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HomeMy WebLinkAboutresolution.council.079-10 RESOLUTION # 'q (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND SOL ENERGY LLC SETTING FORTH THE TERMS AND CONDITIONS REGARDING EQUIPMENT AND INSTALLATION OF SOLAR PHOTOVOLTAIC SYSTEM AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and Sol Energy LLC, a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, Colorado, and Sol Energy LLC regarding Equipment and Installation Of Solar Photovoltaic System for the city of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: /t / L/// ( ) j Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, October 12, 2010 "714 Kathryn S. Koch, City Clerk The far weu CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2010 Cie gameyhfee PROCUREMENT SUPPLY AND PROFESSIONAL SERVICES City of Aspen Project No.: 2010 - 060. AGREEMENT made as of 12th day of October, in the year 2010. BETWEEN the City: Contract Amount: The City of Aspen Procurement: $235,536.00 c/o Water Department 130 South Galena Street Professional Services: $ 69,259.00 Aspen, Colorado 81611 Phone: (970) 920 -5055 Total: $304,795.00 If this Agreement requires the City to pay And the Professional: an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Sol Energy LLC Council of the City of Aspen. c/o Ken Olson PO Box 217 City Council Approval: Carbondale, CO 81623 Date: October 12, 2010 Phone: 970 - 309 -3087 Resolution No.: For the Following Project: City of Aspen Water Treatment Facilities Solar Photovoltaic Energy System Phase II & III Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased. Exhibit B: Scope of Work. Exhibit C: Fee Schedule. The City and Professional agree as set forth below. Agreement for Procurement and Professional Services Page 0 SUPPLY PROCUREMENT 1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or materials as described in Exhibit A, appended hereto and by this reference incorporated herein, for the sum of set forth above. 2. Delivery. (FOB 500 Doolittle Drive, Aspen, Colorado 81611). 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid or Request for Proposals and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. Detailed Warranty information is listed in Exhibit A. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. PROFESSIONAL SERVICES 6. Scone of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit B attached hereto and by this reference incorporated herein. 7. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than December 31, 2010, with the installation and operation of all the equipment no later than December 31, 2010. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 8. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those rates set forth at Exhibit C appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 9. Non - Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the Agreement for Procurement and Professional Services Page 1 other. Sub - Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub - contractor. 10. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 11. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set -off until such time as the exact amount of damages due the City from the Professional may be determined. 12. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self - insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Agreement for Procurement and Professional Services Page 2 Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 14. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages chall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' . Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self - insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. Agreement for Procurement and Professional Services Page 3 (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non - owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24 -10 -101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. Agreement for Procurement and Professional Services Page 4 15. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty /Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 17. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 18. Non - Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13 -98, pertaining to non - discrimination in employment. 19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said tam, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Illegal Aliens — CRS 8- 17.5 -101 & 24- 76.5 -101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06 -1343 (subsequently amended by HB 07 -1073) and 06 -1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include Agreement for Procurement and Professional Services Page 5 certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. • (b) Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. (c) By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, Agreement for Procurement and Professional Services Page 6 whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre - employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services 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. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8- 17.5 -102 (5), C.R.S. (vii) 1f Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8- 17.5 -102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional's violation of Subsection 8- 17.5 -102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply with the provisions of CRS 24- 76.5 -101 et seq., and (3) shall produce one of the forms of identification required by CRS 24- 76.5 -103 prior to the effective date of this Agreement. 21. Warranties Against Contingent Fees. Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or Agreement for Procurement and Professional Services Page 7 bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 22. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 23. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof Agreement for Procurement and Professional Services Page 8 and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first written above. CITY OF ASPEN, CO R//A/DD90: PR•FySSIONAL: E 24 di 4 .— e] [Signadue] By: M ] CI( I, 2E✓,4r/0 By: OH - E7i - f J2 . OI [Name] [Name] Title: ✓ 2 r) J Title: f l D j-- Date: / 0 - / 1 7 / 0 Date: 30 ZDIO Approved as to form: i City_Atterrt s O ce . • JPW- 9129/2010- 6568448 -M:\ city\purchasing \Templates\ Procurement & Prof Serv\Procurement & Prof Serv.doc Agreement for Procurement and Professional Services Page 9 Exhibit A List of Equipment to be Purchased Conergy P 230 PA aluminum frame photovoltaic modules Sunny Boy 5000 /6000 /7000 inverters Arxd e Mounting hardware Schletter PV Max 3 racking system See the attached Specification sheets and Warranty details. SO Lenergy Your Power. Your Choice. Section 3 Specifications Equipment Specifications and warranties cl 1 1 Pi Alai nl -itd `• 0 Conergy P 230PA coneRG The Conergy P 230PA offers high output levels at an attractive price /performance ratio. Equipped with 60 efficient. polycrystalline cells, they have proven their value In practical applications and years of operation. They are characterized by high yields and a long servica life. Conergy P production Is certified to ISO 9001 International quality standards and Conergy conunuafy monitors the production process to Insure product quality. These high- efficiency modules are powerful and versatile enough for any application from residential through utility scale. Solar modules In the Conergy P- series are also available with monocrystalline and polycrystalline cells In other power classes and different module dimensions. Features: 1 Attractive pdce/pertonnance ratty 1 High - efficiency 3- bustar cells 1 Certified to UL1703. IEC/EN61215. 61730 1 High-performance. ±3% power tolerance 1 5-year product warranty Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 128 S O Lenergy Your Power. Your Choice. 'Mini i f,dl I I 1 _- -d1Ai 19 -S Conergy P 230PA 111/0 COftERG 1 938 8l I Si I Module dimensions (LxWxH) 1652x 1000x 50 mm/65.0x 39.4x 2.0In c . Cell dimensions 156 x 156mi/6.14 x 6.141n 90Ornm Huber of cells 60 MortiBe weight 22k9/48.S• Static wmd/ now load 5400PWi13psf Mounting 61ass Tempered, Afll coakg holes _ Wounding hole Junction box IP65 Clms e 93 x 113^9^ 04.5111M Cable 900 mm 135.4 M PVI Wire, 4 mm . Cmuwctm Certifications A d d l e d ) , H4 (MC4 compatible) Operating certifications cULus, EC 61215 Ed.2 Fire safely classification Class C l I Warranty Material and 5 years wmxmaredup warranty ■ w Power warranty 1 90%712 years Ax 6menlans tin 999 Power warranty 2 80%25 years • Conergy P - 23OPA Y:< .. ;q 85 = ..a�:'';e s� c . _,0 240 _ 6a Hated power (P� - 230W 7S rn C , f ar cr, _ 220 .. 7A c;. 5: as Power tolerance s3% 206 6S w air09 6A is: a,a 1110 e stridency 13.90% i o at a, 6.0 er.� ; u„ 160 Maximum power voltage (V,,,) 30.00V E 5.0 P 5. "' � 140 IS t Maximum power raiment O 767A 8 4.0 `n _. Lin 120 0. -oc 3S s n . 1 4n, 180 Open circuit voltage (V 36.8V 30 a. : r e6 Mort twain current (I.) 8.34A py ! fi0 1S a Monied 45.3%/113.5°F 11 S Temperaturecoefficient (P ) - 0.45%/ °C O 2 4 6 : 10 12 14 16 18 2O 22 24 26 28 30 32 34 3s 0 Temperature coefficient (V,) -032%PC Voltage Temperature confident (1.) +0.0414PC — Current vs. Voltage Operat6rg temperatura age -CC -+85°C / mi. Power vs. Voltage 40°F- +136°F Maximmn system voltage 600vfljn000v(EC) Maximal Series Fuse Bating 15A r - i 'MS191MTw Cra 1s1C1: 1000ww'. 25°C, MI 18 9p.cIS 40801 ,,., ,. _ 'M99368 Y9IdMxehat www.conergy.com Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 129 So Lenergy %/A Your Power. Your Choice. Limited Warranty a Conergy P Series Photovoltaic Modules CO IERGJ in thin the Installation Manual or. it not Note: These warranty terms apply Independently of specified (herein. with Industry best and as a supplement to the statutory and contractual methods and practices. guarantee rights which the buyer may enforce against 3. the Solar nodules were not used in its respective direct seller, accordance with the published technical speclfcations. § 1 Limited Warranty 4. the Solar Modules were not used in accordance with the published A. Conergy, Inc, 2480 West 2S Avenue. Purpose of use, Denver, Colorado 80211 (hereinafter referred 5. the Solar Modules were not properly to as "Conergy'). places the highest demands stored before and during Installation, on the quality of Its products. Therefore, 6. interferences with. modifications or I Conergy warrants only to the original retail changes to the Solar Modules or their purchaser ("Customer") that the Conergy P accessories were made without the Series Photovoltaic nodules ( "Solar Modules" express written consent ofConergy, or `Modules or 'Products") of type: 7. the Solar nodules were exposed to a. Conergy P160 -S180M extraordinary environmental or other b. Conergy P 220 -K225P conditions (such as acid rave, san c. Conergy P220 -S230P spray or heightened salt content In Inc d. Conergy P220-K230P ambient air or other pollution. excess e. Conergy P220 -S235P voltage. magnetic fleMS or similar will be free from defects in workmanship and influences) material for a period of 5 years. 8. the Module was subject to a force majeure (e.g. fghtning strike, hail, fire, B. This limited warranty statement sets forth vandalism or natural catastrophes) or Conergys total and exclusive warranty other cicumstances which are beyond obligation. Conergy does not assume. no Conergys control. authorize any person to assume for IL any other ability In connection whh the sales of its D. In the case of a warranted situation. Conergy Products. shall, at ns sole discretion, either repair or replace the Solar Module or provide additional C. This limited warranty may be transferable upon Solar Modules to make up the loss in power, If sale of the Product so long as the Product any. Conergy wit acquire legal title to each remains Installed in Its original location during Solar Module for which a replacement has the applicable warranty period. Any such been supplied. If Inc Solar Module in question transfer wIll not cause Inc beginning of any is no longer manufactured. Conergy is then new warranty period. nor shall Inc original entitled to deliver another type of Solar Module terms or warranty period of this limited wfitch may be different In size, color, shape warranty be extended by any such transfer. To andia paver. . transfer Me Itmfled warranty, the transferor shall provide written nonce. Including (1) the E Replacement or repairs under terms of this transferee's MI legal name, (2) installation warranty do not renew or extend the original address, (3) date of transfer and (4) a copy of warranty Period. the relevant plrchase order(s) for the Product. to Inc Customer Service address indicated in § F. Conergys total and aggregate Ilabifiy. n any. 4 bel in damages or otherwise. shall not exceed Inc purchase price of the Solar Module as pail by § 2 Warranted Performance the Customer. Conergy guarantees to Inc Customer, that the Solar §3 Territorial Scope /Warranty Period Modules will generate no less than 90% of Inc minimum power as specified In Inc nodule's respective A This Limited Warranty applies geographically data sheet for a period of 12 years and no less than to Solar Modules sold and installed In the 80% of the minknum power as specified in the United States of America and Canada. Module's respective data sheet to a period of 25 years. This guarantee covers excluswely loss of B. The warranty period begins on Inc day of pedamance due to cell degradation. Any loss of purchase (date of commercial Invoice) by the performance that Is caused by material or progressive First Operator, defects is not covered. § 4 Procedures In the Event of a Complaint A. The loss of performance must be determined by a testing uni authorized by Conergy by In the event that a Solar Module exhlbls a defect or means of a valet test procedure conducted at then plwtii covered l under l inked Warranty, Standard Testing Conditions (STC). o Conergy at Service at 8884964011. B. This warranty does not cover adverse effects on the Solar Modules which arise because: Please have Inc following information avanable when 1. Inc Solar Modules were not contacting Us: assembled in accordance with me - Your name. address, postal code and a assembly instructions provided m the telephone number where we can reach you. respective Installation Manual, - The model description and serial number of 2. the Solar Modules were not the relevant Module (both Items may be found transported, installed, assembled. on the label of the Module). tested, operated or serviced in - Purchase recut containing Inc purchase date accordance with Instructions provided and vendor's address. Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 1 32 SO Lenergy Your Power. Your Choice. - Warranty Certificate of the faulty Module Of D The foregoing provisions state Conergy's available). entire habilly, and the Customer's exclusive - The date of Installation. remedy. for any breach of warranty. express or - The location and address of the installation. implied. IN NO EVENT WILL CONERGY BE - A complete listing of the observed defects. the LIABLE FOR ANY CONSEQUENTIAL OR device or test equpment readings and any INCIDENTAL DAMAGES ARISING FROM OR additional Information that could help in OUT OF THE INSTALLATION OR USE OF analyzing Inc defect ANY PRODUCT. OR ANY BREACH OF - The size of the entire instaaatlon on kWpY WARRANTY: WITHOUT LIMTING THE FOREGOING. CONERGY SHALL NOT BE Upon request. please provide Conergy with the LIABLE FOR PERSONAL INJURY, following dodnnents and Mormation: PROPERTY DAMAGE, LOST PROFIT. LOST • - Photos of the defective or damaged Module REVENUE, HARM TO REPUTATION, LOSS - The circuit dlagran(sl of the installation OF DATA, ADVERTISING OR - Test and recording equipment readings for MANUFACTURING COSTS, OVERHEAD complaints based on reduced power). COSTS. LOST CUSTOMERS, OPERATIONAL DISRUPTIONS OR COSTS The staff of Conergy Customer Service Mg intone you RESULTING FROM DISASSEMBLY, • of any additional steps and will supply you with your INVESTIGATION, DISPOSAL own. Individual complaint number. Please provide Ns REINSTALLATION OR TRANSPORTATION number during any discussion related to the OF THE DEFECTIVE MODULE OR DOWN- processing of your complaint TIME RESULTING FROM THE INSTALLATION OR USE OF ANY PRODUCT If the staff members at Conergy Customer Service OR ANY BREACH OF WARRANTY. Some request that you send Conergy purchase states do not allow the exclusion or limitation documentation which is more specifically defined of incidental or consequential damages, so Inc during discussions, then please send this information above limitation or exclusion may not apply to either by mall or by tax to Inc tolowing address: you. Conergy Customer Service E. This Imbed warranty statement shall be 2480 W. 26 Avenue Suite 26B governed by the internal laws of the state of Denver. CO 80211 Colorado. without reference to conflict of laws Fax 720-2794664 principles. The united Nations Convention on Contracts for the International Sale of Goods Please note that Conergy cannot accept the delivery of shall not apply to this limited warranty any Solar Module without prior written authorization by statement My and all disputes arising out of Conergy. or relating to this limited warranty statement. any breach of warranty, the Product or the § 5 Warranty Limitations and Final Provisions installation or use of Inc Product shall be resolved through binding arbitration conducted A. This Limited Warranty does not apply I the M Denver, Colorado. U.S.A. defects or discrepancies M the condition of the Solar Modules are not material and such defects or discrepancies are insignificant win • respect to the value or conforming use of the Solar Modules. B- Conergy is not liable for any detays or failure to provide Inc warranty performance listed in § 1 If that delay or fa8txe Is caused by force maJeure, war, war -like conditions. terrorism. earthquake, cMl unrest strikes, epidemics, fire, flooding or other similar circumstances • which are beyond Conergys control. C. THE WARRANTIES STATED HEREIN ARE IN LIEU OF ALL OTHER EXPRESS WARRANTIES. IF THE CUSTOMER IS A - BUSINESS OR ENTITY, ALL IMPLIED WARRANTIES. INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARE DISCLAIMED. IF THE CUSTOMER IS A CONSUMER WHO PURCHASES THE • PRODUCT FOR PERSONAL, FAMILY OR - HOUSEHOLD PURPOSES, IN NO EVENT SHALL ANY IMPLIED WARRANTIES. INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR • FITNESS FOR A PARTICULAR PURPOSE. • EXTEND BEYOND THE APPLICABLE WARRANTY PERIOD IDENTIFIED I.1§ 3. ABOVE Some states do not allow Imitations on row long an implied warranty lasts. so the above limitation may not apply to you. This • warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 1 33 SMA yv�. \ • ...1. ,v.t....: ,.. „ . 4r YW ` b . c S V l * ti • Highest CEC efficiency in its class • Sealed electronics enclosure & • Ideal for residential or commercial • Integrated load -break rated OpticoorM applications lockable DC disconnect switch • Comprehensive SMA • Sunny Tower compatible • Integrated fused series string communications and data • 10 year standard warranty C O US combiner collection options • UL 1741 /IEEE -1547 compliant C V SUNNY BOY 5000US /6000US /7000US / 8000US The best in their class Our US series inverters utilize our proven technology and are designed specifically to meet IEEE -1547 requirements. Sunny Boy 6000US, Sunny Boy 7000US and Sunny Boy 8000US are also compatible with the Sunny Tower. Increased efficiency means better performance and shorter payback periods. All four models are field - configurable for positive ground systems making them more versatile than ever. Throughout the world, Sunny Boy is the benchmark for PV inverter performance and reliability. Technical Data SBS000US SB6000US 58700005 SB8000US Recommended Maximum PV Power (Module STC) 6250 W 7500 W 8750 W 10000 W DC Maximum Voltage 600 V 600 V 600 V 600 V Peak Power Tracking Voltage 250 -480 V 250 -480 V 250 -480 V 300 -480 V DC Maximum Input Current 21 A 25 A 30 A 30 A c z Number of Fused String Inputs 3 (inverter), 4 x 20 A 3 (inverter), 4 x 20 A 3 (inverter), 4 x 20 A 3 (inverter), 4 x 20 A - (DC disconnect( (DC disconnect) (DC disconnect) (DC disconnect) F PV Start Voltage 300 V 300 V 300 V 365 V = AC Nominal Power 5000 W 6000 W 7000 W 8000 W _ AC Maximum Output Power NA @ 208 V 5000 W 6000 W 7000 W 7700 W @ 240 V = 8000 W 0277 V AC Maximum Output Current (0208, 240 277 VI 24A, 214,18A 29 A,25 A,22 A 344,294,25 A N /A, 32 A, 29 A AC Nominal Voltage Range 183 - 229 V@ 208 V 183- 229V @208V 183 - 229 V@ 208V N /A0208V ' 211- 264V 0240V 211- 264V 0240V 211 -264 V0240 211- 264V 0 240V 1 244 -305 V @277V 244 -305 V @277V 244 -305 V0277 244 -305 V0277 fl AC Frequency: nominal /range 60 Hz/ 59.3- 60.5 Hz 60 Hz /59.3 - 60.5 Hz 60 Hz /59.3 - 60.5 Hz 60 Hz /59.3 - 60.5 Hz F 3 Power Factor (Nominal) 0.99 0.99 0.99 0.99 h Peak Inverter Efficiency 96.8% 97.0% 97.1% 96.5% z CEC Weighted Efficiency 95.5 %@ 208 V 95.5%0208 V 95.5 %@ 208 V N /A@ 208 V - 95.5 % @240V 95.5 % @240V 96.0% @240V 96.0 %@240V 95.5 % @277V 96.0 % @277V 96.0% @277V 96.0%0277V Dimensions: WzHx Din inches 18.4 x24.1x9.5 18.4 x2b.lx9.5 18.4224.1x9.5 18.4 x24.lx9.5 _ Weight / Shipping Weight 141 lbs/ 148 Ibs 141 Ibs/ 148 Ibs 141 Ibs / 148 Ibs 148 Ibs/ 152 Ibs Ambient Temperature Range -13 to 113 °F -13 to 113 °F -13 to 113 °F -13 to 113 °F Power consumption at night 0.1 W 0.1 W 0.1 W 0.1 W Topology Low frequency transformer, Low frequency transformer, Low frequency hansformer, Low frequency transformer, 4 hue sinewave True sinewave true sinewave hue sinewave T Cooling Concept OptiCooITM, OpbiCooITM, OptiCoolTM, OptiCoofl , r Forced active cooling forced active cooling forced active cooling forced active cooling r Mounting Location: indoor / outdoor (NEMA 3R) •/• •/• •/• •/• LCD Display • • • • Communication: R5485 /wireless 0/0 0/0 0/0 0/0 Warranty: 10 years / 15 years / 20 years • /O /O • /O /O • /O /O • /O /O Compliance: IEEE -929, IEEE -1547, UL 1741, • • • • UL 1998, FCC Pan 15 A &B Specifications for nominal conditions • Included 0 Optional o NOTE: US inverters ship with gray lids. Efficiency Curves . i m 11 r• 9e - -- u E C / ..........- Up, 480 V DC _ n m , 1p J°h�geR 8 8 es O n Morryreralon B5. 1 SS 70001 r-mxw�50md 2000 oNry�nq -- TY . . a a (000 ]O 3W W 0 4000 5000 ea iron PMiW 1 111. Z Tel. +1 916 625 0870 lltt Toll Free +1 888 4 SMA USA www.SMA - America.com SMA America, LLC SMA SMA Factory Warranty 10 Year Warranty A ten year warranty applies to the following products: 5B 700 -US, 5B 2000HF -US, 5B 2500HF -US, 5B 3000HF -US, SB 3000 -US, SB 3800 -US, 5B 4000 -U5, 58 5000 -US, SB 6000 -US, 58 7000 -US, SB 8000 -US, SB 8000TL -US, SB 9000T1 -US, 58 10000TL -US, Sunny Tower 36/42/48, WB 3000 -US, WB 5000 -US, WB 6000 -US, WB 7000 -US, WB 8000 -US purchased after November 1, 2009. 5 Year Warranty A five year warranty applies to the following products: 513 1100U, SWR 1800U, SWR 2100U, SWR 2500U, SB 3300U, SB 3800U, SB 6000U, 51 4248U, SI 5048U. A five year warranty also applies to SMA Bluetooth® Repeater, Sunny Beam with Bluetooth ®, Sunny WebBox, Sunny WebBox with Bluetooth®, Sunny SensorBox, SC /SB Combiner Boxes purchased after April 1, 2005. Extended Warranty For the following devices you can acquire an extension of 5 or 10 years on the SMA factory warranty, from the date of the original warranty period. 5 Year Extended Warranty: Sunny Boy 2000HF- US /2500HF- US /3000HF -US Sunny Boy 8000TL- US /9000TL- US /10000TL -US Sunny Boy 700 -US, Sunny Boy 3000 -US /3800 -US /4000 -US Sunny Boy 5000 -US /6000 -US /7000 -US /8000 -US Windy Boy 3000 -US /3800 -US Windy Boy 5000 -US /6000 -U5 /7000 -US /8000 -US Sunny Island 4248U/5048U 10 Year Extended Warranty: Sunny Boy 2000HF- US /2500HF- US /3000HF -US Sunny Boy 8000TL- US /9000TL- US /10000TL -US Sunny Boy 70005, Sunny Boy 3000 -US /3800 -US /4000 -US Sunny Boy 5000 -US /6000 -US /7000 -U5 /8000 -US Windy Boy 3000 -US /3800 -US Windy Boy 5000 -US /6000 -US /7000 -US /8000 -US Sunny Island 4248U/5048U Please contact the SMA service hotline for more details at +1 916 625 0870 or by fax +1 916 625 0871. The SMA factory warranty covers any repair or replacement part costs incurred during the agreed period, beginning on the device's purchase date, subject to the conditions listed below. This is not associated with the durability warranty. 0 Warranty Conditions If a device becomes defective during the relevant SMA factory warranty period, one of the following services, as selected by SMA, will be performed at no charge for materials or labor costs: • Repair at SMA, or • Repair On -Site, or • Exchange for a Replacement Device (of equivalent value according to model and age). In the case of an exchange, the remainder of the warranty eligibility will be transferred to the replacement device. In such an event, you would not receive a new certificate, as your eligibility is documented at SMA. For determination of warranty eligibility, please submit a copy of the purchase receipt, or a copy of the warranty certificate, and if applicable, evidence of the warranty extension. The type label on the device must be completely legible. Otherwise, SMA is entitled to refuse to provide warranty services. Please report defective devices to our service hotline at +1 916 625 0870 or by fax to +1 916 625 0871 providing a brief description of the fault. On workdays, we generally send an equivalent replacement device, packaged appropriately for transport, within 48 hours. The defective device is to be packed in this transport packaging for return transport to SMA. If the warranty applies, and if SMA has a branch, or service partner, in the country in which the device is operated, the transport costs are covered by SMA. Exclusion of Liability Warranty claims and liability for direct or indirect damage are excluded if arising from: • Transport Damage, • Incorrect Installation or Commissioning, • failure to Observe the Maintenance Regulations and Intervals, • Modifications, Changes or Attempted Repairs, • Incorrect Use or Inappropriate Operation, • Insufficient Ventilation of the Device, • failure to Observe the Applicable Safety Regulations, • force Majeure (e.g. lightning, overvoltage, storm, fire), or • Cosmetic Shortcomings (which do not influence the supply of energy) Further - reaching or additional claims due to direct or indirect damage, especially claims for compensation for damages due to loss of profits or due to costs arising from disassembly and mounting, are excluded if no legally mandatory liability applies. In addition, our general terms and conditions of delivery apply. They can be downloaded from www.SMA - America.com. If requested, we can also send you a copy of our general terms and conditions of delivery. Please contact our service hotline at +1 916 625 0870. N n O SMA Solar Technology America, LLC 6020 West Oaks Boulevard, Suite 300 y Rocklin, CA 95765 N Tel. +1 916 625 0870 Tel +1 877 697 6283 (Toll free, available for USA, Canada and Puerto Rico) o Fax +1 916 625 0871 Service@SMA- America.com www. SMA- America.com SOLenergy Your Power. Your Choice. Altemative Racking Option Since installing the original 21 kW PV system, in 2008, pricing on the 2" galvanized steel pipe has , increased significantly. As a more cost effective option, we recommend consideration of the Schletter PV MAX 3 racking system. This system is especially designed for applications where there is an existing concrete slab for attachment. It is very similar to the DPW rack in the way that it attaches via flanges screwed into the concrete. As you can see from the picture, the racking configuration is slightly different from the DPW rack but with the arrays at the same height and tilt angle, the overall look would be very similar and it would cost $0.22 per installed Watt less than the DPW racking. The cost for a PV system using this racking altemative has been provided in the cost section. The standard warranty for this option is 10 years and it is possible to purchase a warranty extension up to 25 years. viol , m� 6� e r 0 li \ N‘ i � Front: 1 Concrete dowel , y 4b -. " 1111 11111 6 : 1 1 1 1 j t j1 a 400' S / I, 00 4 4 i 1 .4, 4 44, t i a k, *T 4,, r., Rear: 2 Concrete dowels f i il Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 114 Exhibit B Scope of Work Sol Energy shall provide materials, labor, expertise, testing and training for the installation of a 72,000 watt solar photovoltaic energy system at the City of Aspen Water Treatment Plant. Sol Energy shall integrate the new solar PV array with the existing 21,000 watt system already in place. • System shall include solar modules, power processor /inverters, monitoring system, disconnects, lightning protection, wiring, conduit, breakers, grounding hardware with ground rod, schematics, blue prints, and one -line drawings. • The system must be designed to interconnect with the grid and the vendor shall be required to handle all interconnection agreements with the power provider. • The system must integrate with existing PV array completed in Phase I. • All licensing, permitting, inspections, installation labor, engineering, and commissioning, and costs of permits must be verified with the City of Aspen Community Development Department, and are the responsibility of the contractor. • All wiring routing and location of processors TBD on site with the project manager. • All AC and DC disconnects provided per code. • All licensing and inspections to provide live interconnection to the grid. • A NABCEP or COSEIA certified installer is required for the CD work. • A licensed state Journeyman or Master electrician is required for AC work. • Installation shall be per NEC and NABCEP standards and shall be inspected by State or local electrical inspector. SoLenergy Your Power. Your Choice. Option 3 - 72 kW Photovoltaic System This design uses all of the available space on the clear well pad, but also focuses on aesthetically integrating the new arrays with the existing array. In this design option the new arrays are of the same height and dimensions as the original array and would provide a total of 71.76 kW for the new PV system, as demonstrated by the dimensioned layout diagrams below. All equipment, including modules and inverters would be the same as in option 2. Dimensioned layout diagrams, showing the aerial view and side view, have been provided on the following page. Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 19 1 O T Np H W i 1211 N N to R W N 6 C O Y a 0 o 0 lV N 1 - I I NI 1 0 fV N O1 N 1—a — i c 0 CL O G I N I S O Lenergy Your Power. Your Choice. Monitoring: Any new PV capacity can be added to the existing Fat Spaniel Monitor at no additional cost to the City. The current monitoring contract is a five year contract that started in September of 2008. The display would show statistical information and graphics for the existing array, and new arrays, on the same dashboard. The City would be able to demonstrate the total energy production of the entire integrated system, to the public, via a kiosk in a public building and /or via a link on the City website. For energy production and tracking purposes, City personnel are able to download current and historical production data and can specify custom date parameters as the increments of time that the information should be displayed in — hourly, weekly, monthly, and annually. Below is a spreadsheet downloaded from the Fat Spaniel website, demonstrating monthly production of the existing 21 kW system from September 2008 to August 2010: System Energy Output Site Name. Aspen Water Treatment Plant Time Zone: US Mountain Creased By katharine. rushton Report 2 6(08 :2010 ix,I ;> ' rle4;:• 1rdervd Sum ;. -- , Dge t .. Time t12411) . 01/09/2008 0 455.12 01/10/2008 0 2900.5 011112008 0 1627.37 01/122008 0 616.7 01/01/2009 0 1031.23 01/02/2009 0 2403.4 01/032009 0 3207.96 01/04/2009 0 3073.86 01/05/2009 0 2961.34 01/062009 0 2672.89 01/07/2009 0 3132.18 01/08/2009 0 3259.72 01/09/2009 0 2611.47 01/102009 0 2293.77 01/11/2009 0 2466.53 01/122009 0 1331.72 01/012010 0 1696.12 01/022010 0 1792.41 01/032010 0 3247.69 01/042010 0 2729.1 01/05/2010 0 3305.48 01/062010 0 3073.32 01/072010 0 3156.83 01/082010 0 2547.74 Total 57594.45 Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 116 SOLenergY Your Power. Your Choice. Option 3 - 72 kW - Production Estimates. Using a derate factor of 0.82 , a module orientation of 194° and a tilt of 40 °, the year one production calculation for the 72kW array is 112,332 kWh/yr. With a derate factor of 0.79, the year one production calculation for the 72 kW array is 144,067 kWh/yr. PV Watts calculation data demonstrating these production figures has been provided below: Option 3 - 72 kW. with 0.82 Derate Factor. Station Identiif`ication Results ,City 1Eag1e Solar AC Energy (5) Mon& 1Colauado nm Radiation 1 Energy VValue (ka'hra 4n-) I 011510 011510 latitude: 39.65° N 1 I 435 1 8052 676.37 y l' Longitude: 110692° W 2 T 4.95 w II 8247 I 692.75 'Elevation: - 11985m 1 'u- g .__ - 5.47 t 9897 r 83135 11 'PV System Specifications I 4 6.17 1[ 0476 879.98 ;DC Rating: 1711kW 5 6.15 I 10353 II 869.65 ADC to AC Dente Factor 10.820 �' 6 632 II 10326 I 86738 `AC Rating'. 158.8 kW I I 7 6.24 10039 L 84318 I Array Type: 'Fixed Tilt J i 8 6.38 10430 I 876.12 I Away Tilt 140.0 I 9I 6.21 If 9922 II 833.45 !Array Azimuth: 1180.0° I 10 5.73 II 9710 I 815.64 i Energy Specifications I 11 1 4.46 II 7698 II 646.63 ' Cost of Electricity: 18.4 OWL& 1 L 12 ' q 3.87 1 7182 603.29 1 Year I . 5.54 II 112332 I 9435.89 Option 3 - 72 kW. with 0.79 Derate Factor Station Identification ___1 Results City. Eagle I Solar AC Energy Month I Radiation Energy Value 'State: Colorado I (kR Onn ($ Latitude: 39.65 °N 1 1 [ . 4.35 I I 7753 II 651.25 f ,Longitude: 110692° W 1 2I, 4.95 7940 666.96 ,Eletation: 1985 m 3 I 5.47 9531 1 800.60 I' PV System Specifications 4 i 6.17 11 10088 I 847.39 I DC Rating ~- - 171.8 kW 1 5 i 6.15 I 9965 II 837.06 DC to AC Derate Factor. 10.790 16 I 6.52 II 9939 If 834.88 I{ 'AC Rating: 156.7 kW I I 7 I 6.24 II 9663 II 811.69 I Array Tye: Fixed Tilt 8 6.38 10041 843.44 1� ,AnayTilt 40 9 i 6.21 9555 I 802.62 i `Array Azimuth: 1180.0° 1 10 1 5.73 Il 9351 . 11 785.48 1 Energy Specification - 11 I 4.46 I 7411 I 622.52 II Cost of Electricity: 18.4w1 I 12 ! 3.87 II 6913 I.- 580.69 I Year ! 5.54 108152 I 9084.77 , Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 1 51 S0Lenergy i=ce /a. Your Power. Your Choice. Shading Analysis For the most part, the clarifier cover is free of any significant shading. The original array was placed 17.5 feet away from the front of the pad, to avoid shading from the building to the south. A new array to the west of the original would also be completely unshaded. Shading analyses were performed using the solmetric shading analysis tool. Pictures were taken at the NW and NE comers of the clarifier cover. The results demonstrate that photovoltaic arrays in these locations will experience some shading from the trees to the side of the pad in these locations. Should the City decide to maximize the size of the PV system and fill the available space, we recommend that the trees in these comers be removed. Shading Analysis — NW Comer of Clarifier Cover. Fes mo; i iim ark ,s 0 011Milinsi :N le:o. � t. . , it, ... / 4 01/ +A to:0. a d t i, . 00 afr h Saba Access ' f : M+aaa: 8911 Nared: loft s ' ;w:. tlerAps: 2711 .. :n. Data by Solmetrk `anEye"" — www.solmetrk.com NoMldy solar access: (Reed; UMW; Azs. -189 iiiii lan Feb Nar A'pr May Jun lW Aug Sep Oct Nev Dec Data by Solmetrk SurEye'" — www.solmetrk.com - Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 1 52 .... ._. S OL ener gy _/ %AML\ Your Power. Your Choice. Shading Analysis — NE Comer of Clarifier Cover. r4WE tom, I kil . 4, 14:00 \ _. IPS{ �s p F f ° ':.;r , +- . 11: �. felr Aaess - a. US y - - MaT -0d: 16er*p: *1% Data by Solrretrk Si €ye^' — www.solmetrk.com Monthly solar access; (Fixed; T0l =33et Aaiaw188x) i lIl i l i i lI H • 8296 8596 6296 el% i Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Data by Solmetrk SunEye" -- www.solmetrk.com Inter row shading calculations Options 1, 2, and 3 each have several rows of PV arrays. Each row has been precisely placed to avoid shading from the array in front of it. Inter row shading calculations were performed using the minimum sun angle which will occur at 9am and 3 pm on the winter solstice. • 13'8" - 8' 9" - - 8 9' 21x ... _.... HY 5" 22 10" la 5" Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 153 S o( energy /11 Your Power. Your Choice. - — • r 04 pf � u +r (j fi hi Oil ev A. CD av W o ° Lail ® au an t b y 0 a 94 a 1 5 C TA Po in • 1 Q y da E: Is �° ac i i - a • e'a i 0 e a rrrr kb • _ E G t � y Q y y a to. H - - Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 163 p9 1 abed CZ 91.8 '00 'appuoqie0 'LLZ x09 '0d 'ail ABieus ps ' _-- m" ...,..- 9 --1;;;:..>st--5:"'s:2.;;;:`le;!:::-.1.:',;E:'; -' ' ifi .'''./.-.111,, '.:11';;;::: .{4,--, .; 5 ‘ . 2-t -- . '7 ( ;: , :1-' :: q4; , ' N.,:: " f t ; '' . ?;:1 A ' r : .: ':. - t j-C,: ,aL ; . : ' 1 ; I X ‘ '." ". , - .• ' 1. ';. 1 ' '''' ' , 4-, 44 ete 0,.:-..: , i;::,,d. r :: - ts,- ' ", - 'ir r i .:--..—t )':;4,ipiiiioi ilurivil_ ....i..--.- . 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H I i1 1 x CU 01 ,( ti Q i '! .V 01 //Pi 2 u E 4 a _ 1 :_ kaw co r0 in N n � A :11, z LC j it 'fr v Coll a y z i �is le _ � �c ,L - t' r . - a • ' f l t 5.,-, Y : -' { I 2 aoptio moA lamed moA `• !'e/ ASJau OS r 99 1 a6ed £3969 '00 'alepuogJe0 'LLZ X08 'O'd '011 Mau] Ios 1 1 ■ ■ 1 1 1 1 . • . ■ 1 1 w § a J o w 2 rc 1 € j y i m M)IL6 - Z uoVIO - eullawll uolleIleisul - 9 U09309 •aaiay3'no), 'mum MCA K2JaUa 1QS EXHIBrr C Option 3 - 72 kW Turn Key Photovoltaic System Equipment 72 kW PV system ( Modules, Inverters) $191,900 Mounting Hardware $38,147 Monitoring $0 Balance of Systems $5,239 Equipment Total $235,286 Labor Installation $42,447 A/C Electrical $5,764 Roofing $15,423 Testing /Commissioning $2 Training $725 Labor Total $66,758 Permits Pitkin County (estimate) $1,500 Permits Total $1,500 Taxes Pitkin County Use tax (0.5 %) n/a Taxes Total $0 Total Cost $303,545 Per Watt Cost $4.23 Invoicing 20% of the total contract cost shall be paid upon the "Notice to Proceed ". 50% shall be paid upon the delivery of the panels and inverters at the Water Treatment Plant located on Doolittle Road in Aspen, CO. The remaining 30% shall be paid upon the final conditioning and satisfactory performance evaluation. SoLenergy /Span\ Your Power. Your Choice. EV Charging Rough -in Cost Price Estimate for EV Charging Rough in ' energy SO City of Aspen Water Treatment Facility Your Power. Your Choice. 500 Doolittle Drive, Aspen, CO 81611 Materials ( conduit, wire etc) $250 Labor $250 A/C electrical $750 Total $1,250 Sol Energy LLC, P.O. Box 217, Carbondale, CO. 81623 Page 160