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HomeMy WebLinkAboutAGREEMENT MISC - ACTIVE SOLAR ENTRY STATIONCity ®f F6rt Collins Financial Services Purchasing Division 215 N. Mason St. 2i0 Floor PO Box 580 P u rch asl n g Fort Collins, CO 80522 970.221.6775 970.221,6707 fcgov, com/purchasing Active Solar and/or Wind Powered System For Soapstone Prairie Natural Area The City of Fort Collins is requesting quotes for an active solar or wind powered system for the Soapstone Prairie Natural Area, 22998 Rawhide Flats Road, Fort Collins, CO.80549. Please e-mail this page complete with cost by November 4, 2008, 5:00 P.M. to John Stephen, CPPO, Senior Buyer at jstephen(Dfcgov com. Contact telephone number is 970-221-6777 and fax is 970-221- 6707. The City prefers that all shop drawing and cut sheets be e-mailed but may be delivered to Purchasing, 215 N Mason, 2nd fl, Ft Collins, CO 80524. If mailed, City of Ft Collins, Purchasing Department. PO Box 580, Ft Collins CO 80522. A pre -bid meeting will be held at 215 N Mason, Room 2A, Fort Collins, CO at 10:00 A.M., October 29, 2008. Provide and install a Design/Build active solar and or wind powered system for a remote entry station in the Soapstone Prairie Natural Area. Cost must include design, all materials, fabrication as needed, and installation for a complete turnkey system. The City reserves the right to verify that system will work as specified and choose a solar system or a wind system. Solar System Wind System Lump Sum Lump Sum FIRM NAME Are you a Corporation, Partnership, DBA, LLC, or PC M Signature S PHONE/FAX # EMAIL: Printed SA rev07/08 ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: EM CORPORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST: (Corporate Seal) CORPORATE SECRETARY 10 SA rev07/08 100"I",��:3 INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 peraccident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. A rev07/08 50AF5TONE FRAIRIE NATURAL AREA REVISED CON5TRUGTION DOGUMENTS 5EFTF-MBER 25, 2005 ABBREVIATIONS ARCHITECTURAL SYMBOLS GENERAL NOTES l IT ;". IT- — — 71 Tt' IT, o ITT I,, Ell I ITT T'- LETIEtTEI— 1,tI—b- -1 —T E—" El tol-I 011— 1 It — MATERIALS It, Ell IT — Il— lE ITT, IT BUILDING DATA EZIJ 125&= LAD I �1�1 Of� 761 El, I K Stun 192SI-1 697S.-. VICINITY MAP A rev07/08 i; w z W J i aQ0 Z -j r - per°' -" i- u)ao - - a Z ,- to � � - U) Now i = SD2 SA rev07/08 T- �R O51Y'X3LdeRMBG c_, IIII®I IMIm11 I MIA PLO" r..�..� 4 tiLL `.QdiiltitF .,..._,v.,x..:.xEl r< LU �L amo LU Quo k—j--s Cfa 4 Ci <Z� 0 co SA rev07/08 ------------ LU CC z < -1 CC < Lu a. CC 0 LU < _j I-- Z<= OCCO U. LL U) < 0 Z >. F- 0 (j) A2.31 SA rev07/08 .•.. w,�a�rtw.. v ~?LLfil'ut4V� Fil1 _� - =r ":n:°=.i °i'n°a`°ii°....r.=:ir.=:n=o'nn'n°n°:ir.°:ii: Iasi M— i : II�II91s:c1I =Apa El SA rev07/08 uj EE z <<M CC LLI -j CL < M 0 LU _j r z <0 Cc M 0 LL M �- U- U) < 0 0- Z 0 cn (IL Now 3.3 SA rev07/08 C g €:- i r W_ E z QQ� � LU aCC Qo W J F- Zaoz Oyu. (n 0 az} Q ~ O N 3.3Q SA rev07/08 A A � i T I I I j �KlTY 5fAlI JN MC vCA MIMI El (IL :ccur�r<v SA rev07/08 Requirements and Plans Provide and install a Design/Build active solar and or wind powered system for a remote entry station in the Soapstone Prairie Natural Area. The building is currently being constructed by the general contractor, TCC Corporation, who has been contracted to install 1" EMT conduit and associated metal J-box, gutter box, outlet boxes, and light fixture boxes based on the Electrical Diagram on Sheet E1.1 to continue construction of the Entry Station until the contractor for this proposed scope of work has been awarded. The selected Design/Build contractor for this solar and /or wind energy system will supply all materials and labor required to install a fully operational electrical system based on the following criteria listed below. 1. Refer to the following attached drawings for the Entry Station Construction Documents and Site Plan: Sheet SD2 - South Site Plan Sheet A1.3 - Entry Station Floor & Roof Framing Plan Sheet A2.3 - Entry Station Building Elevations Sheet A3.3 - Entry Station Building Sections and Interior Elevations Sheet A3.36 - Entry Station Wall Sections and Details Sheet A3.3C - Entry Station Details Sheet E1.1 - Entry Station Electrical Diagram. 2. Provide a Design/Build solar and/or wind system utilizing a 24-volt, sealed maintenance free, deep cycle gel batteries for the power storage. The system will be required to be converted from a 24 volt system to a 110 volt system by use of a power inverter. Solar and/or wind energy storage batteries are anticipated to be located in the northwest corner of the Entry Station, below the desk counter. Refer to sheet E1.1 for the anticipated location of the breaker panel, inverter and other associated equipment necessary for the system. The Soapstone Prairie Natural Area Entry Station will be closed during the months of December, January and February. When in use, the Entry Station will be occupied for approximately 8-10 hours a day on the weekends and up to 4 hours a day on weekdays. Power demands for the entry station are as follows: (1) one, 500 watt 2 foot long conventional electric baseboard heater. (3) three, standard 110 volt light fixtures intended to utilize 23 watt compact fluorescent lamps. (1) one, standard laptop computer by owner (1) one, battery charger for a 12 volt, hand-held radio battery by owner. (1) one, standard Energy Star rated under counter refrigerator (optional) by owner. 3. Provide a 2-day reserve of power to be stored within the system. 4. Assume a free-standing solar and/or wind system that will be located within 50 feet of the Entry Station Structure and provide and install all underground conduit and associated wiring to the Entry Station. 5. Design/Build contractor must be NABCEP (North American Board of Certified Energy Practitioners) certified and a licensed electrician in the State of Colorado. 6. Design/Build contractor will be required to submit for a permit associated with the electrical work and be responsible for getting the scope of work inspected and approved by the State of Colorado electrical inspector. 7. Design/Build contractor to submit shop drawings including cut sheets of all the proposed SA rev07/08 equipment with their bid. SERVICES AGREEMENT THIS AGREEMENT made and entered into the dayand year set forth below byand between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of pages and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of _ (_) page[s], and incorporated herein by this reference. 3. Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated within (_) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 3 SA rev07/08 4. Contract Period. [Option 2] This Agreement shall commence , 200_, and shall continue in full force and effect until , 200_, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed _ (_) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. [Early Termination clause here as an option. 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Attn: Purchasing Attn: PO Box 580 PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 0 SA rev07/08 7. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting of pages, and incorporated herein by this reference. 8. City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 5 SA rev07/08 12. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workman ship/workwomanship for a period beginning with the start of the work and ending twelve (12).months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. SA rev07/08 16. Indemnity/Insurance a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 18. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 7 SA rev07/08 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. 9 SA rev07/08 g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 20. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ) pages, attached hereto and incorporated herein by this reference. I7 SA rev07/08