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Home My WebLink AboutC23290C1 - Carlson Solar AGREEMENT THIS AGREEMENT is made and entered into this ��day of I�+'� Qp� by and between City of Palm Desert, Califomia,hereafter calied "AGENCY", and �tvl501� SO�Q.`- hereinafter called "Contractor". WITNESSETH Rf:CIT'ALS: Contractor has submitted to AGENCY its Contractor's Proposal for the construction of AGENCY Project, 1. PALM DESERT CIVIC CENTER NORTH CARPORTS PHOTOVOLTAIC STSTE'�1, CONTRACI' NO. C-23290 C1 in strict accordance with the Contract Documents identified below and AGENCY has accepted said Proposal. 2. Contractor states that it has re-examined its Contractor's Proposal and found it to be correct, has aseertained that its subcontractors are properly lieensed and possess the requisite skill and forces, has exarnined the site and Contract in accordance with the Contracl Documents for the money set forth in its Proposal to he paid as provided ii� the Contract n�cuments. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: ]. Contract nocuments: The entire contract consists of the following: (a) 'I�he Agreement; {b} "I'he Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (� The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Standard Specifications as modified in other portions of the Contract Documents; (j) The Plans; (k) Addenda Nos. and ; (1) Any Change Orders issued; (m) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do al] things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within NINETY (90) calendar days from the Notice to Proceed date to the satisfaction of the AGENCY's Representative. 3. Contractor agrees to indemnify, defend and save AGENCY and its officers, agents I-I and employees, and the ENGINEER harmless from: a) Any and a!1 liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, b) Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material-men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials ar supplies ii� Conversian with the performance of the Agreement. Attention is directed to the General Specifications pages GS-16, GS-23, and C'TS-24, which specifications aze made part of this Agreement as set forth in Agreement paragraph 1, above. 4. The contractor shall provide to the AGENCY the following warranty: The Photovoltaic Systems must have a minimum 10-year warranty provided in combination by tl�e manufacturer and contractor to protect the AGENCY against system or component breakdown. Warranties ►nust cover the solar generating system, including PV modules(panels)and iiiverters, ai�d provide for no-cost repair or replacement of the system or system components, including any associated labor during the warranty period. The warranty must cover the major components of the solar system(PV modules and inverters)against breakdown or degradation in electrical output of more than I S percent from their origina{ty rated electrica! output during the 10-year period. 5. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the AGENCY or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 6. �I'his Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by AGENCY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. g. Contractor sha11 maintain compliance with all provisions of CAL OSHA standards and regulatioris. Cantractor acknowledges and agrees to be defined as the controiling employer at the job site. As the controlling employer, the Contractor shall take reasonable steps to ensure that all subcontractors maintain compliancc I-2 with CAL OSHA Standards and regulations. 9. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes Contractor's certifcation that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California 1,abor Code which reyuires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I wil] comply with such provisions before commencing the performance of the work of this contract." liv' WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. . CI"I'Y OF PALM DESER"I' "CONTRACTOR" (signature to be notarized) Ry: By' Gs� Richard Kelly, I�layor • Signature AStest: ---""� -� Title City Clerk -- ---- Approved as to content - --- David J. Erwin, City Attorney I-3 �J;`:';x 3kd;.'.! SUl'll1[It1 ( �II(()Ittilt � EDISON . . .:�, :,,;,:, ,,,,,, ,, �_. , March G. 2007 Patrick Conlon/Bcnjamin Druyon Citv of Palm Desert 73-�10 Fred Waring Drive Palm Dcscrt.CA 922f>0 RE: California Solar Initiative, Reservation Request No. CSI07-031 -"City of Palm Desert" 73510 Frcd Waring Drn�e —Confirmed Reservation Notice Letter—3 Step Process EPPB(Please refcrence this number with all correspondence) Dear Mr. Conlon/Mr. Druvon: Congratulations,your application is conditionally approved. The fotlowing swnmari-r.es w�hat you will be installing for the CSI Program. Please use this new Reservation Number on all future correspondence. ■ Host Customer Type= Government • System Size=46.337 kW ■ Project Cost= $416,U00.00 ■ Incentive Rate= $3.25/W ■ Design Factor=0.998 ■ Reserved Incentive=$150,29-1.92 ■ RFP Due Date=May 5, 2007 • PPA Due Date= November 1, 2007 The amount of your incentive may vary if the"as built system"does not match what you have submitted. Additionall��, the CSI final Handbook has not been finalized nor approved by the California Public Utilities Commission. The}�ma} or may not change lhe requirements of the program which may affect your incenUve. Please see the required Incentive Claim form Processing information ouUined in Seclion 4 of the 2007 CSI Handbook. The 2007 Handbook is available on SCE's website at www.sce.com under Rebates&Savings,click on the California Solaz Imitative. Net generator output meters are required for all CSI installations. Costs for metering nornially required by the electric utiliry, in accordance with its Rules,shall be borne by the customer See Appendi�B of the CSI Handbook. All forms and interim changes to the CSI Handbook,as they are added to the program,can be found on the SCE website at -- http://www.sce.com/RebatesandSavings/CaliforniaSolazInitiative/. Public Entities must,within 60 calendar days of the date the Conditional Reservation Letter,submit a copy of the issued request for proposal(RFP or equivalenl)for purchase or installation of the generating system. Your RFP is due on May 5.2007. You are reminded that if the PPA submittal is not received on or before the PPA due date the reservation will be cancelled. No ea�tensions will be granted. If you have any questions,please feel free to call me at 626-302-8�36. Sincer ly, � Howard Green Program Manager California Solar Initiati��e Prograin Enclosure: PPA Checklist ''.i; ��;�Im:i t�r,��_ ��.� i:�,�:iu�;r.l. ('\ ,�I_'��