fixed by such extension shall be of the
essence of the Contract.
C. Liquidated Damages. Completion of the Project is of paramount importance to the
County. If any portion of the Project is not completed in accordance with any time
extensions granted by the County,the County will suffer damage,the extent of which
will be impractical and extremely difficult to estimate accurately. Therefore, as part
of the consideration for executing the Contract, it is hereby agreed that the Contractor
shall pay to the County the liquidated damage amounts specified in the Contract. This
particular provision shall not be construed as a penalty upon said Contractor for failing
fully to complete said Project as agreed in the Proposal and this Contract nor is it
intended,but as Liquidated Damages to compensate the County for all costs incurred
as a result of such breach of Contract.
D. Delays in Project Completion of Construction Phase. Subject to the terms of
"Excusable Delays", as contained in paragraph E of this Section, the Contractor
expressly agrees to pay the County as a reasonable estimate of just compensation for
damages contemplated with the clause,the amount set forth as liquidated damages for
each consecutive calendar day that completion is delayed in the construction of the
Project.
E. Excusable Delays -Force Majeure. If, by reason of Force Majeure, any party
hereto shall be rendered unable wholly or in part to carry out its obligations under this
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Contract then such party shall give notice and full particulars of such Force Majeure
in writing to the other party within a reasonable time after occurrence of the event or
cause relied upon, and the obligation of the party giving such notice, so far as it is
affected by such Force Majeure, shall be suspended during the continuance of the
liability then claimed, but for no longer period, and any such party shall remove or
overcome such inability with all reasonable dispatch. The term Force Majeure as
employed herein, shall mean acts of God, strikes, lockouts, or other industrial
disturbances, acts of public enemy, orders of any kind of the Government of the
United States or the State of Colorado or any political subdivision,except the County,
or any civil or military authority, insurrection, riots, epidemics, landslides, lightning,
earthquakes, fires,hurricanes, storms, floods,washouts, droughts, arrests,restraint of
government and people, civil disturbances, explosions, breakage or accidents to
machinery, pipelines, or canals, or other causes not reasonably within the control of
the party claiming such inability. It is understood and agreed that the settlement of
strikes and lockouts shall be entirely within the discretion of the party having the
difficulty, and that the above requirement that any Force Majeure shall be remedied
with all reasonable dispatch shall not require the settlement of strikes and lockouts by
acceding to the demands of the opposing party or parties when such settlement is
unfavorable to it in the judgment of the party having the difficulty.
F. Cumulative Remedy. The liquidated damages referred to herein are intended to be
and are cumulative and shall be in addition to every other remedy now or hereafter
enforceable at law, in equity,by statute, or under Contract.
XIV. Termination of Contract
A. The County may terminate this Contract upon the occurrence of any one or more of
the following events:
1) If the Contractor commences a voluntary case under any chapter of the
Bankruptcy Code(Title II,United States Code), as now or hereafter in effect,
or if Contractor takes any equivalent or similar action by filing a petition or
otherwise under any other federal or state law in effect at such time relating to
the bankruptcy or insolvency;
2) If a petition is filed against Contractor under any chapter of the
Bankruptcy Code as now or hereafter in effect at the time of filing, or if a
petition is filed seeking any such equivalent or similar relief against Contractor
under any other federal or state law in effect at the time relating to bankruptcy
or insolvency;
3) If the Contractor makes a general assignment for the benefit of
creditors;
4) If a trustee, receiver, custodian or agent of Contractor is appointed
under applicable law or under Contract, whose appointment or authority to
take charge of property of Contractor is for the purpose of enforcing a Lien
against such property or for the purpose of general administration of such
property for the benefit of Contractor's creditors;
5) If the Contractor persistently fails to perform the Project in accordance
with this Contract including but not limited to, failure to supply sufficient
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skilled workers or suitable materials or equipment or failure to adhere to the
work schedule established in this Contract;
6) If the Contractor disregards laws, ordinances, rules, regulations, or
orders of any public body having jurisdiction.
B. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this Contract, with or without cause, by giving written notice to the
Contractor of such termination and specifying the effective date thereof. Such
notice shall be given at least ten (10) days before the effective date of such
termination. In such event all finished or unfinished documents, data, studies and
reports prepared by the Contractor pursuant to this Contract shall become the
County's property. Contractor shall be entitled to receive compensation in
accordance with the Contract for any satisfactory Project work completed pursuant
to the terms of this Contract prior to the date of termination. Notwithstanding the
above, Contractor shall not be relieved of liability to the County for damages
sustained by the County by virtue of any breach of the Contract by the Contractor.
XV. Independent Contract Status.
A. The parties to this Contract intend that the relationship between them contemplated
by the Contract is that of independent contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent,
or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under
this Contract. Contractor may choose to work for other individuals or entities
during the term of this Contract, provided that the basic services and deliverable
products required under this Contract are submitted in the manner and on the
schedule defined under this Contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations
under this Contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under
this Contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state,FICA and other income
taxes.
F. The Contractor shall be required to complete and submit to the County, a Form W-9
Taxpayer Identification Number Request.
XVI. Computation of Time.
A. When any period of time is referred to in this Contract by days,it will be computed to
exclude the first and include the last day of such period. If the last day of any such
period falls on a Saturday or Sunday or on a legal holiday, such day will be omitted
from the computation.
B. All times stated in this Contract are of the essence.
XVII. Records and Cost Pricing Data.
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A. The Contractor shall maintain in a safe place at the site one record copy of all
Drawings, Specifications,Addenda,Written Amendments, Change Orders,Project
Directive Changes, Field Orders and written interpretations and clarifications in
good order and annotated and updated weekly to show all changes made during
construction. These record documents together with all approved samples will be
available to the Project Lead for reference. Upon completion of the Project, these
record documents and samples will be delivered to the Project Lead for the County.
B. The Contractor shall maintain all data and records pertinent to the Project performed
under this Contract,in accordance with generally accepted accounting principles,and
shall preserve and make available all data and records until the expiration of three(3)
years from the date of final payment under this Contract, or for such longer period, if
any, as is required by applicable statute or by other articles of this Contract. The
County shall have access to all such data and records for such time period to inspect,
audit and make copies thereof during normal business hours. The Contractor
covenants and agrees that it shall require that any subcontractor utilized in the
performance of this Contract permit the authorized representatives of the County to
similarly inspect and audit all data and records of said subcontractors relating to the
performance of said subcontractors under this Contract for the same time period.
C. If this Contract is completely or partially terminated,the records relating to the Project
terminated shall be made available for three (3) years after any resulting final
termination payment.
D. Records pertaining to appeals or to litigation or the settlement of claims arising under
or relating to the performance of this Contract shall be made available until disposition
of such appeals, litigation, or claims.
XVIII. Miscellaneous.
A. Any use of subcontractors by the Contractor for performance of this Contract must
be accepted in writing by the County.
B. Severability. If any term, section, or other provision of this Contract shall, for any
reason,be held to be invalid or unenforceable, the invalidity or unenforceability of
such term, section, or other provision shall not affect any of the remaining
provisions of this Contract, and to this end, each term, section and provision of this
Contract shall be severable.
C. Integration and Modification. This Contract represents the entire and integrated
Contract between the County and the Contractor and supersedes all prior negotiations,
representations, or contract, either written or oral. This Contract may be amended
only by written Contract signed by both the County and the Contractor.
D. Contract Made in Colorado. The parties agree that this Contract was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue
is agreed to be exclusively in the courts of Pitkin County, Colorado.
E. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract, the substantially prevailing party shall be entitled to its
costs and reasonable attorney's fees.
F. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive the monetary limitations or terms or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity
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Act, C.R.S., § 24-10-101, et seq., as from time to time amended, or otherwise
available to Pitkin County or any of its officers, agents or employees. Further,
nothing in this Contract shall be construed or interpreted to require or provide for
indemnification of the Contractor by the County for any injury to any person or any
property damage whatsoever which is caused by the negligence or other misconduct
of the County or its agent or employees.
G. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute
only currently budgeted expenditures of Pitkin County. Pitkin County's obligations
under this Contract are subject to Pitkin County's annual right to budget and
appropriate the sums necessary to provide the services set forth herein. No
provisions of the Contract shall constitute a mandatory charge or requirement in
any ensuing fiscal year beyond the then current fiscal year of Pitkin County.
H. Notice. Any notice required or permitted under this Contract shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below
and by one of the following methods 1) hand-delivery or 2) registered or certified
mail,postage pre-paid to the mailing addresses set forth below.Each party by notice
sent under this paragraph may change the address to which future notices should be
sent. Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delivery on the part of the sender. Nothing contained herein shall
be construed to preclude personal service of any notice in the manner prescribed
for personal service of a summons or other legal process.
To Pitkin County: with copies to:
Ted O'Brien Pitkin County Attorney's Office
806 West Hallam Street 530 E. Main St., Suite #301
Aspen, CO 81611 Aspen, Colorado 81611
Email: ted.obrien@pitkincounty.com Email: Attorney@pitkincounty.com
To Contractor:
Sensense Solar
1629 Delores Way, Suite E
Carbondale, CO 81623
Phone: (970) 963-1420
Email: tyler@sunsensesolar.com
I. Waiver. No waiver by either party of any right, term or condition of this
Contract shall be deemed or construed as a waiver of any other right, term or
condition,nor shall a waiver of any breach hereof be deemed to constitute a waiver
of any subsequent breach, whether of the same or of a different provision of this
Contract.
XIX. Contractor's Representations.
A. In order to induce County to enter into this Contract, Contractor makes the
following representations:
23
Contract# 197.2019 Rev.2018-10-10 btf
Budget Line Item# 118.75.02304.86230
1) Contractor has familiarized himself with the nature and extent of this
Contract, Project, locality, and with all local conditions and federal, state,
and local laws, ordinances, rules and regulations that in any manner may
affect cost,progress, or performance of Project.
2) Contractor has carefully studied the site and has performed all
necessary investigations, tests, and subsurface investigations to define the
latent physical conditions of the construction site affecting cost, progress,
or performance of Project.
3) Contractor has made or caused to be made examinations,
investigations, and tests and studies of such reports and related data as it
deems necessary for the performance of Project at the Contract price,within
the Contract time, and in accordance with the other terms and conditions of
this Contract; and no additional examinations, investigations, tests,reports,
or similar data are or will be required by Contractor for such purposes.
4) Contractor has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of this Contract.
5) Contractor has given Project Lead written notice of all conflicts,
errors, or discrepancies that it has discovered in this Contract, and the
written resolution thereof by Project Lead is acceptable to Contractor.
6) By executing this Contract, the Contractor represents that it has
visited the site, familiarized itself with the local conditions under which the
Project work is to be performed(including weather conditions which can be
expected), and correlated its observations with the requirements of this
Contract.
7) The undersigned representative of Contractor represents that it is an
authorized representative of Contractor for the purposes of executing this
Contract and that it has full and complete authority to enter into this
Contract on behalf of Contractor.
XX. Counterparts. This Contract may be executed in multiple counterparts,each of which shall
constitute an original,but all of which shall constitute one and the same document.
XXI. Public Contracts for Services and Public Contracts with Natural Persons. In
conformance with the provisions of C.R.S. §§ 8-17.5-101, et seq., as amended and C.R.S.
§§ 24-76.5-101, et seq., as amended:
A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or products and
services] Contractor certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this Contract and will confirm
the employment eligibility of all employees who are newly hired for employment in the
United States to perform work under this Contract, through participation in the E-Verify
Program established under Pub. L. 104-208 or the State verification program established
24
Contract# 197.2019 Rev.2018-10-10 btf
Budget Line Item# 118.75.02304.86230
pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract
with an illegal alien to perform work under this Contract or enter into a contract with a
Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Contract. Contractor(i)
shall not use E-Verify Program or State program procedures to undertake pre-employment
screening of job applicants while this Contract is being performed, (ii) shall notify the
Subcontractor and the contracting State agency within 3 days if Contractor has actual
knowledge that a Subcontractor is employing or contracting with an illegal alien for work
under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop
employing or contracting with the illegal alien within 3 days of receiving the notice, and
(iv) shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and
Employment. If Contractor participates in the State program, Contractor shall deliver to
the contracting State agency, Institution of Higher Education or political subdivision, a
written,notarized affirmation,affirming that Contractor has examined the legal work status
of such employee,and shall comply with all of the other requirements of the State program.
If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et
seq., C.R.S., the contracting State agency, institution of higher education or political
subdivision may terminate this Contract for breach and, if so terminated, Contractor shall
be liable for damages.
PUBLIC CONTRACTS WITH NATURAL PERSONS.§§24-76.5-101,et seq.,C.R.S.
Contractor, if a natural person 18 years of age or older, hereby swears and affirms under
penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United
States pursuant to federal law, (ii) shall comply with the provisions of§§24-76.5-101 et
seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103,
C.R.S. prior to the Effective Date of this Contract.
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Budget Line Item# 118.75.02304.86230
IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein
above.
SENSENSE SOLAR
14ty Sbtaktit9 Jul-08-2019
Tyler Sweeney Date
Residential Sales Manager
PITKIN COUNTY, COLORADO
RECOMMENDED FOR APPROVAL:
Jul-08-2019
Ted O'Brien Date
Resource and Trails Manager
SECTION APPROVAL:
P(4 s emu- Jul-08-2019
Phyl i s Matti ce Date
assistant County Manager
26
SOLAR I DESIGN I BUILD
Solar Electric Performance and Financial Analysis Report
Lazy Glen Barn
99 North River Rd
Snowmass,CO 81654
18.24 kW Solar Electric System
June 13,2019
Prepared for:Pitkin County
4t1161004044.
OP. 4
I
I I I I I 1 I - , L, III HII
Prepared by:Tyler Sweeney
Solar Consultant
Tyler@SunsenseSolar.com
Sunsense Solar is proud of...
• Serving Western Colorado since 1990 S U N P W E R
• NABCEP and CoSEIA Certified Installers
• SunPower Premier and Commercial Dealer Authorized Dealer
• Responsive After Sale Service
Sunsense Solar 970.963.1420 1629 Delores Way,Suite E.,Carbondale,CO 81623 www.SunsenseSolar.com Page 1
SOLAR I DESIGN I BUILD
On behalf of the entire Sunsense Solar team,we want to thank you for the opportunity to work with you on this
project.Adding a renewable energy system is a big decision and Sunsense prides itself on providing a top-level
customer experience and the best value under the sun to help make that decision a little easier.This proposal
document will walk you through many facets of the investment including the design,pricing with financial statistics,
energy production estimates,and environmental benefits;all intended to show you the incredible value that solar—
and Sunsense—can provide.
Solar Electric System Design
Turn-key solar PV system,including Hanwha QCells modules,SolarEdge
System Size and inverter and remote monitoring,plus a 25 year power production warranty
18.24 DC kW
Description: and a 12 year manufacturer's warranty. AC scope of work pricing is included in
this proposal.
Module Mounting: (44)modules flush mounted to roof of barn.
Module Model Number Rated Watts per Module Module Quantity
Hanwha QCells QPeak DUO G5.3 380 380 48
The modules include a 12 year manufacturing warranty,in addition to a 25 year limited power warranty.
Inverter Location: Inverter to be located TBD. Power optimizers located under each individual module.
Web-based system monitoring package is included in this proposal. Client responsible for internet
Monitoring:
connection and available router port.
Inverter Model Number Inverter Capacity(Watts) Inverter Quantity
SMA 7.7 1SP US-40 7700 2
The inverter includes a 10 year manufacturer's warranty.,with an additional 5 or 10 year option available.
Total Investment After Cash Rebates&Tax Incentive $40,070
Investment Calculation Details
Total Investment Before Cash Rebates $2.32/watt x 18,240 watts = $42,320
CORE Rebate -$0.75/watt x 3,000 watts = -$2,250
Total Cash Rebate Amount = -$2,250
Investment After Cash Rebates $2.20/watt $40,070
Federal Investment Tax Credit $40,070 ° $0
Total Investment After Incentives $2.20/watt
The Cash Rebate amounts reflect the current available rebate incentives for your PV system. These amounts are reserved for
your system on a first come,first serve basis and cannot be guaranteed by Sunsense Solar.
It is especially important that you confirm your eligibility for the federal personal tax credit(PTC)with a qualified tax advisor.The
client shall be responsible for securing the federal tax credit.
Sunsense Solar 970.963.1420 1629 Delores Way,Suite E.,Carbondale,CO 81623 www.SunsenseSolar.com Page 2
SOLAR I DESIGN I BUILD
80,000.00
25 Year Cash Flow Analysis
60,000.00
40,000.00
jul
.
. —
Solar Sa_ Electric cost without Solar
-120,000.00 I
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Years
CASH FLOW:The 25 Year Cash Flow Analysis graph above is rendered using a robust financial analysis of
the PV system including the system's cost,rebate and tax credit amounts,as well as the customer's
marginal tax rate,a discount rate,estimated annual utility savings,and an anticipated inverter cost
replacement at year 15(common for PV system cash flow analysis although the actual year of inverter
replacement cannot be known).
BREAK EVEN POINT(YEARS): 5 Years
Break even point is a simple method for determining the time elapsed from after an initial capital investment is made until that
investment is effectively recuperated. The lines in the graph represent two different scenarios-the red line shows accrued energy
costs if solar was not installed while the blue line shows the recuperation of initial investment due to avoided energy costs. The
point where the two lines cross represent the break even point for the initial solar investment.
INTERNAL RATE OF RETURN: 10%
Internal Rate of Return(IRR)is defined as the annualized effective compounded return rate that can be gained on invested capital
and is another key indicator of investment opportunity and efficiency.
NET PRESENT VALUE: $23,114
The Net Present Value(NPV)of the investment is the sum of the present values of individual cash flows,both incoming and
outgoing and is the standard approach to investment analysis using a discount rate to account for the time value of money.As an
indicator of how much value the investment adds to the customer or business,if NPV is positive the investment project adds value.
PROFITABILITY INDEX: 1.8
Profitability Index(PI)is a measure of investment to payoff—the efficiency of the investment,and is calculated using the net
present value of the project returns compared to initial investment.In general finance theory,a project should be accepted if the
PI is greater than 1 and rejected if less than 1.If PI is less than 1,additional factors may still justify the project such as a personal
goal of carbon footprint reduction.
PLEASE NOTE: The projected financial results listed above are estimates. There are a variety of factors that influence actual system performance
over the lifetime of a photovoltaic system including,but not limited to,a client's tax situation,the actual amount of sunlight that occurs over a
given period,the present and future net metering policy of the utility involved,the rate at which utility electric prices change over a given period.
Sunsense does not guarantee the financial results listed above. We strongly recommend that all clients review the financial elements of this
document with their tax and/or financial advisor.
Sunsense Solar 970.963.1420 1629 Delores Way,Suite E.,Carbondale,CO 81623 www.SunsenseSolar.com Page 3
SOLAR I DESIGN I BUILD
System Energy Production per Month
3,000
2,500 - -
L 2,000
v 1,500
1,000
500
0
J F M A M J J A S O N D
Month
SYSTEM ANNUAL PERFORMANCE SUMMARY: 23,142 AC kWh
Your solar electric system is expected to produce this amount of AC kilowatt hours(kWh)as calculated from the National
Renewable Energy Laboratory's(NREL)PV Watts Version 2 program.Because weather patterns vary from year-to-year,the values
in the tables are better indicators of long-term performance than performance for a particular month or year.Long term averages
may vary±30% for monthly values and±10%for yearly values. These estimates do not account for excessive snow accumulation
on the panels. An estimated month by month breakdown of the PV system's AC kWh production is detailed above in the System
Energy Production per Month graph.
Solar Production and Utility Consumption
4,500
4,000
3,500
s 3,000
2,500
E3 2,000
a)
1500
1,000
500
I II ihht
Jaiair mac o�ec mac
a� fan PJ Q`a� oo� o4e' ec-
■Utility Consumption(kWh) Sa
•Solar Production(kWh)
ELECTRIC UTILITY COSTS OFFSET: 97%
Based on existing electrical consumption information provided(or,if no information has been provided then electrical usage has
been estimated),adding a solar PV system will offset approximately this percentage of annual utility costs for the purchase of
electricity.See First Year Utility Savings graph above for a month by month breakdown of current electric utility costs vs.
anticipated electrical value after the installation of the solar PV system.
ESTIMATED FIRST YEAR UTILITY SAVINGS: $2,546
Also estimated from the PV Watts Version 2 program from NREL,this is the estimated amount of avoided utility savings after the
first full year of energy production from the PV system.These savings will grow each year utility rates increase,expected to be
3.5%per year conservatively.
Sunsense Solar 970.963.1420 1629 Delores Way,Suite E.,Carbondale,CO 81623 www.SunsenseSolar.com Page 4
SOLAR I DESIGN I BUILD
Future Cost of Utility Electricity
$0.30
.0 $0.25
a"i $0.20
$0.15
$0.10
a $0.05
O $0.00 llllllllllllllllllllllllllllllllllllllllllllllllllllltl@I@lllllllll@I@I@I@I@llllllllllllillllllllllllllllllililllllllllllllllllllllllllllllllllllllllllll Illllllllllllllllll...
V
1 3 5 7 9 11 13 15 17 19 21 23 25
Years
■Utility Cost per kWh 0 Fixed PV Cost per kWh
LEVELIZED ENERGY COST: $0.0500 per kWh
This amount is the cost per each AC kWh of electricity the PV system is expected to generate over the term of its lifespan of at
least 25 years and should be compared to the current cost of utility electricity and the expected change in utility rate inflation.The
Future Cost of Utility Electricity graph above plots the anticipated rise in utility rates at 3.5%per year vs.the fixed Levelized Energy
Cost delivered by the PV system for 25 years.
Environmental Benefits
Solar electric systems not only save money month after month through a reduction in utility spending,but also help reduce the
amount of greenhouse gas emissions which contribute to air pollution and have been linked to climate change trends.Here are a
few key figures concerning your estimated carbon emission reduction over the life of your system.
Number of Mature Trees Planted: Automobile Miles Not Driven: 996,982
— 7"L. - - poi:
This data was calculated from information obtained through the United State Enviornmental Protection Agency website,EPA.gov.
Sunsense Solar 970.963.1420 1629 Delores Way,Suite E.,Carbondale,CO 81623 www.SunsenseSolar.com Page 5
SOLAR I DESIGN I BUILD
Contract Agreement, Terms and Conditions
Project Name: Lazy Glen Barn
Client Name: Pitkin County Project Contact:Ted Obrien Ted Obrien
Primary Phone: 970-618-6300
Site Address: 99 North River Rd Alternate Phone:
Snowmass,CO 81654 Fax:
Billing Address:
Primary eMail: ted.obrien@pitkincounty.com
Proposal Date: June 13,2019 Secondary eMail: ted.obrien@pitkincounty.com
This Contract Agreement("Agreement")is made and entered Thursday,June 13,2019
into this
by and between Sunsense Inc.("Sunsense"),a Colorado
corporation,and Pitkin County("Client").
Solar Electric System Specifications
Referencing the"Performance and Financial Analysis Report"dated June 13,2019
System Size: 18.24 DC kW
Description: Turn-key solar PV system,including Hanwha QCells modules,SolarEdge inverter and remote monitoring,plus a 25 year power production
warranty and a 12 year manufacturer's warranty. AC scope of work pricing is included in this proposal.
Modules: (48) 380 Watt Hanwha QCells QPeak DUO G5.3 380
Inverter: (2) 7,700 Watt SMA 7.7 1SP US-40
Monitoring: SMA monitoring hardware
The client shall approve any alteration or deviation from above specifications involving added expense. Additional material and/or labor costs will be
reflected in balance due amount.
Payment Schedule
Total Investment: $42,320
Client hereby agrees to submit payment to Sunsense as follows:
Initial Investment due upon contract acceptance: $4,232.00 Deposit for design,rebate application,permits,and scheduling
50%Equipment Deposit due prior to equipment
order: $17,919.00 Deposit to order equipment
50%Equipment Balance due upon delivery to
warehouse: $17,919.00 Equipment payment
Final Payment due by assigning CORE rebate to
Sunsense,Inc. $2,250.00 Installation Payment
Client Initials:
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SOLAR I DESIGN I BUILD
1. SCOPE OF WORK
Sunsense,Inc.("Sunsense")shall perform the services defined in this contract and the related schedules. Sunsense will provide additional services under
this contact as requested by the Client and invoice the Client for those additional services at standard rates,or as otherwise agreed upon with the Client
in writing. Contract may be withdrawn by Sunsense prior to acceptance and is subject to change after 30 days.
2. RIGHT OF ENTRII
The Client will provide right of entry to Sunsense personnel and to all necessary equipment at the project site(s), during reasonable business hours
throughout the duration of the project.
3. PAYMENT
Client is responsible for payment as set forth on Payment Schedule. Payment for additional work,or changes to the work and equipment set forth on
Payment Schedule,including additional work or changes to work and equipment precipitated by latent or unforeseen site conditions,shall be as set forth
in a separate written agreement between the Client and Sunsense; provided that absent such agreement Sunsense shall have the right, but not the
obligation,to charge the Client its full standard hourly rates and prices without discount. Sunsense shall furnish insurance certificates, lien waivers,
affidavits or other available documents as and when requested by Client,provided all amounts due to Sunsense have been paid.
If payment is not received on or before the date provided in the Payment Schedule, Client agrees to pay an interest charge of two percent(2%)per
month, or the maximum rate allowed by law on any past due amounts. Client shall pay any attorney's fees, collection fees and any other costs
incurred in collecting any delinquent amount.
Client agrees to pay Sunsense for its services in accordance with the Agreement, regardless of whether Client has been paid by their customer, if
applicable. Further,Client agrees to pay Sunsense for its services in accordance with the Agreement,regardless of rebate status or whether Client has
received any rebate,unless specifically addressed in Payment Schedule.
4. REBATES
The Cash Rebate amounts reflect the current available rebate incentives for your PV system. These amounts
are reserved for your system on a first come,first serve basis and cannot be guaranteed by Sunsense Solar.
5. WARRANTY
All components are covered by manufacturer's warranty. All work shall be completed in a professional manner according to standard practices and shall
be covered by the Sunsense Warranty Policy. Please see attached Warranty Policy. Failure to comply with these terms and conditions, including
making payments to Sunsense when due,will void the Sunsense Warranty.
6. SAFETY
Sunsense is responsible for the safety on site of its own employees and agents; however, this shall not be construed to relieve Client or any of its
contractors from their responsibilities for maintaining a safe project site.Neither the professional activities of Sunsense,nor the presence of a Sunsense
employees and/or agents shall be construed to imply Sunsense has any responsibility for any activities on site performed by personnel other than
Sunsense's employees or agents.
7. DISPUTES
In the event a dispute should arise relating to the performance of the services or equipment to be provided under this Agreement,the party asserting the
dispute will provide written notice of the dispute to the other party. Within 30 days of delivery of the written notice,the parties will try in good faith to
resolve the dispute. If the dispute involves any allegations of problems with or deficiencies in the System's installation or performance,Sunsense shall be
permitted to promptly visually inspect the system and obtain or download pertinent performance data from the System. Should the parties fail to resolve
the dispute and should that dispute result in litigation,it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the
prosecution or defense of the claim,including staff time,court costs,attorneys fees'and all other claim related expenses.
8. STANDARD OF CARE
All services performed by Sunsense under this Agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions.No other warranty,expressed or implied,is made.
9. DELAYS IN WORK
Sunsense will pursue the work in an efficient and expeditious manner consistent with good quality practices.Sunsense will not be responsible for delays
in the work caused by Client or its agents,consultants,contractors or subcontractors.Stand-by or non-productive time for delays in our work caused by
Client will be charged as work time provided for a separate item in the contract or other mutually agreed upon written agreement.
10. INSURANCE AND GENERAL LIABILITY
Sunsense represents and warrants that it and its agents,staff and consultants employed by are protected by worker's compensation insurance and that
Sunsense has public liability and property damage insurance policies which Sunsense deems to be adequate. Certificates for all such policies of
insurance shall be provided to Client upon request in writing.Sunsense agrees to indemnify and save Client harmless from and against loss, damage,
injury or liability,arising from any negligent acts by Sunsense,its agents,staff and consultants employed by it but only to the extent of the limits and
conditions of Sunsense's liability insurance. Sunsense shall not be responsible for liability arising from acts by Client, or its employees, contractors,
agents,staff and any other consultants employed by Client.
Client Initials:
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SOLAR I DESIGN I BUILD
11. TERMINATION
This Agreement may be terminated by either party upon fifteen (15) days written notice in the event of substantial failure by the other party to
perform in accordance with the terms herein.Such termination shall not be effective if that substantial failure has been remedied before expiration of
the period specified in the written notice. In the event of termination,Sunsense shall be paid for: a) all materials purchased for the purposes of
performing the work outlined in this contract, regardless of whether the materials have been installed to the termination notice date, and b) all
services performed to the termination notice date,plus reasonable expenses to demobilize. Any purchased but uninstalled materials will become the
property of Client.
In the event of termination or suspension for more than three(3)months,prior to completion of all analyses,reports,drawings or plans contemplated
by this Agreement,Sunsense may complete such analyses and records as are necessary to complete its files and may also complete a report on the
services performed to the date of notice of termination or suspension. The expenses of termination or suspension shall include all direct costs of
Sunsense in completing such analyses,reports,drawings or plans.
12. ASSIGNS
Neither the Client nor Sunsense,may delegate,assign,sublet,or transfer its duties or interest in this Agreement without the written consent of the
other party.This Agreement contains each and every agreement and understanding between the parties relating to its subject matter.It may not be
altered or amended except in writing and signed by both the Client and Sunsense.
13. OWNERSHIP OF DOCUMENTS
All reports, logs, field data,field notes, designs, calculations, estimates and other documents prepared by Sunsense, and incident to the services
provided hereunder,shall be the property of Sunsense.Client agrees that all reports and other work furnished to the Client or his agents,which are
not paid for will be returned upon and will not be used by the Client for any purpose whatsoever. Sunsense will retain all pertinent records relating to
the services performed for a period of following submission of the report,during which period the records will be-made available to the Client at all
reasonable times.
14. LIMITATION OF LIABILITY
In recognition of the relative risks and benefits of the project to both the Client and Sunsense the risks have been allocated such that the Client agrees,
to the fullest extent permitted by law,to limit the liability of Sunsense,its officers,agents and employees to the Client, including all construction,
contractors and subcontractors on the project for any claims,losses,costs,damages of any nature whatsoever or claims expenses from any cause or
causes,such that the total aggregate liability of Sunsense,and its officers,agents,and employees named shall not exceed$25,000,or Sunsense's total
fees related to the project,whichever is less.Such claims and causes include,but are not limited to negligence,professional omissions or errors,strict
liability, breach of contract or warranty. In no event will Sunsense,or its officers,employees or agents,be liable for any special,consequential or
punitive damages,or any damages related to lost profits.
15. HAZARDOUS MATERIALS
It is acknowledged by both parties that Sunsense's scope of services does not include any services related to asbestos or hazardous or toxic materials.In
the event Sunsense or any other party encounters asbestos or hazardous materials at the project site, or should such hazardous or toxic materials be
discovered in any adjacent areas that may affect the performance of the services,Sunsense may,at its option and without liability for consequential or any
other damages,suspend performance of services on the project until the Client retains appropriate specialist consultants or contractors to identify,abate
and/or remove the asbestos,hazardous or toxic materials and warrant that the project site is in full compliance with applicable laws and regulations.
16. KNOWN AND SUSPECTED ENVIRONMENTAL HAZARDS
In consideration of the substantial risks to Sunsense posed by any presence or suspected presence of asbestos or hazardous or toxic materials on or about
any project site,the Client shall,to the fullest extent permitted by law,to indemnify and hold harmless Sunsense's officers,managers,employees,agents
and independent consultants from all claims and losses,including reasonable attorney's fees and defense,costs,arising out of,or in any way connected
with,the performance or nonperformance of the obligations under this Agreement unless and until there has been an adjudication by a court or forum of
competent jurisdiction that the claims at issue are the result of the sole negligence of Sunsense.
17. LIMITED LIABILTY
Sunsense is a corporation formed under the laws of the State of Colorado. Accordingly, it is expressly intended by the parties to this Agreement that
Sunsense's services in connection with the project shall not subject its individual employees,officers,contract laborers, members or managers,to any
personal legal liability for the risks associated with this project.Therefore, and notwithstanding anything to the contrary contained herein, the Client
agrees that as the Client's sole and exclusive remedy,any claim,demand or suit shall be directed and/or asserted only against Sunsense and not against
any of its employees,officers,members or managers.
18. FORCE MAJEURE
No party shall be liable for any failure to perform its obligations in connection with any action described in this Agreement if such failure results from any
act of God,act of terrorism, riot,war, civil unrest,flood, hurricane, earthquake or other cause beyond such party's reasonable control (including any
mechanical,electronic,or communications failure,but excluding failure caused by a party's financial condition or negligence);except that no party may be
excused from the obligation of payment or indemnification under this section.
19. GOVERNING LAW
This Agreement shall be deemed to be a contract made under and shall be construed in accordance with and governed by the laws of the State of Colorado
without regard to the conflict of law's provisions of the State of Colorado, or of any other state.Any action or proceeding relating in any way to this
Agreement or the services shall be brought and enforced exclusively in the courts of the State of Colorado or any United States federal court sitting in
Garfield County, Colorado. Each party hereby irrevocably waives,to the fullest extent permitted by applicable law,any objection which it may now or
hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that such proceeding brought in such a court has been
brought in an inconvenient forum.
Client Initials:
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SOLAR I DESIGN I BUILD
20. ENTIRE AGREEMENT
This Agreement,including all addenda,notices and exhibits attached hereto and hereby incorporated by reference,constitutes the final,complete
and exclusive agreement between the parties with respect to the subject matter hereof,and supersedes any prior or contemporaneous agreement,
either written or verbal. In the event that any provision of this Agreement is at any time held by a Court to be invalid or unenforceable,the parties
agree that all other provisions of this Agreement will remain in full force and effect.
21. RIGHT TO RESCIND
The client has the right to cancel this contract for any reason at any time within three days after the signing of the contract,unless work has
commenced.Notice of cancellation must be given by certified mail,return receipt requested,to the contractor.It shall be deemed compliant with the
three day cancellation period if the notice to cancel is mailed within three days of contract signing,excluding Sundays and holidays.Within three days
after receipt of the written notice of cancellation,the contractor shall refund all monies received from the client,minus expenses.
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SOLAR I DESIGN I BUILD
Example of Estimated Project Timeline
Month 1 Morth 2 Mort Month 4 1 MoIJt
Sales I Signed Contract
i Final Payment
Accounti Initial Deposit First Equipment cio Second Equipment Deposit OR Rebate Assigned to
Deposit Sunsense Solar
Design —44 Permitting A Built Designs
Design/
Pre-Installation Final Rebate a d
Permitting Documents Interconnectio Rebate
New Client CORE Utility and complete CORE Energy paperwork and Checks
Packet Application Applicatior Assessment Utility Inspecti n Mailed
Rebates/ ( I II II 4-4 4 4
Intercon
Purchasing
(110
Procuremen AC d DC
Electrical
nstallation Inspections
t C10-4 4-4 Binder Wallithrough COI
nstallation
Commissioning
Client Initials:
Sunsense Solar 970.963.1420 1629 Delores Way,Suite E., Carbondale,CO 81623 www.SunsenseSolar.com 5 of 5
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Q.ANTUM SOLAR MODULE
The new high-performance module Q.PEAK DUO L-G5.2 is the ideal solu- simil=ipi
tion for commercial and utility applications thanks to a combination ofmrisii
its innovative cell technology Q.ANTUM and cutting edge cell intercon- -i-NS��
nection. This 1500V IEC/UL solar module with its 6 busbar cell design MEs
ensures superior yields with up to 395 Wp while having a very low LCOE. • PE
GLOW ELECTRICITY GENERATION COSTS r "
Higher yield per surface area, lower BOS costs, higher power a��
classes, and an efficiency rate of up to 19.9%.
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INNOVATIVE ALL-WEATHER TECHNOLOGY �����
ES Optimal yields, whatever the weather with excellent low-light ==....
and temperature behavior. �����
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ill Long-term yield security with Anti LID Technology,
Anti PID Technology', Hot-Spot Protect and Traceable Quality IraQTM.
EUPD RESEARCH —tCELLS
EXTREME WEATHER RATING
TOP BRAND PV High-tech aluminum alloy frame, certified for high snow MODULES ANTI PIO TECHNOLOGY
(APT)
(5400 Pa) and wind loads (2400 Pa). EUROPE ✓HOT-SPOT PROTECT
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2018 ✓TRACEABLE QUALITY
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O A RELIABLE INVESTMENT ✓AnnALAI LIQ TECHNOLOGY
Inclusive 12-year product warranty and 25-year
linear performance warranty2. — ,Phnfnn 1
QCEILS
Best polycrystalline
solar module 2014
__-- / 174mpd°eZ tested
' APT test conditions according to
IEC/TS 62804-1:2015,
method B(-1500V, 168h)
2 See data sheet on rear for further
information.
THE IDEAL SOLUTION FOR:
Rooftop arrays on Ground-mounted
commercial/industrial solar power plants
buildings
Engineered in Germany r CELLS
MECHANICAL SPECIFICATION
Format 79.3 in x 39.4in x 1.38in(including frame) 9.3„1:o,5mml
(2015mm x 1000mm x 35mm) 51.5••113eamml
,s.r•M°°mml a3.5•,353mm
Weight 51.8 lbs(23.5 kg) - 1 / .
a Grounding ales.00.10•KS mm "'°l `'la=3
Front Cover 0.13 in(3.2mm)thermally pre-stressed glass with anti-reflection technology
Back Cover Composite film 0.0 31A
(969mm)
Frame Anodized aluminum CO 55..••
u000mm,
Cell 6 x 24 monocrystalline Q.ANTUM solar half-cells
Junction box 2.76-3.35 in x 1.97-2.76 in x 0.51-0.83 in(70-85 mm x 50-70 mm x ",
13-21 mm),Protection class IP67,with bypass diodes Mounting slots(DETAIL10 4
°: o a;3<e<smm=_
Cable 4mm2 Solar cable;(+)>_53.1in(1350mm),(-) .53.1 in(1350mm) ' ' I
I-1.35.135mm, DETAIL •__I BBA lromm,
Connector Multi-Contact MC4-EV02,JMTHY PV-JM601A,IP68 or Renhe 05-6,IP67 ,,°.139.5mm, ICI°33.1a.5°.nl 8.5 as.n, IOH-IS.'•1'mml
ELECTRICAL CHARACTERISTICS
POWER CLASS 380 385 390 395
MINIMUM PERFORMANCE AT STANDARD TEST CONDITIONS,STC'(POWER TOLERANCE+5W/-OW)
Power at MPP' PMPP [W] 380 385 390 395
Short Circuit Current' !cc [A] 10.05 10.10 10.14 10.19
= Open Circuit Voltage' Voo [V] 47.95 48.21 48.48 48.74
E
Current at MPP IMPP [A] 9.57 9.61 9.66 9.70
Voltage at MPP VMpp [V] 39.71 40.05 40.38 40.71
Efficiency' ri [%] >_18.9 _>19.1 >_19.4 >_19.6
MINIMUM PERFORMANCE AT NORMAL OPERATING CONDITIONS,NMOT2
Power at MPP PMPP [W] 283.9 287.6 291.3 295.1
E Short Circuit Current !cc [A] 8.10 8.14 8.17 8.21
Open Circuit Voltage Voo [V] 45.12 45.37 45.62 45.87
Current at MPP IMPP LA] 7.53 7.57 7.60 7.64
Voltage at MPP VMpp [V] 37.69 38.01 38.33 38.64
Measurement tolerances PMpp 3%;1,e,V0 5%at STC:1000W/m2,25 2°C,AM 1.5G according to IEC 60904-3•z800 W/m2,NMOT,spectrum AM 1.5G
Q CELLS PERFORMANCE WARRANTY PERFORMANCE AT LOW IRRADIANCE
ae
i LIMB At least 98%of nominal power during first year. o ue 1
- °<I �°<sr«u<°we„a a Thereafter max.0.54%degradation per year. 1
a55 At least 93.1%of nominal power up to 10 years. w ,00- -I
a At least 85%of nominal power up to 25 years. -
f m W
All data within measurement tolerances. aao 1
W 1
r.
0 85 Full warranties in accordance with the warranty 1
terms of the Q CELLS sales organization of your 1
orespective country. mo 000 Boo Boo 10 zi
0
IRRADIANCE[W/mz]
75 h
5 ,0 I 25 25
S
m<ra�a,am�ro,ln<,°w<°mp YEARS Typical module performance under low irradiance conditions in ro winme`ngn<rpoa<Im«p«n zmal«<Ia pl<mce,zo al comparison to STC conditions(25°C,1000 W/mz).
TEMPERATURE COEFFICIENTS
0
Temperature Coefficient of Isc a [%/K] +0.04 Temperature Coefficient of VBc 13 [%/K] -0.28 '°
Temperature Coefficient of PMpp y [%/K] -0.37 Normal Operating Module Temperature NMOT [°F] 109 5.4(43 3°C)
0
E
PROPERTIES FOR SYSTEM DESIGN
Maximum System Voltage Vsrs [Vl 1500(IEC)/1500(UL) Safety Class II
ct
Maximum Series Fuse Rating [A DC] 20 Fire Rating C(IEC)/TYPE 1(UL)
Max.Design Load,Push/Pull(UL)2 [Ibs/ft2] 75(3600Pa)/33(1600Pa) Permitted module temperature -40°F up to+185°F
on continuous duty (-40°C up to+85°C) 3
Max.Test Load,Push/Pull(UL)2 [Ibs/ft2] 113(5400Pa)/50(2400Pa) 2 see installation manual
QUALIFICATIONS AND CERTIFICATES PACKAGING INFORMATION
UL 1703;CE-compliant; Number of Modules per Pallet 29
IEC 51215:2016,IEC 61730:2016 application class A
Number of Pallets per 53'Trailer 26
V C (`•♦ ��® Number of Pallets per 40'High Cube Container 22
DE C„,,,,„Ds Pallet Dimensions(L x W x H) 81.9 in x 45.3 in x 46.7 in
(2080 mm x 1150mm x 1185mm) •-
1250411
Pallet Weight 1635 lbs(742 kg) -
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NOTE:Installation instructions must be followed.See the installation and operating manual or contact our technical service department for further information on approved installation and use
of this product.
Hanwha Q CELLS America Inc.
300 Spectrum Center Drive,Suite 1250,Irvine,CA 92618,USA I TEL+1 949 748 59 96 I EMAIL inquiry@us.q-cells.com I WEB www.q-cells.us
SUNNY BOY SMA
3.0-US / 3.8-US / 5.0-US / 6.0-US / 7.0-US / 7.7-US
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COMPLIANT TO UL 1741 SA p V US
GRID SUPPORT UTILITY INTERACTIVE INVERTER
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Value-Added Improvements Reduced Labor Unmatched Flexibility Trouble-Free Servicing
• Superior integration with SMA's • New Installation Assistant with • SMA's proprietary OptiTracTM • Two-part enclosure concept
MLPE Power+Solution direct access via smartphone Global Peak technology mitigates allows for simple,expedited
• World's first Secure Power Su minimizes time in the field shade with ease servicing
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now offers up to 2,000 W • Advanced communication • Multiple independent MPPTs • Equipped with SMA Smart
• Full grid management capabilities interface with fewer components accommodate hundreds of Connected,a proactive service
ensure a utility-compliant solution creates 50%faster setup and stringing possibilities solution that is integrated into
for any market commissioning Sunny Portal
SUNNY BOY 3.0-US / 3.8-US / 5.0-US / 6.0-US / 7.0-US / 7.7-US
Reduce costs across your entire residential business model
The residential PV market is changing rapidly. Your bottom line matters more than ever—so we've designed a superior
residential solution to help you decrease costs at every stage of your business operations. The Sunny Boy 3.0-US/3.8-
US/5.0-US/6.0-US/7.0-US/7.7-US join the SMA lineup of field-proven solar technology backed by the world's#1 service
team, along with a wealth of improvements. Simple design, improved stocking and ordering, value-driven sales support
and streamlined installation are just some of the ways that SMA helps your business operate more efficiently. And, Sunny
Boy's superior integration with the innovative Power+Solution means installers have even more flexibility in addressing their
toughest challenges. Finally,SMA Smart Connected will automatically detect errors and initiate the repair and replacement
process so that installers can reduce service calls and save time and money.
www.SMA-America.com
Technical data Sunny Boy 3.0-US Sunny Boy 3.8-US Sunny Boy 5.0-US
208 V 240 V 208 V 240 V 208 V 240 V
Input(DC)
Max.PV power 4800 Wp 6080 Wp 8000 Wp
Max.DC voltage 600 V
Rated MPP voltage range 155-480 V 195-480 V 220-480 V
MPPT operating voltage range 100-550 V
Min.DC voltage/start voltage 100 V/125 V
Max.operating input current per MPPT 10 A
Max.short circuit current per MPPT 18 A
Number of MPPT tracker/string per MPPT tracker 2/1 3/1
Output(AC)
AC nominal power 3000 W 3000 W 3330 W 3800 W 5000 W 5000 W
Max.AC apparent power 3000 VA 3000 VA 3330 VA 3800 VA 5000 VA 5000 VA
Nominal voltage/adjustable 208 V/• 240 V/• 208 V/• 240 V/• 208 V/• 240 V/•
AC voltage range 183-229 V 211 -264 V 183-229 V 211 -264 V 183-229 V 211 -264V
AC grid frequency 60 Hz/50 Hz
Max.output current 14.5 A 12.5 A 16.0 A 16.0 A 24.0 A 24.0 A
Power factor(cos(p) 1
Output phases/line connections 1/2
Harmonics <4%
Efficiency
Max.efficiency 97.2% 97.6% 97.2% 97.5% 97.2% 97.5%
CEC efficiency 96% 96.5% 96.5% 96.5% 96.5% 97%
Protection devices
DC disconnect device •
DC reverse polarity protection •
Ground fault monitoring/Grid monitoring •
AC short circuit protection •
All-pole sensitive residual current monitoring unit(RCMU) •
Arc fault circuit interrupter(AFC!) •
Protection class/overvoltage category I/IV
General data
Dimensions(W/H/D)in mm(in) 535 x 730 x 198(21.1 x 28.5 x 7.8)
Packaging dimensions(W/H/D)in mm(in) 600 x 800 x 300(23.6 x 31.5 x 11.8)
Weight/packaging weight 26 kg(57 Ib)/30 kg(66 Ib)
Temperature range:operating/non-operating -25°C...+60°C/-40°C...+60°C
Environmental protection rating NEMA 3R
Noise emission(typical) 39 dB(A)
Internal power consumption at night <5 W
Topology/Cooling concept Transformerless/Convection
Features
Ethernet ports 2
Secure Power Supply •*
Display(2 x 16 characters) •
WLAN/Sensor module/External WLAN antenna •/0/0
Warranty: 10/15/20 years •/0/0
Certificates and approvals UL 1741,UL 1741 SA incl.Rule 21 RSD,UL 1998,UL 1699B,IEEE1547,FCC Part 15(Class A&B),CAN/CSA V22.2
107.1-1,HECO SRD-UL-1741-SA-V1.1
•Standard features 0 Optional features-Not available Data at nominal conditions NOTE:US inverters ship with gray lids. *Not compatible with the Power+Solution Shutdown functionality
Type designation SB3.0-1 SP-US-40 SB3.8-1 SP-US-40 SB5.0-1 SP-US-40
Accessories
elre Sensor module ( External WLAN antenna SMA Rooftop
MD.SEN-US40 '� ' EXTANT-US40 ye Communication Kit
ROOFCOMMKIT-PI-US
J \ ROOFCOMMKIT-P2-US
1 Efficiency curve SUNNY BOY 6.0-1SP-US-40•
't
98-
96- •' ............................................................................
94- /...
>' 92- f
m 98
90- t i di 7
f Eta(V,=220V) 96
88- c
1 - Eta(V„-375 V) 220 480
86- : -" Eta(V„=480 VI V„„(vl
0.0 0.2 0.4 0.6 0.8 1.0
Output power/Rated power
Technical data Sunny Boy 6.0-US Sunny Boy 7.0-US Sunny Boy 7.7-US
208 V 240 V 208 V 240 V 208 V 240 V
Input(DC)
Max.PV power 9600 Wp 11200 Wp 12320 Wp
Max.DC Voltage 600 V
Rated MPP Voltage range 220-480 V 245-480 V 270-480 V
MPPT operating voltage range 100-550 V
Min.DC voltage/start voltage 100 V/125 V
Max.operating input current per MPPT 10 A
Max.short circuit current per MPPT 18 A
Number of MPPT tracker/string per MPPT tracker 3/1
Output(AC)
AC nominal power 5200 W 6000 W 6660 W 7000 W 6660 W 7680 W
Max.AC apparent power 5200 VA 6000 VA 6660 VA 7000 VA 6660 VA 7680 VA
Nominal voltage/adjustable 208 V/• 240 V/• 208 V/• 240 V/• 208 V/• 240 V/•
AC voltage range 183-229 V 211 -264 V 183-229 V 211 -264 V 183-229 V 211 -264V
AC grid frequency 60 Hz/50 Hz
Max.output current 25.0 A 25.0 A 32.0 A 29.2 A 32.0 A 32.0 A
Power factor(cos(p) 1
Output phases/line connections 1/2
Harmonics <4
Efficiency
Max.efficiency 97.2% 97.6% 97.1 % 97.5% 97.1 % 97.5
CEC efficiency 96.5% 97% 96.5% 97% 96.5% 97
Protection devices
DC disconnect device •
DC reverse polarity protection •
Ground fault monitoring/Grid monitoring •
AC short circuit protection •
All-pole sensitive residual current monitoring unit(RCMU) •
Arc fault circuit interrupter(AFC!) •
Protection class/overvoltage category I/IV
General data
Dimensions(W/H/D)in mm(in) 535 x 730 x 198(21.1 x 28.5 x 7.8)
Packaging Dimensions(W/H/D)in mm(in) 600 x 800 x 300(23.6 x 31.5 x 11.8)
Weight/packaging weight 26 kg(57 Ib)/30 kg(66 Ib)
Temperature range:operating/non-operating -25°C...+60°C/-40°C...+60°C
Environmental protection rating NEMA 3R
Noise emission(typical) 39 dB(A) 45 dB(A)
Internal power consumption at night <5 W
Topology/Cooling concept Transformerless/Convection Transformerless/Fan
Features
Ethernet ports 2
Secure Power Supply •*
Display(2 x 16 characters) •
WLAN/Sensor module/External WLAN antenna 6/0/0
Warranty: 10/15/20 years •/O/O
Certificates and approvals UL 1741,UL 1741 SA incl.Rule 21 RSD,UL 1998,UL 1699B,IEEE1547,FCC Part 15(Class A&B),CAN/CSAV22.2
107.1-1,HECO SRD-UL-1741-SA-V1.1
•Standard features 0 Optional features—Not available Data at nominal conditions NOTE:US inverters ship with gray lids. *Not compatible with the Power+Solution Shutdown functionality
Type designation SB6.0-1 SP-US-40 SB7.0-1 SP-US-40 SB7.7-1 SP-US-40
POWER+ SOLUTION
The SMA Power+ Solution combines legendary SMA inverter
performance and intelligent DC module-level electronics
in one cost-effective, comprehensive package. This
means that you can achieve maximum solar
power production for your customers while also 1111111110SUPERIOR INTEGRATION
realizing significant installation savings. WITH THE
POWER+ SOLUTION
NEW!Advanced communication interface allows
•
•
for 50% faster setup and commissioning thanks to
reduced components and a simplified process.
Visit www.SMA-America.com for more information. •
I SIMPLE,FLEXIBLE DESIGN
Speed the completion of customer proposals and maximize the efficiency of your design
ijm
team with the Sunny Boy-US series,which provides a new level of flexibility in system
design by offering:
» Hundreds of stringing configurations and multiple independent MPPTs
idlilliiiiiiiV » SMA's proprietary OptiTracTM Global Peak shade mitigation technology
» Diverse application options including on-and off-grid compatibility
—.........„ •,. VALUE-DRIVEN SALES ENABLEMENT
1 ~"' SMA wants to enable your sales team by arming them with an abundance of feature/
benefit support. Show your customers the value of the Sunny Boy-US series by utilizing:
o » Secure Power Supply, now with 2,000 W of opportunity power in the event of a grid
outage, as an increased value-add or upsell opportunity
...4 ki , '
» SMA's 35 year history and status as the#1 global inverter manufacturer instills homeowners
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SMA with peace of mind and the long-term security they demand from a PV investment
» An economical solution for shade mitigation and the challenges of complex roofs
#1 INVERTER
I. I BRAND
IMPROVED STOCKING AND ORDERING
Ensure that your back office business operations run smoothly and succinctly while
mitigating potential errors.The Sunny Boy-US series can help achieve cost savings in
these areas by providing:
' » An integrated DC disconnect that simplifies equipment stocking and allows for a single
f - — illinverter part number
•
j. r Jr - » All communications integrated into the inverter, eliminating the need to order _
additional equipment
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STREAMLINED INSTALLATION AND COMMISSIONING 6, }
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7 , Expedite your operations in the field by taking advantage of the new Sunny Boy's -
I` installer-friendly feature set including: i
» Direct access via smartphone and utilization of SMA's Installation Assistant,which
\ - minimizes time/labor spent in the field and speeds the path to commissioning aLL
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» Simple commissioning and monitoring setup in a single online portal o.o
» New!Advanced communication interface with fewer components allows for 50%
faster commissioning
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+} . • r SUPERIOR SERVICE a_
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♦ SMA understands the factors that contribute to lifetime PV ownership cost,that's why `�
III' 4 the Sunny Boy-US series was designed for maximum reliability and backstopped by an
unmatched service offering. Benefit from: i.
» SMA Smart Connected,a proactive service solution integrated into Sunny Portal that � E
1.` E automatically detects errors and initiates the repair and replacement process o
» The#1 service team in the PV industry,as recognized by IMS research,with
Pr experience servicing an installed base of more than 55 GW
_ RANKED#1 IN SERVICE
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Docu�i ,
- SECURED
Certificate Of Completion
Envelope Id:5B6D4B9B3ED44F93B4523A127AB5C9B3 Status:Completed
Subject:Sunsense Solar I Pitkin County Contract 197.2019 for Review and Signature
Source Envelope:
Document Pages:44 Signatures:3 Envelope Originator:
Certificate Pages:5 Initials:0 Pitkin County Procurement
AutoNav: Enabled 530 East Main Street
Envelopeld Stamping: Disabled Suite 203
Time Zone: (UTC-07:00)Mountain Time(US&Canada) Aspen,CO 81611
Procurement@PitkinCounty.com
IP Address:65.38.144.66
Record Tracking
Status:Original Holder:Pitkin County Procurement Location: DocuSign
7/1/2019 3:54:39 PM Procurement@PitkinCounty.com
Signer Events Signature Timestamp
Tyler Sweeney Sent:7/1/2019 3:57:43 PM
tyler@sunsensesolar.com tii(1,1^ SWGUAkti Viewed:7/2/2019 8:00:20 AM
Residential Sales Manager Signed:7/8/2019 7:58:04 AM
Security Level: Email,Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address:75.70.100.232
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ted O'Brien Sent:7/1/2019 3:56:42 PM
ted.obrien@pitkincounty.com Resent:7/8/2019 7:58:07 AM
Resource and Trails Manager Viewed:7/8/2019 8:01:06 AM
Security Level: Email,Account Authentication Signed:7/8/2019 8:19:32 AM
(None) Signature Adoption: Uploaded Signature Image
Using IP Address:65.38.144.66
Electronic Record and Signature Disclosure:
Accepted:7/8/2019 8:01:06 AM
ID:ec9567f9-42db-44a4-b746-070ffca9e904
Company Name:Pitkin County,Colorado
Phylis Mattice Sent:7/8/2019 8:19:35 AM
Phylis.Mattice@PitkinCounty.com PLisu Viewed:7/8/2019 7:26:43 PM
Assistant County Manager Signed:7/8/2019 7:27:56 PM
Security Level: Email,Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address:70.127.18.127
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted:7/8/2019 7:26:43 PM
ID: 14837f67-28f7-4982-bce6-cb714e99c2e5
Company Name:Pitkin County,Colorado
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Pitkin County Procurement COPIED Sent:7/8/2019 7:27:59 PM
procurement@pitkincounty.com Resent:7/8/2019 7:28:04 PM
Procurement Viewed:7/11/2019 11:49:08 AM
Pitkin County
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted:6/21/2019 11:35:47 AM
ID:f4b0c7d5-e378-4bad-8806-08d16f6ff44c
Company Name: Pitkin County,Colorado
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/8/2019 7:27:59 PM
Certified Delivered Security Checked 7/8/2019 7:27:59 PM
Signing Complete Security Checked 7/8/2019 7:27:59 PM
Completed Security Checked 7/8/2019 7:27:59 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on:6/11/2019 12:14:06 PM
Parties agreed to:Ted O'Brien,Phylis Mattice,Pitkin County Procurement
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inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process,please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Pitkin County:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: susan.sullivan@pitkincounty.com
To advise Pitkin County of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at susan.sullivan@pitkincounty.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address .
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper or electronic copies from Pitkin County
To request delivery from us of paper or electronic copies of the notices and disclosures
previously provided by us to you electronically, you should request those documents from Pitkin
County under the Colorado Open Records Act by contacting the Pitkin County custodian who
sent you the document for signature. .
To withdraw your consent with Pitkin County
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to susan.sullivan@pitkincounty.com and in the body of such request
you must state your e-mail, full name, Postal Address, telephone number, and account
number.