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HomeMy WebLinkAbout2023-096 PO 20240055- Stracker Inc. Purchase Order !Ft Vat "a i *..Cr!^.• - Fiscal Year 2024 Page: 1 of: 1 c 4,..j 19d p.m ago N I agal BCity of Ashland ATT; 15b1e: Acounts Paya L 20 EPurchase 20240055 20 Order# T Phone: 541/552-2010 O. Email: payable@ashland.or.us V C/O Public Works Department E STRACKER INCORPORATED H 51 Winburn Way p N 645 A ST p Ashland, OR 97520 O ASHLAND, OR 97520 Phone: 541/488-5347 R O Fax: 541/488-6006 Scott Fleury Oq yi :%\_-%\ -P1 � 3 ±•:_•• 08/08/2023 7961 e6 FOB ASHLAND OR/NET30 . City Accounts Payable tan- Bea-WM.Solar Grant Project 1 Dual-axis solar photo-voltaic trackers and solar EPCM services 1.0 $940,000.00 $940,000.00 Commercial Solar Fabrication and Installation agreement Approved by the City Council June 20, 2023 Project Account: E-G00043-999 . ***************GL SUMMARY*************** 111800-704100 $940,000.00 . • • • • By: ill fill" AI A 'Date: Authorized Signature`�� $940,000.00 • STRACKER . SOLAR 1 • STRACKER SOLAR • • 645 A St,Ashland,OR 97520 (541)631-1275 • July 17,2023 f Lam' t The City of Ashland Oregon 20 East MainStreet • Ashland,OR,97520 REF: Ashland(6)—Stracker 510 PV, Battery, Microgrid and EVCS System (Job#2302a) • , • SUB: •City'ofAshland Project#00043 • Stracker Solar Invoice#2302a-001 , • Project Build cost per Commercial Solar Fabrication �. andInstallatiop Agreement: $940,000 • • Contract Execution-30% , i $282,000'. Initial deposit will be usedto secure subcontractors,build the Stracker Solar units and • purchase critical EVCS components including batteries and EVCS stations- *Please refer to attached Project Proforma -- ) • Amount Due-This Invoice C ; $282,000 Per Agreement Payments for all Contractor Invoices shall be due within even(7)calendar days of the Invoice Issue date or within five(5)business days of receipt,whichever occurs later: Please make checks payable to: Stracker Incorporated or we can provide wire transfer Information. - THANK YOU! • . • L , !, Heather Rodriguez . : • From: Thomas McBartlett III Sent: Monday,July 31,2023 8:11 AM To: Accounts Payable Cc: Miranda Iwamoto : Subject: RE:Stracker Invoice • 111800.7041.00 - • Regards, . • .Tom McBartlett,Director of Electric City of Ashland Email:mcbartlettt@ashland.or.us". Phone:541.552.2314 This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention..If you have received this message in error, please contact me at(541)552-2314.Thank you. From:Accounts Payable<payable@ashland.or.us> . Sent:Monday,July 31,2023 6:48 AM . To:Thomas McBartlett III<thomas.mcbartlett@ashland.or.us> . Cc:Miranda.Iwamoto<miranda.iwamoto@ashland.or.us> Subject: FW:Stracker Invoice . I see the Project#;can you provide account codes to charge? ' • • Heather Rodriguez,Accounts Payable . City of Ashland Finance Department 20 E Main St,Ashland,Oregon 97520 ' 5 • ' (541)552-2010 I TTY 800.735.2900 ' . • • ' Heather.Rodriguez@ashland.or.us ' Online.ashland.or.us;social media(Facebook @CityofAshlandOregon I Twitter @CityofAshland). S 1 • - a • This email transmission is official business of the City of Ashland,and itis subject to Oregon Public Records Law for disclosure and retention.If you have received this message in error,please contact me at(541)552-2010.. From:Thomas McBartlett Ill<thomas.mcbartlett@ashland.or.us> _ Sent:Friday,July 28,2023 8:12 AM To:Accounts Payable<payablePashland.or.us> ! Subject:Stracker Invoice Please see attached invoice for Stracker Solar l • }-lave a great weekend!!! Regards, - • Tom McBartlett,Director of Electric City of Ashland • Email:mcbartlettt@ashland.or.us • Phone:541.552.2314 • This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message:in error,please contact me at(541)552-2314.Thank you. • • • • , 2 1,1 ' ' 7 FORM #3 1 CITY OF A t�oglaest fov a Purchase ®Irdcs ASHLAND ,(, REQUISITION ateDate of request: 07/11/2023 Required date for delivery: Vendor Name Stracker Incorporated Address,City,State,Zip 645 A St Ashland,Or 97520 Contact Name&Telephone Number Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid LI Emergency O Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) 0 Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal I Cooperative Procurement Not exceeding$5,000 Date approved b Council. 0 State of Oregon ❑ Direct Award (Attach copy a cow it communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) 0 Request for 0. .lifications(Public Works) 0 State of Washington Date approved by' ncil_6/20/23 Contract# (Attach cop of co'. cii communication) 0 Other government agency contract Intermediate Procurement 0 Sole S.• rce Agency GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) • Contract#• _ Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached 0 Form#4,Personal Services$51(to$75K ; Agency PERSONAL SERVICES Date approved by Council: 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and-les';than$75,000 Valid until: /�D0e)y� Agreement approved by Legal and approved/signed by 1=1 Less than$35,000,by direct appointment [-Special Procurement F41,,,fraziAe4CGity Administrator.AMC 2.50.070(4) O (3)Written proposals&solicitation attached 0 Form#9,Request for Approvah' 0 Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K 0 Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: 6' g4 —,3 Valid until:_ (Date) • Description of SERVICES Dual axis solar photo voltaic trackers and solar EPCM services TOTAL COST _;$}94Q;00000/ Item# Quantity Unit Description of MATERIALS_ Unit Price Total Cost ❑i Per attached quote/proposal ;TOTAL:COST:- G�o9CV ?49 ;$ . ; . Project Number_ _ _ __ _ __ _ Account Number 1 + i a o o.z o a 1 o a - Account Number • Account Number *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT.Director in collaboration with department to approve all hardware and softvtiare purchases: IT Director. Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. Employee: Department Head: . VT V.12.L3 moi e ,, ®. qualt. 3.%reaterthan$5,000) Department Manager/Supervisor: City Manager: iii,• (Grea erthan$._,35 00) Funds appropriated for current fiscal year: ES./ NO h Fina"mance Director(Equei'io or :ater than X5,000) Date `•j Comments: ) - Form#3-Requisition , Ye (i memo TO: Joseph L.Lessard, City Manager FROM: Tami De Mille-Campos,Administrative Analyst DATE: 7/11/2023 RE: City Manager Signature Needed for Stracker contract Background: This item is coming to you for signature after Council approval on 6/20/23,please see the attachments for more info. Council Action: Approved 6/20/23 Signatures Required: ' 1. Finance Director on Form 3 0. • 2. City Manager on Form 3 3. City Manager on page 5 of agreement 4. City Manager on page 3 of City addendum Other Relevant Information: None Insurance waived or reduced?No Who to return to if different from sender? Are all other signatures required collected?Yes If no,please collect before sending them to the City Manager. Are all attachments listed included?Yes CITY ASHLAND 20 East Main Street Tel:541-488-6002 Ashland,Oregon 97520 Fax:541-488-5311 www.ashland.or.us TTY: 800-735-2900 Proprietary & Confidential Commercial Solar Fabrication and installation Agreement This Commercial Solar Fabrication and Installation Agreement ("the Agreement") is made on June 28, 2023, by and between The City of Ashland Oregon ("City") ("Owner") and STracker Incorporated, an Oregon corporation providing elevated, dual-axis Solar Photo- Voltaic (PV) trackers ("STrackers") and Solar EPCM services ("Contractor"). RECITALS: 1. Owner and Contractor(together, the "Parties") enter into this Agreement for the purpose of installing a high-efficiency, sun-tracking, solar electricity generation system combined with a battery backup system, to allow a microgrid and new Level3 EVCS at the City Electric Building ("the Project"). 2. The project costs will be paid for, or reimbursed, with funds from the Oregon Department of Energy Community Renewable Energy Program (CREP) grant already secured by the Contractor and already awarded to the Owner. 3. The system will consist of six (6)12.6kW Stracker S1 B units located over the existing parking lot to the south of the electric building, as well as an anticipated 80kW battery backup system and Level-3 EVCS station(s)with accommodation for future Vehicle to Grid (V2G) option when commercially available. 4. Battery size and.the number of EVCS units will be maximized within.cost restraints of the CREP grant and City preference. 5. The Contractor will engage local subcontractors to perform portions of the work including the PV and Battery systems interconnection work with Ashland Electric. 6. The Parties enter into this Agreement in good faith, with a commitment to integrity, transparency, mutual respect, the highest level of professionalism and the least disruption to the City in all dealings pertaining to the Agreement. AGREEMENT: The Parties to this Agreement hereby agree as follows: 1. Scope of Work - Contractor shall: a. Furnish all Engineering, Procurement and Construction Management (EPCM) services for the complete and proper, code-approved Ashland Electric Distribution grid connected Solar, Battery and EVCS system similar to that depicted in Exhibit A- Preliminary Site Plan. b. Contractor will supply Owner an ongoing accounting of the project's finances, permitting and construction statuses, and provide the documentation as set forth in Exhibit D - System Documentation. Owner is to supply and help install the project's 480V City Transformer. c. Upon receipt of the_deposit from Owner as set forth herein, Contractor will direct fabrication of the STracker units, complete system designs & permitting, procure materials and subcontract with local contractors to help perform the work. d. A rough listing of the Scope of Work items, and their historical time-lines, are shown in Exhibit E- Possible Project Schedule. It is understood that supply chain or other unexpected issues could significantly affect this schedule. Strecker Incorporated Commercial Solar Installation Agreement • Page 9 of 9 ' 1 2. Time of Completion. The construction portion of the Project shall commence after written approval from Owner and the garnering of all appropriate planning and building permits. The construction work is expected to be completed within sixty (60) days of its commencement and not later than December 31, 2023,' barring unexpected Supply Chain or Utility Interconnection delays. 3. Cooperation and Planning. The Parties acknowledge the importance of cooperation and planning for the most efficient building of this showcase installation and will work together to optimize Project staging and construction to'minimize disruption to the City's business. Owner is expected will share available items and details that will be of value in the planning, permitting, design and construction portions of the Project. 4. Contract Price. Owner agrees to pay Contractor $940,000 ("Project Total") for the manufacturing, installation, and configuration of the STracker S1 B PV, Battery, Microgrid and EVCS Systems, similar to the grant-allowed financial projections shown in Exhibit B - Project Budget. Installation includes all materials, methods, and labor costs, as well as the permitting and final approvals required for a complete and proper installation necessary for the Project. Battery sizing and the number of EVCS stations will increased as allowed to utilize all of the project-allocated CREP grant money. 5. Progress Payments. Owner agrees to pay Contractor the following amounts, recorded as a percentage of the Project Total, upon Contractor's completion of the following milestone events. Upon completion of each milestone, Contractor shall submit to Owner an invoice for the associated progress payment. Payments for all Contractor invoices shall be due within seven (7) calendar days of the invoice issue date or within five (5) business days of receipt, whichever occurs later. Unless otherwise requested by Owner, invoices shall be delivered via email. Percentage of Project Milestone Description Total 1 Contract Execution Parties have approved and signed the 30% Agreement. 2 Preliminary Site Subcontractors retained, required permits 30% Infrastructure procured, site infrastructure work is completed and STracker(s) have been fabricated. 3 Operational Testing Completion of initial operational testing of 30% STracker and Battery systems 4 System Operational Completion of STracker and Battery installations, 10% full system implementation, final city/county approval of required permits Strecker Incorporated Commercial Solar Installation Agreement Page 2of9 1 6. Work Quality. All work shall be completed in a high-quality manner and in compliance with applicable building and electrical codes, local laws{ and utility company requirements, and fulfillment of appropriate utility interconnection obligations. 7. Project Approval. Contractor shall furnish to Owner a klan including construction and equipment specifications for the Project, and obtain Owner's approval for such plans, specifications, materials, and equipment prior to the commencement of the installation work. 8. Warranties. All commercial, off-the-shelf equipment and materials used in the Project shall be provided with original manufacturers' warranties where and as applicable. The work performed under this Agreement will be warrantied per Exhibit C -Warranty Provisions. 9. Licensing. To the extent required by the law, all work on the Project shall be performed by individuals duly licensed and authorized by law to perform said work. 10.Subcontractors. Contractor may, at its discretion, engage subcontractors to perform work hereunder, provided Contractor shall be fully responsible for payment of said subcontractors and in all instances remain responsible to Owner for the proper completion of this Agreement. I 11.Release/Waivers. Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided prior to the,time the final payment shall be due. 12.Change orders. Any alterations or deviation to the above specifications will be executed only upon a written order for same, signed by both Parties. If there is any charge for such alteration or deviation, the additional price must be mutually agreed in writing and added to or deducted from the contract price of this Agreement. Such change orders shall be incorporated in and become a part of this Agreement. 13.Insurance. Contractor warrants that it has and will maintain insurance coverage adequate for the work being performed, specifically including but not limited to the following: (1) Occurrence-based commercial general liability insurance (including contractual, products and completed operations coverage)with a combined single limit of not less than $2,000,000 each occurrence for bodily injury and property damage,with an annual aggregate.limit of$2,000,000 (2) Workers compensation insurance as required by law. 14.Permits. Contractor shall obtain all permits necessary for the Project work to be performed. 15.Site maintenance. Contractor agrees to remove all debris and maintain (and have its subcontractors maintain) the City's premises in a clean and safe condition throughout the course of the Project. 16.Independent Contractor. Contractor is an independent contractor and is not an employee of Owner. Contractor shall furnish all equipment, tools, and supplies to accomplish the Stracker Incorporated Commercial Solar Installation Agreement Page3of9 , assigned work, except as agreed to in writing by both Parties. Contractor maintains control over the manner in which the tasks are to be performed and the products made. Owner will withhold no payroll taxes, Social Security, or workers' compensation taxes for the Contractor.These items are solely Contractor's responsibility. 17.Non-Disclosure. "Confidential Information" means any information that derives actual or potential economic value from not being generally known to, and not being readily ascertainable by proper means by, persons who can obtain economic value from its disclosure or use. Without limiting the generality of the foregoing, Confidential • Information includes: any information that has been entrusted to one Party by the other Party or third parties, which the Party knows or should know is confidential. Each Party covenants that during and after the term of this Agreement, neither Party shall not disclose to anyone (except to the extent necessary to perform duties hereunder or as required by law) any confidential information concerning either Parties' business or affairs which may be acquired in the course of or incident to the Project. This covenant shall survive the termination of this Agreement. 18.Termination of Contract. The Agreement will terminate when the Project is complete and paid for, or upon agreement between the parties, with a final financial reconciliation to be completed within thirty (30) days of such termination. 19.Indemnification and Limitation of Liability. Each Party will indemnify and defend the other Party and its directors, officers, employees,agents, representatives, and affiliates and hold them harmless from and against any and all losses, liabilities, damages, claims, suits, actions,judgments, assessments, costs and expenses, including without limitation interest, penalties, attorney fees, any and all expenses incurred in investigating, preparing, or defending against any litigation, commenced or thretened, or any claim whatsoever, and any and all amounts paid in settlement of any claim or litigation asserted against, imposed on, or incurred or suffered by any of them, directly or indirectly, as a result of or arising from the negligent or wrongful acts or omission of the Party, or from any breach of this Agreement by the Party. 20.Arbitration.Any disputes which may arise under this Agreement, and which cannot be resolved by the Parties through good faith negotiation or mediation, will be, in order to ensure rapid and economical resolution, submitted to final and binding arbitration in Medford, Oregon before a single, mutually agreed upon arbitrator. Any arbitration award will be treated as Confidential Information. Stracker Incorporated Commercial Solar Installation Agreement Page 4of9 • 21.Notices. Any notice shall be in writing and delivered in person, mailed, properly addressed • and postage prepaid, to a party at the address first specified above and to the attention of the persons specified below,.or sent via electronic mail. 'Notices are deemed to have been given upon personal delivery or, if mailed, at the expirationof the third (3rd) day after date of deposit in the U.S. mail, or if via electronic mail, at the expiration of the second (2nd) day after the date the electronic mail was sent. Owner: The City of Ashland Oregon 150 North Mountain Ave,Ashland, OR 97520 . Attn:Thomas McBartlett III, Electric Director Email: thonias.mcbartlett aAashland.or.us. • Contractor: - • STracker Incorporated 645 A St, Ashland, OR 97520 • Attn: Jeff Sharpe PE, COO • Email: contactCc�strackersolar.com - 22.Force Majeure. Notwithstanding anything contained in this Agreement to the contrary, neither Party will be deemed liable or to be in default for any delay or failure in performance under this.Agreement deemed to result, directly or indirectly, from acts of ' God, acts of civil or military authority, acts of public enemy, war, or any like cause beyond its reasonable control. • • 23.Governing Law and Venue. This Agreement will be interpreted and enforced according to the laws of the state of Oregon and any proceeding to compel arbitration or to enforce an arbitration award is to be brought against any of the Parties in Jackson County Circuit Court of the State of Oregon and each of the Parties consents to the jurisdiction of such court(and of the appropriate appellate court) in any such action or proceeding and waives any objection to such venue. • 24.Attorney Fees and Costs. In the event that any Party initiates proceedings to compel arbitration or to enforce this Agreement or enjoin its breach,the prevailing Party or Parties will be awarded its or their reasonable attorney fees and costs at arbitration, trial and on any appeal as set by-the trier of fact, including any bankruptcy proceedings. • SIGNATURES: • The individuals signing below hereby represent that they are authorized to enter into this Agreement on behalf of the Party for whom they sign. • OWNER: CONTRACTOR: / / j • • _- . � JeSh r e, COO. . p City of Ash'-nd Oregon Stracker.Incorporated-dba Stracker Solar Stracker Incorporated Commercial Solar Installation Agreement Page 5 of 9 ! ' t l Exhibit-A Preliminary Project Site Layout '1 'City4. h tit ,,ri `�' t P-'11.-..� �' , ,!SP A,'�' 'coli,),.ltYky, !•` t " 'j+s3•.' � "., it pi' ,,,1,. �`' r t� 14 1 ..1- l'''''' • ' z - 40, Fuel ^. s" ft. "Yl ti l,S i'' .4 '1, '7 "'``ti '° ' "' Pumps ° y� ,:» ,[r ?f, y}�1 fic"' e"`- f 4 M`. 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New.Battery I, • 4, rJ---- -* ' , ` • '�e+, ;,' eackupin a } t t t i 1 t�i r` _ ' : 4 •lk�, ” • Locker Rin ! ms t EY n4 ,�� '1 , 1, 1 is,Til nn-, r �r' 1 i, 111 ,18t�1 ! ...!!L'.! !�'1�i. l,,,ri•„rr ��r1•„rl6'.t ” K t ! 7 4r, t t: x 1 ' 4 i uu , n sii,twinw I r 4 »+' 4 r^ •ir' ti ,` " ,• [lir „ ,il,I,li�:ii:},liFi,ijit� „ :„I„uli�l� lill1t �, ,} � il ^—t. r— — it• ' at § • . ik .New7SkW ll'�.3.� Ly'c-.; k"t1�'0. t1,..���It ` 4 ' c i p- "r - r .'` i c.4; Straciter :,•pry ,rq .. �C.1,•';,. . . _`'=-r r, t t I` r� Install � ui�� q'• ° it �iI ' 4" , a Y - 7I t,'•":t .. j4.,� =iSSlt ” 14: jl'ln l ill I * 1. .' i �' �S P`! _� 4. }d m)_� I-,c. 1 . .a: .l .-..' ""”' G4('i`t . I"MI-,r ,,,Y,� 1 h eOC J„,,, ,,, -...�.` -• J .t. I . I.' ,�.�i��1' • r- ti ; — LP:d — ggF ' ' l '' , j .. 'r LII ,o S l O ` '' tf i ig f ,rr , ® 3trT i I_• 4' � _cry,a'' ktat'J. • 'g 1 n x _w t ^' r ,j s' 11 �"i!"--'2 �- 4 -. : ...�� �Caia.'-St 'r ... ami-.1'`k a,�, vtt°r'.�-'w -" ITAsnla6E1'Pol.ce`De•a.tinenl - 1£ � II— 11 r—, l.-, -- r.-.- it __,L___ ,Lniii 1 q ._, 1..............._:._ I a — a Ph' , Strecker Incorporated Commercial Solar Installation Agreement Page 6 of 9 Exhibit- B Project Budget Ashland Service Center(6)S1 B/ENCS/Battery 6.28.2023 1(6)slB--'> 75.6 IcW BiFacial PROJECT COSTS (no mark-up added to any subcontractor proposal) _ _ _ S tracker Solar Project Management labor $ (40,000) CREP Grant Administration costs labor $ (10,000)1 Project Development&Permitting labor $ (10,000) _ (6) Bare Model S1B Strackers materials $ (150,000) Delivery&Assembly I labor $ (10,000) Lot Lighting, EVCS, Misc Imaterials $ (175,000) 10-year Maintenance agreement !labor $ (15,000)1 Dunnigan Engineering Structural Certification &Site Inspection labor I $ (10 000)1 Mayfield Renewables Microgrid Design and Permitting labor $ (15,000) PV Partner 1/W delivered • (168)450W BiF PV Modules or equal materials $ (56,700)I- $0.75 Inverters, PV Wiring, Disconnects, Misc Imaterials $ 70,000 Installation, Incentives, Permitting, Misc I labor _ 1 $ (53,300) Battery Partner 1 I Battery System and adjunctsI materials $ (110,000)1 Design, Permitting, Instalation I labor 1 1 $ (25,000) Electrician Partner AC/DC Wiring, Electrical Adjuncts Imaterials $ _(40,000 Install, Permit, Commission labor ' --- - - _ $ (28,000) ..._._.._ _.- . CCB Partner Foundations, Conduit, Patching materials $ (30,000) L. Sitework&Installations labor $ (20,000) Crane Partner CraneWork labor 1 $ (5,000) Subcontractor Markup $ (46,300)1... 10% Contingency $ (20,700)1 PROJECT TOTAL $ (940,000) System Production Multiplier 2.25 13%self-shade Annual production from (6)BiFacial S1B — - - .- 170,100 kWh- - Strecker Incorporated Commercial Solar Installation Agreement Page 7 of 9 , Exhibit C Warranty Provisions Contractor warrants all electrical, electronic, and structural components of the Model S1 and maintains a healthy local inventory of all components for a rapid response time should problems ever occur. • Steel Structure & Foundation Structural design & construction-30 years • Tracker Actuators -Slew Drives Slew-drive actuator & Motor systems- 10 years • Control System Complete control systems- 10 years • Installation materials & methods STracker installation contractors warranty the installation for a minimum of 2 years • PV System-Specific Warranty Provisions PV system repair &warranties are provided &fulfilled by the partner PV Installer AES • PV modules typically carry a full 25-year manufacturer linear performance warranty • Inverters typically have a 10 to 12 year, often ;extendable to 25-year, manufacturer warranty supplied and fulfilled by the PV Installer No-hassle maintenance plans are available and recommended to assure proper annual lubrication, touch-up painting and energy production documentation. Exhibit D-System Documentation Contractor will deliver the following documentation to Owner upon project completion 1. All required permits, inspections, and final approvals 2. Project structural, electrical and interconnection diagrams 3. STracker Solar Owner's Manual 4. PV System Warranty and Operations Manuals (by PV Installer) 5. STracker, Inverter &Solar Module Model & Serial Numbers 6. Photos and Time-lapse videos of the construction and system operation • • Stracker Incorporated Commercial Solar Installation Agreement Page 8 of 9 m x s a 2023 City of Ashland Service Center Solar/Battery/EVCS Project m .Updated 6.28.2023 • to ES: if plann nanned Start eActual Start Actual Weeks- Duration Duration 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15. 1r@, 17 18 19 Development ./72. Siting,OptionsContract 1 2 . •o Fp •Design,Planning&Bldng Permits 2 3 Cu .. 1 • \.�/ T BACKER C K E R a Crs n Engineering and Procurement 3 4 t , �J SOLAR S r o o Q Inventory,Construction.prep c SubContractorsSchedule&Deposits 4 3 1 . . al Inventory PV&Strecker.systems 4 5 ;.,w 77.77.' "* mLinelocates&schedule inspections :8 1 Installation 0 .8 SiteWork,Foundations,.Conduit 9 2 ;<'~=:x:11 v SIADelivery,Assembly 11 2. <= d -m=. -PVlnstalls&SiteWiring 12 2 Q C) .Install Battery,Switching and EVCS 11 4 k a : 0 8 Payments co -, 30%Deposit 1 1 ro •30%Progress Payment 10 1 j;=<`3 o .`: •30%progress Payment 15 •1 _ 41 v Final 10%Payment 18 1 k 0 E O ct� � l co 0 0 co .. i Addendum to COMMERCIAL SOLAR FABRICATION AND INSTALLATION AGREEMENT (the "Agreement") between S TRACKER INCORPORATED (;`Provider") and THE CITY OF ASHLAND,OREGON("City") To the extent this Addendum and the Terms and Conditions of the Agreement conflict, this Addendum shall control. This Addendum amends the Terms and Conditions of the Agreement as follows: 1. Add the following new Section 8a to the Agreement as follows: I a. Oregon Tax Law. Provider's compliance with tax law: (1) Provider represents and warrants to the City that: Provider shall,throughout the term of this ill.greement,including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 311,7,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. Provider, for a period of no fewer than six (6) calendar years preceding the Agreement Date, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 31717, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider;and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. (2) Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. 2. Add the following new Section l0a to the Agreement as follows: 1 Page 1 of 3: Addendum to Commercial Solar Fabrication And Installation Agreement between STracker Incorporated and City of Ashland 1 I 1 a. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin,age, mental or physical disability,sexual orientation, gender identity or source of income,suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200055, in awarding subcontracts as required by ORS 279A.110. 3. Replace and add the following new Section 17 to the Agreement as follows: • a. "Confidential Information" means any information that derives actual or potential economic value from not being generally known to,and not being readily ascertainable by proper means by,persons who can obtain economic value from its disclosure or use. b. Notwithstanding the above, disclosure of confidential or other intellectual property is subject to Oregon public records law, ORS 192.005 to 192.170. To the extent permitted under Oregon Public Records Law, each party shall hold in confidence and shall not disclose,or use or otherwise exploit for their own benefit or the benefit of any other person or entity,the Confidential Information of the other party, except that: i. Each party may disclose Confidential Information to those of its representatives who need to know the particular information to carry out the purposes of this Agreement, provided that each representative is informed of the obligations of confidentiality under this Agreement. ii. City will without undue delay inform Provider of any request for "Confidential"Information as defined herein, but the City will defer to the Provider to defend Provider's interest against any and all disclosure should a request for any public record which relates or pertains to such "Confidential"Information, c. The City will not interfere with the Provider's defense to prevent disclosure, although it will follow any directive by those public officials legally qualified to direct the City to disclose such public records and in a manner as so directed, The City is not required to expend funds or resources to perform any defense on behalf of or in lieu of Provider to protect against disclosure of"Confidential" Information. 4, Replace and add the following new Section 19 to the Agreement as follows: Indemnification and Limitation of Liability. Except as in accordance with and as limited by ORS 30.260 to 30.300(Oregon Tort Claims Act)and the Oregon Constitution Section XI(9) as applied to the City of Ashland,each Party will indemnify and defend the other Party and its directors, officers,employees, agents,representatives, and affiliates and hold them harmless from and against any and all losses, liabilities, damages, claims, suits,actions,judgments,assessments, costs and expenses, including without limitation Page 2 of 3: Addendum to Commercial.Solar Fabrication And Installation Agreement between STracker Incorporated and City of Ashland 1 ! I interest,penalties,attorney fees, any and all expensesfincurred in investigating,preparing, or defending against any litigation,commenced or threatened, or any claim whatsoever, and any and all amounts paid in settlement of any claire or litigation asserted against, imposed on,or incurred or suffered by any of them, directly or indirectly, as a result of or arising from the negligent or wrongful acts or omissions of the Party,or from any breach of this Agreement by the Party. Add the following new Section 23a to the Agreement as follows: a. The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, ORS 279B.230,and'ORS 279B.235. 5. Except as specifically modified by this Addendum,theiAgreement shall remain in full force and effect. IN WITNESS WHEREOF the parties have caused this Addendum to be signed in their respective names by their duly authorized representative as of the dates et forth below. THE CITY OF ASHLAND, OREGON STRACKER INCORPORATED 9,:tBy: f:(<77efr..4447, By: ter 3�� (must be Officer of the Company) � u P Y) Joseph L essard Printed Name: Jeffery Sharpe Title: City Manager Title: Founder & COO Date: Date: July 7, 2023 Approved as to form: Douglas M McGeary Acting City Attorney Page 3 of 3: Addendum to Commercial Solar Fabrication And Installation Agreement between STracker Incorporated and City of Ashland i it THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • POLICY CHANGES Policy Change Number 002 POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE MP003600200652904 06/27/2023 Mesa Underwriters Specialty Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE SHARPE ENERGY SOLUTIONS, INC. AND STRACKER, I 36002 HULL AND COMPANY, LLC COVERAGE PARTS AFFECTED IN CONSIDERATION OF THE ADDITIONAL PREMIUM CHARGED, IT IS HEREBY UNDERSTOOD AND AGREED THAT THIS POLICY IS AMENDED AS FOLLOWS: INCREASING GENERAL LIABILITY LIMITS TO $2 MILLION/ $2 MILLION/ $2 MILLION ADDING ADDITIONAL INSURED PER FORM CG 2010 (04/13)-ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION ADDITIONAL PREMIUM: $837.00 06/30/2023 aT OIP All other terms and conditions of this policy remain unchanged. Additional SL Tax:$16.74 Additional Stamping fee:$2.51 J / i IL'12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 Copyright, ISO Commercial Risk Services, Inc., 1983 Insured Copy MESA UNDERWRITERS SPECIALTY GENERAL LIABILITY Coverage Part Declarations INSURANCE COMPANY A Stock Company 40 Wantage Avenue,Branchville,NJ 07890 Policy Number: MP 0036002006;52904 Named Insured: SHARPS ENERGY SOLUTIONS, INC. AND STRACKER, INC. DBA: Effective Date: 10/16/2022 LIMITS OF INSURANCE General Aggregate Limit(Other Than Products/Completed Operations $ 2,000,000 Products/Completed Operations Aggregate Limit $ 2,000,000 Personal and Advertising Injury Limit $ 2,000,000 Each Occurrence Limit $ 2,000,000 Damage To Premises Rented to You Limit (Any 1 Premises) 100,000 Medical Expense Limit (Any 1 Person) $ 5,000 Location(s)Of All Premises you Own,Rent or Occupy,Classification&Premium Provided Rate Advanced Premium Code Classification Description Premium Basis Premises/ Products/ Premises/ Products/ No. /Exposure` Operations Comp Ops Operations CompOps Loc.No. Street Address Street Address City State Zip o01) 645 A ST ASHLAND OR 97520 52435 Electrical Generating Machinery Mfg s 500,000 1.3800 9.9500 $691 $4,975 91585 Contractors - subcontractors - buildings c 350,000 5.4500 6.1000 $1,906 $2,134 J 41620 Construction or Project Managers (Other thane 600,000 5.4000 Included $3,240 Included NY) ❑Abuse and Molestation Limited Coverage ® Increased Limits 2,589 ❑Assault and Battery Limited Coverage ❑Hired Automobile p Additional Insured(s) 50 0 Non-Owner Automobile ❑Employee Benefit Liability Coverage 0 Stop Gap ❑Liability Enhancement Coverage 0 Swimming Pool Pop-up Coverage ©Waiver of Subrogation Coverage 50 ❑ Primary&Non Contributory Coverage ❑ Lost Key Coverage 0 Timber Overcut Coverage ❑ Limited Pollution Coverage ❑ Limited Pollution Lawn Care Coverage ❑ Earth Movement Coverage 0 Ohio Pesticides Coverage ❑ Misc Professional Liability Coverage 0 Alarm Systems Cont E&O Coverage ❑Swimming Pools-Dwelling Coverage 0 Contractors Liability Bundle ❑ Other: *premium Basis Types:a-Area (per 1,000 Square feet of area) c-Cost(per$1,000 Total Cost) m-Admissions (per 1,000 Admissions) p-Payroll(per$1,000 of Payroll) s-Sales(per$1,000 Gross Sales) t—Total(per each) u-Units(per Unit) Total Annual Premium:1$ 151635 Forms/Endorsements Applicable See Schedule of Forms and Endorsements MUS 01 01 20001 0417 'Insured copy Page 1 of 1 } 1 1 MESA UNDERWRITERS SPECIALTY GENERAL LIABILITY Coverage Part Declarations INSURANCE COMPANY A stack Company 40 Wantage Avenue,Branchville;NJ 07890 This Coverage Part consists of this Declarations Form,the Common Policy Conditions,the Commercial General Liability Conditions,the Coverage Form(s),and the Coverage Endorsement(s)indicated as applicable. • MUS 01 01 20001 0417 Insured Copy Page 2 of 2 POLICY NUMBER: MP003600200652904 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organizatibn(s): City of Ashland, Public Works, 20 East Main Per written contract. • Street, Ashland, OR 97520 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions;or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurances afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. � I CG 20 10 0413 ©Insurance Services Office, Inca 2012 Page 1 of 2 Insured Copy 1 •• C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: • whichever is less. if coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the amount of insurance; 1. Required by the contract or agreement;or • CG 20 10 0413 ©Insurance Services Office, Inc., 2012 Page 2 of 2 Insured Copy , v® Council Business Meeting June 20,2023 - Approval of Special Procurement for Photovoltaic Solar Installation at the City's Agcndai€em Incorporation Yard (90 N. Mountain) by Stracker Solar Inc. Scott Fleury PE Public Works Director F.f'gt>n _ _ Thomas McBartlett III Electric Utility Director Scott.fleury@ashiand.or.us thomas.mcbartiett@ashland.or.us ;[tem e I Requested by Council 0 Update 0 Request for Direction l Presentation 0 SUMMARY • Before the Council is a request to approve a special procurement (Direct.Award Contract)with Stracker Solar Inc.for installation of Photovoltaic (PV) Solar equipment at the City's Incorporation Yard,located at 90 North Mountain Avenue.This is the second phase associated with the previously authorized Memorandum of Understanding (MOU).The MOU established a partnership between the City and Stracker solar to develop a grant application and associated documentation for the Oregon Department of Energy's (ODOE) Community Renewable Energy Grant Program (CREP) grant.Per the MOU if awarded a grant upon application the City was to contract with Stracker Solar'Inc.for the construction phase. POLICIES,PLANS&GOALS SUPPORTED VISION STATEMENTS for Success: • Ashland is a resilient,sustainable community that maintains the distinctive quality of place for which it is known • We will continue to be a unique and caring city that stresses environmental conservation,fosters artistic expression,and is open to new ideas and innovation • We will plan and direct our efforts to fulfill this Vision for the long term with a constant view toward being an open,welcoming community for all with a positive economic future Community: • Environmental resilience, including addressing climate change and ecosystem conservation Organization: • Quality infrastructure and facilities through timely maintenance and community investment CEAP Goals:Buildings+Energy • BE-1-2 Encouraging on-site and community solar energy production • BE-1-3.Facilitate and encourage solar energy production. • BE-1-4.Enhance production of on-site solar energy from City facilities. • BE-3-1 Installing solar at City facilities PREVIOUS COUNCIL ACTION The Council previously authorized entering into a Memorandum of'Understanding with Stracker Solar for development of an Oregon Department of Energy(ODOE) Community Renewable Energy(CREP) Grant. Council Business Meeting Staff Report:Staff Report-May 17,2022 Page 1 of 2 11 Cas &Ater%yr1hc • r • l a Council Business Meeting Council Business Meeting Minutes: Minutes May 17,2022 BACKGROUND AND ADDITIONAL INFORMATION A Special Procurement is used for the purpose of seeking an exemption from the formal competitive bid process required under Ashland Municipal Code 2.50.090 (G) (AMC,),when a good or service price exceeds $100,000.The special procurement process defines a custom contracting or alternative contracting approach and can be approved by the City Council per the AMC.The Special Procurement Approval Request Form (written findings),is attached for Council consideration and review: Strackers are highly efficient,reliable and robust solar power systems.By following the exact location of the sun all day,every day,these dual-axis solar trackers produce 50-70%more electricity than traditional rooftop or fixed ground-mounted solutions with the same number and type of panels.In addition,Strackers allow full use of the ground below,since the powerful PV array is elevated atop a 20-foot steel pole.This unique feature makes them optimally suited for parking lots.The construction phase of the project is meant to install 75 kW Stracker PV systems in the City's incorporation yard located at 90 North Mountain within the parking lot area. The system will also include electric vehicle charging stations and battery backup. FISCAL IMPACTS The fiscal impact associated with approval of the special procurement and work leading to this point,are all associated with the staff time across multiple departments necessary to bring previous and current actions before Council.There will be additional staff time necessary to coordinate with Stracker Solar for the construction and start up phases moving forward.The construction phase is supported by the ODOE CREP Grant received by the City of Ashland.The total not to exceed grant amount from ODOE is$940,000 and will support the installation and connection of 6 Stracker Systems (75kW,electric vehicle charging stations and battery backup. STAFF RECOMMENDATION Staff recommends Council approve the special procurement. ACTIONS,OPTIONS&POTENTIAL MOTIONS I Move to approve a special procurement"direct award"with Stracker Solar for installation of Stracker PV systems at the City's incorporation yard,located at 90 North Mountain Avenue per the Oregon Department of Energy approved grant application. REFERENCES&ATTACHMENTS Attachment#1:Form 9-Special Procurement (MOU,Grant Award,MOU Staff Report-included) Attachment#2:Site Layout Schematic Page2of2 • b rag �gllc2�a�tlhe-�