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HomeMy WebLinkAboutC12-316 Solar Electric Power Company AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND SOLAR ELECTRIC POWER COMPANY, INC. THIS AGREEMENT is made this . day of 5epie 4e_r' , 2012, by and between Eagle County, Colorado (hereinafter referred to as "County "), and Solar Electric Power Company, Inc. a Florida corporation, doing business as SEPCO (hereinafter "Vendor" or "Contractor") with a principal place of business at 7986 SW Jack James Drive, Stuart, FL 34997. WHEREAS, the County desires to purchase bus stop solar lighting systems for operation in bus stops located within Eagle County (the "Equipment "); and WHEREAS, the County, through the Eagle County Regional Transit Authority ("ECRTA'), issued an Invitation for Bids for Bus Stop Solar Lighting Systems dated July 6, 2012, attached hereto as Exhibit A and incorporated herein by this reference, in order to solicit bids for contractors willing and able to provide such Equipment and, WHEREAS, Vendor is authorized to do business in the State of Colorado and has represented that it has the experience and knowledge in the subject matter necessary to sell and provide said Equipment for its intended purpose and use to County, and WHEREAS, after review of bids submitted in response to Exhibit A, County wishes to hire Vendor to supply the Equipment described in Article 1 hereunder; and WHEREAS, County and Vendor intend by this Agreement to set forth the scope of the responsibilities of the Vendor in connection with the Equipment and related terns and conditions to govern the relationship between Vendor and County in connection with this Agreement NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Vendor agree as follows: ARTICLE 1— EQUIPMENT 1.1 Vendor agrees to furnish and sell the Equipment described in the Invitation to Bid and responsive bid documents attached hereto as Exhibit A, and incorporated herein by this reference, and as set forth in the County purchase order, attached hereto as Exhibit B and incorporated herein by this reference. In the event of any conflict between the contents of this Agreement and Exhibit A or Exhibit B this Agreement shall control. 1.2 County shall have the right to inspect all Equipment prior to acceptance. Inspection and acceptance shall not be unreasonably delayed or refused. All Equipment, supplies and/or services which do not comply with the specifications and/or requirements or which are otherwise unacceptable or defective by County, in its sole discretion, may be rejected. In addition, all Equipment, supplies, and or services which are discovered to be defective or which do not conform to any warranty of the Contractor upon inspection (or at any later time if the defects were not reasonably ascertainable upon the initial inspection) may be rejected. County reserves the right to return any such rejected shipment at the Contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received. County's right to reject Equipment shall not exclude any other legal, equitable or contractual remedies County may have. ARTICLE 2 — COUNTY'S REPRESENTATIVE 2.1 The County's ECO Transit designee shall be Vendor's contact with respect to this Agreement ARTICLE 3 — TERM OF AGREEMENT 3.1 This Agreement shall commence upon execution of this Agreement by both parties, and shall continue in full force and effect until the Equipment is delivered, accepted by County and title passes to County. Any guarantees or warranties shall survive termination. ARTICLE 4 — COMPENSATION 4.1 For the Equipment to be provided hereunder, County will pay Vendor the sum set forth in Exhibit B. The maximum amount of compensation under this Agreement shall not exceed twenty one thousand three hundred and thirty six dollars ($21,336.00) without a signed amendment to the Agreement 4.2 Payment will be made for Equipment satisfactorily delivered and upon title of the Equipment passing to County, and within thirty (30) days of receipt of a proper and accurate invoice from Vendor. The invoice shall include a description of Equipment sold to County under this Agreement. Upon request, Vendor shall provide County with such other supporting information as County may 1 0,12.1 request. 4.3 County will not withhold any taxes from monies paid to the Vendor hereunder and Vendor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 4.4 Vendor shall comply with invoicing and payment terms set forth in the Invitation for Bid. ARTICLE 5— VENDOR'S REPRESENTATIONS /WARRANTIES In order to induce County to enter into this Agreement, Vendor makes the following representations: 5.1 Vendor shall deliver the Equipment to County within eight (8) weeks of agreement execution, and not later than November 16, 2012. 5.2 Vendor has familiarized itself with the intended purpose and use of the Equipment by County and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect the performance of the Equipment. Further, Vendor agrees to comply with all requirements of the Federal Transportation Administration as set forth in the Invitation for Bid and attached hereto as Exhibit A. 5.3 Vendor will be responsible for provision of the Equipment to County in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable similar equipment vendors supplying similar Equipment. 5.4 Vendor expressly warrants that all Equipment, supplies, and/or services provided shall: (1) conform to each and every specification, drawing, sample or other description which was furnished to or adopted by County, (2) be fit and sufficient for the purpose expressed in the solicitation documents, (3) be merchantable, (4) be of good materials and workmanship, and (5) be free from defect. Such warranty shall survive delivery and shall not be deemed waived either by reason of County's acceptance of or payment for said Equipment. In addition to any specific guarantees required by this Agreement and any other documents related to this Agreement, Vendor guarantees and warrants that the Equipment shall be new and free from defects of any nature for a period of one (1) year from date the Equipment is delivered and accepted by County, or such longer period as may be provided by law. 5.5 Vendor warrants merchantability and fitness for the Equipment's intended use and purpose. 5.6 All guarantees and warranties of Equipment and other materials furnished to Vendor by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Equipment or materials furnishes a guarantee or warrantee for a period longer than one (1) year from the date the Equipment is delivered and accepted by County, Vendor's guarantee shall extend for a like period as to such Equipment and materials. 5.7 Vendor warrants that title to all Equipment will pass to County upon inspection and acceptance by County free and clear of all liens, claims, security interests or encumbrances. 5.8 Vendor assumes all risk of loss with respect to the Equipment until title to the Equipment passes from Vendor to County. Title shall pass to County after Vendor has delivered the Equipment and County has inspected and accepted the Equipment. 5.9 Within a reasonable time after receipt of written notice, Vendor shall correct at its own expense, without cost to County any defects in the Equipment which existed prior to or during the period of any guarantee or warranty provided in this Agreement. 5.10 Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have against Vendor in law or in equity. 5.11 Warranties required by this Agreement shall commence on the date of acceptance of the Equipment by County and shall terminate one (1) year after such date or such longer period as may be agreed between the parties or as may be provided under applicable law. ARTICLE 6 — ENTIRE AGREEMENT The Contract Documents, which comprise the entire Agreement between the parties, are attached hereto, made a part hereof, and consist of the following: 6.1 This Agreement. 6.2 Exhibit A: Invitation for Bids for Bus Stop Solar Lighting Systems dated July 6, 2012, and all attachments thereto, including but not limited to the Federal Transit Administration Special Terms and Conditions; and all responsive bid documents. 6.3 Exhibit B: County Purchase Order. There are no Contract Documents other than those listed above in this Article 6. The Contract Documents may only be altered, amended, or repealed by a written agreement signed by the parties. The intent of the Contract Documents is to include all items, components and services necessary for the provision of the Equipment described in Article 1 of this Agreement. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. The Contract Documents are listed in order of priority. If a conflict exists in the terms of any of the Contract Documents, the document with a higher priority shall control. ARTICLE 7 — MISCELLANEOUS 7.1 No assignment by a party hereto of any rights under, or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 7.2 County and Vendor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in this Agreement. 7.3 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Vendor in respect of any period after December 3 lwithout an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7.4 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 7.5 The Contract Documents constitute the entire agreement between the parties hereto with respect to the matters covered thereby. All prior negotiations, representations and agreements not incorporated in such Contract Documents are superseded by this Agreement and the Contract Documents. ARTICLE 8 - JURISDICTION AND VENUE: 8.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 8.2 In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney' s fees. ARTICLE 9 - INDEMNIFICATION: 9.1 The Vendor shall indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Vendor or any of its subcontractors hereunder; and Vendor shall reimburse County for any and all attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that the County is solely liable to such third party for such claims without regard to the involvement of the Vendor. 3 ARTICLE 10 - OWNERSHIP OF DOCUMENTS AND MATERIALS: 10.1 Vendor shall execute any bill of sale or other documents required by County to transfer title to the Equipment to County. Vendor shall provide County with copies of any instruction or operations manuals and shall further provide copies of any manufacturers warranties associated with the Equipment. ARTICLE 11— NOTICE 11.1 Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County: Eagle County, Colorado 3289 Cooley Mesa Road P.O. Box 1070 Gypsum, Colorado 81637 (970) 328-3526(p) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8685 (p) (970) 328 -8699 (f) The Vendor: SEPCO Susan K. Robbins 7986 SW James Drive Stuart, FL 34997 (772) 220 -6615 (p) (772) 220 -8616 (f) 11.2 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. ARTICLE 12- PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 12.1 If Vendor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8 -17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Agreement and that Contractor will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. 12.2 Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 12.3 Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http:// www .dhs.gov /xprevprotlproQrams /ec 1185221678150. stun 12.4 The Contractor shall not use either the E- verify program or other Department Program procedures to undertake pre- employment screening of job applicants while the public contract for services is being performed. 12. 5 If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: 4 (i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor 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. 12.6 The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5- 102(5). 12.7 If a Contractor violates these prohibitions, the County may terminate this Agreement for a breach of the contract. If the Agreement is so terminated specifically for a breach of this Article 12, the Contractor shall be liable for actual and consequential damages to the County as required by law. 12.8 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. ARTICLE 13 — INDEPENDENT CONTRACTOR 13.1 It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship between County and Contractor or County and Contractor's employees. Contractor and its employees shall be, and shall perform as, independent contractors. No officer, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for the means and methods to carry out the Services under this Agreement and for Contractor's acts and for the acts of its officers, agents, employees, and servants during the performance of this agreement. Neither Contractor nor its officers, agents, subcontractors, employees or servants may represent, act, purport to act or be deemed the agent, representative, employee or servant of County. ARTICLE 14 — INSURANCE REQUIREMENTS 14.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following minimum amounts: 14.1.1 Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; 14.1.2 Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and $1,000,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 14.1.3 Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor with respect to all Work performed under this Agreement and shall also name County as an additional insured, in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $1,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 14.2 Contractor shall purchase and maintain such insurance as required above and the certificate of insurance is attached hereto as Exhibit C. 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, by its County Manager By: _s t e Montag CONTRACTOR: Solar Electric Power Company, act 5 corporation, doing business as SEPCO B �� / Title: , � CONTRACTOR IS REQUIRED TO HAVE ITS SIGNATURE NOTARIZED STATE OF F - ) ss. COUNTY OF M a( -1-i (• The foregoing instrument was acknowledged before me by Sievell G2f-4imof 3ta( Clec4fic ?)wef Co this /F day of eic>itrseN Ye ,2012. My commission expires: }�U5i 5 do 1 (9 A/zzztfr, (77 ars- Notary Public KATNRy mM R ` r My Comm. Expi Avg Commission • EE 01 7 16 6 EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY dba ECO TRANSIT Invitation For Bids Bus Stop Solar Lighting Systems DATE ISSUED JULY 6, 2012 BIDS DUE: (Bid Opening) Friday, July 27th at 4:00 p.m. MST 3289 Cooley Mesa Road Gypsum, CO 81637 SEND TO: Kelley Collier, ECO Transit MAILING ADDRESS (Postal Service): PO Box 1070 Gypsum, CO 81637 MAILING ADDRESS (UPS /FEDEX or In Person Delivery): 3289 Cooley Mesa Road Gypsum, CO 81637 970 - 328 -3533 kelley.collier @eaglecounty.us 1 EXHIBIT A INVITATION FOR BIDS Bus Stop Solar Lighting Systems Eagle County Regional Transportation Authority dba ECO Transit desires to purchase the bus stop solar lighting systems listed below in compliance with the terms, conditions and specifications contained herein. Sealed Bids, signed and original only, subject to the Invitation for Bid, Provisions and Specifications documents, will be received until 4:00 p.m. MST on, Friday, July 27th, 2012, delivered to the contact and address listed on page 1. The selection of a vendor shall be made without regard to race, color, sex, age, religion, national origin, or political affiliation. Eagle County is an Equal Opportunity Employer and encourages proposals from qualified minority and woman -owned businesses. In addition, Eagle County does not discriminate on the basis of disability in the admissions or access to, or treatment of or employment in, its programs or activities. Disability - related aids or services, including printed information in alternate formats, to enable persons with disabilities to participate in bid openings, and to deliver bid packages to the location specified herein, are available by contacting Kelley Collier at (970) 328 -3533 one week prior to the bid opening. Bid Instructions Submission of Bids: Each bid must be submitted in the prescribed format in a sealed envelope with the bid ID: "ECO Transit Bus Stop Solar Lighting ", closing date, and time of submission on the outside. Each bid must be submitted with original signatures. Information must be furnished complete in compliance with the terms, conditions, provisions and specifications of the Invitation For Bids. The information requested and the manner of submission is essential to permit prompt evaluation of all bids on a fair and uniform basis. Accordingly, ECO Transit reserves the right to declare as non - responsive, and reject any bid in which material information requested is not furnished or where indirect or incomplete answers or information is provided. All prices and bids must be electronic typed in or in ink. No pencil figures or erasures are permitted. Mistakes may be crossed out and corrections inserted adjacent thereto and must be initialed in ink by the person signing the bid. All bids must be signed with the firm's name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled. No electronic, telephone, or facsimile of bids will be accepted. If a photocopy is to be submitted, it must be submitted with original signatures. Bids and modifications or corrections thereof received after the closing time specified will not be considered. 2 Bids shall be for the total net price including all applicable charges and fees, delivered F.O.B., ECO Transit. Delivery location is ECO Transit, 3289 Cooley Mesa Road, Gypsum, CO 81637. Delivery Charges: Delivery charges to ECO Transit shall be listed as a separate line item where indicated in the Price Worksheet under IFB Submission Document #1 on page 15. No installation from the vendor is required; Eagle County staff will complete installation. Required Documents 1. IFB SUBMISSION DOCUMENT #1: Price Worksheet 2. IFB SUBMISSION DOCUMENT #2: Warranty Service 3. IFB SUBMISSION DOCUMENT #3: Product Information, Delivery, Conformance with Specifications 4. IFB SUBMISSION DOCUMENT #4: Certification of Compliance with FTA Terms and Conditions 5. Summary of solar system calculations (Array to Load Ratio, Battery Reserve Storage Days, etc) providing a minimum Array to Load ratio of 1.05 and energy reserve for a minimum of 3 nights. Requests for Clarification Requests for information and clarifications must be submitted in writing by email to the contact person listed on page 1. Bidders are required to submit requests to the County no later than 5:00 pm MST on Friday, July 20, 2012. The County may elect not to respond to requests submitted after this time and date. Addenda addressing the request for information or clarification will be posted on the Eagle County website: http: / /www.eaglecounty.us /Transit/ and sent to the original bidder's list by 5:00 pm MST on Tuesday, July 24. Bid Results NOTE: The results of the IFB opening can be obtained by accessing the County's web site address listed below not sooner than five (5) days after opening of bids: wvvw.eaglecounty.us/rfp The posted IFB results will not list all exceptions taken to each specification, and shall not be considered as final. Where IFB exceptions are noted, said exceptions will be evaluated to determine exception or rejection. Should you have any questions regarding the IFB results, please call Kelley Collier at (970) 328 -3533. Certification of Compliance with FTA Terms and Conditions Because this purchase is funded in part with Federal Transit Administration (FTA) grant dollars, the vendor must read through the FTA required terms and conditions provided on pages 19 -26 in IFB Submission Document #4, sign the certification of compliance on page 24, sign the debarment and suspension certification on page 26, and submit the signed certifications with the bid response. 3 MINIMUM SPECIFICATIONS NOTE: Any deviations from the written specifications shown in the Invitation for Bids shall be noted in the Exception Portion of IFB SUBMISSION DOCUMENT #3: Product Information, Delivery, Conformance with Specifications. PART 1- PRODUCTS 1.1 GENERAL - Solar Powered Bus Stop Lighting System A. Dusk to Dawn Lighting B. 3 Day Battery Life C. White Light LED Output D. 1 Piece Unit (Light Attached to Post Prior to Delivery) E. 12 Foot Posts - Black, 1 inches or 2 inch Round or Square Post F. 14x12 Photovoltaic (PV) Module (Solar Panels) or Smaller G. Minimum 4 foot Candle of Light Ground Level when Post at 10 feet H. 21 units 1.2 SUBSYSTEM DETAIL - Solar Powered Bus Stop Lighting System A. Solar Powered Bus Stop Light System consists of six subsystems: Photovoltaic (PV) Modules, Solar Light Controller, Single Light System Enclosure (containing light controller, battery, and luminaire), LED Luminaires, Batteries, Mounting and Support Hardware and Wiring System. B. Solar light system is sized to ensure light is available all night long at full intensity with adequate PV for recharging. C. Battery system is sized for a minimum battery reserve of 3 nights. 1. Photovoltaic (PV) Module a. Construction: 1) Crystalline silicon solar cells 2) Framed in an all- aluminum structure 3) Sealed behind UV stabilized tempered glass 4) Covered by a 10 year power warranty 4 5) Meet or exceed IEC61215 6) RoHS compliant 7) Harnessing and cabling is 12 AWG THHN stranded wire with over molded insulated rated for exterior usage 8) All cabling, framing and glass is UV stabilized b. Performance: PV power rating generates adequate power to fully recharge system batteries within two (2) days at the installation location. c. Finished with a weather -proof connector, junction box and sealant for a tool - less connection to other system harnessing. 2. Solar Light Controller - consists of an integrated battery charge controller and LED driver. a. Construction: 1) Enclosed within the light system with touch -proof covers to prevent damage. 2) Conformal coated to prevent corrosion and failure due to water. 3) Minimum 5 year operational life when operating at minimum or maximum rated system environmental specifications (10° C to 50° C at 0 - 100% relative humidity, non - condensing). 4) Designed to withstand electrostatic discharges up to 15,000 V without impairment per IEC 801 -2. 5) Designed to withstand up to a 6,000 Volt surge without impairment of performance as defined by ANSI C62.41 Category A. b. Performance: 1) Operates in the following modes (factory set, not field adjustable): a) Dusk to Dawn 2) Controller automatically determines "dusk" and "dawn" and does not require additional exterior sensors. 3) Charge Controller operates with battery charging limits ensuring battery charging and discharging protects battery(ies) from 5 over and under voltage stress. 4) Operate the light for three (3) nights without adequate insulation during the day to charge the batteries. 5) Charge controller never discharges more than 40% depth of discharge per night to ensure a full life cycle on the batteries. 3. Light System Enclosure a. Construction: 1) Heavy gauge aluminum 2) Powder coated to match the stop 3) Vandal resistant stainless steel hardware 4) Diffuse High Flux white LED light 5) Polycarbonate clear lens with tamper proof screws 6) Sealed, rain - proof, and hose -clean tight 7) Hinged cover for easy maintenance access by authorized personnel 4. LED Luminaires a. Construction: 1) Sealed, water tight, IP65 High Flux LED integrated into enclosure 2) Diffusing polycarbonate lens to distribute light within the stop 3) Tamper resistant hardware 4) Factory installed LED module only 5) Screw in type base bulbs are not acceptable 6) Keyed "test" switch for checking lights during daylight hours b. Performance: 1) LED source designed for a minimum of 60,000 hour performance with over 70% initial lumen maintenance in the worst case operating conditions. 2) LED junction temperature does not exceed 120° C in worst -case site temperature conditions. 3) High brightness LEDs only ( >80 lumens /Watt) per LED. 5 mm type LEDs are not acceptable 6 4) Bright white LEDs with a color temperature greater than 5000 K (> 5000 K) 5) Illuminance shall be a minimum 2 Footcandles at bench height spread evenly throughout the bus stop footprint. 5. Batteries a. Construction: 1) Sealed valve regulated Gel or AGM cell type 2) Maintenance free 3) Air shippable 4) 100% recyclable b. Performance: 1) Capable of over 2000 cycles 2) Deep cycle technology 3) Maintains over 80% of charge after 2 months if left disconnected 6. Mounting and Support Hardware & Wire Harnesses a. Construction: 1) All aluminum bracing and support struts. 2) Aluminum or stainless steel hardware for rust -proof and corrosion resistant mounting equipment. 3) All field serviceable cabling is quick- connect plug -in type and designed to prevent incorrect wiring of system. All quick - connects are IP65 rated. b. Performance: 1) PV, Battery, and Fixture mounting hardware rated for 100 mph wind conditions. 2) PV support structure adjustable for mounting on flat or pitched stop roofs degrees for ideal solar harvesting. 1.3 Source Quality Control — Solar Powered Bus Stop Lighting System A. Perform full- function testing on 100% of all lighting systems at the factory. 7 PART 2 - GENERAL 2.1 REFERENCES A. International Electrotechnical Commission. 1. (IEC) 801 -2 Electrostatic Discharge Testing Standard. B. National Electrical Code (www.nfpa.org) 1. NEC Handbook Book 2011 C. National Electrical Manufacturers Association (NEMA) 1. NEMA 250 -2003 - Enclosures for Electrical Equipment 2. ANSI /IEC 60529 -2004 - Degrees of Protection Provided by Enclosures D. Underwriters Laboratories, Inc. (UL): 1. UL 2108 Low Voltage Lighting Systems 2.2 SAFETY A. All products shall be low voltage DC lighting products. B. All products shall comply with the National Electrical Code. 2.3 QUALITY ASSURANCE A. Manufacturer and Seller: Minimum 5 years experience producing of solar powered lighting systems. B. Photo Voltaic panels shall be IEC61215 compliant. C. Battery shall be rated "non- spillable" by ICAO /IATA /DOT. 2.4 PROJECT CONDITIONS A. Ambient temperature: -40° to 50° C. B. Relative humidity: 0 to 100 %. C. PV panel, architectural angle, bracing and security hardware and all coupling components exceed maximum specified wind loading conditions (ASCE Wind Map). D. Photo Voltaic Panel rated to withstand hailstone impact described in ASTM E1038- 93 and surface Cut Susceptibility tests (UL 1703 -24). 8 2.5 WARRANTY A. Provide manufacturer's warranty covering 3 years on solar lighting system from date of purchase. B. Solar Voltaic Panel covered for 10 years. C. Mounting hardware, arms, angle, & brackets covered for a minimum of 10 years. D. LED light engine, lamps and fixtures covered for a minimum of 10 years. E. Wire harnessing, connectors and terminals covered for a minimum of 10 years. F. Electronics: LED driver, charge controller, communications covered for a minimum of 3 years. G. Batteries have a limited warranty with a replacement cost credit for up to 3 years with the following minimum coverage: 100% credit for the first year, 60% credit for year 2, 40% coverage for year 3. 2.6 STORAGE AND HANDLING A. Battery(ies) approved for shipping via ground, air, or sea. B. Battery(ies) retains 80% charge or higher from four (4) months of shipment. C. Battery(ies) require no charging or service prior to use if installed within four (4) months of shipment from manufacturer's facility. 2.7 MAINTENANCE A. Make replacements available for minimum of five years from date of manufacture. B. Seller shall provide telephone and e -mail technical support for warranty, maintenance, repair and installation questions and issues during the hours of 8:00 am to 5:00 pm MST, Monday - Friday. 9 STANDARD SOLICITATION PROVISIONS 1. This Invitation For Bids shall result in a firm, fixed price contract to purchase. 2. Eagle County reserves the right to reject any or all bids /quotes /proposals, and to accept or reject any items thereon, and to waive technicalities. In case of error in the extension of prices in the bid /quote /proposal, unit prices will govern. 3. All bids /quotes /proposals must be signed with the firm name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled. 4. If providing bids /quotes /proposals for commodities, the Bidder /Offeror will state brand or make on each item. If bidding or proposing other than the make, model or brand specified, the manufacturer's name, model number or catalog number must be given. 5. The date specified for the returning of bids /quotes /proposals is a firm deadline and all bids /quotes /proposals must be received at the designated office by that time. GENERAL TERMS AND CONDITIONS Bid Postponement and Amendment ECO Transit reserves the right to revise or amend the specifications up to the time set for opening the bids. Such revisions and amendments, if any, shall be announced by amendments to this solicitation. Copies of such amendments shall be furnished to all prospective sellers. Prospective sellers are defined as those sellers listed on ECO Transit's bidder list for this material, or who have obtained bid documents subsequent to the bid advertisement. If the revisions and amendments require changes in quantities or prices proposed, or both, the date set for opening bids may be postponed by such number of days as in the opinion of ECO Transit shall enable sellers to revise their bids. In any case, the bid opening shall be at least five (5) working days after the last amendment, and the amendment shall include an announcement of the new date, if applicable, for the opening of bids. Single Bid Response If only one bid is received in response to the Invitation For Bids, a detailed cost proposal may be requested of the single Seller. A cost /price analysis and evaluation and /or audit may be performed of the cost proposal in order to determine if the price is fair and reasonable. Bid Withdrawal After the bids are opened, bids may not be withdrawn for thirty (30) calendar days. Prior to the date /time set for the bid opening, however, bids may be modified or withdrawn by the Seller's authorized representative in person, or by written email notice. If bids are modified or withdrawn in person, the authorized representative shall make his identity known and shall sign a receipt for the bid. Written notices shall be received in the office designated on 10 Page No. 1 of this Invitation For Bids no later than the exact date /time for the bid opening. Award Notice of bid award, if bid be awarded, will be made within thirty (30) days of opening of bids to the lowest responsive and responsible seller, whose bid proposal complies with all the requirements in the Invitation For Bids. Modification ECO Transit at any time prior to the delivery date specified on the resulting Purchase Order or Purchase Contract, may issue a written order for any modifications. Such modifications shall be the result of negotiation and agreement between both parties. Oral change orders are not permitted. No change in this Invitation For Bids or resulting Purchase Order or Purchase Contract shall be made unless ECO Transit gives its prior written approval. The Seller shall be liable for all costs resulting from any unauthorized changes to the Invitation For Bids, Purchase Order or Purchase Contract. Contract /Purchase Order By submitting a bid /quote /proposal, the Bidder /Offeror agrees to furnish any and all equipment, supplies and /or services specified in the solicitation documents, at the prices quoted, pursuant to all requirements and specifications contained therein. A binding contract shall consist of: (1) the solicitation documents, amendments thereto, and /or Best and Final Offer (BAFO) request(s) with any changes /additions, (2) the Contractor's proposal and /or submitted pricing, and (3) Eagle County acceptance of the proposal and /or bid by purchase order or post -award contract. A notice of award does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies and /or services, the Contractor must receive a properly authorized purchase order and /or notice to proceed. Orders Orders against the contract will be placed by the Eagle County personnel unless notified differently in writing. Invoicing and Payment Eagle County is exempt from paying Colorado Sales Tax. However, the Contractor may themselves be responsible for the payment of taxes on materials they purchase to fulfill the contract. A Sales Tax Exemption Certificate will be furnished to the successful Bidder /Offeror upon request. Each invoice should be itemized in accordance with items listed on the purchase order and /or contract. Each invoice submitted must reference the purchase order number and must be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment. 11 Unless otherwise provided for in the solicitation documents, payment for all equipment, supplies, and /or services required herein shall be made once delivery has occurred. Eagle County shall not make any advance deposits. Eagle County assumes no obligation for equipment, supplies, and /or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the Eagle County rejection and shall be returned at the Contractor's expense. Cancellation of Contract Eagle County may cancel the contract at any time for a material breach of contractual obligations or for convenience by providing the Contractor with written notice of cancellation. Should Eagle County exercise its right to cancel the contract for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Contractor. If Eagle County cancels the contract for breach, Eagle County reserves the right to obtain the equipment, supplies, and /or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as Eagle County deems appropriate and charge the Contractor for any additional costs incurred thereby. Deliveries The delivery date or term within which the proposed item(s) will be delivered shall be stated in the space provided under Delivery Information. Failure by the successful seller to notify ECO Transit immediately of any delivery beyond the stated date or terms is cause for the contractor to be held responsible for damages incurred as a result of an extended delivery time. Delivery will only be received between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Material arriving after 5:00 p.m. will not be unloaded until the following workday. No material will be received on Saturday, Sunday or state holidays. If the prices bid herein include the delivery cost of the material, the Contractor agrees to pay all transportation charges on the material as FOB - Destination. Inspection and Acceptance No equipment, supplies, and /or services received by Eagle County pursuant to a contract shall be deemed accepted until Eagle County has had reasonable opportunity to inspect said equipment, supplies, and /or services. All equipment, supplies, and /or services which do not comply with the specifications and /or requirements or which are otherwise unacceptable or defective may be rejected. In addition, all equipment, supplies, and /or services which are discovered to be defective or which do not conform to any warranty of the Contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected. 12 Eagle County reserves the right to return any such rejected shipment at the Contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received. Eagle County's right to reject any unacceptable equipment, supplies, and /or services shall not exclude any other legal, equitable or contractual remedies Eagle County may have. Warranty The Offeror shall state on IFB SUBMISSION DOCUMENT #2: Warranty Service the terms and conditions of the warranty being offered with the equipment bid. The Contractor expressly warrants that all equipment, supplies, and /or services provided shall: (1) conform to each and every specification, drawing, sample or other description which was furnished to or adopted by Eagle County, (2) be fit and sufficient for the purpose expressed in the solicitation documents, (3) be merchantable, (4) be of good materials and workmanship, and (5) be free from defect. Such warranty shall survive delivery and shall not be deemed waived either by reason of Eagle County's acceptance of or payment for said equipment, supplies, and /or services. Nondiscrimination The Contractor shall comply with the Regulations relative to nondiscrimination in federally- assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. All solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of the Contractor's obligations under this contract and the Regulations, will be relative to nondiscrimination on the grounds of race, color, or national origin. Status of Independent Contractor The Contractor represents itself to be an independent Contractor offering such services to the general public and shall not represent itself or its employees to be an employee of the Eagle County. Therefore, the Contractor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers' compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save and hold Eagle County, its officers, agents and employees harmless from and against any and all losses (including attorney fees) and damage of any kind related to such matters. Assignment and Subcontracting: The seller shall not assign or subcontract the work, or any part thereof, without the previous written consent of ECO Transit, nor shall he /she assign, by power of attorney or otherwise, any of the money payable under this contract unless written consent of ECO 13 Transit has been obtained. Indemnification The Offeror shall defend, indemnify and hold harmless, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the Offeror's performance of its obligations under this Agreement. SPECIAL PROVISIONS Technical Data Bidder shall submit with their bid complete and current technical data on the proposed bus stop solar lighting systems. The technical submittals shall provide sufficient information for the County to determine a bidder's compliance with the IFB Minimum Specifications. This information may include, but is not limited to, written specifications, cut sheets, diagrams, drawings and sales literature. Replacement Parts Replacement parts availability shall be a critical consideration in the evaluation of this bid. The bidder shall maintain a stock of replacement parts for each bid item, and shall be in a position to replace such part or parts as may be required for a period consistent with the life of the bus stop solar lighting system. The type and location of the supplier's parts service facility shall be provided with the bid submittal. Manuals and Technical Information During the contract term, the successful bidder shall provide to the City the following technical information for the bus stop solar lighting systems: A. Installation and Operation manuals including wiring diagrams covering the proposed systems. B. Repair and maintenance manuals covering all components as purchased. C. Parts lists giving service part numbers covering the equipment purchased. 14 IFB SUBMISSION DOCUMENT #1: PRICE WORKSHEET QUANTITY BID ITEM UNIT PRICE (1) TOTAL PRICE (Unit x Quantity) Bus Stop Solar Lighting Systems. • Dusk to dawn lighting. • White light LED illumination. 21 • Three -day battery life. $ $ SEE MINIMUM SPECIFICATIONS page 4. Sub -Total $ Sales Tax EXEMPT = $0 Delivery Charge $ Total Price $ In compliance with the above, the undersigned offers and agrees, if this IFB is accepted, within sixty (60) calendar days from date of opening, to furnish any or all of the items upon which prices are offered at the price set opposite each item, delivered at the designated point(s) within the time specified in the Schedule. Name and Address of Bidder: Signature of Person Authorized to Sign: Please Print Signer's Name and Title: Date of Bid: Phone Number: 15 IFB SUBMISSION DOCUMENT #2: Warranty Service The bus stop solar lighting systems shall be covered by the warranty as described under Specification Part 2.5 - Warranty and shall be confirmed by the bidder in the below spaces. Bidders shall also provide in the below spaces the name and address of the warranty service locations during the warranty period and after the warranty period. NOTE: In all purchases made by ECO Transit, availability and accessibility of warranty service and service after warranty may be considered in determining the lowest responsive and responsible bidder. Warranty Terms and Conditions Warranty Service Location: Name: Phone: Address: Email /Fax: Service and Parts Location after warranty: Name: Phone: Address: Email /Fax: 16 IFB SUBMISSION DOCUMENT #3: Product Information, Delivery, Conformance with Specifications PRODUCT INFORMATION With this document please provide any product data to include catalog specification sheets with performance details demonstrating compliance with specifications. DELIVERY INFORMATION The Bidder shall be required to state the delivery specified herein in the space provided below. No later than calendar days after placing order. CONFORMANCE WITH SPECIFICATIONS Indicate whether the submitted equipment: 1. Meets the specification exactly as stated. YES NO 2. Meets the specification via an alternate means YES NO and indicate the specific methodology used below in the VENDOR NOTES section. VENDOR NOTES Please provide the product brand name, description and any additional information in regards to the quotation and materials in the vendor notes section (below). 17 Eagle County purchase orders must be issued to the invoicing company /address. If the invoicing company /address will be different from that listed in the vendor information IFB Submission Document #1, the vendor must specify the "remit to" company /address in the vendor information section below. VENDOR INFORMATION Vendor Name /Mailing Address: Vendor Contact Information (including area codes): Phone #: Fax #: Is your company registered /certified with the State of Colorado as a(please circle): MINORITY BUSINESS ENTERPRISE (MBE)? YES NO DISADVANTAGED BUSINESS ENTERPRISE (DBE)? YES NO 18 IFB SUBMISSION DOCUMENT #4: Certification of Compliance with FTA Terms and Conditions FEDERAL TRANSIT ADMINISTRATION SPECIAL TERMS AND CONDITIONS This project is funded in part by the Federal Transit Administration and the Colorado Department of Transportation, and therefore is subject to the following federal Third Party Contract requirements. Compliance with Federal Regulations Any contract entered pursuant to this solicitation shall contain the following provisions: All USDOT- required contractual provisions, as set forth in FTA Circular 4220.1F, are incorporated by reference. Anything to the contrary herein notwithstanding, FTA mandated terms shall control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any grantee request that would cause the recipient to be in violation of FTA terms and conditions. Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or incorporated by reference in the Master Agreement between the recipient and FTA, as may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Energy Conservation Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act. Access to Records and Reports The following access to records requirements apply to this Contract: Contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives access to any books, documents, papers and contractor records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PMO contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. Contractor shall maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the recipient, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR 18.39(i)(11). FTA does not require the inclusion of these requirements in subcontracts. Federal Changes Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, 19 including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract. Recycled Products The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. No Government Obligation to Third Parties (1) The recipient and contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the recipient, the contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts (1) Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate. (2) If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on contractor, to the extent the US Government deems appropriate. (3) Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Termination a. Termination for Convenience. The recipient may terminate this contract, in whole or in part, at any time by written notice to contractor when it is in the recipient's best interest. Contractor shall be paid its costs, including contract close -out costs, and profit on work performed up to the time of termination. Contractor shall promptly submit its termination claim to the recipient. If contractor is in possession of any of the recipient's property, contractor shall account for same, and dispose of it 20 as the recipient directs. b. Termination for Default [Breach or Cause]. If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, the recipient may terminate this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the recipient that contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of contractor, the recipient, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure. The recipient in its sole discretion may, in the case of a termination for breach or default, allow contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions If contractor fails to remedy to the recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by contractor or written notice from the recipient setting forth the nature of said breach or default, the recipient shall have the right to terminate the Contract without any further obligation to contractor. Any such termination for default shall not in any way operate to preclude the recipient from also pursuing all available remedies against contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach. In the event that the recipient elects to waive its remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by the recipient shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. Civil Rights Requirements (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC 2000d, Sec. 303 of the Age Discrimination Act (1975), as amended, 42 USC 6102, Sec. 202 of the 21 Americans with Disabilities Act (1990), 42 USC 12132, and 49 USC 5332, contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age or disability. Contractor shall also comply with applicable Federal implementing regulations and other requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 USC 2000e, and 49 USC 5332, contractor shall comply with all applicable equal employment opportunity requirements of USDOL, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, USDOL," 41 CFR 60 et seq., (implementing Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC 2000e), and any applicable Federal statutes, executive orders, regulations, and policies that may in the future affect construction activities undertaken in the course of the project. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, contractor shall comply with any implementing requirements FTA may issue. (b) Age - In accordance with Sec. 4 of the Age Discrimination in Employment Act (1967), as amended, 29 USC 623 and 49 USC 5332, contractor shall refrain from discrimination against present and prospective employees for reason of age. Contractor shall also comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with Sec. 102 of the Americans with Disabilities Act (ADA), as amended, 42 USC 12112, contractor shall comply with the requirements of US Equal Employment Opportunity Commission (EEOC), Regulations to Implement Equal Employment Provisions of the Americans with Disabilities Act, 29 CFR 1630, pertaining to employment of persons with disabilities. Contractor shall also comply with any implementing requirements FTA may issue. (3) Contractor shall include these requirements in each subcontract financed in whole or in part with FTA assistance, modified only if necessary to identify the affected parties. Disadvantaged Business Enterprise a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10 %. The recipient's overall goal for DBE participation is listed elsewhere. If a separate contract goal for DBE participation has been established for this procurement, it is listed elsewhere. b. The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the municipal corporation deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 22 26.13(b)). c. If a separate contract goal has been established, Bidders /offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. d. If no separate contract goal has been established, the successful bidder /offeror will be required to report its DBE participation obtained through race - neutral means throughout the period of performance. e. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the recipient and contractor's receipt of the partial retainage payment related to the subcontractor's work. f. The contractor must promptly notify the recipient whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipient. Access Requirements for Persons with Disabilities Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing those services and facilities to implement that policy. Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT- required contractual provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions. Environmental Protections Compliance is required with any applicable Federal laws imposing environmental and resource conservation requirements for the project. Some, but not all, of the major Federal laws that may affect the project include: the National Environmental Policy Act of 1969; the Clean Air Act; the Resource Conservation and Recovery Act; the comprehensive Environmental response, Compensation and Liability Act; as well as environmental provisions with Title 23 U.S.C., and 49 23 U.C. chapter 53. The U.S. EPA, FHWA and other federal agencies may issue other federal regulations and directives that may affect the project. Compliance is required with any applicable Federal laws and regulations in effect now or that become effective in the future. Ineligible Contractors and Subcontractors Any name appearing upon the Comptroller General's list of ineligible contractors for federally - assisted contracts shall be ineligible to act as a subcontractor for contractor pursuant to this contract. If contractor is on the Comptroller General's list of ineligible contractors for federally financed or assisted construction, the recipient shall cancel, terminate or suspend this contract. Government Wide Debarment and Suspension This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractors, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the recipient. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the recipient, the Federal Government may pursue available remedies, including but not limited to suspension and /or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. PLEASE PROVIDE THE FOLLOWING INFORMATION AS ACCEPTANCE OF THESE TERMS. VENDOR BUSINESS: NAME: TITLE: SIGNATURE: DATE: 24 GOVERNMENT -WIDE DEBARMENT AND SUSPENSION 49 CFR Part29, Executive Orders 12549, 12689, and 31 U.S.C.6101 (Contracts over $25,000) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103 -355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the recipient. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the recipient, the Federal 25 Government may pursue available remedies, including but not limited to suspension and /or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contractor Signature of Authorized Official Date _ /_ /_ Name and Title of Contractor's Authorized Official 26 EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY dba ECO TRANSIT Invitation For Bids Bus Stop Solar Lighting Systems Addendum #1 Please accept this revision to Section 1.1 G. G. Minimum 2 foot Candle of Light Ground Level when Post at 10 feet 970 - 328 -3533 kelley.collier@eaglecounty.us IFB SUBMISSION DOCUMENT #1: PRICE WORKSHEET QUANTITY BID ITEM UNIT PRICE (1) TOTAL PRICE (Unit x Quantity) Bus Stop Solar Lighting Systems. • Dusk to dawn lighting. • White light LED illumination. • Three -day battery life. $ 9 ,3(� eg $ /965 — SEE MINIMUM SPECIFICATIONS page 4. Sub -Total $ Sales Tax EXEMPT = $0 Delivery Charge $ eo Total Price $ 2- / 336 In compliance with the above, the undersigned offers and agrees, if this IFB is accepted, within sixty (60) calendar days from date of opening, to furnish any or all of the items upon which prices are offered at the price set opposite each item, delivered at the designated point(s) within the time specified in the Schedule. Name and Address of Bidder: Signature of Person Authorized to Sign: /�o L 7 66 S IA> .� GLk �cw✓Ies or. Sfu�►rf �L z-.-/19 7 Please Print Signer's Name and Title: Date of Bid: Phone Number: 7 7. 12_ 772- 2 2 °.66/ 15 IFB SUBMISSION DOCUMENT #2: Warranty Service The bus stop solar lighting systems shall be covered by the warranty as described under Specification Part 2.5 - Warranty and shall be confirmed by the bidder in the below spaces. Bidders shall also provide in the below spaces the name and address of the warranty service locations during the warranty period and after the warranty period. NOTE: In all purchases made by ECO Transit, availability and accessibility of warranty service and service after warranty maybe considered in determining the lowest responsive and responsible bidder. Warranty Terms and Conditions S /72O here ,� 7 b 5 P . 5 ec. , , c TUB' 1Ve iota �7 �%� 7 2. 5 e1 t° 4,'c/ Spec s 6 ,,5PCn / S r ed -P✓?" iTarn 7'O 9/A1 /1� - b", .. d 7 "7 G'ci� ,Suit/, 71' Qr A1 Warranty Service Location: Name: S IGO Phone: 77 Z. - 2 z - d6/ 3 Address: 7 9 CC6 S ( - V 3.1,4/e-3 Kam''. `✓e. . ,L 3 9 7 Email /Fax: r.A41 © 5 eix,o e Gam e- : 77 Z - 2Z d - 061C Service and Parts Location after warranty: Name: .S gee Phone: Address: Email /Fax: 16 IFB SUBMISSION DOCUMENT #3: Product Information, Delivery, Conformance with Specifications PRODUCT INFORMATION With this document please provide any product data to include catalog specification sheets with performance details demonstrating compliance with specifications. DELIVERY INFORMATION The Bidder shall be required to state the delivery specified herein in the space provided below. No later than .6 calendar days after placing order. CONFORMANCE WITH SPECIFICATIONS Indicate whether the submitted equipment: 1. Meets the specification exactly as stated. YES 2. Meets the specification via an alternate means YES NO and indicate the specific methodology used below in the VENDOR NOTES section. VENDOR NOTES Please provide the product brand name, description and any additional information in regards to the quotation and materials in the vendor notes section (below). `�9 cces5 �� aoew fn 0 ,44s , T1 xrvre s ✓' G ✓ ' e.novk 10 /& /i'c/ ,' -� x ed -Fo f Gee /-o f o-g e P , x /vi r` w ; 4, Z s cre►4s, ('re, plD ✓✓1 + eoe. , 4 The_ $t(4./ &ere Solar o< d �� �X e et fo erPas ed Li S u ✓1 cr�,GQ Ce p je, � r rtes s 00 io e, stieol Snow /i'a SITS f' a t1C dej ree °'-'0 6 � ° /Lit' ,d/ic/d r ,4•i S (c'" 17 Eagle County purchase orders must be issued to the invoicing company /address. If the invoicing company /address will be different from that listed in the vendor information IFB Submission Document #1, the vendor must specify the "remit to" company /address in the vendor information section below. VENDOR INFORMATION Vendor Name /Mailing Address: Vendor Contact Information (including area codes): Phone #: Fax #: Is your company registered /certified with the State of Colorado as a(please circle): MINORITY BUSINESS ENTERPRISE (MBE)? YES NO DISADVANTAGED BUSINESS ENTERPRISE (DBE)? YES NO 18 IFB SUBMISSION DOCUMENT #4: Certification of Compliance with FTA Terms and Conditions FEDERAL TRANSIT ADMINISTRATION SPECIAL TERMS AND CONDITIONS This project is funded in part by the Federal Transit Administration and the Colorado Department of Transportation, and therefore is subject to the following federal Third Party Contract requirements. Compliance with Federal Regulations Any contract entered pursuant to this solicitation shall contain the following provisions: All USDOT- required contractual provisions, as set forth in FTA Circular 4220.1F, are incorporated by reference. Anything to the contrary herein notwithstanding, FTA mandated terms shall control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any grantee request that would cause the recipient to be in violation of FTA terms and conditions. Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or incorporated by reference in the Master Agreement between the recipient and FTA, as may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Energy Conservation Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act. Access to Records and Reports The following access to records requirements apply to this Contract: Contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives access to any books, documents, papers and contractor records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PMO contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. Contractor shall maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the recipient, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR 18.39(i)(11). FTA does not require the inclusion of these requirements in subcontracts. Federal Changes Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, 19 including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract. Recycled Products The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. No Government Obligation to Third Parties (1) The recipient and contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or Liabilities to the recipient, the contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract (2) Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts (1) Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate. (2) If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on contractor, to the extent the US Government deems appropriate. (3) Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. Termination a. Termination for Convenience. The recipient may terminate this contract, in whole or in part, at any time by written notice to contractor when it is in the recipient's best interest. Contractor shall be paid its costs, including contract close -out costs, and profit on work performed up to the time of termination. Contractor shall promptly submit its termination claim to the recipient. If contractor is in possession of any of the recipient's property, contractor shall account for same, and dispose of it 20 26.13(b)). c. If a separate contract goal has been established, Bidders /offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. d. If no separate contract goal has been established, the successful bidder /offeror will be required to report its DBE participation obtained through race - neutral means throughout the period of performance. e. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the recipient In addition, the contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the recipient and contractor's receipt of the partial retainage payment related to the subcontractor's work f. The contractor must promptly notify the recipient whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipient. Access Requirements for Persons with Disabilities Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing those services and facilities to implement that policy. Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT- required contractual provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions. Environmental Protections Compliance is required with any applicable Federal laws imposing environmental and resource conservation requirements for the project. Some, but not all, of the major Federal laws that may affect the project include: the National Environmental Policy Act of 1969; the Clean Air Act; the Resource Conservation and Recovery Act; the comprehensive Environmental response, Compensation and Liability Act; as well as environmental provisions with Title 23 U.S.C., and 49 23 U.C. chapter 53. The U.S. EPA, FHWA and other federal agencies may issue other federal regulations and directives that may affect the project Compliance is required with any applicable Federal laws and regulations in effect now or that become effective in the future. Ineligible Contractors and Subcontractors Any name appearing upon the Comptroller General's list of ineligible contractors for federally - assisted contracts shall be ineligible to act as a subcontractor for contractor pursuant to this contract If contractor is on the Comptroller General's list of ineligible contractors for federally financed or assisted construction, the recipient shall cancel, terminate or suspend this contract Government Wide Debarment and Suspension This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractors, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the recipient. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the recipient, the Federal Government may pursue available remedies, including but not limited to suspension and /or debarment The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. PLEASE PROVIDE THE FOLLOWING INFORMATION AS ACCEPTANCE OF THESE TERMS. VENDOR BUSINESS: 5tPCO -- 30 la ELam/ -;C ThLd r C nrw NAME: S u-5G \. 'Rai* fv TITLE: C_ P. SIGNATURE: /3 t, ,v,„ ir`) R) 0py DATE: - ` 93I / 24 as the recipient directs. b. Termination for Default [Breach or Cause]. If contractor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, the recipient may terminate this contract for default. Termination shall be effected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the recipient that contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of contractor, the recipient, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure. The recipient in its sole discretion may, in the case of a termination for breach or default, allow contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions If contractor fails to remedy to the recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by contractor or written notice from the recipient setting forth the nature of said breach or default, the recipient shall have the right to terminate the Contract without any further obligation to contractor. Any such termination for default shall not in any way operate to preclude the recipient from also pursuing all available remedies against contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach. In the event that the recipient elects to waive its remedies for any breach by contractor of any covenant, term or condition of this Contract, such waiver by the recipient shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. Civil Rights Requirements (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC 2000d, Sec. 303 of the Age Discrimination Act (1975), as amended, 42 USC 6102, Sec. 202 of the 21 Americans with Disabilities Act (1990), 42 USC 12132, and 49 USC 5332, contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age or disability. Contractor shall also comply with applicable Federal implementing regulations and other requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 USC 2000e, and 49 USC 5332, contractor shall comply with all applicable equal employment opportunity requirements of USDOL, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, USDOL," 41 CFR 60 et seq., (implementing Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC 2000e), and any applicable Federal statutes, executive orders, regulations, and policies that may in the future affect construction activities undertaken in the course of the project Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, contractor shall comply with any implementing requirements FTA may issue. (b) Age - In accordance with Sec. 4 of the Age Discrimination in Employment Act (1967), as amended, 29 USC 623 and 49 USC 5332, contractor shall refrain from discrimination against present and prospective employees for reason of age. Contractor shall also comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with Sec. 102 of the Americans with Disabilities Act (ADA), as amended, 42 USC 12112, contractor shall comply with the requirements of US Equal Employment Opportunity Commission (EEOC), Regulations to Implement Equal Employment Provisions of the Americans with Disabilities Act, 29 CFR 1630, pertaining to employment of persons with disabilities. Contractor shall also comply with any implementing requirements FTA may issue. (3) Contractor shall include these requirements in each subcontract financed in whole or in part with FTA assistance, modified only if necessary to identify the affected parties. Disadvantaged Business Enterprise a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10 %. The recipient's overall goal for DBE participation is listed elsewhere. If a separate contract goal for DBE participation has been established for this procurement, it is listed elsewhere. b. The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the municipal corporation deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 22 GOVERNMENT -WIDE DEBARMENT AND SUSPENSION 49 CFR Part 29, Executive Orders 12549, 12689, and 31 U.S C.6101 (Contracts over $25,000) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103 -355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the recipient. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the recipient, the Federal 25 Government may pursue available remedies, including but not limited to suspension and /or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contractor C) - `3etoor Re *r L. 7c (i X -- n j Signature of Authorized Official 4 0- 02,M c3'j9'�� Date 7 /2,3/_1_ • Name and Title of Contractor's Authorized Official LSO-u'. t -10bth.s sz,v,C \LP 26 -,/ Quote # 14201 4, ,. ...... p „N. 'tit '* 1 , 7/20/12 o, V To: R tt� Eagle County Transportation Authority °`,� ° Kelly Collier, ECO Transit Project: Bus Stop Lighting Terms Earliest Ship Shipping Ship Via Project Manager Standard T & C 4 to 8 Weeks Quote Estimated, Prepay & Add Best Way Shawn Tefft Item No Qty Description Unit Price Tota 1 21 SEPCO- SEPA20- REPT3- DTD /CTT -P21 $936.00 $19,656.00 Solar Electric Power Assembly 20 Watt 21 Amp Hour Battery Assembly Bus Stop Fixture w/ 3 Watt LED, Powder Coated Black Dusk to Dawn Controller Click to Test Controller Aluminum Pole 12' Direct Burial, Round 2 7/8" OD, PC Black GSA - GS- 07F -0288M Sub Total $19,656.00 EIN - 65- 0472624 Shipping $1,680.00 Tax Rate - Exempt Total $21,336.00 Quote good for 30 days Authorized Signature 1 (- 7 or *s \ 7986 SW Jack James Drive, Stuart, FL 34997 1 ph: 772- 220 -6615 1 fax: 772 - 220 -8616 1 www.sepconet.com NNW Ishi # , TM } Bus Stop Lighting Project N o S. Gypsum, Colorado •.o'� Part Number - SEPCO-SEPA20-REPT3-DTD-CTT-PZ The Bus Stop Lighting Fixture was designed to meet the requirements set forth in the specifications of the project. The Bus Stop fixture features a high performance RE -PT 3 Watt LED recessed lamp with a PV rated plastic refractor and lens covering the LEDs. The LEDs operate with the requested 60,000 hours and 5000 K white light color. A light meter was used to measure the light from the fixture at 10' mounting height which measured 21 lux or slightly over 2 ft. candle to meet the required 2 foot candle at ground level for the bus stop area. The fixture will come on at full i intensity and has a pre -set controller from the factory for dusk to dawn operation. The LED Tamp will be recessed in the bottom face of the Wedge battery box. The Bus Stop Fixture will be powder coated black and will mount to the top side of the aluminum pole using vandal resistant stainless steel hardware included with the fixture. The solar array is a CE rated 20 Watt multi crystal solar module integrated onto an aluminum frame designed to meet high wind loads. The solar module is mounted to a powder coated aluminum bracket at a 45 degree angle and secured at the top of the pole with included pole clamps. The solar array is versatile in that it can be mounted on the pole facing south to the sun and the fixture mounted and aimed in any desired location on the pole. The array comes prewired. The wire from the array can be run on the inside of the pole to the fixture. The battery in the fixture is made up of 3 Deka 7 amp hour, gel, air shippable batteries which have a prewired wiring harness with in -line fuse and a plug for the solar array and the included SEPCO LCU2 dusk to dawn preset controller. The 21 amp hour battery supply will allow for 3.1 nights of autonomy lighting in zero sun. A couple of days of operation in the beginning are necessary for the controller to learn fluctuating dusk and dawn occurrences. Included in the part number is a CCT or Click to Test. This device allows you to test the light via remote control during the day to make sure the lights are operable. The system will come with a key fob for easy testing of the lights. The pole specified in the quote is a 2 7/8" X 12' round aluminum black powder coated direct burial pole with the correct EPA to handle the projected 100 mph wind load of the Bus Stop fixture. If you have any questions or need any additional specifications sheets that are not included in this submittal package please feel free to contact project manager Shawn Tefft at 772 - 220 -6615. �Gy _w Solar Electric Power Company s H i` i kUiy .•• a - 1 -.. - 1 -:. . •$ •1• •u eCOAm■mmi PURCHASE ORDER eagle county regional transportation authority Eagle County Regional Transportation Authority P.O. # 5309 -SGR2 DATE: SEPTEMBER 20, 2012 3289 Cooley Mesa Rd, PO Box 1070 Gypsum, CO 81637 Phone: 970 - 328 -3533 Fax: 970 - 328 -3539 Email: Kelley.collier@eaglecounty.us VENDOR Susan K. Robbins SHIP James Epperson SEPCO TO ECO Transit 7986 SW Jack James Drive 3289 Cooley Mesa Rd. Stuart, FL 34997 Gypsum, CO 81637 772 - 220 -6615 970 - 328 -3526 QTY ITEM # DESCRIPTION JOB UNIT PRICE LINE TOTAL 21 Bus Stop Solar Lighting Systems 5309 SGR 936.00 j 19,656.00 Per attached Bid Doc. Freight Charge 5309 SGR 1680.00 1,680.00 SUBTOTAL 21,336.00 SALES TAX EXEMPT TOTAL 21,336.00 Send all correspondence to: Kelley Collier PO Box 1070 Gypsum, CO 81637 970- 328 -3533 4 Fax: 970 - 328 -3539 Email: Kelley.collier @eaglecounty.us Authorized by Date EXHIBIT B Ac o CERTIFICATE OF LIABILITY INSURANCE L....--- DATE(MM /DD/YYYY) 9/12/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED NY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BIETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSUITal, OW policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certein policies may require on endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTAC Tammy Waddington NAME: y g S. T. Good Insurance, Inc. PHONE - FAx IA /C. No. E (772) 267 -3625 (A/C, Nol: 1772) 267 = § }§ Stuart Jet Center E -MAIL t: addin ton@ the ooda enc com ADDRESS: 9 g g Y 2501 S. E. Aviation Way INSURER(S) AFFORDING COVERAGE NAIC # Stuart FL 34996 INSuRER A:Hartford Casualty Ins. Co. 29424 INSURED INSURER B : SOLAR ELECTRIC POWER COMPANY INSURER C : 798 JACK JAMES DR INSURERD: INSURER E : STUART FL 34897 INSURER F : COVERAGES CERTIFICATE NUMBER:CL11101213747 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OE INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOR @ED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PALI6IEB. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR — ADDL SUBR — POLICY EFF POLICY EXP - - LTR TYP €OF INSURANCE INSR WVD POLICY NUMBER (SAM /DD/YYYY) (MM /DD /YYYY)_ LIMITS 0 €NPRAL umil -ITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL O €N €PAL LIABILITY ` P R EMI E S ( aEc urr 300,000 � _PREMISES (Ea occurrence) $ A CLAIMS -MADE rill I OCCUR 21SBAEH8001 9/26/2011 9/26/2012 MED EXP (Any one person) $ 10,000 PERSONAL ADV INJURY $ 2,000,000 GENERAL ARCR €GATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 4,000,000 POLICY PRO LOC $ .IFS:T AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ;WED ED SCHEDULED BODILY INJURY (Per accident) $ NON -OWNED PROPERTY DAMAGE $ — -- HIRED AUTOS (Per accident) $ X UMBRELLA LIAB OCCUR €AOkI OCCURRENCE $ 3,000,000 A EXCESS LIAB CLAIMS -MADE ANNEGATE $ 3,000,000 DED X RETENTION$ 10,000 21SBAEH8001 9/26/2011 9/26/2012 $ WORKERS COMPENSATION TTU OTH- AND EMPLOYERS' LIABILITY Y N '714V1 I IITS ER ANY PROPRIETORJPARTNERJEXECUTIVE E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? N/A -- (Mandatory in NH) E . DISEASE - EA EMPLOYEE $ If rs, describe under PA6DRIPTIAN OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / (_()0ATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space 14 required) Certificate Holder ie an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. Coverage ie pyimary fi )<1on oont €ibutgry per the Business Liability Coverage $'o SS0008,attached to t ie policy. Coverage in provided for all operatsione of the named i>:}e}$red per the Business Liability COVe €ope Form SS0008 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle Cote, CO ACCORDANCE WITH THE POLICY PROVISIONS. 3298 Cooley Mesa Road -- - - -- PO Box 1070 AUTHORIZED REPRESENTATIVE Gypsum, CO 81637 Samuel food, TIT /TM, - - ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. INS025oninn'oni Thn A(`ARI1 nmma and Innn am rnnic#crnfl mnrlec .,f AC(1Rrl AC® CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY _ 9i12i_2o12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME Tammy WW�nqton S. T. Good Insurance of Florida Zhe, Mgt. Extl: (772)287 -3625 FAX (A/C, (772) 2 87 - 1$1$ 2501 SE Aviation Way E - MAIL twaddin ton@ the ooda enc _. piDDRESS: g g g Y com Stuart Jet Center Suite H INSURER(S) AFFORDING COVERAGE _ NAIC # S tuart FL 34996 _ Cagua1ty Ins. Co. 89424 INSURED - — — INSURER B SOLAR ELECTRIC POWER COMPANY INSURER C : 7986 JACK JAME S DR INSURER D: INSURER E : STUART FL 3 4997 INSURER F : COVERAGES CERTIFICATE NUMBER:CL129 REVISION NUMBER; _ THIS IS TO - P, ERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO _ THE INSURED NAMED ABOVE FOR THE _ POLICY PERIOD INDICATED. NOTWITHSTANDINR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR " —" ADDL SUBR' -" POLICY POLICY EXP -- LTR TYPE OF INeYNANC€ INSR WVD POLICY NUMBER (MM/DD fY Y) (MM /DD /YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED X COMMERCIAL ( NERAL LIABILITY 300,000 PREMISES (Ea occurrence) . A 1 CLAIMS -MADE ® OCCUR 213BAEH8001 0 /36/8Q12 9/202013 MED EXP (Any one person) $ 10,000 —_ — PERSONAL & APVINJURY $ 2,000,00Q GENERAL AGGREGATE $ 4,000,000 GE - 'L AGGREGATE LIMIT APPLIES KR. PRODUCTS - COMP /OP AGG $ 4 , 000 , OOQ X POLICY PRO - 1 - JECT . _l $ AUTOMOBILE LIABILIjY COMBINED SINGLE LIMIT -- (Ea accident) $ _ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED — SCHEDULED BODILY INJURY (Per $ _ AUTOS AUTOS ( ) — NON -OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ $ X UMRR €I.14 l-1Af OCCUR EACH OCCURRENCE $ 3,000,00Q — EXCESS LIAR CLAIMS -MADE AGGREGATE $ 3 , 0 00,000 DED X RETENTION$ 10,000 21313AEH8001 9/26/2012 9/26/2013 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N TORY I MIT FR ANY PROPRIETOR/PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A _ —_ —.- (Mandatory in NH) _ - E.L. DISEANE - EA EMPLOYEE $ If yes, describe under - -- - DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ — DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. Coverage is primary & non - contributory per the Business Liability Coverage Form SS0008,attached to this policy. Coverage is provided for all operations of the named insured per the Business Liability Covetege Form SS0008 CERTIFICATE HOLDER CANCELLATION $HQULD ANY CF THE ABOVE DESCRIBED POLICIES BE CANCELLED §E ORE THE EXPIRATION DATE THEREOF, NOTICE WILT, €€ DELIVERED IN Eagle County r CO ACCORDANCE WITH THE POLICY PROVISIONS. 32 98 Cooley Mesa Road PD Box Q°�Q AUTHORIZED REPRESENTATIVE Gypsum, CO 81637 Samuel Good, III /TJW -- ACORD 25 (2010/05) ©1988.2010 ACORD CORPORATION. All rights reserved. INSA2$i (70100 n1 Th. AC ARrl nmn 2nel Innn ern rnnicfnrnrl mnrke nF Anr1Rr1