No preview available
HomeMy WebLinkAboutC21-365 Sunsense + 210DocuSign Envelope ID: F4E1D7E9-1325-4E05-84E5-COADDAFA4818 AGREEMENT FOR PROCUREMENT AND INSTALLATION SERVICES BETWEEN EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY AND SUNSENSE INC. THIS AGREEMENT ("Agreement") is effective as of 10/29/2021 by and between Sunsense, a Colorado Corporation (hereinafter "Contractor") Eagle County Housing and Development Authority, a body corporate and politic (hereinafter "ECHDA"). RECITALS WHEREAS, ECHDA desires Contractor to install 440 linear feet of 4" SnapNRack bird screening around all flush room mount arrays and move panels per Exhibit A (the "Project") at the Two10 Apartments at Castle Peak located at 210 Freestone Road, Eagle, CO 81631 (the "Property"); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and installation services as set forth below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and ECHDA in connection with the procurement of equipment, materials and services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and ECHDA agree as follows: 1. Services or Work. Contractor agrees to procure the materials, equipment and/or products ("Equipment") necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the procurement and installation services described in Exhibit A ("Services" or "Work") which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than October 31, 2021 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. C. ECHDA shall have the right to inspect all Equipment. Inspection and acceptance shall not be unreasonably delayed or refused. In the event ECHDA does not accept the Equipment for any reason in its sole discretion, then Contractor shall upon ECHDA's request and at no charge to ECHDA: DocuSign Envelope ID: F4E1D7E9-1325-4E05-84E5-COADDAFA4818 i. take the Equipment back; ii. exchange the Equipment; or iii. repair the Equipment. 2. ECHDA's Representative. The Maintenance Supervisor, William Wright, the Housing Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through the 31st day of October, 2021. 4. Extension or Modification. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by ECHDA for such additional services in accordance with ECHDA's internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that ECHDA has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by ECHDA for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. ECHDA shall compensate Contractor for the Equipment and performance of the Services in a sum computed and payable as set forth in Exhibit A. The Equipment and performance of the Services under this Agreement shall not exceed $9,431.20. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by ECHDA. a. Payment will be made for Equipment and Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as ECHDA may request. b. If, at any time during the term or after termination or expiration of this Agreement, ECHDA reasonably determines that any payment made by ECHDA to Contractor was improper because the Equipment or Services for which payment was made were not provided or performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from ECHDA, Contractor shall forthwith return such payment(s) to ECHDA. Upon termination or expiration of this Agreement, unexpended funds advanced by ECHDA, if any, shall forthwith be returned to ECHDA. ECHDA will not withhold any taxes from monies paid to the Contractor hereunder and Contractor 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. d. Notwithstanding anything to the contrary contained in this Agreement, ECHDA shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by ECHDA in accordance with a budget adopted by the Board of ECHDA in compliance with the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 2 ECHDA Procurement and Installation Final 5/14 DocuSign Envelope ID: F4E1D7E9-1325-4E05-84E5-COADDAFA4818 6. Subcontractors. Contractor acknowledges that ECHDA has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without ECHDA's prior written consent, which may be withheld in ECHDA's sole discretion. ECHDA shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom ECHDA has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by ECHDA and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward ECHDA. ECHDA shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non -owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. The automobile and commercial general liability coverage shall be endorsed to include ECHDA, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor's certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to ECHDA separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the ECHDA is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to ECHDA, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. 3 ECHDA Procurement and Installation Final 5/14 DocuSign Envelope ID: F4E1D7E9-1325-4E05-84E5-COADDAFA4818 V. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless ECHDA, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which ECHDA 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 Contractor or any of its subcontractors hereunder; and Contractor shall reimburse ECHDA for reasonable attorney fees and costs, legal and other expenses incurred by ECHDA 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 ECHDA to the extent that ECHDA is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the ECHDA and are to be delivered to ECHDA before final payment is made to Contractor or upon earlier termination of this Agreement. Further, Contractor shall execute any bill of sale or other documents required by ECHDA to transfer title of the Equipment to ECHDA. Contractor shall provide copies of any instruction or operations or care manuals and shall further provide copies of any manufacturers warranties associated with the Equipment. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. ECHDA: Attention: Kim Williams 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8773 Facsimile: 970-328-8787 E-mail: kim.williams@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 E-mail: atty@eaglecounty.us 4 ECHDA Procurement and Installation Final 5/14 DocuSign Envelope ID: F4E1D7E9-1325-4E05-84E5-COADDAFA4818 CONTRACTOR: Sunsense, Inc. Attn: Cristian Basso 1629 Dolores Way, Suite E Carbondale, CO 81623 Telephone: 970-963-1420 Cellular: 970-3 76-2977 E-Mail: cristian@sunsensesolar.com 11. Termination. ECHDA may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide ECHDA with all documents as defined in paragraph 9 hereof, in such format as ECHDA shall direct and shall return all ECHDA owned materials and documents. ECHDA shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue. Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts: Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the intended purpose and use of the Equipment, nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. C. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given ECHDA written notice of all conflicts, errors, or discrepancies. ECHDA acknowledges Contractor services are limited to the scope of service provided in Exhibit A and Contractor does not guarantee successful snow danger mitigation solely through its services. ECHDA also acknowledges Contractor's reliance on the approval by Randy Cohen- Fire Marshall for Great Eagle Fire Protection District as provided in Exhibit C. 5 ECHDA Procurement and Installation Final 5/14 DocuSign Envelope ID: F4E1D7E9-1325-4EO5-84E5-COADDAFA4818 e. Contractor shall be responsible for completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the ECHDA has accepted or approved the Equipment and/or Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor hereby represents and warrants that the Equipment will be new and will perform the Services in a good and workmanlike manner and guarantees all Work against defects in materials or workmanship for a period of one (1) year from the date the Work is accepted by ECHDA, or such longer period as may be provided by the law or as otherwise agreed to by the parties. g. All guarantees and warranties of Equipment furnished to Contractor or any subcontractor by any manufacturer or supplier are for the benefit of ECHDA. If any manufacturer or supplier of any Equipment furnishes a guarantee or warrantee for a period longer than one (1) year, then Contractor's guarantee or warrantee shall extend for a like period as to such Equipment. h. Contractor warrants that title to all Work and Equipment shall pass to ECHDA either by incorporation into the Property or upon receipt by Contractor of payment from ECHDA (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Contractor further warrants that Contractor (or any other person performing Work) purchased all Equipment free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the foregoing, Contractor assumes all risk of loss with respect to the Equipment until the Equipment is installed and ECHDA has inspected and approved the same. i. Within a reasonable time after receipt of written notice, Contractor shall correct at its own expense, without cost to ECHDA, and without interruption to ECHDA: Any defects in materials or workmanship which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and such defects. ii. Any damage to any other Work or property caused by such defects or the repairing of Guarantees and warranties shall not be construed to modify or limit any rights or actions ECHDA may otherwise have against Contractor in law or in equity. k. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. 1. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of ECHDA. Nothing contained in this Agreement shall be deemed to create a relationship of employer -employee, master -servant, partnership, joint venture or any other relationship between ECHDA and Contractor except that of independent contractor. Contractor shall have no authority to bind ECHDA. 6 ECHDA Procurement and Installation Final 5/14 DocuSign Envelope ID: F4E1D7E9-1325-4EO5-84E5-COADDAFA4818 in. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. n. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. o. Contractor shall not assign any portion of this Agreement without the prior written consent of the ECHDA. Any attempt to assign this Agreement without such consent shall be void. P. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. q. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. r. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. S. The signatories to this Agreement aver to their knowledge no employee of the ECHDA has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. t. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 15. Prohibitions on Government Contracts. As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual 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. a. Contractor shall not: Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. 7 ECHDA Procurement and Installation Final 5/14 DocuSign Envelope ID: F4E1D7E9-1325-4EO5-84E5-COADDAFA4818 b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services 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: https://www.uscis.gov/e-veri C. 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. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: Notify the subcontractor and ECHDA within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; 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 undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. 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). f. If Contractor violates these prohibitions, ECHDA may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to ECHDA as required by law. g. ECHDA will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and ECHDA terminates the Agreement for such breach. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY DocuSigned by: By: Kimberly Wft; 6Executive Director CONTRACTOR: By:[-DocuSigned by: (Asfia, aSSb 6MBE393028E4C8... Print Name: Cri sti an Basso Title: SOLAR CONSULTANT 8 ECHDA Procurement and Installation Final 5/14 DocuSign Envelope ID: F4E1D7E9-1325-4E05-84E5-COADDAFA4818 EXHIBIT A SCOPE OF SERVICES, EQUIPMENT, SCHEDULE, FEES 9 ECHDA Procurement and Installation Final 5/14 DocuSign Envelope ID: F4E1D7E9-1325-4EO5-84E5-COADDAFA4818 SOLAR I DESIGN I BUILD Contract Agreement, Terms and Conditions Project Name: Eagle County- Two 10 Eagle Ranch Apts. Bird Screen Solar Consultant: Cristian Basso Client Name: William Wright Project Contact: Tori Franks Primary Phone: 970.328.3457 Site Address: 210 Slyvan Lake Road Alternate Phone: Eagle, CO 81631 Fax: Billing Address: Primary eMail: Tori.franks@eaglecounty.us Proposal Date: August 10, 2021 Secondary eMail: Tori.franks@eaglecounty.us This Contract Agreement ("Agreement") is made and entered into Tuesday, August 10, 2021 this by and between Sunsense Inc. ("Sunsense"), a Colorado William Wright ("Client"). corporation, and Any alterations of this Contract without express consent from Sunsense Inc, will render this Agreement null & void. Solar Electric System Specifications Referencing the "Performance and Financial Analysis Report" dated August 10, 2021 Scope of Work: Installation of 440 LF of 4" SnapNRack bird screening around all flush room mount arrays. Pricing does not include labor costs to remove snow from roof surfaces. Pricing assumes bird screening will be installed in an efficient and practical manner that maintains saftey and code compliance as determined by the lead installer. Aerial lift needed for installation for 12:12 roof pitches is included in this bid. Move modules on west roof up 3" to gain more snow slide space as requested by Eagle County. Snow guards by Others. Array #3 on the layout plan is where the work is occurring. It is Sunsense's opinion that the combination of the snow guards and moving array #3 up the roof 3" likely will not fix the issue. It is our opinion that if Eagle County would like to fix the issue and absolve themselves of liability for shedding snow, that the entire sub -array should be removed. Sunsense is release of liablity for any damage to the modules and or racking/fastending system caused by ice claming and is not responsible for any harm incurred by snow or ice shedding from the roof on The client shall approve any alteration or deviation from above specifications involving added expense. Additional material and/or labor costs will be reflected in balance due amount. In order to secure contracted pricing, equipment deposits must be paid per the Sunsense payment schedule. Equipment pricing and availability can fluctuate due to demand, tariffs and manufacturer production changes. If payments are delayed, the fixed contract amount can be subject to a change order based on the current market equipment costs. Payment Schedule Total Investment: $7,320 Client hereby agrees to submit payment to Sunsense as follows: Initial Investment due upon contract acceptance: $3,660.00 Payment #2 due upon completion of bird screen $3,660.00 Final Payment installation: Client Initials: Sunsense Solar 970.963.1420 1629 Delores Way, Suite E., Carbondale, CO 81623 www.SunsenseSolar.com 1 of 5 DocuSign Envelope ID: F4E1D7E9-1325-4EO5-84E5-COADDAFA4818 SOLAR I DESIGN I BUILD Example of Estimated Residential Project Timeline Month 1 Mo th 2 Mo th 3 Morith 4 Morith 5 Morith 6 Signed Contract Binder W Ikthroug Initial Deposit O First Equipment O Secon Equipment Final Payment OR Rebate Assigned • Deposit Depo t to Sunsense Solar Design Permitting s Built Des � —� - Pre -Installation Final Rebate and Documents and complete Interconnection New Client CORE Utili CORE Energy Paperwork and Rebate Checks Packet Application Application Assessment Utility Inspection Mailed • • Purchasing AC and DC • Electrical Installation Inspection • Commissioning Client Initials: Sunsense Solar 970.963.1420 1629 Delores Way, Suite E., Carbondale, CO 81623 www.SunsenseSolar.com 5 of 5 DocuSign Envelope ID: F4E1D7E9-1325-4EO5-84E5-COADDAFA4818 � rya�AOL-1 SOLAR I DESIGN I BUILD CHANGE ORDER FORM DATE: 10/19/2021 PROJECTEagle County Apartments - Two 10 NAME: PROJECT Cristian Basso MANAGER: REASON FOR Increased labor costs since initial issue of proposal on 8-10-21 CHANGE: CHANGE ORDER #: 1 CONTRACT DATE: 8/10/2021 Materials: Quantity UOM Description Unit Rate Extended Cost Total Material Cost: $ - Labor: Qty UOM Description Unit Rate Extended Cost 14 2 Additional Labor to move array 3" towards ridge and install bird screen on 440LF 150.8 $ 2,111.20 Total Labor Cost:1 $ 2,111.20 TOTAL COST OF CHANGES $ 2,111.20 CHANGE ORDER EFFECT ON COMPLETION DATES (Please check appropriate box) o This Change Order shall NOT affect the dates of Substantial or Final Completion. ❑ This Change Order WILL affect the Completion dates. The revised dates are below: Substantial Completion: Final Completion: REVISED CONTRACT AMOUNT ORIGINAL CONTRACT SUM $ 7,320.00 COST OF PREVIOUS CHANGE ORDERS (IF ANY) PREVIOUSLY REVISED TOTAL COST OF CURRENT CHANGE ORDER $ 2,111.20 REVISED CONTRACT SUM:1 $ 9,431.20 SUNSENSE APPROVALS PROJECT MANAGER Cristian Basso CLIENT APPROVAL SIGNATURE PRINTED NAME TITLE DATE DocuSign Envelope ID: F4E1D7E9-1325-4EO5-84E5-COADDAFA4818 EXHIBIT B INSURANCE CERTIFICATES 10 ECHDA Procurement and Installation Final 5114 DocuSign Envelope ID: F4E1D7E9-1325-4EO5-84E5-COADDAFA4818 A� " CERTIFICATE OF LIABILITY INSURANCE E(MM/DDIYYYY) 79/2/2021 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: Certificate Department Asset One Insurance PHONE, Ext : 714-625-8204 (A/C, No): 714-625-8290 ADDRESS: ara(a@5olarinsure.com 555Anton Blvd INSURER(S) AFFORDING COVERAGE NAIC # Suite 150 &200 INSURER A: Colony Insurance Company 39993 A - Costa Mesa CA 92626 INSURED INSURER B INSURER C : Sunsense Inc. INSURER D : 1629 Dolores Way, Suite E INSURER E : PO Box 301 INSURER F : Carbondale CO 81623 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF 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 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. ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY Y EFF (MM POLICY (MM / EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR PREMISES (Ea occurrence) $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 A Y PACES4245104-1 3/1/2021 3/1/2022 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑PRO JECT ❑ LOC ii PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY (Ea accident) $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMA E (Per accident) $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LAB CLAIMS -MADE PACES4245104-1 3/1/2021 3/1/2022 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N FIE U H- STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability PACB54245104-1 3/1/2021 3/1/2022 Limit:$2,000,000 A Contractor's Pollution Liability PACES4245104-1 3/1/2021 3/1/2022 Limit:$2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is named Additional Insured. Eagle County Housing and Development Authority its associated or affiliated entities, its sucoessorsand assigns, elected officials, employees, agents and volunteers are Additional Insureds under the commercial general liability insurance. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Eagle County Housing and Development Authority PO Box 850 AUTHORIZED REPRESENTATIVE Eagle CO 81631 I w W"_07 "WA? ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: F4E1D7E9-1325-4EO5-84E5-COADDAFA4818 SUNSINC-01 MEGANRO ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/2/2021 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 have ADDITIONAL INSURED provisions or 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 CONTACT Megan Ross NAME: PHONE FAX (A/C, No, EXt): (970) 826-3465 (A/C, No): Mountain West Insurance - Glenwood 201 Centennial St 4th Floor Glenwood Springs, CO 81601 ADDRESS: meganr@mtnwst.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Acuity Insurance Co. 14184 INSURED INSURER B : Plnnacol Assurance 41190 INSURER C : Sunsense Inc INSURER D : PO Box 301 Carbondale, CO 81623 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF 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 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM DD W POLICY EXP MM DD YYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY 7 JERCOT- LOC PRODUCTS - COMP/OP AGG $ $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Perperson) $ ANY AUTO X Z77599 4/1/2021 4/1/2022 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANFICER/ME MBOER EXCLUDEDER/E? ECUTIVE A (Mandatory in NH) NIA 4103541 4/1/2021 4/1/2022 X STATUTE X OTRH- E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ A Equipment Floater Z77599 4/1/2021 4/1/2022 Leased/Rented Equip 100,000 A Installation / Build Z77599 4/1/2021 4/1/2022 Installation Floater 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Eagle County Housing and Development Authority its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are Additional Insureds under the automobile liability policies of insurance, where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle Count Housing and Development Authority g Y 9 p y ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 850 Eagle, CO 81631 AUTHORIIZEEDf REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: F4E1D7E9-1325-4EO5-84E5-COADDAFA4818 AGENCY CUSTOMER ID: SUNSINC-01 MEGANRO i� AFRO LOC #: 1 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Mountain West Insurance - Glenwood PO Box 3 Inc PO Box 301 Carbondale, CO 81623 POLICY NUMBER EE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Leased & Rented Equipment Per Item Maximum: $100,000 Coverage Limit: $100,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: F4E1D7E9-1325-4EO5-84E5-COADDAFA4818 ADDITIONAL INSURED - AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN AGREEMENT WITH YOU - PRIMARY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM 1. Who Is an Insured under Section II - Liability Coverage is amended to include any person or organization with whom you have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such persons or organizations are addi- tional insureds only with respect to liability arising CA-7214(10-98) out of operations performed for the additional insured by you. 2. The coverage provided by this endorsement will be primary and noncontributory with respect to any other coverage available to the additional insured. 3. The Limits of Insurance applicable to the additional insured are those specified in the written con- tract or agreement or in the Declarations for this Coverage Form, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. CA-7214(10-98) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Pagel of 1 DocuSign Envelope ID: F4E1D7E9-1325-4EO5-84E5-COADDAFA4818 EXHIBIT C APPROVAL by Randel Cohen DocuSign Envelope ID: F4E1D7E9-1325-4EO5-84E5-COADDAFA4818 01 Randei Q. Cohen <rcohen@gefpd.org> Mon 10/11, 9:09 AM Cristian Basso 1 You forwarded this message on 10/11/2021 9:13 AM Cristian, P Reply all i v Thank you forth e email and the request. I have reviewed the plan set with the modifications requested. I feel that moving the array four inches (4") up will not encroach on the ridge setback in away that would negatively affect operations on the structure. The structure is fully equipped with a fire suppression system so the probability of conducting roof operations is small, The Fire District is comfortable with the moving of the solar array four inches (4") toward the roof ridge. If there are any questions or concerns please contact me. Thank You, Randy Cristian Basso @l41 v Mon 10/11, 7:19 AM I�fl Eagle Ranch Lot 3 Apart.., V !O! 12 M B