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HomeMy WebLinkAboutNV5 Consultants Inc; 2026-06-23; PSA26-4090FACPSA26-4090FAC City Attorney Approved Version 4/16/2026 Page 1 AGREEMENT FOR SOLAR FEASIBILITY STUDY SERVICES NV5 CONSULTANTS, INC. THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of _________________________, 2026, by and between the City of Carlsbad, California, a municipal corporation (“City”) and NV5 Consultants, Inc., a Minnesota corporation (“Contractor”). RECITALS A.City requires the professional services of a consultant that is experienced in engineering consulting services. B.Contractor has the necessary experience in providing professional services and advice related to engineering consulting services. C.Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained in this Agreement, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (“Services”) that are defined in attached Exhibit A, B and C, which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective from the date first above written to June 10, 2027. The City Manager or designee may amend the Agreement to extend it for two (2) additional one 4.TIME IS OF THE ESSENCE 5 COMPENSATION Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 23rd June PSA26-4090FAC City Attorney Approved Version 4/16/2026 Page 2 compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit “A.” Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.” 6. PUBLIC WORKS 6.1 Prevailing Wage Rates. Any construction, alteration, demolition, installation, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under California Labor Code section 1720 et seq. and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by Contractor in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 6.2 DIR Registration. California Labor Code section 1725.5 requires Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section 1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number. 7. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the City’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the City Engineer approves otherwise, Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. Contractor is Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 PSA26-4090FAC City Attorney Approved Version 4/16/2026 Page 3 responsible for obtaining Contractor’s own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to Contractor for use of Procore. It is recommended that Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, requests for information, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve Contractor of any other requirements as may be specified in this Agreement. 8. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 9. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 PSA26-4090FAC City Attorney Approved Version 4/16/2026 Page 4 10. OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Services. 11. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described in this Agreement caused by any willful misconduct or negligent act or omission of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under City’s self-administered workers’ compensation program is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 12. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than “A-:VII”; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 12.1 Coverage and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to City as an additional insured. Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 PSA26-4090FAC City Attorney Approved Version 4/16/2026 Page 5 12.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 12.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 12.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 12.2.1 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 12.2.3 If Contractor maintains higher limits than the minimums shown above, City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to City. 12.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 PSA26-4090FAC City Attorney Approved Version 4/16/2026 Page 6 12.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 13. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 14. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 15. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 16. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 17. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City For Contractor Name Brian Bacardi Name Mike Borger Title Public Works Superintendent Title Principal-In-Charge Department Fleet & Facility Address 101 Lucas Valley Road Ste. 302 City of Carlsbad San Rafael, CA 94903 Address 405 Oak Ave. Phone No. 415-663-9914 Carlsbad, CA 92008 Email mike.borger@NV5.com Phone No. 442-339-2943 Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 PSA26-4090FAC City Attorney Approved Version 4/16/2026 Page 7 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 18. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 20. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced- clean-fleets. 21. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 PSA26-4090FAC City Attorney Approved Version 4/16/2026 Page 8 22. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 23. TERMINATION In the event of Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 24. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 PSA26-4090FAC City Attorney Approved Version 4/16/2026 Page 9 25. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code Sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 26. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 27. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 28. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 29. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 PSA26-4090FAC City Attorney Approved Version 4/16/2026 Page 10 30. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. 31. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [signatures on following page] Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 PSA26-4090FAC City Attorney Approved Version 4/16/2026 Page 11 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California NV5 CONSULTANTS, INC., a Minnesota corporation By: By: (sign here) Sheila Cobian, Assistant City Manager, as authorized by the City Manager Randy Lorenz, President (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Cia Baze, Vice President & Assistant Secretary Deputy / Assistant City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: _____________________________ Assistant City Attorney Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 PSA26-4090FAC City Attorney Approved Version 4/16/2026 Page 12 EXHIBIT A SCOPE OF SERVICES AND FEE Project Overview: Contractor to provide all labor and resources required to perform a comprehensive solar feasibility study which will identify the essential planning, technical feasibility, and related services in connection with the potential development of a solar PV installation at six city facilities. Contractor shall provide an in-depth analysis of the technical feasibility of solar PV with, or without, battery energy storage systems (BESS) at each location, a risk assessment, and cost- benefit analysis. The following six city facilities shall be included in the study: Scope of Services: The scope of services shall be consistent with the contractor’s proposal dated March 11, 2026, and is attached to this agreement as “Exhibit B”. Fees: All costs associated with the project shall be consistent with the contractors Fee Proposal dated March 11, 2026, and is attached to this agreement as “Exhibit C”. Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 I Approx. Load Facility Location Site Acreage Building SF (kWh/year) Carlsbad City Library on Dove Lane ins Dove Lane 5.9 73,537 890,948 Faraday Administration Center 1635 Faraday Ave. 7.2 68,000 689,921 calavera Hills Community Center 2997 Glasgow Dr. 16.3 19,471 49,395 Stagecoach Community Center 3420 camino De Las Coch es 25.6 18,208 133,258 carlsbad Senior Center 799 Pine Ave. 3.3 31,895 217,463 Alga Norte Community Park 6565 Alicante Rd. 32.1 16,624 364,691 PSA26-4090FAC Exhibit "B" Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 OUR PROJECT TEAM & AVAILABILITY We've put forward an experienced team with the right qualifications to conduct the City's feasibility study. The organizational chart pictured below illustrates our project team members' roles and responsibilities, and full resumes demonstrating individual qualifications of the professionals identified for this project are provided in Appendix A. Mike Borger will serve as Principal-in-Charge, providing executive oversight and drawing on his extensive experience delivering solar, battery storage, and microgrid projects throughout California. Mike is a professional civil engineer. Gabriel Emunah will serve as Project Manager and will serve as the day-to-day contact for the City. He brings significant experience supporting public agencies with renewable energy planning and implementation. Gabriel is a professional electrical engineer. As a large firm, we have a deep bench of experienced and qualified professionals, and we have a formal process for tracking utilization rates for staffing purposes. We have assigned the staff members shown on the organizational chart based both on their extensive relevant experience on local projects like San Diego USD and also their availability to begin work immediately upon notification of award. ORGANIZATIONAL CHART SOLAR & RESILIENCY FEASIBILITY TEAM •: ~ ZOE RESPONDEK Feasibility lead NVS A RYAN SATTERLEE ~I Data l ead ~ NVS Pl ANDREW MEYER Data Analyst NVS SOLAR & RESILIENCY ENGINEER ING TEAM y;;-,., DAVID SEILER ''!• ' Engineering lead -... NVS " CHARLIE JOY, PE Electrical Engineer NVS JI-~ SCOTT MOORE, C10 ~ Site Evaluation lead , • NVS ENERGY EFFICIENCY & ELECTRIFICATION TEAM ~ I HALDEN OXENBOL, PE, CEM , Energy Efficiency SME ..,._ NVS -HASSAN QANDIL, PE, CEM •W Energy Efficiency SME •..._ NVS 11 ARTHUR TSENG, PE EV Charging Analyst NVS NV5 Response to City of Carlsbad I Solar Feas1b1l1ty Study I RFQ26-4028FAC NV5.COM I 9 PSA26-4090FAC Exhibit "B" (cont.) Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 From our review of the City's well-structured and clear RFP, NV5 understands the City's goals. Leveraging our depth of experience, information from the City, and industry knowledge, NV5 will efficiently and expertly complete the solar PV and BESS assessment at the 6 facilities, summarized in an investment grade feasibility study (IGFS). Our study will include a technical analysis and risk assessment; consider regulatory and technical impacts; detail energy usage and include an economic analysis; and characterize environmental impact and benefits. PROJECT MANAGEMENT Our leadership team includes a project manager (PM) and a principal-in-charge (PIC). The PM serves as the tactical planner for the City, monitoring all practical aspects of the work: scope, schedule, budget. deliverables, staffing, communications, and progress monitoring. The principal-in-charge provides technical expertise, monitors project progress and technical quality, reviews project plans and deliverables, initiates corrective measures, and serves as an alternate client contact. As indicated on our organizational chart, Gabriel "Gavi" Emunah will serve as the project manager and Mike Borger will be the principal-in-charge. Kick-off meeting In preparation for the kickoff meeting, Gavi will prepare a project plan that outlines roles and responsibilities and project schedule for the efficient execution of the work. This project plan will be reviewed with the City staff for alignment of goals and schedule and assignment of tasks. This high-level discussion gives the opportunity to identify challenges the proposed plan may have and how they can be mitigated before they are a problem. Additionally, we will work with the City to identify other essential stakeholders so they can be involved in the work. We assume that we will need to consult with the following stakeholders for this project: facility maintenance staff, city financial leads, CIP managers, City sustainability staff. Gavi will also verify the project paperwork and procedures during this meeting. Alignment of paperwork will include confirmation of a fully executed contract document, current W9, insurance, and local business license information. Invoicing procedures and contacts will also be verified. Finally, a recurring meeting will be scheduled to allow the key stakeholders to attend and keep the project on schedule and the City informed of NV5's progress as we conduct the work. Once the project team is aligned on roles and responsibilities as they relate to the agreed scope and schedule, NV5 will commence with data collection. DATA COLLECTION Data collection includes gathering site-specific information from the City as well as NV5's ongoing research into the market and regulatory environment these projects are developed in. The following characterizes most of the data collection NV5 will conduct, but we will be aligned with City from input during the kick-off meeting. NV5 has assumed record drawings will be available. However, we understand that there is likely to be some missing data and there are several elements that are better verified on-site, so NV5 has included a full day site walk of the 6 facilit ies to verify key information in the record drawings and capture missing data through visual inspections. Once the data collection is complete. the team will use this information to provide a technical analysis of the sites: Site specific Regulatory • Utility usage-electrical and gas, sample bills, interval data • City, state, federal, utility regulations & requirements • As-built drawings -structural review, electrification of gas equipment, electrical gear capacity, POCC • Roof assessment -roof type, age, useful life, condition • Geotechnical reports -high GW risk, liquefaction risk • Site visits -General perspective, fill gaps other studies Market wide • Incentive opportunities • Technologies and pricing trends • Value of RECS • Staff interviews Environ mental • Topography -City 2ft contour data, as built surveys • City CAP NV5 Response to City of Carlsbad I Solar Feas1b1l1ty Study I RFQ26-4028FAC NV5.COM I 10 PSA26-4090FAC Exhibit "B" (cont.) Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 TECHNICAL ANALYSIS, RISK ASSESSMENT, & REGULATORY CONSIDERATIONS Site Constraints To support the conceptual solar and BESS design for each site, NV5 will conduct a detailed pre-design investigation of the physical site constraints. This review will include any information the City makes available (as-built drawings, survey, geotech, GIS, etc) and will be informed by our visual inspection visit to each site. The following is a summary of what will be reviewed and at what level of depth: • Structural: Building structural capacity will be reviewed based on as-built drawings and visual inspection if roof structures are visible to verify the load capacity (PSF and total weight) of each building by an engineer specializing in ballasted and unballasted racking structures. Roof: The building roof condition assessment provided by the City will be reviewed. Roof age and weight may influence the ideal approach to the system sizing and design and can influence the project cashflow. • Topography: For ground mount systems, we will evaluate the 2ft GIS contours provided by the City and how it influences ground mount feasibility. • Site Control: If site surveys from previous projects are available, we will evaluate these surveys for existing easements. Additionally, we will look at the location of the property line from the survey or GIS since it will inform setbacks for ground mount solar and BESS. Utlllty Conflicts: NV5 will document existing utility conflicts during our site visit and supported by the city GIS data and as built drawings if available. • Soils Conditions Review: If available, NV5 will review Geotechnical reports from previous projects to draw initial assumptions about the foundation design for a ground mount system. Electrical: NV5 will review the existing electrical service based on site visit and as-built drawings if they are available to understand what can fit on the existing electrical gear, what would require an upgrade, and how the system will interconnect. Additionally, we will evaluate existing generation in the form of solar or cogen and their interconnection agreements with SDG&E so we understand how this may influence the new equipment design. • Zoning and Land Use: NV5 will review the local land use and zoning restrictions for solar and BESS locations. This can include height restrictions, setbacks, and historic building restrictions. If the City could coordinate this discussion with the planning department, it would be appreciated. Load Analysis Once the physical site constraints are understood, NV5 will characterize the future load profile based on historic energy use and planned changes to the site. Though the addendum said hourly or sub hourly data is not available, NV5 is confident we can quickly obtain this data from SDG&E. NV5 will use this data as the baseline and adjust it based on forecast changes in energy usage, such as EV charging, building electrification goals of the CAP, facility expansion, and energy efficiency opportunities to develop a projected energy profile. Future EV load: NV5 will consider each site's EV charging needs based on discussion with the City and the site-specific stakeholders. In most cases, EV charging is usually done on its own meter since SDG&E offers a preferred rate for EV charging. If EV charging is going to be included on the existing service, then NV5 will provide load estimates for the public EV charging. Fleet electrification or new EV charging electrical service will not be considered. Future Electrification Load: Energy usage due to building electrification can be characterized by looking at the existing natural gas-powered equipment, assuming a typical replacement equipment type, and system efficiency factor to translate monthly gas use into electricity use. Since this approach does not give us interval data, we will use our engineering judgment and load profiles from other full electric facilities to convert this monthly energy use into interval data. Energy Efficiency: Energy use reduction from potential energy efficiency improvements will be characterized by considering the equipment to be replaced or retrofitted, the level of energy savings typically seen, and our engineering judgment. These savings will be applied to the interval use data based on engineering judgment as well. NV5 Response to City of Carlsbad I Solar Feas1b1l1ty Study I RFQ26-4028FAC NV5.COM I 11 PSA26-4090FAC Exhibit "B" (cont.) Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 Building Expansion: Energy usage from facility expansion will be assumed to be at the equivalent EUI (energy use intensity) as the existing building after electrification and EE improvements have been made. By utilizing the above steps, we will develop a projected energy profile for each building for use in the system sizing, production modeling, and optimization of the conceptual design. Conceptual Designs NV5 will provide conceptual designs to improve general project understanding, stakeholder engagement, and have a concise and clear characterization of the proposed projects. This work begins with Helioscope models, is optimized using Energy Toolbase, and then memorialized in a CAD layout and single line diagram (SLD). • Solar PV Model: NV5 will develop a conceptual 3D system model using industry leading software Helioscope based on roof slope, orientation, and building and vegetation shading to provide a system layout and interval generation data for use in later analysis. • System Optimization: The modeled PV system will be loaded into industry leading savings analysis software Energy Toolbase which utilizes site specific electric tariffs. designed system production, and proposed BESS system sizes. Energy Toolbase allows NV5 to quickly run t hrough multiple Solar PV and BESS system size scenarios to optimize savings. Conceptual Layout: For all sites, NV5 will develop conceptual site plans and single line drawings of the optimized solar and BESS systems based on all previous site constraints, code requirements, and industry standard practices. These layouts will be the basis of our cost estimating but also can be used by the city in a future RFP to provide a clear scope for designers or design build contractors. With these completed conceptual designs, load profiles, and production models NV5 can now provide a clear economic analysis of the proposed projects. ECONOMIC ANALYSIS With a conceptual system design, production model, and future energy use profile for each site developed, we can now estimate Capex, Opex, incentive benefits, and utility bills savings for each proposed project. • Capex and Opex: NV5 regularly conducts RFPs on behalf of our customers for Solar & BESS projects. We have pricing from hundreds of public sector procurements over the last decade. We have analyzed shifts in market pricing from tariffs, incentive changes, supply constraints, and interconnection bottlenecks. We will use pricing from this experience, the federal DOE project pricing database, and site-specific conditions to estimate project pricing for the proposed projects. Incentive Benefits: NV5 tracks and includes federal incentives in our financial analysis and cashftows. Additionally, we track and will include key milestones which impact the risk of various financial incentives. Financing Options: Solar PV and BESS systems can be procured through different contract vehicles, which impact cashflows and incentives available. NV5 will model various ownership models including Power Purchase Agreements (PPAs), cash purchase, long term financing, and/or energy-as-a-service procurement mechanisms. We will highlight relevant risks and key considerations to help the City objectively evaluate which model is the right fit for your needs. Utlllty BIii Savings: NV5 will utilize the forecast energy profile, PV system generation, and BESS load shifting to develop on bill energy savings over the useful life of the system. • Cash Flow Analysis: The result of combining the above costs, incentives, and savings under various ownership model will be project cashflows, which can be used for the City to consider various financial performance metrics, such as year 1 savings, IRR, ROI, LCOE, and lifetime savings over the useful life of the system, so these investments can be compared to other investments available to the City. With a well characterized system financial performance, the City will be able to make an informed procurement strategy decision, set budgets, and communicate clearly to Council. Next, we will characterize the environmental benefits from the solar array so the public can better understand the environmental impacts of the proposed projects. NV5 Response to City of Carlsbad I Solar Feas1b1l1ty Study I RFQ26-4028FAC NV5.COM [ 12 PSA26-4090FAC Exhibit "B" (cont.) Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 ENVIRONMENTAL IMPACT AND BENEFITS Carbon Reduction With the installation of the solar PV and BESS systems, the City will be able to generate energy with a lower carbon footprint as identified in the City's Climate Action Plan (CAP). Using the developed energy use profiles and the proposed solar arrays, we will estimate the greenhouse gas (GHG) generation from the buildings' operation. Our calculations will use: • SDG&E's grid emission factors (lbs CO2/kWh) • Projected into the future based on California legislation climate goals • California Air Resources Board (GARB) methodologies • 25-year lifecycle analysis accounting for panel degradation • Contextual comparisons can be provided, such as vehicle miles, acres of forest planted, gallons of gasoline, etc. Sustainability Goals NV5 will work with the City's sustainability staff to identify which elements of the CAP benefit from the solar PV and BESS projects and characterize their impacts. • Renewable energy targets • Educational outreach • GHG reduction • Green job creation • Electrification • California's SB 100 (100% clean energy by 2045) • Decarbonization • San Diego Regional Climate Action Planning Framework • Heat island reduction These projects allow the City to turn CAP goals into real cost-effective projects. Progress toward these goals will show the City's commitment towards achieving the goals laid out in the CAP and quantify what we can achieve. INVESTMENT GRADE FEASIBILITY STUDY (IFGS) PRESENTATION All of the work NV5 completes will be summarized in an Investment Grade Feasibility Study presentation to City leadership. This IGFS presentation will contain discussion of regulations and market conditions, assumptions and risks, summarize environmental benefits, and outline the site-specific findings and recommended next steps. Further, the presentation will provide context for leadership so they can confidently and efficiency move forward with the project in a financially responsible way. SCHEDULE With timely delivery of requested data, we anticipate the project will be completed in 5 months as outlined in the following table. This does rely on timely communication and reviews from the City. Task Start Date End Date Deliverables Data Collection May2026 June 2026 None Technical Analysis, Risk Assessment, & June 2026 August 2026 Conceptual Drawings Regulatory Considerations Economic Analysis Sept. 2026 Sept. 2026 Project Cashflows Environmental Impact and Benefits Sept. 2026 Sept. 2026 GHG Analysis Final Deliverables Sept. 2026 Sept. 2026 Final Study & Stakeholder Presentation NV5 Response to City of Carlsbad I Solar Feas1b1l1ty Study I RFQ26-4028FAC NV5.COM I 13 PSA26-4090FAC Exhibit "B" (cont.) Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 4 . PROJECT APPROACH, SCHEDULE, & ASSUMPTIONS NV5 ADDITIONAL SERVICES Depending on the City's approach, NV5 offers additional complementary services. Conducting additional due diligence allows the City to provide a complete and thorough package to contractors, which will reduce their assumptions and exclusions and improve comparison between contractors, allowing the City to secure the best value projects. • Survey: NV5 can provide site survey to verify there are no easement conflicts, underground utility conflicts, the location of the property line, and that the topography is conducive to t he solar project. Geotech: NV5 can provide Geotechnical borings and analysis to provide essential soil characteristics to bidders, such as vertical bearing, lateral bearing, and skin friction as well identify risks such as high ground water and liquefaction risk. Utility Coordination: Filing interconnection applications with the utility to identify upgrade requirements will allow the City to more thoroughly characterize all projects costs before contracting. • Specifications: NV5 can provide technical specifications to be included in the RFP to ensure all the bidders are providing the same high-quality equipment. In addition to additional due diligence, NV5 provides the following services to support solar PV and BESS projects. Full Design Services: NV5 can act as engineer of record for electrical and structural services and provide complete design services for bidding by contractors. Procurement Support: NV5 regularly supports public clients by developing RFP documents (bid sheets, scoring criteria, etc.) for supporting procurement efforts. This is especially helpful when trying to compare multiple ownership models (PPA, Cash, Lease). Additionally, we can assist with contracting to ensure key provisions (guarantees, warranties, maintenance agreements, environmental attributes, cancellation options) are properly negotiated. Implementation Support: NV5 supports clients through the construction process by providing design review, schedule and milestone management, commissioning oversig)lt, and punch list development and close-out to ensure the projects are on schedule and meeting their contract requirements. This can be particularly important in tlhe attainment of incentives that have very strict requirements. • Asset Management: Once completed, NV5 can continue to support solar and BESS systems with asset management services to ensure the systems meet their guarantees, get moved to the correct utility tariffs, environmental attributes are managed, and appropriate EIA forms are filed. Whatever approach the City decides to pursue, NV5 will be here to provide ongoing support for City staff and ensure projects are successful every step of the way. ASSUMPTIONS 1. Notice to Proceed (NTP): The proposed schedule assumes an NTP by May 1, 2026. Proposal is valid for 90 days. 2. Schedule: Any substantial delays of the scheduled timeline ( due to utility delays, Contractor delays, client requests, etc.) could impact the budget and schedule, requiring adjustments. 3. Electronic Deliverables: All deliverables will be provided in electronic format. 4. Site Visits: Travel to CLIENT sites as stated in Tasks. Project travel assumes one NV5 representative per site visit unless otherwise indicated. CLIENT will provide necessary staff support for site visits and access to proposed solar areas, rooftop, building structural, and electrical gear as needed. 5. Data Availability: Site information/data will be made available as needed. CLIENT will provide timely responsiveness to questions, reviews, and data requests. City will provide as-built structural, electrical, generator, and solar drawings. City will provide at least 1 year of interval data and sample bills for each site from SDG&E. City will provide roof age, material, useful life, and replacement schedule. City will provide square footage of all buildings. City will characterize EV charging goals for each site. 6. Meetings: Other than the site inspection, all meetings will be virtual. 7. Feasibility Exclusions: Feasibility will not include new or invasive site investigations (e.g., geotechnical studies,. shutdown/ inspection of electrical services, roof core samples, etc.). 8. Exclusion of EVSE. Generator, and/or Microgrid Systems: Proposal does not include carbon or linear generator analysis, hybrid microgrid systems, or electric vehicle charging or fleet analysis. If any of this is of interest to the City, we are certainly capable of performing this scope and will provide additional budget estimates for that analysis. 9. Exclusion of Grant and Incentive Support: NV5's incentive support will be limited to identifying incentives, reviewing NV5 Response to City of Carlsbad I Solar Feas1b1l1ty Study I RFQ26-4028FAC NV5.COM I 14 PSA26-4090FAC Exhibit "B" (cont.) Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 4., 5. & 6. ASSUMPTIONS, SCHEDULE, & HOURS NV5 applicability, and estimating their benefit in the cashflow model. But will not include applications or ongoing management and compliance of such incentives. For additional budget, NV5 can provide these services if requested. I 0. Utility Interconnection: If the project proceeds past this feasibility stage, NV5 will work with the City to identify a strategy for interconnection. Typically, the contractor is responsible for this step and NV5 will provide oversight and QA services. NV5 scope will only cover technical feasibility. HOURS The following Table summarizes the estimated hours for each team member and their primary role in the project. These hours are meant as an estimate and are the basis of our cost proposal but may be conducted differently during the execution of the work. Staff Principal in Charge Project Manager Feasibility Lead Data Analyst Lead Data Analyst Design Team Lead Design Engineer (PE) Site Evaluation Lead Energy Efficiency Engineer EV Charging Analyst Structural Lead Structural Engineer TOTAL 12 65 5 10 40 5 52 5 20 5 6 52 Primary Role QA/QC, SME Project management Feasibility oversight Data analysis oversight Data analysis Design oversight Solar BESS design Site evaluation oversight EE and electrification analysis EV charging strategy Structural oversight Structural analysis The proposed teams' utilization hovers around 70-90% depending on the week. This leaves approximately 8 hours per week for each staff member to support this project. With a 22-week duration, this is 3-4 hrs per week on average for the Project Manager based on the hours outlined in hours section. Some staff's work will happen over a shorter duration, but supporting this project is well within the team's workload capacity. Additionally, for every person on this team, there is someone else at NV5 who is comparably skilled. If for some reason a staff member must go on leave, NV5 will have no trouble completing the project on the proposed schedule and budget. HOURLY RATE SCHEDULE & FEE PROPOSAL As requested on page 3 of the RFP, we have provided Attachment D Hourly Rate Schedule and our fee proposal in a separate document. NV5 Response to City of Carlsbad I Solar Feas1b1l1ty Study I RFQ26-4028FAC NV5.COM I 15 PSA26-4090FAC Exhibit "C" Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 ATTACHMENT D -RATE SCHEDULE FEE PROPOSAL City Facility Location: 6 City-identified Facilities Prices valid through Term of Agreement NV5 STAFF NAME 1. Mike Borger 2. Gabriel Emunah 3. Zoe Respondek 4. Ryan Satterlee 5. Andrew Meyer 6. Arthur Tseng 7. David Seiler 8. Charlie Joy 9. Scott Moore 10. Halden Oxenbol 11. Hassan Qandil SUBCQNSULTANT (AHZ (:;Qnsul!ing Engineers)* NAME/FIRM 1. Arash Zandieh / AHZ Consulting Engineers, Inc 2. Ali Hajihashemi / AHZ Consulting Engineers, Inc 3. Mahdi lmani / AHZ Consulting Engineers, Inc 4. Peyman Kiafar / AHZ Consulting Engineers, Inc NV5 TITLE HOURLY RATE Principal-in-Charge $325 Project Manager $250 Feasibility Lead $285 Data Lead $275 Data Analyst $235 EV Charging Analyst $250 Engineering Lead $285 Electrical Engineer $280 Site Evaluation Lead $285 Energy Efficiency $235 SME Energy Efficiency $250 SME TITLE HOURLY RATE Structural Lead $230 Structural Engineer $230 Civil Lead $173 Structural Engineer $173 Please note that rates are subject to change with each new calendar year. Our escalation rate is three percent. * Includes NV5's marl<up for subconsultant. NV5 Response to City of Carlsbad I Solar Feas1b1l1ty Study I RFQ26-4028FAC NV5.COM I 1 PSA26-4090FAC Exhibit "C" (cont.) Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 ATTACHMENT D -RATE SCHEDULE FEE PROPOSAL City Facility Location: 6 City-identified Facilities Prices valid through Term of Agreement EXPENSES DESCRIPTION 1. Mileage 2. Per diem 3. Rental Car 4. Hotel 5. Flight, roundtrip NVS COST % MARKUP $.725 / mile 0% $90/day 0% $75/day 0% $200/night 0% $300/flight 0% NV5 Response to City of Carlsbad I Solar Feas1b1l1ty Study I RFQ26-4028FAC NV5.COM I 2 PSA26-4090FAC Exhibit "C" (cont.) Docusign Envelope ID: 94AF5E4B-4A8C-8AD8-83CE-F08A54197BB6 NV5 offers the following T&M NTE total price in the table below broken into NV5 staff labor, subcontractor labor, and reimbursables. This budget is based on the proposed approach, and NV5 is always willing to discuss scope, schedule, and budget changes to ensure the City is getting a great value. Task Solar Feasibility Study (NV5 Staff) Structural Subcontractor Reimbursables TOTAL Total $57,185 $10,350 $903 $68,438 NV5 Response to City of Carlsbad I Solar Feas1b1l1ty Study I RFQ26-4028FAC NV5.COM I 3 Docusign Envelope ID: 94AF5E48-4A8C-8AD8-83CE-F08A54197886 ~ ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 7/1/2026 4/21/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. 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