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Independent Energy Solutions Inc; 2015-07-23; PWDB15-96FAC
Ccity of Carlsbad SAFETY TRAINING CENTER SOLAR PV DESIGN BUILD TEAM Request for Technical and Pricing Proposals MANDATORY CONFERENCE: January 30, 2015 at 11:00AM LOCATION FOR CONFERENCE: 5750 Orion Way, Carlsbad CA, 92008 RFP SUBMITTAL DATE/LOCATION: February is, 2015 Contract Administration Kevin Davis City of Carlsbad Office 1635 Faraday Avenue Carlsbad, CA 92008 fc5 TABLE OF CONTENTS I. GENERAL 5 A. Project Description 5 B. Scope Of Work 5 0. Project Objectives 6 D. Selection Process - Design Build Delivery 6 1. Evaluation Score Sheet 7 2. Financial Score Sheet 7 3. Summary of Selection Criteria Scores 7 4. Availability of the Technical and Pricing Proposal 7 5. Mandatory Conference 8 6. Submittal Procedures 8 7. Rating and Evaluation Procedures 8 E. Design Build Process 9 F. Proposal Preparation, Submittal Evaluation and Contract Award Process 9 G. Project Schedule 9 IL DB TEAM INFORMATION 1 A. Entity Submitting this Proposal: Company Name and Address 1 B. Contact Information C. Entity Submitting this Questionnaire 1 D. Type of Business Organization 1 E. Licenses ^2 1. Design Build Contractor 12 2. Key Subcontractor A: Solar PV Supplier 12 3. Key Subcontractor B: Solar PV Installer 13 4. Design Firms (Architects and Engineers) 13 r F. Qualification Questionnaire 15 III. RELEVANT EXPERIENCE OF THE DESIGN BUILD TEAM 17 A. Years of Experience 17 B. Project Completion 17 C. Completed Project Experience (COMPARABLY SIZED PROJECTS) 17 1. DB Team Construction Experience: 17 D. Supplemental Company Information 20 1. Safety Program 20 2. Quality Control Processes 20 IV. KEY PERSONNEL 21 A. Resumes for Proposed Key Personnel 21 V. CLAIMS HISTORY 21 Forms A and B 23 V. VI. REQUIRED COMPLETED ATTACHMENTS 25 VII. DECLARATION 26 APPENDIXES Exhib Exhib Exhib Exhib Exhib Exhibi Exhibi Exhib Exhib it A - Design Intent Documents - pdf file t B - Proposal Financial Spreadsheet - Excel spreadsheet t C - Evaluation Score Sheet - Excel spreadsheet t D - Design Build Contract - pdf file t E - General Conditions to the Design Build Contract - pdf file t F - Special Conditions to the Design Build Contract - pdf file t G - Proposal Form - Word file tH-Bid Bond-Word file it 1 - Involuntary and Voluntary Changes to the RFP Appendix A - Rating and Evaluation Procedures - Qualificafion Criteria - pdf file Appendix B - Location Plan - pdf file Appendix C - Technical and Price Proposal Submittal Requirements - pdf file ADDENDUM 1. GENERAL A. PROJECT DESCRIPTION The City of Carlsbad ("city") is located about 35 miles north of the City of San Diego on the Southern California coast, where a great climate, beautiful beaches, lagoons and abundant natural open space, with worid class resorts, family attractions, well-planned neighborhoods, a diverse business sector and a charming village atmosphere combine to create the ideal California experience. Covering neariy 42-square miles, the city is approaching build out and is currently home to neariy 107,000 residents. The city is served by SDG&E for gas and electric services. The following request for proposal (RFP) pertains to the design, construction and installation of a solar/photovoltaic generation system at the Safety Training Center, which is currently operational within the City of Carisbad, The City of Carisbad has a demonstrated commitment to sustainabiiity and incorporating energy efficiency measures into public projects in an effort to lower the long term operational costs of city facilities. Firms with design build experience are being solicited to present proposals for review. Based upon the submitted information, qualified candidates may be invited to interview as outlined within this document. This RFP does not commit the city to award a contract, to pay any costs incurred in the preparation of submittals to this request, or to procure or contract for services or supplies. The city resen/es the right to accept or reject any or all submittals received as a result of this request, to negotiate with any qualified source, or to cancel in part or entirely the RFP. The City has maintained as-built drawings for the facility and will be made available to the successful bidder Project Delivery: Design Build Method 2 per the City's municipal ordinance. B. SCOPE OF WORK This project includes designing, permitting, installing and commissioning of solar photovoltaic multi- crystalline (PV) panels mounted on a low slope roof located on the roof of the Safety Training Center. The project has 1 meter served by SDG&E, The meters is for all electrical loads (ALTOU rate or $0,19/kWh, this rate includes the expected rate increase from SDG&E). The estimated annual electrical demand for the facility is 220,000 kWh for the ALTOU meter. The total area is approximately 50,000 sf. The city also resen/es the right to negotiate with the successful bidder to evaluate other photovoltaic technologies, such as mono-crystalline panels, if financially feasible. Two 3" conduits have been placed from the main electric service room to each planter area, as shown in Exhibit "A". This work was completed prior to placement ofthe asphalt paridng lot. To qualify for the California Solar Initiative rebate program, the solar photovoltaic array capacity ratings must be determined using the Photovoltaic Utility Scale Applications (PVUSA) Test Conditions (PTC), All proposers must calculate their rated capacity using the PTC, Describe any warranties associated with the install, including full system coverage and/or warranties associated with individual components. Detail any additional warranty terms that extend beyond the standard manufacturer's warranties, if applicable. Provide a written Perfonnance Guarantee that ensures the performance of the solar array for the warranty duration. Examples of design build teams' recently completed projects will be evaluated for their compatibility to the local environment including placement and protection of all inverters, i v..- The system shall be integrated into the city's SCADA (web based System Control and Data Acquisition) system software to allow real time production of electricity from the solar PV system. The data to be provided will include daily, weekly, monthly and yeariy energy production, cost savings, greenhouse gas savings and total capacity efficiency. This cost should be included in the proposal, but not in the financial calculafion in Exhibit B, The Proposal must include a detailed description ofthe Commissioning Sen/ices required priorto starting up the system, C. PROJECT OBJECTIVES Sen/ices required of Design/Build Teams (DBT) include providing design, installation and commissioning of a cost-effecfive solar photovoltaic system at the Joint First Responders facility in order to reduce municipal energy costs. Additional project objectives may include; • Maximize the power (kW) and energy (kWh) output especially during peak demand periods, • Access State and Federal rebates, incentives and loans for renewable energy systems, • Ensure that installed systems do not negatively impact daily operational and maintenance activities. Proposed solar PV installation options should be sized, sited and oriented to maximize the renewable energy generation potential during peak demand hours, while also minimizing the project's payback period, D. SELECTION PROCESS - DESIGN BUILD DELIVERY The City of Carisbad intends to evaluate DBT qualifications, price proposals and investment results and will complete an objective and subjective score for each submittal. The DB Team will fill out the city-provided financial calculafion (Exhibit "B"), The city will provide values for rebates, average cost per kWh (ALTOU Rate), Discount Rate and Inflafion values. The DB Team will populate the first costs for their installafion and annual producfion of kWh for their solar array. In addifion, the DB Team will populate any predicted maintenance and replacement costs over 30 years. The city may schedule inten/iews from the three (3) to five (5) teams with the highest points. All DBT members shall be licensed and registered with the State of California, as required. This RFP document describes the typical elements of a project, the required scope of sen/ices, the selecfion process and the minimum informafion that must be included in the proposal submittal. Exhibit "A" represent the Basis of Design and is the city's intent. Bidders are allowed to submit substitutions, changes, improvements, allowances, clarifications and assumptions (voluntary and involuntary). Requests for information regarding this procurement must be submitted in writing. No substitutions or design changes will be allowed after selection of the Oesign Builder unless the city approves the substitution/change. Exhibit "B; is a spreadsheet that provides rebates, cost for energy, discount and inflation rates. The bidders shall populate the installation costs, annual production and maintenance costs of their solar array and the spreadsheet will calculate the financial benefits of the array. The selected DBT will be required to guarantee the performance of the solar array producfion. Exhibit "C" is a spreadsheet that populates the score of the Bidders qualification response. The spreadsheet offers objecfive and subjective scoring opportunities. The objective score is populated based upon the Bidder's responses to the questions provided. The subjective score is populated by the Selecfion Committee, The Bidders are required to provide the requested information and to click on radial buttons that will populate the score for that question. Each comparable project the Bidder provides will have several quesfions; each question is an opportunity to increase the Bidder's score. This project will be delivered in full compliance with the city's Design Build Method Two, as outlined in the Carlsbad Municipal Code Section 3.28,085, titled "Design-Build Contracts." C 1. Evaluation Score Sheet Each prospective DBT shall answer all questions and provide all requested information, as applicable, on the Evaluation Score Sheet. Any prospective DBT failing to do so may be deemed non responsive with respect to the selection process for this project. All information submitted for selection evaluation will be considered official information acquired in confidence and the city will maintain its confidentiality to the extent permitted by law, 2. Financial Score Sheet Each prospective DBT shall complete the Financial Calculation Spreadsheet that will provide a common understanding of the investment value of the proposed Solar PV system. The city provides our current average electrical consumption rate, inflation rate, and discount rate and energy rebate values. The DBT will provide first costs for the entire solar system, annual maintenance costs and predictive replacement costs for the time period defined. The spreadsheet will calculate the investment value of the proposed system, including Net Present Value (NPV), Return on Investment (ROI), and Internal Rate of Return (IRR). The DBT with the highest Net Present Value (NPV) will receive the maximum points allowed. Approximately 35% of the total maximum score (300 points) is dedicated to the NPV, All other proposals shall be scored on a sliding scale, using the following formula: 300 - P Where P = the ratio of the highest NPV compared to the lesser NPVs, = [(highest NPV - lesser NPV) / (highest NPV)] x 1000 3. Summary of Selection Criteria Scores The table below is the summary of selection criteria and scores: Selection Criteria Maximum Possible Score Project and Staff experience of the DB Team 204 Solar PV supplier qualifications 163 PV Installer 83 Net Present Value of the investment 300 Total Maximum Score 750 4. Availability of the Technical and Pricing Proposal Proposal documents will be available on the City of Carisbad's website www,carisbadca,qov. Questions regarding the scope ofthe work for this project must be submitted in writing to: (deadline for questions is per paragraph G). Jesse Zunke, Public Works Supervisor 405 Oak Avenue Carisbad, CA 92008 Jesse.zunke(a)carisbadca.qov 5. Mandatory Conference DB Team Entities interested in bidding on this project are required to attend the Mandatory Conference scheduled on the date, time and location published on the cover of this document. Contractors failing to sign in on the official attendance sheet at the conference will not be eligible to participate in the qualification process. 6. Submittal Procedures DB Teams interested in submitting a proposal for this Project must submit a completed Technical and Pricing Proposal and all required Exhibits, The city is not responsible for any costs that DB Teams may incur to complete the submittal process. The purpose ofthe Technical submittal is to provide the city with sufficient informafion to determine which team(s) are the best qualified, as per the selection criteria as rated by the city. All applicable portions of the attached forms shall be completed with attachments if the space provided on the fomns is not sufficient. FAILING TO CLEARLY PRESENT ALL OF THE REQUESTED INFORMATION, OR FAILING TO BE IN THE FORMAT REQUESTED MAY BE CONSIDERED NON RESPONSIVE AND MAY BE REJECTED ON THAT BASIS. Each copy of the submittal must be complete and fully responsive to the requirements of the RFP. The city resen/es the right to waive any minor irregularity or infonnality in the questionnaire. One (1) Original and One (1) electronic copy of the RFP must be received at the location, date and time published on the cover of this document. DB Team shall assume full responsibility for timely delivery at the address designated for receipt of Questionnaires. NO PROPOSALS WILL BE ACCEPTED AFTER THE DUE DATE AND TIME. For information review the city's Website at www.carlsbadca.gov 7. Rating and Evaluation Procedures - Selection Criteria refer to Appendix A E. DESIGN BUILD PROCESS \^ The successful DB Team will be responsible for retaining qualified design professionals to provide complete construction documents and related work including permits required to construct the project as described and specified in the Contract Documents. The project will include the supply of all materials, equipment and labor for installafion, testing, commissioning, training, warranfies and as- built documentafion. The as-built drawings shall be certified and stamped by a registered professional and be provided in both written and electronic format. The DB Team will perform all USA Mark Out services required by state law. The DB Team will control costs and will be responsible for the time schedule and may self-perfonn certain wori<. The successful DB Team will provide both design and construction sen/ices. The entity that provides these sen/ices is the DB Team, but the actual structure of the entity is at the discretion of each DB Team. Each member of the DB Team shall complywith the laws ofthe State of California, applicable to such firms. The DB Team shall hold all required licenses and the DB Team enfity shall be the financially responsible entity for bonding and insurance. Any design firms or individual consultants previously retained by the city to assist in the design, development of criteria or preparation of the request for proposal shall not be eligible to participate in the competition with any design/build entity. In order to provide the city with the most qualified DB Teams, the prime contractor shall not require exclusivity for the key subcontractors and key design consultants. Failure to comply with this provision may result in disqualificafion. Substitution of key subcontractors and design consultants after the selection process may result in disqualification, unless approved by the city. F. PROPOSAL PREPARATION. SUBMITTAL EVALUATION AND CONTRACT AWARD PROCESS The steps leading to contract award is summarized as follows; 1. City issues Request for Technical and Pricing Proposals 2. Attendance of the Mandatory pre-bid conference 3. Technical and Pricing Proposals submitted before the established deadline 4. Public bid opening of price proposals on Published Due Date 5. City conducts an evaluation of Technical and Pricing Proposals 6. Fonnal Inten/iew/Oral Presentation of highest scoring teams (if needed)Determinafion of the best value proposal per the rating and evaluation process 7. Final clarifications of the terms and conditions of the proposal/agreement 8. City Council Approval of Award to recommended Design/Builder 9. Contract award/Notice to Proceed G. Project Schedule The Project will proceed upon selection and award of the Contract. Liquidated damages shall be assessed for each calendar day the DB Team does not complete the project within the Contract Time. The anticipated contract period is 6 months from the Notice to Proceed. The following tentative schedule has been prepared for this project and is subject to change, upon the sole discretion of the City of Carisbad; r Council approval of Selection Criteria (RFQ/RFP) January 13, 2015 Issue RFP January 21, 2015 Qualification/Pre-Bid Conference January 30, 2015 Written Questions Submittal Deadline February 6, 2015 City Responses to Questions/Addendum Deadline February 10, 2015 Qualifications Questionnaires/RFPs due February 16, 2015 Formal City Council Award March 10, 2015 Notice to Proceed April TBD, 2015 Kick-Off/Pre-Job Meefing April TBD, 2015 Phase 1 Approval TBD Phase 2 Approval TBD Phase 3 Approval TBD Project Completion July, TBD 2015 II. DB Team information All information requested must be furnished on the forms provided below and must be completed in order to qualify. If more room is need to answer the question a supplemental single page may be added to the forms. A. ENTITY SUBMITTING THIS PROPOSAL : COMPANY NAME AND ADDRESS Company Name; Independent Energy Solutions 760-752-9706 760-752-9758 Telephone Street Address; 1090 Joshua Way Facsimile Vista, CA 92081 Street Address B. CONTACT INFORMATION Contact Person #1; Ken Riley, Sales Engineer City & State Zip Code 760-509-3108 kriley@indenergysolutions.com Name, Title C. ENTITY SUBMITTING THIS QUESTIONNAIRE Telephone Email • • • Parent Company; \7\ Subsidiary; • Other; • Branch Office; D. TYPE OF BUSINESS ORGANIZATION Q Division; Q (Please list) Corporation; Partnership; Sole Proprietorship; [7] State of Incorporation; California • • O Joint Venture; • • • Other; •• (Please list) If a corporation, organized under the laws of the state of; California If a partnership (Only partnerships that are a legal entity will be considered), provide the following information; Date of Organization: General; O Association Q Copy of legal document demonstrating the partnership is a legal entity and copy of partnership operating agreement. Name and complete legal address of each general partner; (Partner's Name) (Legal Address) (Partner's Name) (Legal Address) DBTeam Project Involvement A Proposal •Omar Equihua • Dale Franchak • Ken Riley • Harold Rhodes Contract •Omar Equihua • Dale Franchak •Ken Riley • Harold Rhodes ^A Engineering •Omar Equihua •Dale Franchak •Ken Riley •Brad Fort • Harold Rhodes ^A Construction 'Omar Equihua 'Dale Franchak •Brad Fort •Ryan Springer Inspections •Omar Equihua • Dale Franchak •Brad Fort »Ryan Springer o Federal Acquisition Regulation Hvundai Modules In regards to our Stone Brewery Project Reference, we used Hyundai modules that were not made in the USA. However, under the FAR Clause 52.225-11, Buy American Act restrictions are waived for designated county construction materials, including Hyundai modules made in South Korea. In addition, the Contracting Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Please see Federal Acquisition Regulation documentation for policy details and verbiage. INFOKMATti OM _/% Federal Acquisition Regulation 52.225-11 NOTICE OF BUY AMERICAN ACT REQUIRE- MENT—CONSTRDCTION MATERIALS (FEB 2009) (a) Definitions. "Commercially available off-the-shelf (COTS) Item," "construction material," "domestic construction mate- rial," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52,225-9). (b) Requests for determinations of inapplica- bility. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by para- graphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the in- applicability of the Buy American Act before submitting its offer, or has not received a re- sponse to a previous request, the offeror shall include the information and supporting data in the offer. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction ma- terial, as specified in paragraph {b)(3)(i) of the clause at FAR 52.225-9. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on un- reasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost. (d) Alternate offers. (1) When an offer in- cludes foreign construction material not listed by the Government In this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an al- ternate offer based on use of equivalent do- mestic construction material. (2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a sepa- rate price comparison table prepared in ac- cordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies. (3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was re- quested— (1) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or (ii) May be accepted if revised during nego- tiations. (End of provision) Alternate I (MAY 2002). As prescribed in 25.1102(b)(2), substitute the following paragraph (b) for paragraph (b) of the basic provision: (b) Requests for determinations of inapplica- bility. An offeror requesting a determination regarding the inapplicability of the Buy American Act shall submit the request with its offer, including the information and ap- plicable supporting data required by para- graphs (c) and (d) of the clause at FAR 52.225-9. [64 FR 72438, Dec. FR 21537, Apr. 30, 2009] 27, 1999, 2002; 74 as amended at 67 FR 2724, Jan. 15, 52.225-11 Buy American Act—Con- struction Materials under Trade Agreements. As prescribed in 25.1102(c), insert the following clause: BUY AMERICAN ACT—CONSTRUCTION MATE- RIALS UNDER TRADE AGREEMENTS (SEP 2010) (a) Definitions. As used in this clause— Caribbean Basin country construction mate- rial means a construction material that— (1) Is wholly the growth, product, or manu- facture of a Caribbean Basin country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substan- tially transformed in a Caribbean Basin country into a new and different construc- tion material distinct from the materials from which it was transformed. Commercially available off-the-shelf (COTS) item—(1) Means any item of supply (including construction material) that is— (1) A commercial item (as defined in para- graph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (lii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U,S.C. App. 1702), suoh as agricultural prod- ucts and petroleum products. 199 52.225-11 Component means an article, material, or supply incorporated directly into a construc- tion material. Construction material means an article, ma- terial, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a pub- lic building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regard- less of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material. Cost of components means— (1) For components purchased by the Con- tractor, the acquisition cost, including transportation costs to the place of incorpo- ration into the construction material (whether or not suoh costs are paid to a do- mestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in para- graph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs asso- ciated with the manufacture of the construc- tion material. Designated country means any of the fol- lowing countries: (1) A World Trade Organization Govern- ment Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Por- tugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Tai- wan, or United Kingdom); (2) A Free Trade Agreement country (Aus- tralia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guate- mala, Honduras, Mexico, Morocco, Nica- ragua, Oman, Peru, or Singapore); (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Re- public of Congo, Djibouti, East Timor, Equa- torial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, 48 CFR Ch. 1 (10-1-10 Edition) Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Is- lands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or (4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin Islands, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, or Trinidad and Tobago). Designated country construction material means a construction material that is a WTO GPA country construction material, an FTA country construction material, a least devel- oped country construction material, or a Caribbean Basin country construction mate- rial. Domestic construction material means— (1) An unmanufactured construction mate- rial mined or produced in the United States; (2) A construction material manufactured in the United States, if— (i) The cost of its components mined, pro- duced, or manufactured in the United States exceeds 50 percent of the cost of all its com- ponents. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or (ii) The construction material is a COTS item. Foreign construction material means a con- struction material other than a domestic construction material. Free Trade Agreement country construction material means a construction material that— (1) Is wholly the growth, product, or manu- facture of a Free Trade Agreement (FTA) country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substan- tially transformed in a FTA country into a new and different construction material dis- tinct from the materials from which it was transformed. Least developed country construction material means a construction material that— (1) Is wholly the growth, product, or manu- facture of a least developed country; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substan- tially transformed in a least developed coun- try into a new and different construction material distinct from the materials from whioh it was transformed. United States means the 50 States, the Dis- trict of Columbia, and outlying areas, WTO GPA country construction material means a construction material that— (1) Is wholly the growth, product, or manu- facture of a WTO GPA country; or (2) In the case of a construction material that consists in whole or in part of materials 200 Federal Acquisition Regulation 52.225-11 from another country, has been substan- tially transformed in a WTO GPA country into a new and different construction mate- rial distinct from the materials from which it was transformed. (b) Construction materials. (1) This clause implements the Buy American Act (41 U.S.C. lOa-lOd) by providing a preference for domes- tic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS Item (See FAR 12.505(a)(2)). In addition, the Contracting Of- ficer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated county construction materials. (2) The Contractor shall use only domestic or designated country construction material in performing this contract, except as pro- vided in paragraphs (b)(3) and (b)(4) of this clause. (3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that Is a commercial item or to the construction materials or components listed by the Government as follows: [Contracting Officer to list applicable excepted materials or indicate "none"] (4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause if the Govern- ment determines that— (i) The cost of domestic construction mate- rial would be unreasonable. The cost of a particular domestic construction material subject to the restrictions of the Buy Amer- ican Act is unreasonable when the cost of such material exceeds the cost of foreign ma- terial by more than 6 percent; (ii) The application of the restriction of the Buy American Act to a particular con- struction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satis- factory quality. (c) Request for determination of inapplica- bility of the Buy American Act. (l)(i) Any Con- tractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause shall include adequate infor- mation for Government evaluation of the re- quest, including— (A) A description of the foreign and domes- tic construction materials; (B) Unit of measure; (C) Quantity; (D) Price; (E) Time of delivery or availability; (F) Location of the construction project; (G) Name and address of the proposed sup- plier; and (H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause. (ii) A request based on unreasonable cost shall include a reasonable survey of the mar- ket and a completed price comparison table in the format in paragraph (d) of this clause. (iii) The price of construction material shall include all delivery costs to the con- struction site and any applicable duty (whether or not a duty-free certificate may be issued). (iv) Any Contractor request for a deter- mination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such deter- mination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination. (2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate ade- quate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the un- reasonable price of a domestic construction material, adequate consideration is not less than the differential established in para- graph (b)(4)(i) of this clause, (3) Unless the Government determines that an exception to the Buy American Act ap- plies, use of foreign construction material is noncompliant with the Buy American Act. (d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall in- clude the following information and any ap- plicable supporting data based on the survey of suppliers: FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON Construction material description Unit of measure Quantity Price (dollars)' Item 1: Foreign construction material ., Domestic construction material Foreign construction material . 201 52.225-12 48 CFR Ch. 1 (10-1-10 Edition) FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON—Continued Construction nnaterial description Unit of measure Quantity Price (dollars)' Domestic construction material ^ Include all delivery costs to ttie construction site and any applicable duty (wtiettier or not a duty-free entry certificate i issued). List name, address, telephone number, and contact for suppliers surveyed. Attacti copy of response; if oral, attacti summary. Include otfier applicable supporting information. (End of clause) Alternate I (JUN 2009). As prescribed in 25.1102(c)(3), add the following defini- tion of "Bahrainian, Mexican, or Omani construction material" to para- graph (a) of the basic clause, and sub- stitute the following paragraphs (b)(1) and (b)(2) for paragraphs (b)(1) and (b)(2) of the basic clause: Bahrainian, Mexican, or Omani construction material means a construction material that— (1) Is wholly the growth, product, or manu- facture of Bahrain, Mexico, or Oman ; or (2) In the case of a construction material that consists in whole or in part of materials from another country, has been substan- tially transformed in Bahrain, Mexico, or Oman into a new and different construction material distinct from the materials from which it was transformed. (b) Construction materials. (1) This clause implements the Buy American Act (41 U.S.C. lOa-lOd) by providing a preference for domes- tic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). In addition, the Contracting Of- ficer has determined that the WTO GPA and all the Free Trade Agreements except the Bahrain FTA, NAFTA, and the Oman FTA apply to this acquisition. Therefore, the Buy American Act restrictions are waived for designated country construction materials other than Bahrainian, Mexican, or Omani construction materials. (2) The Contractor shall use only domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material in performing this contract, except as provided in paragraphs (b)(3) and (b)(4) of this clause. [64 FR 72438, Dec. 27, 1999] EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting §52.225-11, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. 52.225-12 Notice of Buy American Act Requirement—Construction IVlate- rials Under Trade Agreements. As prescribed in 25,1102(d)(1), insert the following provision: NOTICE OF BUY AMERICAN ACT REQUIRE- MENT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (FEB 2009) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country construction material," "domestic construction mate- rial," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American Act—Construction Materials Under Trade Agreements" (Federal Acquisi- tion Regulation (FAR) clause 52.225-11). (b) Requests for determination of inapplica- bility. An offeror requesting a determination regarding the Inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by para- graphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall Include the inforraation and supporting data in the offer. (c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percent- age of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11. (2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on un- reasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost, (d) Alternate offers. (1) When an offer in- cludes foreign construction material, other than designated country construction mate- rial, that is not listed by the Government in 202 o Independent Energy Solutions o Independent Energy Solutions, Inc. Comprehensive Environmental Policy Environmental Policy 2015 Independent Energy Solutions, Inc. - Comprehensive Environmental Policy f Table of Contents Statement of Company Commitment 3 Environmental Policy 3 1. Environmental Aspects 4 2. Economic Aspects 4 3. Social Equity 4 4. Management Review 4 Responsibility 5 Complaince 5 Communication 5 Program Training 6 Documentation and Record Keeping 6 Responsibilites and Expectaitons for our Environemntal Program 6 Requirement for Company Owners and Upper Management 7 Requirment for All Supervisors 7 Requirement for all Employees 8 Independent Energy Solutions, Inc. - Comprehensive Environmental Policy Environment Policy - Company Commitment Independent Energy Solution, Inc. is committed to sustainable work environments and business practices based on sound economics, environmental protection, and social responsibility and incorporating best practice sustainabiiity guidelines into our daily operations. We routinely update our practices with the intention of making consistent, measurable progress toward these goals and will continue to implement them in all aspects of our business. We strive to ensure that our key stakeholders are aware of our commitment as we pursue the goal of becoming an increasingly sustainable company. We also commit to reporting our progress in the area of the environmental Aspects. As the leader of our company, I am personally committed to these goals principles and pledge that we will make every effort to meet them. Linda Strand President & Chief Executive Officer Environmental Policy IES understands that it has a responsibility for the environment as well as the social and economic systems that impact it. We define sustainabiiity as simultaneously improving the vitality of the economy, the integrity of ecological systems and the advancement of social equity. Our commitment is to pursue the goal of sustainabiiity by weighing the impacts of our business decisions against the costs of the ecological, social and economic systems they affect. Thus, practices are regularly updated with the intent to deliver consistent, measurable progress toward these goals and we continue to pursue them in all facets of our operations. Our company Environmental Management System contains applications to four key elements of sustainabiiity: 1) environmental aspects, 2) economic aspects, 3) social equity and 4) management review. Each of these elements deals with various aspects of sustainabiiity within the environment as a whole. L_ Environmental Aspects: The elements of an organization's activities, products or services that can interact with the environment. Activities to which our company addresses are: • Pollution prevention opportunities • Energy conservation • Water conservation • Green House Gas (GHG) reductions • Disposal of solid and/or hazardous waste • Recycling of scrap • Health and safety issues Independent Energy Solutions, Inc. - Comprehensive Environmental Policy • Commimity involvement 2 Economic Aspects: Activities to which our company addresses include: • Striving to exceed minimum environmental regulatory compliance requirements when addressing significant aspects. • Conduct periodic self-assessments conceming performance relative to legal and other requirements. • Subscribe to at least one national or internationally recognized sustainable business code or practice. • Identify and employ best practices in the handling and disposal of waste materials. • Promptly and responsibly correct conditions v^dthin our control that endanger heath, safety or the environment. • Encourage employees to report dangerous incidents or conditions to management or appropriate authorities. • Inform customer of the environment impact of products. • Regularly seek feedback through dialogue with persons or organizations in communities near our facilities. Social Equitv: Establish measurements and performance criteria for significant economic, environmental, and social impacts relating to the following issues: • Reduce and make continual progress toward eliminating the release of substances that may cause environmental damage to the air, water, or the earth and its inhabitants. • Increase the use of renewable raw materials. • Conserve energy and improve efficiency of intemal operations, goods and services. • Increase the use of renewable energy sources. • Increase the resource effectiveness and decrease the material intensity of products. • Strive to safeguard habitats and ecological systems affected by operations, and protect open spaces and wildemess while preserving biodiversity. • Reduce and where possible eliminate waste through source reduction and recycling. • Strive to use natural resources in a maimer that will not deplete them. • Strive to conserve non-renewable natural resources through efficient use and careful planning. • Reduce the environmental, health and safety risks to our employees and the Communities in which we operate. • Reduce and where possible eliminate the use, manufacture or sale of products and services that may cause environmental damage or health or safety hazards. £_ Manasement Review: The management team assesses the effectiveness of the environmental management system on a routine bases to assure that resources are available to achieve the company's environmental policy. Activities to which our company addresses includes: • Communicate progress toward sustainabiiity to intemal stakeholders and, as applicable, to extemal parties. • Ensure that the Environmental Management System is pertinent to current operations. Independent Energy Solutions, Inc. - Comprehensive Environmental Policy • Ensure that our top executives are fiilly informed about pertinent infonnation related to the company's performance against sustainabiiity objectives. • Conduct an annual self-evaluation of our progress toward sustainabiiity objectives. • Continually improve sustainabiiity reporting and environmental audit procedures. • Identify and implement best practices as they emerge. Responsibility The Environmental Program's administrator is Linda Strand. The program administrator has the authority and responsibility for implementing the provisions of this program for all Independent Energy Solutions, Inc. work locations. All Independent Energy Solutions, Inc. managers, supervisors and foremen are directly responsible for implementing and maintaining the Environmental Program in their specific areas of responsibility and for answering employee questions about the Environmental Program. A copy of this Environmental Program is available from each manager and supervisor. Compliance Management (owner and all supervisors) is/are responsible for ensuring that all environmental policies and procedures are clearly communicated and imderstood by all employees. Managers and supervisors are expected to enforce the rules fairly and uniformly and, if necessary, to use the disciplinary process defined in the employee handbook to enforce consistent and effective environmental practices on-the-job every day. All employees are responsible for using environmentally appropriate practices, for following all directives, policies and procedures, and for assisting in maintaining a healthy work environment. Our system of ensuring that all workers comply with the rules and maintain an environmental positive environment includes (but is not limited to): • Informing workers of the provisions of our formal Environmental Program; • Evaluating on a regular basis the performance of all workers; • Recognizing employees who perform work practices outlined in our Environmental Program; • Providing training and re-training to workers whose environmental performance is deficient; • Disciplining and re-train workers for failure to comply with safe environmental work practices; Communication We recognize that open, two-way communication between both management and employees on environmental issues is essential to our program success. The following system of communication is designed to facilitate a continuous flow of environmental information between management and staff in a format that is readily understandable and consists of one or more of the following items: • New worker orientation including a discussion of Company environmental policies and procedures. Independent Energy Solutions, Inc. - Comprehensive Environmental Policy • Review of our Environmental Program with new employees. • Workplace environmental training programs. • Effective communication of environmental concems between workers and supervisors, including translation where appropriate. • Posted or distributed environmental information. • Non-conformance reporting. Program Training All workers, including managers and supervisors, shall have training and instmction on general and job-specific environmental practices. Independent Energy Solutions, Inc., and their supervisors shall provide training and instmction as follows: When the Environmental Program is first established; • To all new workers; • To all workers given new job assignments for which training has not previously been provided; • Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard; • Whenever the employer is made aware of a new or previously unrecognized hazard; • To supervisors to familiarize them with the environmental hazards to which workers under their immediate direction and control may be exposed; • and to all workers with respect to hazards specific to each employee's job assignment. Documentation and Record Keeping Where appropriate and necessary to demonstrate compliance with this Program, effective documents will be developed, completed and maintained. All documentation will be retained for at least three years or longer if other regulatory standards require a longer record retention. Documentation will be maintained for, but not limited to, the following: • Initial orientation training and all subsequent environmental training and education activities. • Environmental inspections, hazard assessments and corrective actions taken. • Issuance of environmental mles and regulations to employees. • Incidents and investigations. • Employee disciplinary action for environmental violations. Environmental records are available during normal office hours at: I.E.S, 1090 Joshua Way, Vista, CA 92081 - 760-752-9706 Independent Energy Solutions, Inc. - Comprehensive Environmental Policy Responsibilities and Expectations for our Environmental Program The administration of this Environmental Program is the direct responsibility of supervisory persormel at all levels within Independent Energy Solutions, Inc. One of the primary duties all supervisors have is to ensure that their employees work efficiently under environmentally safe conditions at all times. It is the expectation of Independent Energy Solutions, Inc. that all supervisors will display and maintain a positive and proactive attitude toward environmental protection and prevention at all times. Supervisors are expected to build environmental practices into everyday duties and activities. Furthermore, it is the expectation of Independent Energy Solutions, Inc. that all employees, regardless of supervisory responsibilities, will follow environmental best work practices at all times while on the job. In the event that an employee requires assistance with reading or understanding this Environmental Policy, reasonable accommodations will be provided. Contact your supervisor. Requirements for Company Owners and Upper Management 1. Demonstrate and document visible support for an environmental work environment through direct and indirect promotion of environmental efforts. 2. Designate the responsibilities for environmental program management including orientations, communications, training, reporting, and periodic self-inspection. 3. Utilize the risk management/environmental program of IES in a preventive manner. 4. Require that all employees receive a general environmental orientation and task- specific training before commencing work activities. 5. Require and support continuing regular refresher training as needed or required. 6. Establish and support an environmental awareness system that provides a network for addressing anticipated hazards, prevention strategies and general environmental inquiries. 7. Ensure that all required environmental documents are completed and submitted in a timely maimer and retained for at least three years or longer, per regulatory requirements. Requirements for All Supervisors 1. Require employee compliance with all environmental efforts at all times (no exceptions). 2. If necessary, use Independent Energy Solutions, Inc. disciplinary / termination policy to enforce employee compliance with environmental policies, procedures and direction. (The disciplinary policy is located in the "Employee Handbook.") 3. Recognize potential and actual hazards and take prompt preventive or corrective action. 4. Provide general site environmental orientations to all new employees on their first day of work, and to employees new to each specific worksite or task. 5. Provide job or task-specific environmental training to new/transfer employees prior to allowing job performance without direct supervision. Independent Energy Solutions, Inc. - Comprehensive Environmental Policy Requirements for All Employees 1. Participate in all required environmental orientations and job-specific training prior to commencing work. 2. Perform all work, as trained, regardless of supervision immediately present. 3. Follow the environmental mles and participate in all required general and job/task- specific environmental and regulations of the site. 4. Report any environmental-related situations or actions to supervisor immediately. 5. Do not work in any area where there is a serious environmental hazard until hazard is eliminated or properly controlled. 6. Ask for help or advice with a task, whenever needed, to perform the task per this Environmental Policy. We are committed to these four key elements of sustainabiiity in the interest of protecting our environment today, and for future generations to come. Please Contact your supervisor or Linda Strand for any clarification to this policy. Independent Energy Solutions, Inc. - Comprehensive Environmental Policy flfSilE Independent miimk. Energy Solutions APPENDIX I: O&M SERVICE CHECKLIST c CA Lic. No. 805159 lo c Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergvsolutions.com Confidentiality Notice: The infonnation contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions. Inc. and the recipient. O&M Service Checklist 1. Record general site conditions 2. Confirm presence of required site-specific safety equipment 3. Confirm presence of product documentation 4. Checl< the operation of all inverter safety devices (E-stop, door switches) 5. Check appearance/cleanliness of inverter cabinet, ventilation system and all exposed surfaces 6. Inspect weather stripping, replace as necessary 7. Inspect, clean/replace inverter air filter elements 8. Clean external heat exchange, if equipped 9. Check for corrosion on all inverter terminals, cables and enclosure 10. Perform a complete visual inspection of inverter internally mounted equipment 11. Check all inverter fuses 12. Confirm power supply and transformer output 13. Check operation of relays and contacts 14. Inspect AC and DC fans, replace as necessary 15. Torque inverter terminals and all fasteners in electrical power connections. 16. Confirm the inverter operating modes including Standby, Startup, and Run 17. Validate display data accuracy 18. Record all operating voltages and current readings via the inverter front display panel 19. Record lifetime and instantaneous inverter power output including environmental data 20. Record total kWh from CGOM (including multiplier) 21. Visual inspection and thermal scan of system electrical components 22. Visual inspection of solar PV array to include spot cleaning 23. Random inspection of PV array racking components (1% sample) 24. Provide system performance report (based on standard derates) 25. Record all inspections completed and provide report to customer 26. Inform Customer and Manufacturer of all deficiencies identified E. LICENSES The Contractor and Key Subcontractors of the DB Team must have current and active California State Contractor's licenses Classification for this Project. Minimum License requirements are as follows: CSLB LICENSE CLASS A and B, C-10 ELECTRICAL C-46 SOLAR C-51 STRUCTURAL Ali licenses must be maintained in current and active status throughout the project. 1. Design Build Contractor The DB Contractor must have a current and active California State Contractors license "A" General Engineering Contractor and "B" General Building Contractor Classification for this Project. Does your firm have the required current and active California State Contractors license? Yes[/]Non Name of Licensee as it appears on record with the California Contractors State License Board: Independent Energy Solutions, Inc. License No. 805159 Issue Date: 03/06/2002 Expiration Date: 03/31/2016 License Class/Classes: B - General Building Contractor, C-10 - Electrical, C-46 - Solar Description of ClaSSification(s): See supplemental documentation titled: "Description of Classifications" Description of Certification(s): For Joint Venture: List Joint Venture's license information above as the Design Builder and the license information for all Joint Venture partners below: (Exact Name of Licensee as it appears on record with the California Contractor's State License Board) License No. Issue Date: Expiration Date: License Class/Classes: Description of Classification(s): Description of Certification(s): 2. Key Subcontractor A: Solar PV Supplier The Key Subcontractor A must have a current and active California State Contractor's license with a "C-46 and C-10" Contractor Classification for this Project. Does your firm have the required current and active California State Contractors license? Yes / NoD Name of Licensee as it appears on record with the California Contractors State License Board: Independent Energy Solutions License No. 805159 Issue Date: 03/36/2002 Expiration Date: 03/31/2016 License Class/Classes: B - General Building Contractor, C-10 - Electrical, C-46 - Solar Description of Classification(s): See supplemental documentation titled: "Description of Classifications" Description of Certification(s): /-»., . State Of California V^Ai-A-.CONTRACTORS STATE LICENSE BOARO ACTIVE LICENSE L,o.™*«», 805159 E«,^ CORP B^,^^ INDEPENDENT ENERGY SOLUTIONS INC B C10 046 Bwaono* 03/31/2016 www.cslb.ca.gov Description of Classifications B-General Buildinq Contractor Business & Professions Code Division 3, Chapter 9. Contractors, Article 4. Classifications 7057. (a) Except as provided in this section, a general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of at least two unrelated building trades or crafts, or to do or superintend the whole or any part thereof. This does not include anyone who merely furnishes materials or supplies under Section 7045 without fabricating them into, or consuming them in the performance of the work of the general building contractor. (b) A general building contractor may take a prime contract or a subcontract for a framing or carpentry project. However, a general building contractor shall not take a prime contract for any project involving trades other than framing or carpentry unless the prime contract requires at least two unrelated building trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate license classification or subcontracts with an appropriately licensed specialty contractor to perform the work. A general building contractor shall not take a subcontract involving trades other than framing or carpentry, unless the subcontract requires at least two unrelated trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate license classification. The general building contractor may not count framing or carpentry in calculating the two unrelated trades necessary in order for the general building contractor to be able to take a prime contract or subcontract for a project involving other trades. (c) No general building contractor shall contract for any project that includes the "C-16" Fire Protection classification as provided for in Section 7026.12 or the "C-57" Well Drilling classification as provided for in Section 13750.5 of the Water Code, unless the general building contractor holds the specialty license, or subcontracts with the appropriately licensed specialty contractor. (Amended by Stats. 1997, Chapter 812 (SB 857).) C-10-Electrical California Code of Regulations Title 16, Division 8, Article 3. Classifications An electrical contractor places, installs, erects or connects any electrical wires, fixtures, appliances, apparatus, raceways, conduits, solar photovoltaic cells or any part thereof, which generate, transmit, transform or utilize electrical energy in any form or for any purpose. Authority cited: Sections 7008 and 7059, Reference: Sections 7058 and 7059 (Business and Professions Code) C-46 - Solar California Code of Regulations Title 16, Division 8, Article 3. Classifications A solar contractor installs, modifies, maintains, and repairs thermal and photovoltaic solar energy systems. A licensee classified in this section shall not undertake or perform building or construction trades, crafts, or skills, except when required to install a thermal or photovoltaic solar energy system. Authority cited: Sections 7008 and 7059, Reference: Sections 7058 and 7059 (Business and Professions Code) 3. Key Subcontractor B: PV Panel Mounting System The Key Subcontractor B must have a current and active California State Contractor's license with the "C-51" Contractor Classification for this Project. Does your firm have the required current and active California State Contractors licenses? Yes 0 No • Name of Licensee as it appears on record with the California Contractors State License Board: Independent Energy Solutions License No. 805159 Issue Date: 03/36/2002 Expiration Date: 03/31/2016 License Class/Classes: B - General Building Contractor, C-10 - Electrical, C-46 - Solar See supplemental documentation titled: "Description of Classifications" Description of Certification(s): 4. Design Firms (Architects and Engineers) Firm/Person Name: Architect of Record CTA Architects 760-591-4555 Telephone Street Address: 31 o Via Vera Cruz Street Address 760-591-4647 Facsimile San Marcos, CA City & State 92078 Zip Code Provide the name ofthe Architect of Record to be used on the Project: James Cummings, Partner and Architect C-23524 Firm/Person Name: Name, Title Structural Engineering Firm/Person 4Stel Engineering License Number 949-388-9333 Telephone Street Address: 109 East Escalones Street Address 949-388-3773 Facsimile San Clemente, CA City & State 92672 Zip Code Provide the name of the Engineer of Record to be used on the Project: Dustin Rosepink, CEO and Structural Engineer S5885, C72487 Name, Title License Number Firm/Person Name: Solar Engineering Firm/Person/Manufacturer Turpin & Rattan Engineering Inc 619-466-6224 619-466-6233 Telephone Street Address: 4719 Palm AvB Street Address Facsimile La Mesa, CA City & State 91941 Zip Code Provide the name of the Engineer of Record to be used on the Project: Dale Franchak, Project Engineer El 1553 Name, Title License Number F. QUALIFICATION QUESTIONNAIRE w A "YES" ANSWER TO ANY OF THE QUESTIONS BELOW MAY SUBJECT THE DB TEAM TO DISQUALIFICATION. Contractor Ucense Board Disciplinary Proceedings Has any member on the DB Team, during the past ten years received any civil or criminal violations ofthe California Contractor's State License Law? Yes • Nof/I Debarment/Public Works Bidding Issues/False Claims Is any member on the DB Team currently or has it ever been debarred, disqualified or removed from any government public works project or were in violation of the Federal or State False Claims Act or instances? Yes • No [7] Labor Code /OSHA/Equal Opportunity Employment (EEO) Violations Has the DB Team member, during the past ten years, received any civil or criminal violations of federal or state law governing Labor Code/OSHA/ EEO? Yes • No [71 Payment of Wages/Benefits/Personal Income Tax Withholdings or Federal Insurance Contribution Act (FICA)/State disability Insurance (SDI) or Unemployment Insurance Payment Violations Has any member on the DB Team, during the past ten years, received any civil or criminal violations of federal or state law governing the Payment of Wages/Benefits/Personal Income Tax Withholdings/FICA/SDI or Unemployment Insurance Payment? Yes • No [/] Surety and Default Has a surety completed work on any construction contract or has there been any default against a construction contractor for any member on the DB Team, during the past ten years: Yes • No[/] Bankruptcy or Receivership Has any member on the DB Team, during the past ten years, had a bankruptcy or receivership during performance of a construction contract: Yes • No[/| Liquidated Damages Has any member on the DB Team, been assessed liquidated damages for failing to complete a contract within the time specified in the contract within the last ten years? Yes • Nof/j Financial Capability Attach a notarized statement from the suretv(ies) that states: (i) current available bonding capacity meets or exceeds the project Estimated Construction Cost; (ii) total bonding capacity; (iii) Surety(ies) proposed to be used on the project is an admitted surety insurer as defined in the California Code of Civil Procedure Section 995.120; and (iiii) Surety (ies) acknowledges its intent to provide bonding ofthe project in the event DB Team is awarded the Project. Insurance The successful DB Team primary entity for this Project will be required to furnish certificates of insurance on city's form evidencing that it shall furnish and maintain Commercial Form of General Liability, Excess Liability (if applicable). Business Automobile Liability, Professional Liability, Pollution Liability and Workers' Compensation insurance in the amounts below. The DB Team Design Builder's insurance shall, by endorsement to the policies and the Certificates of Insurance name The City of Carlsbad, its Agents, Employees and Contractors, as additional insured. The insurance required for Commercial Form General Liability, Excess Liability, Business Automobile Liability, Professional Liability and Pollution Liability Insurance shall be issued by companies with a Best rating of A- or better and a financial classification of Vlll or better (or an equivalent rating by Standard & Poor or Moody's) written for not less than the following: Minimum COMMERCIAL FORM GENERAL LIABILITY INSURANCE - Limits of Liabilitv Requirements Eac^ Occunence - Combined Single Limit for Bodily Injury and Property Damage: $ 2,000,000 Products-Completed Operations Aggregate: $2,000,000 Personal and Advertising Injury: $2,000,000 General Aggregate: $5,000,000 Minimum Requirements BUILDER'S RISK INSURANCE $5,000,000 Minimum DB TEAM'S PROFESSIONAL LIABILITY - Limits of Liabilitv Requirement Each Occunence - Professional Liability $2,000,000 General Aggregate: $5,000,000 Minimum BUSINESS AUTOMOBILE LIABILITY INSURANCE - Limits of Liabilitv Requirement Each Accident - Combmed Single Limit for Bodily Injury and Property Damage: $2,000,000 Minimum POLLUTION LIABILITY INSURANCE - Limits of Liabilitv Requirement $2,000,000 Insurance required for Workers' Compensation and Employer's Liability Insurance shall be issued by companies that have a (i) Best rating of B+ or better and a financial classification of Vlll or better (or an equivalent rating by Standard & Poor or Moody's) or (ii) that are acceptable to the city. Such insurance shall be written to be not less than (as required by Federal and State of California law). A "No" Answer to the question below will subject the DB Team to disqualification. I Is your firm able to obtain the above insurance in the limits and ratings stated from the required companies? Yes NO • If "yes", provide notarized declaration(s) from vour insurance aaent/broker/canier stating that your firm is able to obtain insurance coverage in the limits and ratings stated above from the insurance companies required for this Project. Experience Modifier Rate List your company's Workers' Compensation Experience Modifier Rate for the past five years: 2008: 088 2009: 087 2010: 074 20II: 081 2012 073_ Submit a letter from vour Workers' Compensation carrier showing your Experience Modifier rate for the last ten years. If the Modifier Rate has been above 1.0 for five or more of the past ten years, provide an explanation, including dates: III. RELEVANT EXPERIENCE OF THE DESIGN BUILD TEAM A. YEARS OF EXPERIENCE Does your company have at least five years of experience as a Design Builder Team? Yes [/] No • A no answer to the question above may subject the DB Team to disqualification. B. PROJECT COMPLETION Has any member of the DB Team failed to complete a Contract or been removed from a project within the last five years? Yes • Nof/] Ifyes, give details including dates: C. Completed Proiect Experience (COMPARABLY SIZED PROJECTS) 1. DB Team Construction Experience: a. Only information, experience and work performed by the DB Team that will bid, manage, design, construct and staff the project will be considered for prequalification. A total of three proiects from each team member completed in the last five years mav be submitted to demonstrate the DB Team's experience, b. Projects presented for consideration must be submitted on the fomris attached to this section. Make additional copies as needed. Submit a minimum of two and no more than three fully completed projects that are comparable in size, scope, complexity, technically sound and aesthetically distinctive projects constructed for public/private owner or institutional clients: 1. At least three (3) projects which were comparable in construction cost 2. At least three (3) built in the State of California 3. Three (3) projects which used design build project delivery of comparable cost f*** c. Describe systems used in the design, planning, scheduling, estimating and managing ofthe projects. Briefly describe the firm's experience on quality control, dispute resolution and safety management, d. Sustainable Design Practices; Provide examples of recent design and constmction solutions that demonstrate sustainable practices. c DB TEAM COMPARABLY SIZED PROJECT # Verify all contacts priorto submittal. Do not leave any spaces blank. Responses such as "N/A " are not acceptable. If not applicable, state "Not Applicable" and explain why. If none, state "NONE. Project Name: P-750 Project or Contract Number: 12-014 Project Location: Naval Air station North Island , Coronado, CA , 92178 Street Address City & State Zip Code Owner Information; Naval Air station North island Contact Person: Ryan Delira, Project Manager Owner's Name Name & Title Address: Naval Air station North Island Street Address Telephone: 949-352-0111 , Coronado, CA City & State Email: rdelira@henselphelps.com 92178 Zip Code Reference Information: Hensel Phelps Construction Co Telephone: 949-852-0111 Company's Name Email: rdelira@henselphelps.com Contact Person: Ryan Delira, Project Manager Name & Title C What was your company's role on this project? Design Builder [7] Construction Manager • General Contractor • Contract Time: Start Date: 2/4/13 Actual Completion Date: Month/Day/Year Scheduled Completion Date: 5/15/13 5/15/13 Month/Day/Year Days Extended due to Unexcused Delays: Month/Day/Year If project is not complete: Percentage of completion: Contract Amount: $ 750,000 Base Amount $ % {Total cost of work in place) $750,000 Adjustment Due to Change Orders Final Contract Amount Other services provided during the design phase: cost estimating B scheduling [7} value engineering [7] Other [7] Spedfy: Q&M Contract Comments: This high profile, 200kW system was built on a new helicopter maintenance hanger at the same time the structure itself was being built. Strategic planning and coordination were an essential part of this project because of the multiple trades working at the site. The proposed and actual production value is 13 kWh/SF, and the derate from PVWatts is 13.5. DB TEAM COMPARABLY SIZED PROJECT # Verify all contacts priorto submittal. Do nof leave any spaces blank. Responses such as "N/A " are not acceptable. If not applicable, state "Not Applicable" and explain why. If none, state "NONE.' Project Name: us Food & Dmg Administration Project or Contract Number: 13-034 Project Location: i970i Pairchiid Rd , Irvine, CA , 92612 Street Address City & State Zip Code Owner Information: Southern California Edison Contact Person: David Taylor Owner's Name Name & Title Address: 19701 Fairchlld Rd , Irvine. CA , 92612 Street Address City & State Zip Code Telephone: 626-20i-5i78 Email: David.M.Taylor@SCE.com Reference Information: Southern California Edison Contact Person: David Taylor Company's Name Name & Title Telephone: 626-20i-5i78 Email: David.M.Taylor(gSCE.com c What was your company's role on this project? Design Builder [7] Construction Manager • General Contractor • Contract Time: Start Date: 8/1/14 Actual Completion Date: Month/Day/Year Scheduled Completion Date: 10/23/14 10/23/14 Month/Day/Year Days Extended due to Unexcused Delays: Month/Day/Year If proiect is not complete: Percentage of completion: Contract Amount: $300,718 Base Amount $ % (Total cost of work in place) $300,718 Adjustment Due to Change Orders Final Contract Amount Other services provided during the design phase: cost estimating [71 scheduling f/l value engineering [7 0ther[7] Spedfy: O&M Contract Comments: This 130 kW solar rooftop project was designed and installed for Southern California Edison at the FDA. The proposed production value is 8 kWh/SF, and the actual value has been 9 kWh/SF. The derate from PVWatts is 12.5. DB TEAM COMPARABLY SIZED PROJECT # Verify ali contacts priorto submittal. Do not leave any spaces blank. Responses such as "N/A " are nof acceptable. If not applicable, state "Not Applicable" and explain why. If none, state "NONE. Project Name: stone Brewery Project or Contract Number: 13-001 Project Location: 1999 citracado Parkway , Escondido, CA , 92029 street Address City & State Zip Code Owner Information: Greg Koch & Steve Wagner Owner's Name Address: 1999 Citracado Parkway Contact Person: Joshua Lichtman - Associate Project Manager Name & Title , Escondido, CA 92029 Street Address Telephone: 760-471-4999x1508 City & State Zip Code Email: joshua.llchtman@stonebrewing.com Reference Information: stone Brewing Co Contact Person: Joshua Uclitman - Associate Project Manager Company's Name Name & Title Telephone: 760-471-4999 xi508 Email: joshua.lichtman(^stonebrewing.com r What was your company's role on this project? Design Builder [7] Construction Manager • General Contractor • Contract Time: Start Date: 3/21/13 Actual Completion Date: Month/Day/Year Scheduled Completion Date: 7/25/13 7/25/13 Month/Day/Year Days Extended due to Unexcused Delays: Month/Day/Year If project is not complete: Percentage of completion: Contract Amount: $ 861,403 Base Amount $ % (Total cost of work in place) $861,403 Adjustment Due to Change Orders Final Contract Amount Other services provided during the design phase: cost estimating f/l scheduling [71 value engineering [7] aher[3 Spedfy: O&M Contract Comments: stone Brewery initially chose IES for this project because they were looking to reduce their consumption. Throughout the installation of the project, IES showed its ability to provide value engineering & creative solutions for the small roof space and long wire connections. The result was an aesthetically pleasing installation that won the 2013 roof mount award for the Solar Builder Magazine. The proposed Production value is 22 kWh/SF and the actual value is 23 kWh/SF. The derate used from PVWatts is 12.5. D. SUPPLEMENTAL COMPANY INFORMATION 1. Safety Program a. Does the Prime Contractor ofthe DB Team and any key subcontractor have a written Injury and Illness Prevention Program (IIPP) that complies with California Code of Regulations, Title 8 Sections 1509 and 3203? Yes [/] No • b. Does your company have personnel pennanently assigned to safety? Yes [71 No D 2. Quality Control Processes a. Does your company have a written QA/QC program? Yes [71 No • b. Does your firm have personnel permanently assigned to QA/QC? Yes [71 No • ^ IV. KEY PERSONNEL A. RESUMES FOR PROPOSED KEY PERSONNEL Submit resumes for the following key members of your staff who will be assigned to this project 1. Project Executive 2, Project Manager 3. Project Engineer 4. Superintendent 5, Quality Assurance Manager 6, Principal-in-Charge (for design team members) Resumes shall include the following: 1. Job titles and functions 2. Credentials, including CCM, LEED AP or GA, etc. 3. Number of years the staff member has been with the firm 4. Educational background 5. A list of completed comparable sized projects similar to the requirements listed in Section 111 6. Employment history 7. Client references 8. Project Management Training (i.e. Computer Software Applications) 9. Percentage of time the staff member will be committed to this project. V. CLAIMS HISTORY Submit information for ALL ofthe Contractor's and Design Firm's local, regional, national offices as well as their corporate parent companies, as applicable. OWNER AGAINST CONTRACTOR CLAIM Provide the information requested below for the entity listed in Item II.A or any Parent Companies/Corporations that are owners or part ofthe entity listed in Item II.A. Complete a separate FORM A - OWNER AGAINST CONTRACTOR CLAIM tabulation sheet for all claims seeking compensation, damages and/or penalties of $50,000 or more arising from or relating to Contractor's aWeged poorwor1<manship, incomplete perfonnance, defective work, unexcused delays in completion (liquidated damages), asserted by an owner and/or Perfomnance/Payment Bond sureties against the Contractor within the last five (5) years which are currently pending or were resolved with the result that Contractor, its surety or insurer was required to pay to owner, or was assessed a deduction in the contract price by owner, an amount of 40% or more of the highest amount sought by the claim. Such claims consist of those which are pending, or were resolved by a final decision in an artDitration or lawsuit, or in mediation. A sianature by the Contractor's sole proprietor, general partner, or corporate officer Is required on Form A. If signed by other than the sole proprietor, a general partner or corporate officer, attach original notarized power of attorney or corporate resolution. CONTRACTOR AGAINST OWNER CLAIM Provide the information requested below for the entity listed in Item II.A or any Parent Companies/Corporations that are owners or part owners of the entity listed in Item II.A. Complete a separate FORM B - CONTRACTOR AGAINST OWNER CLAIM tabulation sheet for all claims seeking $50,000 or more for compensation in excess of the contract amount (inclusive of the Professional Resume TURPIN Sc RATTAN ENGINEERING. INC. CONSULTING ENGINEERS DALE FRANCHAK, PE Electrical Engineering Manager / Associate Mr. Franchak acts as Electrical Engineering Manager for the San Diego Branch of Turpin & Rattan Engineering, Inc. and brings with him over 38 years of experience In the design of electrical systems for various types of built environments. He has extensive design and engineering experience involving large commercial space, office space, research and development facilities, mission-critical facilities, data centers, healthcare facilities, military facilities, telecommunications, and educational facilities. These projects involved lighting design, normal/emergency power distribution up to 15kV, emergency generators, UPS and standby power distribution design, cogeneration, grid-tied solar photovoltaic (PV) systems, fire alarm and security system design, switchgear equipment layouts, and specification and cost opinion preparation. Mr. Franchak has designed electrical distribution systems with various levels of redundancy and complexity for many mission critical facilities, Mr. Franchak has excellent familiarity with building mechanical, structural and architectural systems and site civil engineering design through many years of coordination with these design disciplines. He works closely with the entire A/E design team to provide support and anticipate interdisciplinary needs. Mr. Franchak's years of experience contribute to a thorough knowledge of electrical and building codes. He is familiar with energy efficient system design including USGBC LEED and excels at Incorporating client based standards when required. Mr. Franchak Is also well versed in fast track, design/build and other time- sensitive project delivery methods. SELECTED EXPERIENCE - PHOTOVOLTAIC SDSU Aztec Recreation Center Photovoltaic System - San Diego, California: Design/build project to add a 243kW grid-connected photovoltaic system to the existing Aztec Recreation Center (ARC). All arrays were roof- mounted. Completed 2012. UCSD Roof Mounted Photovoltaic Arrays - San Diego, California: Design/ build project to add new photovoltaic (PV) systems totaling approximately 750kWac comprised of roof-mounted arrays, grid-connected, at seven (7) sites on the University of California - San Diego (UCSD) campus. SDSU Aztec Student Union PS-1 Photovoltaic System - San Diego, California: Design/build project to add a 356kW grid-connected photovoltaic system to the existing PS-1 parking structure. Bl-polar arrays were installed on new shade carport structures. Project included a medium-voltage grid ,,10'- connection to the campus 4.16kV electrical system, and new lighting design ror the upper level parking. Completed 2011. REGISTRATIONS • P.E. Arizona #27563 • P.E. California #En533 • P.E. Florida #34628 • P.E. Nevada #10263 • P.E. Oregon #16851PE • P.E. Pennsylvania #028633-E PROFESSIONAL MEMBERSHIPS National Fire Protection Association International Association of Electrical Inspectors American Society of Military Engineers AWARDS lESNA Internation Illumination Design Award for Scripps Crossing, University of California, San Diego EDUCATION New York University, BS Electrical Engineering - 1974 Mechanical • Electrical • Plumbing • Technology Engineers I Los Angeles • San Diego • San Marcos Harold Rhodes CAD/Design Manager Mr. Rhodes is an insightful, resuhs-driven CAD manager with notable success designing solar systems while participating in plarming, scoping, analysis, and implementation of solutions in support of project objectives. Resourceful and efficient, Mr. Rhodes brings an extensive knowledge base and experience in all aspects of design-based businesses. As an outstanding project leader, Mr. Rhodes coordinates and directs all phases of project based efforts while managing, motivating and guiding an experienced and professional engineering team. Mr. Rhodes acted as CAD/Design Manager for US Food and Drug Administration, for Southem Califomia Edison, 2014, Stone Brewery, 2013, and many other large scale roof-mount PV projects. Areas of Expertise: • Customization & Productivity Tools • AutoCAD 2D / 3D / Revit / BIM Design • Team and Project Leadership • Programming AutoLISP / DCL / HTML • Research, Design and Development • Creo / PV Syst / PV Watts / 3D Studio Max Technical Proficiencies Platform: Microsoft Windows 7 Pro / XP Pro / Small Business Server / Linux / Unix / DOS Networking: TCP/IP, Ethemet (CATS, RJ45), AppleTalk, Cisco Wireless, all modems & routers Languages: AutoLISP, AutoCAD DCL, Visual BASIC, HTML, XML, general batch and scripting. Tools: Adobe CS, Acrobat, Gee Plan center & Reprodesk, Planwell, Microsoft Office Suite Professional Experience Independent Energy Solutions, Vista, CA 2011 - Present Dedicated to producing, managing, designing and permitting complete construction documents of photovoltaic systems, while directing stmctural and electric engineering efforts. Play a key centerpiece role to sales, marketing and production by the implementation and management of research, engineering and presentation documentation. Key Achievements: • Implemented process and stmcture to existing procedures. • Created CAD templates to ensure consistence of design application. • Rationalized the process of distributing constmction and engineering documentation. Harold Rhodes Page Two Envision Systems, Murrieta, CA 2009 - 2011 Independent consultant providing CAD services in disciplines from Civil to electro-mechanical design projects along with reverse engineering of several products. Key Achievements: • Delivered all project on time and with the highest quality. • Provided leadership for CAD and Engineering function. Davidson Reinforcing, San Marcos, CA 2008 - 2009 Production Manager / CAD Designer Improved overall design and engineering work flow. Supervised daily activities of designing reinforced concrete foundations. Implemented a document management system for sensitive, proprietary design constmction documents in conjunction with new design templates. Key Achievements: • Streamlined the process of distributing constmction and engineering documentation. • Designed and implemented an entirely new synergistic line of document templates, including CAD design templates linked with spreadsheets and engineering documents. Universal Reprographics SD Inc. San Diego, CA 2004 - 2008 Production Manager / Information Technology Specialist Performed cost benefit analysis on all reconmiended strategies. Supervised daily activities of computer security, network administration, and managed four separate production facilities. Stimulated sales team with training sessions and current document management systems knowledge coupled with facility management support. Key Achievements: • Instmmental in developing and implementing an entirely new digital services department using only existing persormel, adding an extra 15% contribution in sales. • Spearheaded implementation of a complete on-line document management system, providing training and administration for production and sales staff. Enterprise Technical Services, Chico, CA 1999 - 2004 Owner / General Manager Started and managed a full service digital reprographics and engineering services company offering rapid prototyping / 3d printing and mold design using ProE and Mechanical Desktop. Key Achievements: • Formed a large and broad customer base with a 99.5% customer satisfaction rate. • Surpassed a milestone goal of $1 million in 3 years, 8 months ahead of schedule. • Recognized for outstanding quality of customer service and commendations from clients. Harold Rhodes Page Two Gulp & Tanner Structural Engineering, Chico, CA 1995 - 1999 Project Designer / IT / Programmer Recommended and hired to single handedly migrate the drafting department fi-om an antiquated, obsolete yet highly customized CAD system over to AutoCAD. Designed and implemented a Network system with AutoCAD deployment. Key Achievements: • Increased proficiency by building in standardization in all customized components, generating higher levels of consistency eliminating the chance of propagating errors. • Authored over 250 new highly productive AutoLISP programs, drawing templates, and scripts, reducing the average drafting throughput time by more than 60%. • Established procedures incorporating all aspects from design to print, leading to major improvement in productivity, and ultimately increasing profits by 23%. Fleetwood Motor Homes, Riverside & Chico, CA 1990 - 1995 Lead Drafter / Staff Designer Designed and developed a modularized harness system with multi-pin cormectors and circuit boards which inevitably revolutionized the way all motor homes and trailers at Fleetwood were manufactured. Introduced a new method of prototyping front and rear caps using solid modeling to generate 3D grid system made out of thin PVC, produced using CNC milling. Key Achievements: • Coordinated development of all new power platform chassis design, utilizing lighter stronger materials used in the aerospace industry to be introduced into all new models. • Using solid and surface modeling, designed many innovations that were highlighted as patented sales features like a massive 67 cu. ft. rear pass through storage compartment area, automatic generator slide-out, reverse gravity luggage doors, and more. Education Orange Coast College, Costa Mesa - Piatt Technical College, San Diego - San Diego State University, San Diego Associate of Science Degree in Engineering Associate Degree in Electro-Mechanical Design Bachelor's Degree in Business Administration Professional Certifications MCSA: Windows Server / MS Project / A+ MCSE: Data Platform, Share Point, Communications, Server Infrastructure AutoCAD Certified Expert Planwell Enterprise Administrator Philip Crosby's Quality Improvement process Hold two patents personally and six in joint with Fleetwood Motor Homes Omar S. Equihua - Director of Construction# Relevant Experience Independent Energy Solutions Inc. March 2010-Present Electrical Foreman • Hands on construction and labor/material management of projects varying from 50kw thm 1 Megawatt system throughout southem Califomia for utility, private sector and govemment agencies. • Incorporate assistance in balance of system, constmction design and layout with engineering/design team. • Responsible for a safe and positive envirormient to efficiently complete a quality project within assigned budget. Additional Professional Experience NEI Contracting and Engineering, Inc. July 212009-March 2010 Foreman • Specialized in airport mnway lighting. • Expanded and became a prime general contractor self performing all electrical scopes of work for various federal projects nationwide. • Completed jobs include Nellis AFB T.L, New Mexico Border Patrol ammunition storage facility. White Sands Battalion Headquarters, and Alameda Coast Guard Island high security Information Technology building. • Focusing on electrical scope of work and RFP, assisted on various general constmction management assigrmients and work in order to receive a letter of excellence on final project. Rock Electric Inc. Dec. 15 2008 - July 21 2009 Leadman/Foreman • As lead man, worked in conjunction with general foreman to manage and construct a two story school addition, a two story parking stmcture and additional power distribution gear for new addition on Trabuco High School in Mission Viejo. • Assisted on a high production 4 story, 160 rooms T.I. (BEQ), with laundry room, entertainment center and site lighting on Camp Pendleton. A.J. Kirkwood and Associates Oct. 23 2006 - Dec. 14,2008 Leadman/Foreman • Working with field general foreman and general contractor would plan and execute all phases of electrical constmction of two hotels (Hilton and Marriott in Point Loma) back-to-back with a combined room count of over 500, which 300 of them being extended stay type with fiilly equipped kitchens. • Other projects successfully completed include a ten story remodel of a Marriott in Mission Valley, CA with generator addition, full kitchen equipped as a restaurant, dining room remodel and a retrofit to existing egress lighting to meet state and local building requirements. Rock Electric Inc. Jun.2004 - Oct.23 2006 Leadman/Foreman • Coordinated thm superintendent and foreman material take-off for job site. • Provided layout for journeyman and apprentice with tasks. • Created work plans and progress reports for either superintendent or lead electricians. Omar S. Equihua - Director of Construction# Executive Summary Mr. Equihua offers strong skills and knowledge in the electrical constmction industry while providing and maintaining a strong and positive atmosphere through teamwork and leadership. Mr. Equihua brings experience in residential, production, commercial, light industrial, commercial photovoltaic and quality control/quality assurance. His professional ability to create efficient documentation on work progress, issues, revisions and labor/material management is evidenced in his work. Applicable Projects Mr. Equihua has worked in the commercial constmction division of IES for over four years and brings over 14 years of electrical constmction experience including a four year apprenticeship. Omar has overseen and built more than five megawatts of solar over the course of his career, with clients such as the federal, state & local govemments, bio- medical companies, and large hotels. As Director of Constmction, Omar oversees every project IES installs. He is responsible for job site inspection safety, QC/QA and overall customer satisfaction. Omar has worked on similar projects; USFDA for SCE, Stone Brewery in Escondido, CA, and Naval Air Station North Island - Coronado, CA among many other projects. Most recent successful projects consist of; SDSU 398kw parking stmcture, Solaron inverter w/ new 500kva, 4160v primary, 480/277v secondary transformer; GSA 914kw Sunlink system (2) Solaron inverters. Marine Corps AGCC 29 Palms 220kw shade stmcture (2) Satcon inverters. Naval Base San Diego 153kw shade stmcture (2) PV Powered inverters. Qualifications *10 Years electrical field experience. (4-H years foreman) *2 Years commercial photovoltaic experience. (2 years foreman) *2 Years general constmction preventative maintenance and QC/QA. * Experience in military, federal, schools, hospital, hotels, residential, bio-medical, light industrial, utility underground, and Tenant Improvement. Education -Associated Builders and Contractors Apprenticeship (4 years) -H.M. Pitt Labs Inc. (asbestos training) -Ericos Cad weld Training -Arc Flash Training -Electrical Inspection Training (SDSU) -CIO License -CPR Certified -Certified General Electrician (No. 124823) -EM 385-1-1 -OSHA 30, OSHA 10 -Competent Person Shoring and Trenching and Competent Person Fall Protection -Federal Badge Clearance (GSA) Omar S. Equihua - Director of Construction# • Maintained C/QA throughout entire project and maintain updates with company, w Perform general electrical installation on jobsite. • Maintained inventory of material and labor hours on project. Rockwell Electric Inc. July 2002 - Jun. 2004Apprentice /Lead man • Developed experience and knowledge in a wide range of commercial electrical constmction from Prop MM work on schools, military housing for MCAS Miramar, new from ground up BMW dealership for Penske and custom homes. • Gained confidence and experience in electrical constmction, material handling, labor management, importance of persormel protection, constmction management and motivation. Pemberton's Construction and Electric Sept. 1998-July 2002 QC/QA & Electrical Trainee • Scheduled and performed job walks providing documentation on quality control and preventative maintenance. • Created job invoices to correct issues on site containing material take-off, detailed description of issue and estimate time to complete. • Performed basic repair procedures and final bill out's to customers. Ryan Springer Certified Joumeyman Electrician/Foreman/Superintendent Professional Summary The majority of Mr. Springer's experience has been in the commercial solar energy field in management and supervisory positions. As a Califomia State certified Joumeyman Electrician, Mr. Springer has built a solid reputation for workmanship, leadership ability, commitment, and attention to detail. Mr. Springer is strives for and delivers quality installations that come in on schedule and under budget with excellent customer recognition. Mr. Springer is experienced in all forms of the electrical trade including: solar, lighting, inside work, underground, clean power rooms, UPS, switchgear, transformers, cable tray, hydraulic conduit bending, cable pulling, termination, testing, and commissioning Certifications Califomia State certified Joumeyman Electrician OSHA 10 and OSHA 30 Forklift/Aerial Lift certifications Demonstrated Experience Independent Energy Solutions, Inc. Employed: June 2014 to Current osition: Electrical Journeyman/General Foreman Customers: Toray Membranes, Food and Dmg Administration, City of Carlsbad, Home Depot M. A. Mortensen Company Employed: Febmary 2014 to June 2014 Position: General Electrical Foreman Customers: SunPower (Eastiake High School, Granger Middle School, Hilltop Middle School, Southwest Middle School) Independent Energy Solutions, Inc. Employed: October 2013 to Febmary 2014 Position: Electrical Joumeyman/Lead Customers: Hunter Manufacturing, United States Marine Corps, SDG&E LLP Energy Inc. Employed: Febmary 2013 to March 2013 Position: Electrical Foreman (testing and commissioning) Customers: AECOM (Kearny High School, Madison High School, Morse High School, Scripps Ranch High School, University City High School) Harbor Electric Three Employed: January 2013 to Febmary 2013 Dsition: Joumeyman Electrician, Electrical Foreman ustomers: ARB Ryan Springer Certified Joumeyman Electrician/Foreman/Superintendent Demonstrated Experience (continued) GEM Industrial Inc. Employed: December 2012 to January 2013 Position: Joumeyman Electrician Customers: Mission Middle School Shorebreak Energy Developers, LLC Employed: July 2012 to November 2012 Position: Electrical Foreman Customers: SunPower (Montgomery High School, Otay Ranch High School, Chula Vista High School, Castle Park High School, Bonita Vista High School, Southwest High School) Martifer Solar Employed: August 2011 to May 2012 Position: Electrical Foreman, Electrical Superintendent Customers: AECOM (Keamy High School, Madison High School, Morse High School, Scripps Ranch High School, University City High School) Silverwood Energy, Inc. Employed: June 2010 to December 2010 „osition: Electrical Superintendent Customers: Samsung Electronics, Southem California Edison/ProLogis Absolute Power Systems Employed: August 2002 to Jime 2010 Position: Joumeyman Electrician, Electrical Foreman (5 years) Customers: PowerLight and SunPower (United States Naval Base Coronado, Visa, City of San Diego, Los Angeles General Services Administration, Alameda County, Inyo Coimty, City of Cathedral City, Santa Clara Valley Health, United States Postal Service, East Bay Municipal Water District, Elsinore Valley Municipal Water District, Sonoma County Water Agency, West Basin Water Treatment Plant, Hennessey Pump Station, Napa Valley College, CSU Hayward, Loyola Marymount University, Hamann Constmction, Sanyo Electronics, Microsoft, Hewlett-Packard, Applied Materials, Roche Pharmaceuticals, FedEx, Costco, Macy's, Target, Wal- Mart, Sam's Club, Lowe's, JCPermey, Donaghy Sales, Domaine Cameros Winery, Rodney Strong Winery, St. Francis Winery, The Wine Service Co-operative) Commercial Energy Systems Employed: July 2002 to August 2002 Position: Solar Installer Customers: United States Naval Base Coronado Solar Electric, Inc. Employed: July 2001 to April 2002 i^jsition: Electrician, Electrical Foreman, Sales (Justomers: Numerous residences in San Diego County Brad Fort Project Manager PROFESSIONAL QUALIFICATIONS With over 14 years of experience managing groups of technical experts, Mr. Brad Fort has developed several core competencies, such as; commitment to customer satisfaction; excellent written and oral communication skills, positive attitude; enjoyment in leaming and meeting new people; supportive team player; ability to work well without supervision; capability to see projects through to completion; and ability to set and accomplish goals. CERTIFICATIONS CA State certified General Electrician NABCEP Certified PV Installer CAPM (Certified Associate Project Manager from Project Manager Institute) OSHA 30 hour EM385-1-1 40 hour (NAVFAC) CQM for Contractors (NAVFAC) CPR/First Aid Certified Fork/boom/scissor lift TECHNICAL SKILLS Field and Crew Supervision Maintenance, troubleshooting and commissioning of solar projects Construction Planning and Scheduling Quality Control Management; Project Management Safety and Compliance Management Microsoft Word and Excel; Read/Interpret Blueprint Plans and Specifications EDUCATION San Joaquin Valley College Online; Visalia, CA Construction Management; Dean's List Associate of Science; 07/11 - 08/12 Mercy Collage Pursuing a dual degree in Mathematics and Economics Anticipated completion 2017 Brad Fort Project Manager WORK EXPERIENCE 11/2014 - current; Independent Energy Solutions; Vista, CA Project Manager • Oversees and directs construction management. • Communicates directly with contractors/designers conceming project cost, staffing, and scheduling. • Prepares project status reports and works to ensure plans adhere to contract specifications. • Leads and directs the work of other constmction professionals. 10/2008 - 06/2011, 08/2011-11/2014; Independent Enerev Solutions: Vista, CA General Foreman • Led work in the solar field on govemment and commercial projects which range from 50kwdc to l.lMWdc and included grid tied and off grid systems. • Worked with Design/Engineering to develop and review plans for assigned projects. • Indentified and managed project dependencies and critical path. • Led pre-constmction walks to plan successful job completion within budget. • Provided onsite leadership and control of subcontractors and temporary field resources • Job safety expert - 0 reportable incidents. • Proactively managed changes in project scope, identify potential problems and devise carefully thought out contingency plans. 06/2011 - 08/2011; Baker Electric: Escondido, CA Residential Lead Installer • Installed residential systems from start to finish including all solar components including racking, panels, inverters, and intemet connections. 04/2007- 04/2008; Firewire Surfboards; San Diego, CA Board Production • Lead the production of boards in a warehouse. • Kept team members on track for production and sales numbers, also aided in R&D of new designs. 10/2004 - 03/2007; Sun Dieso: San Diego, CA Retail Manager • Managed day to day activities of a retail store. • Hired and trained; created weekly schedules; open and close all store registers, creating daily monetary deposits and tracking daily sales. 07/2000 - 07/2003; D.L. Freeman: Palm Desert, CA Superintendent Aide • Assisted the superintendent building custom homes. • Performed tasks such as drywall repair, paint touch up, troubleshooting mechanical, electrical and plumbing problems. • Performed full bath and kitchen remodels. Ken H. Riley Sales Engineer/Project Manager Professional Skills Mr. Riley has worked at IES for five years with a strong background in project development and 18 years in the construction industry overaU. Throughout his career, Ken has managed over $100 million in construction projects and has been invoved in the devlopment and installation of over 15 MW of solar projects. Ken has worked in multiple facets in the construction industry throughout his career, including: Electrician, Construction Superintendent, Project Manager and Estimator. Ken is currently the head of the Pre-Construction division at IES. His extensive background in project development and execution lends itself well to effective design and value engineering of renewable energy systems for IES' Commercial, Federal and Municipal clients. Education California Electrical Contractor (C-10) License Holder Naval Facilities Engineering Command Southwest Division (CQMO-C) (2010) Certified- Constmction Quality Management for Contractors Association of General Contractors (2010) Certified; Competent person - Fall Protection Certified; EM 385- 40 Hour CNA Training (2010) Certified; OSHA 40 Hour National Utilities Contractors Association (2010) Certified- Competent Person Trench Shoring/Excavation California Electrical Trainers (2009-present) Completed electrical certification program awaiting test date Palomar Community College San Marcos, CA (2008- Present) San Diego State College of Extended Studies (2008) Completed courses in reinforced masonry constmction and plan reading Building Industry Association of California (2000- 2008) Completed various seminars in Project Management, Successfiil Supervision of Constmction Professional Experience Independent Energy Solutions. Vista, CA. (2012-current) Sales Engineer/Project Manager • Develops large custom Photovoltaic projects for Commercial, Govemment and Military clients. • Maintains exceptional levels of quality. Safety and client satisfaction • Primary contact for clients, designers, engineers, inspectors and subcontractors • Provides sales, engineering and project management leadership. Ken H. Riley Sales Engineer/Project Manager ""^ Professional Experience (Continued) Independent Energy Solutions. Vista, CA. (2011-2012) Project Estimator • Developed and maintained project estimating platforms • Designed and forecasted costs on commercial, federal and utility projects • Accumulated details and compiled data to estimate all production costs according to specifications. • Considered raw materials, labor, equipment, tools, labor and transportation for estimations. Independent Energy Solutions. Vista, CA. (2010-2011) General Foreman/Superintendent/SSHO/QCM • Held responsibility for all aspects of constmction activity on a variety of differently sized systems. • Developed and reviewed constmction plans for assigned projects. • Responsible for safety, project profit and loss, and adherence to timelines. Urban Chalet L.L.C. San Francisco, CA. (2008-2010) Construction Superintendent • Supervised of all phases of Commercial and high-end residential constmction. • Maintained stringent quality control and adherence to all Califomia and local building codes • Developed budgets, schedules, and material orders at every phase of constmction. • Developed and implemented safety plan and OSHA compliance. Rilington Communities. San Marcos, CA. (2002-2008) Construction Superintendent- Custom Home Division Assistant Superintendent- Production Home Division • Site supervision of 8 custom homes and approximately 190 tract homes in San Diego. • Liaised with project managers, engineers, architects, and local city departments to facilitate all permits and inspections. • Maintained construction budgets, and schedules, including scheduling of all subs. Maintained and enforced stringent safety plan and OSHA compliance. Hammond and Masing Construction. San Diego, CA. (2001-2002) Customer Service Agent / Construction Pick-up, Prep, Framing, and Finish Carpentry • Evaluated and remedied customer service items for large builders. • Hands on repair of various residential constmction issues. B «& E Electric. Alpine, CA. (1996-2001) Electrician • Installed electric systems on residential, commercial, and tenant Improvements. f^- • Evaluated, repaired and installed panels, underground wiring, sub panels, disconnects 'W' and lighting systems. C value of agreed-upon change orders), damages and/or penalties asserted by Contractor against an owners within the last five (5) years, which are currently pending or were resolved with the result that Contractor received 60% or less of the highest amount sought by the claim. Such claims consist of those which are pending, or were resolved by a final decision in an arbitration or lawsuit, or in mediation. "Claim" as used in this section does not include either: (a) agreed-upon contract change orders; or (b) stop notices or litigation to enforce stop notices, but does include subcontractor claims ("pass through" claims) even if the contractor had no interest in the claim. A sianature by the Contractor's sole proprietor, general partner, or corporate officer is required on Form B. If signed by other than the sole proprietor, a general partner or corporate officer, attach original notarized power of attomey or corporate resolution. c OWNER AGAINST DEStGN/BUILDER CLAIM FORMA Use one Form per Lawsuit or Arbitration (Make Copies as Needed) Case Name and Number including Name and Location of Court or Arbitration Service: Date Arbitration or Litigation Commenced: Project Name: Project or Contract Number: Project Location: Street Address City & State Zip Code Name of Owner: Contact Person: Telephone: Name & Title Highest Amount Sought for All Claims: _$ {Amount in Figures) Amount Recovered: $ (Amount in Figures) Method of Resolution (Check One): Judgment: • Arbitration Award: • Litigation: • Settled by Contracting Parties without Litigation or Arbitration: • Other: • List: Date of Claim Resolution: Basis for Claim: If the lawsuit or arbitration was resolved for more than 40% of the highest amount sought for all claims, State why the lawsuit or arbitration should not be considered a meritorious lawsuit or arbitration filed by an owner against Contractor and/or persons or entities associated with Contractor: My signature below signifies my declaration that the answers provided on this Form A are true and correct, Design/Builder's Signature: Printed Name & Title: if signed by other than the sole proprietor, a general partner or corporate officer, attach original notarized power of attorney or corporate resolution. c DESIGN/BUILDER AGAINST OWNER CLAIM FORMS Use one Fotm per Lawsuit or Arbitration I'Ma/ce Copies as Needed) Case Name and Number including Name and Location of Court or Arbitration Service: Date Arbitration or Litigation Commenced: Project Name: Project or Contract Number: Project Location: Street Address City & State Zip Code Name of Owner: Contact Person: Telephone: Name & Title Highest Amount Sought for All Claims: Amount Recovered: $ $ (Amount in Figures) (Amount in Figures) Method of Resolution (Check One): Judgment: • Arbitration Award: • Litigation: • Settled by Contracting Parties without Litigation or Arbitration: • Other: • List: Date of Claim Resolution: Basis for Claim: If the lawsuit or arbitration was resolved for less than 60% of the highest amount sought for all claims, state why the lawsuit or arbitration should not be considered a meritorious lawsuit or arbitration filed by an owner against Contractor and/or persons or entities associated with Contractor: My signature below signifies my declaration that the answers provided on this Form B are true and correct. Design/Builder's Signature: Printed Name & Title: If signed by other than the sole proprietor, a general partner or corporate officer, attach original notarized power of attorney or corporate resolution. ^ VI. REQUIRED COMPLETED ATTACHMENTS 1. Notarized Statement from Surety stating (reference Section 11.F - Financial Capability): a. current available bonding exceeds the project Estimated Construction Cost; b. total bonding capacity; c. Surety(ies) proposed to be used on the project is an admitted surety insurer as defined in the California Code of Civil Procedure Section 995.120; d. Surety (ies) acknowledges its intent to provide bonding of the Project in the event Contractor is awarded the Project. 2. Notarized declaration from your insurance agent/broker/carrier stating that your firm can obtain insurance coverage in the required limits and ratings for the project (reference Section II.F - Insurance). 3. Insurance Certificate (reference Section II.F - Insurance). 4. Letter from Workers' Compensation carrier evidencing your EMR for the last ten years (reference Section II.F - Experience Modifier Rate). A INSURANCE OFFiCE OF AMERICA February 17, 2015 City of Carlsbad RE: Indepencient Energy Solutions, Inc. Insurance Coverage To Whom It May Concern, In regards to the above referenced client we confirm that Independent Energy Solutions (IES) has insurance that meets or exceeds the required limits and ratings. A copy of lES's Certificate of Insurance is attached. Regards, Sonia Gonzales Account Manager On Behalf of Carmen Scoppettuolo, VP Enclosures A notaiy public a 6(her officer cofTipleting this oertificalo verifies only the identity of the irMtoMoal who signed the document to which this certiflcale is attached, and not the tnithfulnese, aocuracy.g validity ofthat document STATE OF CALIFORNIA COUNTY QF^P^^A \3\£(cn O Subscribed and sworn to (or ajfirmed) before me on Ihis q_dayofiiej^,20i^bv ^^.K.VK C^/, i^^^_A proved to me on the basis of satisfacKJiy evidence lo be the person^sf" who appeared before me. CI|^ ' (Signature ofNolary) ALEX MARCZYNSKI Commission No. 1995865 o NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY t Commission Expires October 28,2016 4350 La Jolla Village Drive, Suite 900, San Diego, CA 92122 Phorre: 619-574-6220 * Fax: 619-574-6288 Website: www.ioausa.com INDEENE-02 GONZALESS CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 2/13/2015 j: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS "RRTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ^ LOW. 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 pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions ofthe policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER License # 0E67768 lOA Insurance Services 4350 La Jolla Village Drive Suite 900 San Dlego, CA 92122 CONTACT NAME: PRODUCER License # 0E67768 lOA Insurance Services 4350 La Jolla Village Drive Suite 900 San Dlego, CA 92122 So. Ex,. (619) 574-6220 TA^/^ NOI: (619) 574-6288 PRODUCER License # 0E67768 lOA Insurance Services 4350 La Jolla Village Drive Suite 900 San Dlego, CA 92122 E.MAIL ADDRESS: PRODUCER License # 0E67768 lOA Insurance Services 4350 La Jolla Village Drive Suite 900 San Dlego, CA 92122 INSURER(S) AFFORDING COVERAGE NAIC* PRODUCER License # 0E67768 lOA Insurance Services 4350 La Jolla Village Drive Suite 900 San Dlego, CA 92122 INSURERA Colony Insurance Company 39993 INSURED Independent Energy Solutions, Inc. 1090 Joshua Way Vlsta, CA 92081 INSURER B Peerless Insurance Company 24188 INSURED Independent Energy Solutions, Inc. 1090 Joshua Way Vlsta, CA 92081 INSURER C State Compensation Insurance Fund of CA 35076 INSURED Independent Energy Solutions, Inc. 1090 Joshua Way Vlsta, CA 92081 INSURER D INSURED Independent Energy Solutions, Inc. 1090 Joshua Way Vlsta, CA 92081 INSURER E INSURED Independent Energy Solutions, Inc. 1090 Joshua Way Vlsta, CA 92081 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR POLICY NUMBER POLICY EFF (MM/DD/YYYYl POLICY EXP IMM/DD/YYYYl LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE CPL OCCUR PACE302464 08/01/2014 08/01/2015 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) X Ded: $5,000 PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: POLICY H^E^f DLOC GENERAL AGGREGATE PRODUCTS - COMP/OP AGG OTHER: 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) 1,000,000 ANY AUTO ALL OWNED AUTOS HIRED AUTOS BA8983593 08/01/2014 08/01/2015 BODILY INJURY (Per person) SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB DED X RETENTIONS OCCUR CLAIMS-I 10 EACH OCCURRENCE 5,000,000 MADE ,000 EXC302465 08/01/2014 08/01/2015 AGGREGATE 5,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N • PER STATUTE OTH- ER 9107148-14 08/01/2014 08/01/2015 E.L. EACH ACCIDENT 1,000,000 E.L DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 Prof Ljab./Clm Made Ded.: $5K Per Claim PACE302464 PACE302464 08/01/2014 08/01/2014 08/01/2015 08/01/2015 Per Claim Aggregate 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: City of Carlsbad Safety Training Center Solar PV The City of Carlsbad, Its Agents, Employees and Contractors are Additional Insureds with respect to General Liability and Automobile Liability per the attached endorsements as required by written contract. Including attached Waivers of Subrogation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. Retroactive Date: 03/25/2010 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, City of Carlsbad 1635 Faraday Ave iCarlsbad. CA 92008 AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: EnvirciPACE Coverage Part 1 EnviroPACE Coverage Part 2 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Carlsbad, Its Agents, Employees and Contractors. City of Carlsbad Safety Training Center Solar PV Infonnation required to complete this Schedule, if not shown above, will be shown in the Declarations. XX - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage, environmental damage, or cleanup costs caused, in whole or in part, by your worit at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products-completed operations hazard. However: A. The insurance afforded to such additional insured only applies to the extent permitted by law; and B. If coverage provided to the additional insured is required by a contract or agreement, the insurance 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. EPACE100-0714 Includes copyrighted matenal of Insurance Services Office, Inc., 2012 with its permission. Page 1 of 2 With respect to the insurance afforded to these additional insureds, the following is added to XXI - LIMITS OF LIABILITY AND DEDUCTIBLE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: A. Required by the contract or agreement; or B. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. EPACE100-0714 Includes copyrighted material of Insurance Services Office, Inc., 2012 Page 2 of 2 with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ H CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: EnviroPACE Coverage Part 1 EnviroPACE Coverage Part 2 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations The City of Carlsbad, its Agents, Employees and Contractors City of Carlsbad Safety Training Center Solar PV Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 1. XX - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage, personal and advertising injury, environmental damage, or cleanup costs caused, in whole or in part, by: A. Your acts or omissions; or B. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: A. The insurance afforded to such additional insured only applies to the extent permitted by law; and B. If coverage provided to the additional insured is required by a contract or agreement, the insurance 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. 2. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occunring after: A. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location ofthe covered operations has been completed; or B. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in perfomiing operations for a principal as a part of the same project. EPACE101-0714 Includes copyrighted material of Insurance Services Office, Inc., 2012 with its permission. Page 1 of 2 3. With respect to the insurance afforded to these additional insureds, the following is added to XXI - LIMITS OF LIABILITY AND DEDUCTIBLE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: A. Required by the contract or agreement; or B. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. EPACE101-0714 Includes copyrighted material of Insurance Services Office, Inc., 2012 Page 2 of 2 with its permission. Policy Number: PACE302464 XX. WHO IS AN INSURED Applicable to Coverage Part 1 and Part 2: Each ofthe following is an insured under Coverage Part 1 and Part 2: 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. With respect to all coverages other than Coverage 1F (Employee Benefits Administration Liability), each ofthe following is also an insured: a. Your volunteer workers, but only while performing duties related to the conduct of, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers is an insured for: (1) Bodily injury or personal and advertising injury: (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company); (b) For which there is any obligation to share damages with or repay who must pay damages because of the injury described in (a) (i) above; or (c) Arising out of the providing or failure to provide professional health care services except incidental health care services provided by any physician, dentist, nurse, ennergency medical technician or paramedic who is employed by you to provide such sen/ices and provided you are not engaged in the business of providing such services. (2) Property damage or environmental damage to property: EPACE001-0714 Page | 34 (a) Owned, occupied or used by, or (b) Rented to, in the care, custody or control of, or over which physical %^ control is being exercised for any purpose by you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your employee or volunteer worker), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Policy. 3. Any subsidiary, associated, affiliated or allied company or corporation, including subsidiaries thereof, of which you have more than 50% ownership interest as of the inception date is a Named Insured; however, such entities shall cease to be a Named Insured if you cease to maintain more than a 50% ownership interest. 4. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage under this Policy does not apply to any bodily injury, property damage, environmental damage or pollution condition that took place, or an offense or wrongful act committed, before you acquired or formed the organization. 5. Any person or organization with whom you agree to include as an insured pursuant to a written contract, written agreement or permit is an insured, but: (i) only with respect to bodily injury, property damage, personal and advertising injury, environmental damage or clean-up costs caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf and arising out of your operations, your work, equipment or premises leased, rented or owned by you, or your products which are distributed or sold in the regular course of a vendor's business; (ii) only for the lesser of the applicable limits of liability set forth in SECTION XXI. - LIMITS OF LIABILITY AND DEDUCTIBLE or the minimum limits of liability required by such written contract; (iii) the insurance afforded only applies to the extent permitted by law; (iv) the insurance afforded will not be broader than that which you are required by the contract or agreement to provide for such insured. However: EPACE001-0714 Page | 35 a. A vendor is not an insured as respects bodily injury, property damage, environmental damage or clean-up costs arising out of: (1) Damages the vendor is obligated to pay by reason of the assumption of liability in a contract or agreement except for any damages that the vendor would have been obligated to pay in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from you, and then repackaged in the original container; (5) Any failure to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's location in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) The sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this subparagraph does not apply to: (a) the exceptions contained in subparagraphs (4) or (6) above; or (b) such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 6. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects bodily injury, property damage, environmental damage, personal and advertising injury or clean-up costs: a. Arising out of any occurrence, offense, pollution condition, or wrongful act that takes place after the equipment lease expires or you cease to be a tenant; or b. Arising out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lesser of premises, or mortgagee, assignee, or receiver. 7. Solely with respect to Coverage 1F (Employee Benefits Administration Liability), each of the following is an insured: EPACEOOI-0714 Page | 36 a. Each of your employees who is or was authorized to administer your employee benefits program, b. Any persons, organizations or employees having proper temporary authorization to administer your employee benefits program if you die, but only until your legal representative is appointed. 8. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Policy. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Applicable to Coverage 3 - Professionai Liability The following person(s) or entity(ies) are an insured under Coverage 3 Professional Liability: 1. the first named insured and other named insured(s) expressly added to Item 1 of the Declarations; 2. any of your current or former directors, officers, partners, members, employees, or shareholders, as applicable, while acting within the scope of his or her duties as such, but only while rendering professional services on behalf of a named insured; and 3. the estate, heirs, executors, administrators and legal representatives of each named insured in the event of death, incapacity or bankruptcy of such Insured, but only with respect to liability arising out of professional services rendered by a named insured prior to such death, incapacity or bankruptcy, and only to the extent that coverage would have been provided under Coverage 3 Professional Liability. XXI. UMITS OF LIABILITY AND DEDUCTIBLE Regardless of the number of claims, suits, claimants or insureds, the following limits of liability apply: 1. Limits Applicable to Part 1 Coverages a. General Aggregate Limit and General Aggregate Cap (1) The General Aggregate Limit set forth in Item 3 of the Declarations is the most we will pay for all loss under all Part 1 Coverages except: (i) damages because of bodily injury, property damage or environmental damage included in the products-completed operations hazard, and (ii) crisis management costs that result from a crisis management event arising directly from your product. (2) Subject to subparagraph (3) below, the General Aggregate applies separately to: (a) loss covered under Coverages 1A and 1E arising from occurrences at any one location that you own or rent; and EPACE001-0714 Page | 37 (b) loss covered under Coverages 1A and 1E arising from your on- going operations at any one job site. (3) Regardless of the number of locations or job sites, the General Aggregate Cap set fori:h in Item 3 of the Declarations is the most we will pay for all loss under all Part 1 Coverages except: (i) damages because of bodily injury, property damage or environmental damage included in the products-completed operations hazard, and (ii) crisis management costs that result from a crisis management event arising directly from your product. b. Products - Completed Operations Limit The Products-Completed Operations Aggregate Limit set forth in Item 3 of the Declarations is the most we will pay for all: (i) damages under Coverages 1A and 1D because of bodily injury, property damage or environmental damage included in the products-completed operations hazard, and (ii) crisis management costs that result from a crisis management event arising directly from your product. c. Each Occurrence Limit Subject to Paragraph 1 ,a. or 1 .b. above, whichever applies, the Each Occurrence Limit set forth in Item 3 of the Declarations is the most we will pay for all loss under Coverages 1 A, IC, 1D and 1E arising out of any the same, related, continuous or repeated occurrence(s) or pollution condition(s), d. Personal and Advertising Injury Limit Subject to Paragraph 1 .a. above, the Personal and Advertising Injury Limit set forth in Item 3 ofthe Declarations is the most we will pay for all loss under Coverage 1B sustained by any one person or organization. e. Employee Benefits Administration Limit Subject to Paragraph I.a. above, the Employee Benefits Administration Limit of Liability set forth in Item 3 of the Declarations is the most we will pay under Coverage 1F for all loss sustained by any one employee, including loss sustained by such employee's dependents and beneficiaries, arising out of the same, related, continuous or repeated wrongful act(s). However, the amount paid under this Policy shall not exceed, and will be subject to, the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefits program. f. Crisis Management Costs Limit - Coverage IG Subject to Paragraph 1 .a. or 1 .b. above, the Crisis Management Costs Limit set forth in Item 3 of the Declarations is the most we will pay for all crisis management costs under Coverage IG. g. Damage to Premises Rented to You Limit Subject to Paragraph 1 ,c. above, the Damage to Premises Rented to You Limit set forth in Item 3 of the Declarations is the most we will pay under Coverage 1A for all loss because of property damage to any one premises, while rented to you, or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner, EPACEOOI-0714 Page | 38 Policy Nunnber: BA8983593 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the foilowing: BUSINESS AUTO COVERAGE FORM SECTION II - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership pr joint venture, over which you maintain ownership or a majority irrterest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e: Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f Any volunteer or employee of yours while using a (Covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to youtiy a govemmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contraet" or written agreement; or (b) the permit has been issued to you. GECA 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 1 of 4 ^ 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required tjecause of an "accident" we cover. We do not have to furnish these bonds (4) All reasonable expenses incurred t)y the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. SECTION III - PHYSICAL DAIVIAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or txDrrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of: (1) $50,000 (2) The actual cash value ofthe damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen praperty with other property of like kind and quality. If you are liable for the "accident", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver 6. Rental Reimbursement Coverage V\fe will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" tjecause of "loss" to a covered "auto". Rental Reimbursement will be tiased on the rental of a comparable vehicle, which in many cases may be sutstantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". GECA 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 2 of 4 '''•fa**' If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay Under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 7. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means: the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.C does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use ofthe power from the "auto's" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system; or (b) An integral part ofthe same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console ofthe covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 3 or 4 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2 Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. Tb the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out ofthe accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuantto the provisions ofthe "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. GECA 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 4 of 4 STATE CONIPENSATION IIUSURANCB UND ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION REP 04 BLANKET BASIS 9107148-14 NEW SP HOME OFFICE 0-31-64-19 SAN FRANCISCO EFFECTIVE AUGUST 1, 2014 AT 12.01 A.M. PAGE 1 OF ALLtFFEcnvb UATfcSARE AND EXPIRING AUGUST 1, 2015 AT 12.01 A.M. AT 12,01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANnfiRD TIMF INDEPENDENT ENERGY SOLUTIONS, IN 1090 JOSHUA WAY VISTA, CA 92081 WE HAVE TIIE RIGHT TO RECOVER OUR PAYMEtTTS FROM ANYOHE LIABLE FOR At^ IHJURY COVERED BY THIS POLTCY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR OKGANIZATIOH NAMED IM TOE SCHEDULE. THIS AGREEMEITT APPLIES ONLY TO T-HE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT TIIAT REQUIRES YOU TO OBTAIN TTIIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR -nUS ENDDRSEMENF SHALL HK Z.DQZ OF TOE TOTAL POLICY PREMIUM. SCHEDULE PERSON OH ORGANIZATION JOB DESCRIPTION pm PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH TOIS WAIVER NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OB EXTEND ANV OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLtCY OTHER THAN AS STATED NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS. AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT COUNTERSIGNED AND ISSUED AT SAN FRANCISCO AUGUST 5, 2014 / 2572 AUTHORIZED REPFlESE^TA'fiVE PRESi::it:NT AND CEO SC^F FORM 10?17 lREV.I-?Cl?.i ^ ' Risk Summary Report Bureau Number: 31-64-19 Date Created: April 18, 2014 c Risk's Primary Name and Mailing Address: INDEPENDENT ENERGY SOLUTIONS, INC. 1090 JOSHUA WAY VISTA. CA 92081 Rating Year X-Mod Type Rerate 2014 69 Original 2013 70 Original 2012 2011 2010 73 81 74 Original Rerate Original 2009 2008 Class Code 87 Rerale Original Inspected Description 3724 No Millwright Work Class Code Suffix Inspected Description 3724 02 Yes Electrical Machinery Installation,repair 8742 01 Yes Salespersons-Outside 8810 01 Yes Clerical Office Employees INDEPENDENT ENERGY SOLUTIONS, INC. Workers' Compensation Insurance Rating Bureau of Califomia^ VII. DECLARATION DECLARATION Linda Strand I, Printed Name of Independent Energy Solutions hereby declare that I am the President & CEO Title submitting this Questionnaire; that I Company Name am duly authorized to execute this Questionnaire on behalf ofthe DB Team; and that all information set forth in this Questionnaire and all attachments hereto are, to the best of my knowledge, true, accurate and complete as of its submission date. I declare, under penalty of perjury, that the foregoing is tnje and correct and that this declaration was executed at 1090 Joshua Way, Vlsta Location and City State of California state County of San Diego County County on 2/17/2015 Date Signature Linda Strand Printed Name If signed by other than the sole proprietor, a general partner, or corporate officer, attach original notarized power of attorney or corporate resolution. of Carlsbad Public Works - Contract Administration January 29, 2015 ADDENDUM NO. 1 RE: SAFETY TRAINING CENTER SOLAR PV Please include the attached addendum in the Request for Qualifications you have for the above project. ********** ********** Carefully note the changed dates and time. This page—receipt acknowledged—must be included in your proposal when your proposal is submitted. KEVIN L. DAVIS Sr. Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 @ CITY OF CARLSBAD Safety Training Center Solar PV Request for Proposals Addendum No. 1 From: Jesse Zunke, Public Works Supervisor Phone: (760)434-2992 Email: Jesse.zunke@carlsbadca.gov Date: 1-28-15 ***SITE VISIT HAS BEEN RESCHEDULED TO 1:00PM on February 3,2015*** ***PROPOSAL DUE DATE HAS BEEN CHANGED TO 2:00 PM on February 18. 2015*** CITY OF ^ CARLSBAD w Contract Administration www.carlsbadca.gov February 13, 2015 ADDENDUM NO. 2 RE: SAFETY TRAINING CENTER SOLAR PV Please include the attached addendum in the Request for Qualifications you have for the above project. This page-receipt acknowledged-must be included in your proposal when vour proposal is submitted. RHONDA HEATHER Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's Signature 1635 FaradayAvenue, Carlsbad, CA 92008-7314 T 760-602-4677 F 760-602-8562 ® CITY OF CARLSBAD Safety Training Center Solar PV Project Request for Technical and Pricing Proposals Addendum No. 2 From: Jesse Zunke, Public Works Supervisor Phone: (760) 434-2992 Email: jesse.zunke@carlsbadca.gov Date: February 13, 2015 Proposal Due Date: February 18,2015; 2:00 pm Response to RFI's Sign-In Sheet RFI #1 Reference: I. General; B. Scope of Work; Paragraph 3: "Two 3" conduits have been placed from the main electric service room to each planter area, as shown in EXHIBIT "A"." Question: Please clarify if there are conduits, how many, and what size from electrical room to MSB/meter cabinet on west side of facility next to planter area along the street. There is one (1) 2" conduit from the electrical room to MSB/meter cabinet on west side of the facility next to the planter area along the street. RFI #2 Reference: II. DB Team Information, E. Licenses; 1. Design Build Contractor: "The DB Contractor must have a current and active California State Contractor's license "A" General Engineering Contractor and "B" General Building Contractors Classification for this project" Question: Industry Standard is for the DB Contractor to have a "B" license. "A" license is for larger infrastructure and engineering projects such as bridges, dams, canals, and roads... Please clarify "B" license on is sufficient for this program For all references to the requirements for an A AND B GC License, this is changed to an A OR B license. RFI #3 Reference: II. DB Team Information, E. Ucenses; 2. Key Subcontractor A: Solar PV Supplier.: "The Key Subcontractor A must have a current and active California Contractors license with a "C-46 and C-10" Contractors Classification for this project. Question: Industry Standard is for the Key Subcontractor C-10 and/or C-46 license. For all references to the requirements for a C-46 AND C-51 License, this is changed to a C-46 OR C-10 license. RFI #4 ^Reference: II. DB Team Information, E. Ucenses; 3. Key Subcontractor B: PV Panel Mounting System.: "The Key I^Subcontractor B must have a current and active California Contractors license with a "C-Sl" Contractors Classification for this project. Comment: C-51 Structural Steel Classification is for installation of structural steel. Rooftop racking systems are pre-engineered systems comprised of light gauge steel members bolted together with the intent of supporting modules with an average dead load of under 5lbs per sift. The rooftop racking systems do not support any substantial live loads, and are not structural in nature. The "C-51" Contractors Classification is not necessary or pertinent for this project scope. RFI #5 Reference: Design Build Team Prequalification Evaluation; Design Build Team - Completed Project Experience Question: If DB Contractor proposes to self-perform any ofthe proposed Subcontractor A or B scopes and can demonstrate proven ability and previously completed projects completed using this approach is it necessary to utilize separate sub-contractors? will DB contractor still receive equal points if they can demonstrate previously completed projects using this approach? Yes, the DB contractor will still receive equal points if they can demonstrate previously completed projects. RFI#6 Reference: Exhibit B Proposal Financial Spreadsheet; cell D9 "EPBB Annual kWh Production" Question - EPBB does not properly model SunPower modules kWh production due to the unique nature of the module composition resulting in an inaccurate overall ROI. Is it acceptable to use PV SIM, and alternate modeling tool, to accurately model SunPower modules in lieu ofthe EPBB to provide an accurate depiction of the project performa? Please provide the EPBB and any additional calculations, with supporting information, with your proposal. RF1#7 Per project specification section 3.4.1, the design build entity on the project warrants the workmanship for 10 years and guarantees ntodular output for a period of 2S years. Please provide warrant)' and performance guarantee documentation. Please submit a not voluntary change ifan extended warrant)' would increase costs. The "Guarantee to Repair Period" that the City is requesting can be found in Section 12,2.1. 2 of 2 5 > CARLSBAD Contract Administration www.carlsbadca.gov February 17, 2015 ADDENDUM NO. 3 RE: SAFETY TRAINING CENTER SOLAR PV Please include the attached addendum in the Request for Qualifications you have for the above project. This page - receipt acknowledged - must be included in your proposal when it is submitted. RHONDA HEATHER Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3 Bidder's Signature ^ 1635 Faraday Avenue, Carlsbad. CA 92008-7314 T 760-602-4677 F 760-602-8562 © CITY OF CARLSBAD Safety Training Center Solar PV Request for Proposals Addendum No. 3 From: Jesse Zunke, Public Works Supervisor Phone: (760)434-2992 Email: Jesse.zunke@carisbadca.gov Date: 1-28-15 **PROPOSAL DUE DATE HAS BEEN CHANGED TO 2:00PM on February 23,2015** > CARLSBAD Contract Administration www.carlsbadca.gov February 18, 2015 ADDENDUM NO. 4 RE: SAFETY TRAINING CENTER SOLAR PV Please include the attached addendum in the Request for Qualifications you have for the above project. This page - receipt acknowledged - must be included in your proposal when it is submittei RHONDA HEATHER Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 4 Bidder's Signature fc' j** 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4677 F 760-602-8562 ® CITY OF CARLSBAD Safety Training Center Solar PV Request for Proposals Addendum No. 4 From: Jesse Zunke, Public Works Supervisor Phone: (760)434-2992 Email: Jesse.zunke@carlsbadca.gov Date: 1-28-15 **PROPOSAL DUE DATE HAS BEEN CHANGED TO 2:00PM on February 23, 2015** Substitute for Article 14 Section 14.2 Prevailing Wage Rates in the General Conditions PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as detennined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act" The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract fbr work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the perfomnance of any contract for public work, unless cunrentiy registered and qualified to perfomi public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. RFI: Reference: I. General; II DB Team Infonnation; pg. 17 Experience Modifier Rate: "Submit a letter from your Workers' Compensation carrier showing your Experience Modifier rate for the last ten years," Question: Is it sufficient to submit a letter with our Experience Modifier rate for the last 7 years? Seven years is the amount of time specified in the Risk Summary Reports provided by the Workers' Compensation Insurance Rating Bureau of Califomia. Section II. Design Buikl Team Infomiation asks for the Company's Experience Modifier Rate for the last five (5) years. Ccityof Carlsbad Safety Training Center Solar PV AGREEMENT THIS AGREEMENT is made as of the _ 20 IS. between the City of Carisbad (the "City"), . day of. whose address for notices is: 1200 Carlsbad Village Drive Carlsbad, CA 92010 and Design Builder: Independent Energy Solutions, Inc. whose address for notices is: 1090 Joshua Way Vista, CA 92081 for the Project: Safety Training Center Solar PV System City's Responsible Adnninistrator: City Manager City's Representative is: Joe Garuba or his Designee Municipal Projects Manager whose address for notices is: 405 Oak Carisbad, CA 92008 The City and Design Builder hereby agree as follows: ARTICLE 1 WORK Design Builder shall provide all work required by the Contract Documents (the "Work"). Design Builder agrees to do additional Work arising from changes ordered by the City pursuant to Article 7 of the General Conditions. The Wori< will be performed in Phases identified as follows: Phase 1 - Preliminary Design Phase 2 - Construction Documents Phase 3 - Construction ARTICLE 2 OPTIONS The City may exercise its option for performance of the Work under Phases 2 and 3 by providing a written Notice to Proceed to the Design Builder for performance under either or both of the Phases. The Option for Phase 3 may be exercised not later than 30 days after the expiration of Phase 2 Time or the acceptance by the City of the Construction Documents under Phase 2, whichever is later. If Design Builder has complied with all other terms of the Contract and the City fails to exercise its Option for Phase 3 by such calculated date, the Design Builder agrees that a time extension will be its sole and complete remedy for any damage or loss incurred as a result of the delay in exercising said Option for Phase 3. The City's "OPTIONS" rights under this Article 2 are independent of the "Termination for Convenience" rights as set forth in Article 13, section 13.4 of the General Conditions. DATE, 2013 Agreement C Safety Training Center Cityor SolarPV Carlsbad The City retains the right to terminate this Contract for convenience at any time in accordance with Article 13 of the General Conditions. ARTICLE 3 CONTRACT DOCUMENTS "Contract Documents" means the Advertisement For Design Builder Prequalification, Request for Proposals, Pricing Proposal Form, Proposal Evaluation Process, Project Directory, Preliminary Schedule, Bid Bond, Design Builder's Proposal, Notice of Selection As Apparent Best Value Proposal, this Agreement, General Conditions, Supplementary Conditions,, CAD and BIM Standards, City Standards and Design Criteria, Scope of Work, General Requirements (Division 01), Specifications (Divisions 02-33), Design Professional Rate Schedule for Additional Services, City Furnished Information, Standard Contract Forms (Exhibits), List of Drawings, Project Drawings, Addenda, Notice to Proceed, Change Orders, Notice of Completion, and all other documents identified in this Agreement that together form the contract between the City and Design Builder for the Work (the "Contract"). The Contract constitutes the complete agreement between the City and Design Builder and supersedes any previous agreements or understandings. ARTICLE 4 CONTRACT SUM Subject to the provisions of the Contract Documents the City shall pay to Design Builder, for the performance of the Work, four hundred twenty-nine thousand four hundred seventy ($429,470) dollars, the "Contract Sum" (See 1.1,21 of the General Conditions), for Phases 2 and 3. ARTICLES CONTRACT TIME The time allowed for the completion of Phase 1 shall be as follows: Phase 1 - 60 days The time allowed for the completion of Phase 2 shall be as follows: Phase 2 - Design Builder shall commence the Work for Phase 2 on the date specified in the Notice to Proceed for Phase 2 and fully complete the Work within 90 days, the "Phase 2 Time." The time allowed for the completion of Phase 3 shall be as follows: Phase 3 - The Design Builder shall commence the Work for Phase 3 on the date specified in the Construction Notice to Proceed for Phase 3 and fully complete the Work for Phase 3 within 150 days, the "Phase 3 Time." If the City exercises its Option for Phase 3, the Phase 3 Time will be added to the Contract Time for completion of Phase 2, plus any days between the completion of Phase 2 and the exercise of the Option for Phase 3 to establish a revised Contract Time for completion of all Phases. In the event that the Option for Phase 3 is exercised prior to the completion of Phase 2, the revised Contract Time will be the combined number of days of Phase 2 and Phase 3, By signing this agreement. Design Builder represents to the City that i) the Phase 1 Time, Phase 2 Time, and Phase 3 Time are reasonable for completion of the Work of the respective Phase; ii) the Contract Time (as defined above) is reasonable for completion of the Work of all the Phases; and iii) Design Builder will complete the Work within the Contract Time. DATE, 2013 Agreement Ccity of Carlsbad Safefy Training Center SolarPV ARTICLE 6 LIQUIDATED DAMAGES If Design Builder fails to complete the Work for Phase 2 within the Contract Time and the City has not exercised its option for Phase 3, Design Builder shall pay to the City, as liquidated damages and not as a penalty, the amount indicated below as "Liquidated damages daily rate for Phase 2" for each day after expiration of Contract Time that Work for Phase 2 remains incomplete. If the City has exercised its option for Phase 3 and Design Builder fails to complete the Work for Phase 3 within the Contract Time, Design Builder shall pay to the City, as liquidated damages and not as a penalty, the applicable amount(s) indicated below as "Liquidated damage daily rate for Phase 3" for each day after the expiration of the Contract Time that the Work remains incomplete. After Substantial Completion, the liquidated damages daily rate for Phase 3 shall be reduced to the sum indicated below. The City and Design Builder agree that if the Work is not completed within the Contract Time, the City's damages would be extremely difficult or impracticable to determine and that said amounts indicated below are reasonable estimates of and reasonable sums for such damages. The City may deduct any liquidated damages due from Design Builder from any amounts otherwise due to Design Builder under the Contract Documents. This provision shall not limit any right or remedy of the City in the event of any other default of Design Builder other than failing to complete the Work within the Contract Time. Liquidated damages daily rate for Phase 1 - $ 500.00 Liquidated damages daily rate for Phase 2 - $ 500.00 (on or before Substantial Completion) Liquidated damages daily rate for Phase 3 - $ 500.00 (after Substantial Completion) ARTICLE 7 COMPENSABLE DELAY \^ If Design Builder is entitled to an increase in the Contract Sum as a result of a Compensable Delay, determined pursuant to Articles 7 and 8 ofthe General Conditions, the Contract Sum will be increased by the sum indicated below per day for each day for which such compensation is payable. This Article 7 will apply only if the City exercises its Option for the applicable Phase and only to the extent that Design Builder fulfills requisites proving entitlement to Compensable Delay. Compensable delay daily rate for Phase 3 - $ 0 ARTICLE 8 ASSIGNMENT If this Agreement is terminated prior to the exercise of the City's Option for Phase 3, the Design Builder shall execute an assignment to the City of all contracts with Design Professionals for work to be performed on Phase 2. ARTICLE 9 DUE AUTHORIZATION The person or persons signing this Agreement on behalf of Design Builder hereby represent and warrant to the City that this Agreement is duly authorized, signed, and delivered by Design Builder. ARTICLE 10 DESIGN BUILDER'S COVENANTS AND REPRESENTATIONS Without superseding, limiting, or restricting any other representation or warranty set forth elsewhere in the Contract Documents, or implied by operation of law, the Design Builder makes the following covenants and representations to the City: DATE, 2013 ~ Agreement Jp^', p Safety Training Center \^ City of SolarPV C Carlsbad 10.1 Design Builder and all of its Design Professionals and subcontractors are properiy certificated, licensed and qualified to perform the Work required by the Contract Documents. 10.2 Design Builder accepts the relationship of trust and confidence with the City established by the Contract Documents. Design Builder will cooperate with the City. 10.3 Design Builder and its Design Professionals have carefully examined the site of the Project and the adjacent areas, have suitably investigated the nature and location ofthe Construction Work and have satisfied themselves as to the general and local conditions which will be applicable, including but not limited to: (1) conditions related to site access and to the transportation, disposal, handling and storage of materials; (2) the availability of labor, water, power and roads; (3) normal weather conditions; (4) observable physical conditions at the site and existing site conditions including: size, utility capacities and connection options of external utilities; (5) the surface conditions of the ground and (6) the character and availability of the equipment and facilities which will be needed prior to and during the performance of Construction Work. 10.4 Design Builder and its Design Professionals have suitably reviewed the site survey, record documents, seismic data, preliminary geotechnical and other test reports, environmental documents and any other documentation furnished by the City in the Contract Documents. 10.5 Design Builder and its Design Professionals have carefully reviewed the following Contract Documents to the Design Build Contract: (1) Scope of Work (including Applicable Codes, Rules and Regulations, Energy Requirements, and all other project requirements); (2) the Specifications; and (3) Drawings. Design Builder acknowledges that these Contract Documents establish the scope, level of quality, design intent and the procedures for the development of the design to a state of 100% completion. Design Builder agrees that (1) the Contract Documents depict and describe a design for the Project which is partially complete and may vary in degree of completion from 5% to 95% depending on the particular or specific part of the Project; (2) it will manage, coordinate and fully complete the design; (3) Design Builder will cause its Design Professionals to describe and depict the final design for the Project, as approved by the City, in Construction Documents which will include all information required by the building trades to complete the construction (other than such details customarily developed by others during construction) and (4) it will manage and timely construct the Project in consideration for the City's payment of the Contract Sum. 10.6 Design Builder and its Design Professionals have reviewed the Preliminary Schedule attached to the Request for Proposals and agree that the design and construction tasks and milestones are reasonable and feasible, except as modified by Design Builder's Proposed Contract Schedule, approved by the City. Design Builder also agrees that time is of the essence for the performance of the Work. 10.7 Design Builder agrees that all Construction Documents will be complete, coordinated, and accurate. 10.8 Design Builder agrees that all materials, equipment and furnishings incorporated into or used in the Construction Work will be of good quality, new (unless otherwise required or permitted by the Contract Documents) and free of liens, claims and security interests of third parties. If required by the City, Design Builder will furnish satisfactory evidence as to the kind and quality of the materials, equipment and furnishings. DATE, 2013 Agreement ./^ Safety Training Center \^ City of SolarPV C Carlsbad 10.9 Design Builder agrees that the Work will be of good quality, free of defects and will conform with the requirements of the Contract Documents. Work not conforming to the requirements of the Contract Documents, including substitufions in design or construction not specifically approved or authorized by the City in advance, may be considered defective. 10.10 Design Builder agrees to correct any error(s), omission(s), or deficiencies in the Contract Documents or Construction Documents at no additional cost to the City; however, this provision in no way limits the liability of Design Builder. v.. DATE, 2013 Agreement 4 Ccityof Carlsbad Safety Training Center SolarPV THIS AGREEMENT is entered into by City and Design Builder as of the date set forth above. CITY: THE CITY OF CARLSBAD By: (Signature) Matt Hall (Printed Name) DESIGN BUILDER Independent Energy Solutions. Inc. (Name of Firm) Corporation (Type of Organization) (Stgfigrture) ^ (Printed Name and Title) MAYOR By: (Signature) C ATTEST ^ s Tt^^lyn arbara Enoelson /^CITY CLERK APPROVED AS TO FORM: Celia Brewer Citv Attornev Deputy Citv Attorney (Printed Name) and Title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one office signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporation seal empowering that officer to bind the corporation. Design Builder's California Contractor License(s): Independent Energy Solutions. Inc. (Name of Ucensee) B. C10. C46 / License No. 805159 (Classification and License Number) MARIO LENIN COMA ~ \ COMM. #2103463 z Notary Public • California g San Diego County My Comm. Expires Mar. 16j 2019 [ DATE, 2013 Agreement A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document. State of California County of o before me On fel4l20\S CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature MARIO LENIN CORIA ( COMM. #2103463 z Notary Public • California S San Diago CounW >^Comrn.EipmMaf.f6,20^ (Seal) OPTIONAL INFORIVIATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of t^<iJtJ"r\cf^ \ri^ut'^a-^ QjX^ pages, and dated ^141^1*0 containing The signer(s) capacity or authority is/are as: LJ Individual(s) • • Attorney-in-Fact | ) ^ \ \ Corporate Officer(s) LJ Guardiari/Conservator LJ Partner - Limited/General LJ Trustee(s) • Other: representing; Name(s) of Person(s) or Entity(ies) Signer is Representing Additional Information Method of Signer Identification Proved to me on the basis of satisfactory evidence: I—^ form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page#5-H Entry # \Q| Notary contact: (QR iBl'B ^2*0"^ Other I [ Additional Signer(s) Q Signer(s) Thumbprint(s) • © Copyright 2007-2014 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this forn Independent Energy Solutions Solar Electric Engineering & Construction Meeting ofthe Board of Directors of July 1, 2015 A meeting of the directors and shareholders of Independent Energy Solutions, Inc. was held on July 1, 2015 at which a quorum was present. At this meeting it was resolved that Linda Strand CEO/President and 90% owner ofthe company, may enter into contracts or agreements between the corporation and any corporation, firm, or association including but not limited to proposals, bids and contracts. Certified and Attested to ijljaoiS (date): a Strand, CEO/President In Witness Whereof, I have affixed my name as Secretary and have caused the Corporate Seat of said Corporation to affixed. ecretary of the Corporation Date/ Independent Energy Solutions, Int. 1090 Joshua Way, Vista, CA 92081 USA Ffi: 760 /62 9/06 Fax: 760-752-9758 www indenergysolutions.com CA Lie. No, 805159 Jp^'. Safefy Training Center \^ City of SolarPV Carlsbad GENERAL CONDITIONS TABLE OF CONTENTS Page RECITALS 4 ARTICLE 1 GENERAL PROVISIONS 1.1 Basic Definitions 4 1.2 Ownership and Use of Contract Documents 8 1.3 Interpretation 8 ARTICLE 2 CITY 2.1 Fee and Permit Requirements 9 2.2 Access to Project Site 9 2.3 City's Right to Stop the Work 10 2.4 City's Right to Carry Out the Work 10 2.5 City's Right to Replace City's Representative 10 ARTICLE 3 DESIGN BUILDER 3.1 Review of Contract Documents and Field Conditions by Design Build Entity; Single Point Responsibility of Design Builder 10 3.2 Supervision and Construction Procedures 11 3.3 Labor and Materials 11 3.4 Design Builder's Warranty 12 3.5 Taxes 12 3.6 Pemnits, Fees, and Notices 12 3.7 Applicable Code Requirements 12 3.8 Superintendent 13 3.9 ToxicMaterials 13 3.10 Hazardous Materials 13 3.11 Construction Documents 14 3.12 Weekly Reports 15 3.13 Other Reports 15 3.14 Notice of Labor Dispute 16 3.15 Guarantee 16 3.16 Schedules Required of Design Build Entity 16 3.17 As-Built Documents 18 3.18 Documents and Samples at Project Site 18 3.19 Shop Drawings, Product Data, and Samples 18 3.20 Use of Site and Clean Up 19 2.21 Project Site Maintenance 19 3.22 Cutting, Fitting, and Patching 20 3.23 Access to Work 21 3.24 Royalties and Patents 21 3.25 Differing Site Conditions 21 3.26 Concealed, Unforeseen, or Unknown Conditions or Events 22 ^ , 3.27 Information Available to Proposers 22 12-2-14 Page lof 57 General Conditions Jf/" . Safefy Training Center \^ City of SolarPV Carlsbad 3.28 Liability for and Repair of Damaged Work 22 3.29 Indemnification 23 3.30 Street Closures and Barricades 24 3.31 Allowances/Contractor Controlled Contingency 25 ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 Administration of the Contract by City's Representative 25 4.2 Design Builder Change Order Requests 26 4.3 Claims 28 4.4 Assertion of Claims 29 4.5 Decision of City's Representative on Claims 30 4.6 Mediation (Not Used) 30 4.7 Arbitration 30 4.8 Waiver 30 ARTICLES SUBCONTRACTORS 5.1 Award of Subcontracts and Other Contracts for Portions of the Work 31 5.2 Subcontractual Relations 31 5.3 Contingent Assignment of Subcontracts 32 ARTICLE 6 CONSTRUCTION BY THE CITY OR BY SEPARATE CONTRACTORS 6.1 City's Right to Perfomi Construction and to Award Separate Contracts 32 6.2 Mutual Responsibility 32 6.3 City's Right to Clean Up 33 ARTICLE 7 CHANGES IN THE WORK 7.1 Changes 33 7.2 Changes Definitions 33 7.3 Change Order Procedures 33 7.4 Field Orders 37 7.5 Variation in Quantity of Unit Price Work 37 7.6 Waiver 37 ARTICLE 8 CONTRACT TIME 8.1 Commencement of the Work 38 8.2 Progress and Completion 38 8.3 Delay 38 8.4 Adjustment of the Contract Time for Delay 39 8.5 Compensation for Delay 40 8.6 Waiver 40 ARTICLE 9 PAYMENTS AND COMPLETION 9.1 Cost Breakdown 40 9.2 Progress Payment 41 9.3 Application For Payment 41 9.4 Certificate For Payment 42 9.5 Deposit of Securities in Lieu of Retention and Deposit of Retention into Escrow 43 9.6 Beneficial Occupancy 43 9.7 Substantial Completion 44 '-^^ 12-2-14 Page 2 of 57 General Conditions C" Safefy Training Center City of Carlsbad SolarPV 9.8 Final Completion, Final Payment and Release of Retention 45 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 46 10.2 Safety of Persons and Property 46 10.3 Emergencies 46 ARTICLE 11 INSURANCE AND BONDS 11.1 Design Builder's Insurance 46 11.2 Builder's Risk Property Insurance 49 11.3 Performance Bond and Payment Bond 50 ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 Uncovering of Work 50 12.2 Correction of Defective Work and Guarantee to Repair Period 50 ARTICLE 13 TERMINATION OR SUSPENSION OF THE CONTRACT 13.1 Temiination by Design Builder 51 13.2 Tennination by the City for Cause 52 13.3 Suspension by the City for Convenience 53 13.4 Termination by the City for Convenience 53 ARTICLE 14 STATUTORY AND OTHER REQUIREMENTS 14.1 Nondiscrimination 54 14.2 Prevailing Wage Rates (Not Used) 56 14.3 Payroll Records (Not Used) 56 14.4 Apprentices (Not Used) 56 14.5 Construction Work Day 56 ARTICLE 15 MISCELLANEOUS PROVISIONS 15.1 Governing Law 56 15.2 Successors and Assigns 57 15.3 Rights and Remedies 57 15.4 Sun/ival 57 15.5 Complete Agreement 57 15.6 Severability of Provisions 57 15.7 City's Right to Audit 57 15.8 Notices 57 15.9 Time of the Essence 58 15.10 Mutual Duty to Mitigate 58 15.11 Design Builder's Awareness and Compliance with ADA Act of 1990 and Related Standards 58 12-2-14 Page 3 of 57 General Conditions .f/" Safety Training Center \^ City of SolarPV Carlsbad RECITALS The documents included in the Request for Proposals and the Design Build Entity's Proposal, incorporated herein, and designated as part of the Contract Documents are provided by the City to establish the scope, level of quality and design intent, and the reporting procedures for the development and construction of the entire Project. The Design Build Entity shall comply with the Contract Sum, the Contract Time, the Preliminary Schedule or approved Contract Schedule as applicable, the specifications, the building massing, building heights and setbacks, public spaces, landscape design, and the general architectural character of the project as described in the Contract Documents. By incorporating the Design Build Entity's Proposal as a part of this Contract, the City does NOT accept any provision of the Design Build Entity's Proposal that is not in conformance with the criteria of the Request for Proposals. In consideration of the mutual agreements, covenants and conditions set forth below, and the Recitals set forth above, the adequacy of which is hereby acknowledged, Design Build Entity and the City agree as follows: ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.0 AGREEMENT The Agreement is supported by the General Conditions and is part of the Contract Documents. 1.1.1 APPLICABLE CODE REQUIREMENTS The term "Applicable Code Requirements" means all laws, statutes, the most recent building codes (as they were applied to secure a Building Pennit from the City of Carlsbad), ordinances, rules, regulations, and lawful orders of all public authorities having jurisdiction over the City, Design Build Entity, any Subcontractor, the Project, the Project site, the Work, or the prosecution of the Work. 1.1.2 APPLICATION FOR PAYMENT The term "Application for Payment" means the submittal from Design Build Entity wherein payment for certain portions of the completed Work is requested in accordance with Article 9 of the General Conditions. 1.1.3 ARCHITECT OF RECORD The term "Architect of Record" means the Design Professional identified in the Supplementary Conditions that is licensed in the State of California and employed or commissioned by the Design Build Entity to prepare design documents and construction documents. 1.1.4 BENEFICIAL OCCUPANCY The term "Beneficial Occupancy" means the City's occupancy or use of any part of the Work in accordance with Article 9 of the General Conditions. 1.1.5 CEQA The term "CEQA" means the California Environmental Quality Act, Public Resources Code Section 21000 et seq. 1.1.6 CERTIFICATE FOR PAYMENT The term "Certificate for Paymenf means the form signed by City's Representative attesting to the Design Build Entity's right to receive payment for certain completed portions of the Work in accordance with Article 9 of the General Conditions. 1.1.7 CERTIFICATE OF SUBSTANTIAL COMPLETION See Article 9.7 of the General Conditions. 1.1.8 CHANGE ORDER See Article 7.2 of the General Conditions. 1.1.9 CHANGE ORDER REQUEST The temi "Change Order Request" means a proposal for a Change Order submitted by the Design Build Entity to the City, either at the request of the City, or at the Design Build Entity's own initiative. 1.1.10 CLAIM See Article 4.3 of the General Conditions. 2-15-12 Page 4 of 57 General Conditions Jp^'. „ Safefy Training Center \^ City of SolarPV Q Carlsbad 1.1.11 COMPENSABLE DELAY The term "Compensable Delay" means a delay that entitles the Design Build Entity to an adjustment of the Contract Sum and an adjustment of the Contract Time pursuant to Articles 7 and 8 of the General Conditions. 1.1.12 CONSTRUCTION DOCUMENTS The term "Construction Documents" means the plans and specifications prepared by the Design Build Entity (see Article 1.1.27) for the Project, approved by the City. The Construction Documents shall set forth in detail all items necessary to complete the construction (other than such details customarily provided by others during construction) of the Project in accordance with the Contract Documents (subject to their completion following commencement of the Construction Phase). All amendments and modifications to the Plans and Specifications must be approved by the City in writing. 1.1.13 CONSTRUCTION DOCUMENTS PHASE (Phase 2) The term "Construction Documents Phase" means the period of time set forth in the Agreement beginning with the issuance of the Construction Documents Notice to Proceed. This is also referred to within the Contract Documents as "Phase 2" and the two terms may be used interchangeably. The scope of the Construction Documents Phase is further defined in the "Scope of Work". The term "Phase 2 Time" is defined in Article 5 of the Agreement. 1.1.14 CONSTRUCTION NOTICE TO PROCEED The term "Construction Notice to Proceed" means the written notice given by the City to the Design Build Entity advising that the Site is available to the Design Build Entity and directing the Design Build Entity to commence the Construction Phase of the Project. 1.1.15 CONSTRUCTION PHASE (Phase 3) The term "Construction Phase" means the period of time set forth in the Agreement beginning with the issuance of the Construction Notice to Proceed and ending on the date of Final Completion of the Project. This temi is also referred to within the Contract Documents as "Phase 3" and the two terms may be used interchangeably. The scope of the Construction Phase i^" is further defined in the "Scope of Work". The term "Phase 3 Time" is defined in Article 5 of the Agreement. 1.1.16 CONSTRUCTION WORK The term "Construction Work" means that portion of the Work consisting of the provision of labor, materials, furnishings, equipment and services in connection with the construction of the Project as set forth in the Contract Documents. 1.1.17 CONTRACT The term "Contract" shall have the meaning identified in Article 3 of the Agreement. 1.1.18 CONTRACT DOCUMENTS The term "Contract Documents" means all documents listed in Article 3 ofthe Agreement. 1.1.19 CONTRACT MILESTONE The term "Contract Milestone" means any requirement in the Contract Documents that reflects a planned point in time for the start or completion of a portion of the Work measured from i) the date of any of the Notices to Proceed or ii) the date of another Contract Milestone defined in the Contract Documents, as applicable. 1.1.20 CONTRACT SCHEDULE The tenn "Contract Schedule" means the graphical representation of a practical plan, in accordance with the Specifications, to perfonn and complete the Work within the Contract Time. The detailed requirements for the Contract Schedule are stated in Article 3 of the General Conditions. 1.1.21 CONTRACT SUM The tenn "Contract Sum" means the amount of compensation stated in the Agreement for the performance of the Work, as adjusted by Change Order. 1.1.22 CONTRACT TIME The term "Contract Time" means the number of days set forth in the Agreement within which Design Build Entity must achieve Final Completion of the Woi1<, as adjusted by Change Order. 1.1.23 COST OF EXTRA WORK See Article 7.3 of the General Conditions. 12-2-14 Page 5 of 57 General Conditions Jf^ ^. r Safety Training Center \^ City of SolarPV Carlsbad 1.1.24 CRITERIA DOCUMENTS The term "Criteria Documents" means, but is not limited to, the portions of the Contract Documents which constitute an outline of design requirements, Scope of Work, Specifications and Drawings. 1.1.25 DAY The term "day," as used in the Contract Documents, shall mean calendar day, unless othenvise specifically provided. 1.1.26 DEFECTIVE WORK The temi "Defective Work" means Work that is unsatisfactory, faulty, omitted, incomplete, deficient, or does not conform to the requirements of the Contract Documents, directives of City's Representative, or the requirements of any inspection, reference standard, test, or approval specified in the Contract Documents. 1.1.27 DESIGNBUILDER The term "Design Build Entity" means the person or finn identified as such in the Agreement and is refenred to throughout the Contract Documents as if singular in number. Design Builder and Design Build Entity are used interchangeably. 1.1.28 DESIGN BUILDER FEE See Article 7.3 of the General Conditions. 1.1.29 DESIGN DEVELOPMENT PHASE - NOT USED The term "Design Development Phase" shall mean the period of time set forth in the Agreement beginning with the issuance of the Notice to Proceed for Phase 1. This is also referred to within the Contract Documents as "Phase 1" and the two terms may be used interchangeably. The scope of the Design Development Phase is further defined in the "Scope of Work" Exhibit. The term "Phase 1 Time" is defined in Article 5 of the Agreement. 1.1.29.1 DESIGN BUILD ENTITY See Article 1.1.27 1.1.30 DESIGN MATERIALS The term "Design Materials" shall mean any and all documents, shop drawings, electronic information, including computer programs and computer generated materials, data, plans, drawings, sketches, illustrations, specifications, descriptions, models and other infomiation developed, prepared, furnished, delivered or required to be delivered by, or for, the Design Build Entity: (1) to the City under the Contract Documents; or (2) developed or prepared by or for the Design Build Entity specifically to discharge its duties under the Contract Documents. 1.1.31 DESIGN PROFESSIONAL The term "Design Professional" shall mean individuals or entities that will provide Design Build Entity with the required architectural, engineering, and other professional services required for the coordinated design of the Project and the administration of construction. 1.1.32 DESIGN WORK The term "Design Work" shall mean the portion of the Work consisting of the design services and design deliverables required to be provided in connection with the design of the Project as set forth in the Contract Documents. 1.1.33 DRAWINGS The term "Drawings" means the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. The Drawings are listed in the List of Drawings. 1.1.34 EQUIPMENT MANUFACTURER The term "Equipment Manufacturer" shall mean any Separate Contractor that fabricates and/or supplies any City-provided equipment which is installed in the Project by the Design Build Entity. 1.1.35 EXCUSABLE DELAY The term "Excusable Delay" means a delay that entitles the Design Build Entity to an adjustment of the Contract Time but not an adjustment of the Contract Sum, pursuant to Articles 7 and 8 of the General Conditions. 1.1.36 EXTRA WORK The term "Extra Work" means Work beyond or in addition to the Work required by the Contract Documents. 12-2-14 Page 6 of 57 General Conditions .0^- Safety Training Center \^ City of SolarPV C Carlsbad 1.1.37 FIELD ORDER See Article 7.4 of the General Conditions. 1.1.38 FINAL COMPLETION The term "Final Completion" means the date at which the Work has been fully completed in accordance with the requirements of the Contract Documents pursuant to Article 9.8 of the General Conditions. 1.1.39 GUARANTEE TO REPAIR PERIOD See Article 12.2 ofthe General Conditions. 1.1.40 GOVERNMENTAL APPROVALS The term "Governmental Approvals" means those governmental (including the City) actions required to be obtained by the City and necessary for the completion of the Project. 1.1.41 HAZARDOUS MATERIAL The temn "Hazardous Material" means any substance or material identified as hazardous under any California or federal statute governing handling, disposal and/or cleanup of any such substance or material. 1.1.42 INDEMNIFIED PARTIES The term "Indemnified Parties" means the City, its agents, officers, representatives, consultants, volunteers and employees, 1.1.41.1 LETTER OF DESIGN REVIEW See Article 3.1.16 in the Scope of Work 1.1.41.2 NOTICE TO PROCEED See Article 1.1.13and 1.1.14 f""- 1.1.43 TOTAL PROJECT COST The term "Total Project Cost" means the amount identified as such in the Request for Proposals. 1.1.44 OPTIONS See Article 2 of the Agreement. 1.1.44.1 PHASES See Articles 2 and 5 of the Agreement 1.1.45 PROJECT The tenn "Projecf means the total design and construction of the Work under the Contract and all other work, labor, equipment, and materials necessary to accomplish the Project. The Project may include design or construction work performed by City or by Separate Contractors. 1.1.46 SEPARATE CONTRACTOR The term "Separate Contractor" means a person, or fimi, under separate contract with the City perfonning other work related to the Project. 1.1.47 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES See Article 3.19 of the General Conditions. 1.1.48 SPECIFICATIONS The term "Specificafions" means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construcfion systems, standards and workmanship for the Work, and perfonnance of related services. 1.1.49 SUBCONTRACTOR The term "Subcontractor" means a person or firm that has a contract with Design Build Entity or with a Subcontractor of the Design Build Entity to perform a portion of the Work. Unless otherwise specifically provided, the temi Subcontractor includes Subcontractors of all tiers. 1.1.50 SUBSTANTIAL COMPLETION See Article 9.7 of the General Conditions. 12-2-14 Page 7 of 57 General Conditions Safefy Training Center \^ City of SolarPV Carlsbad 1.1.51 SUPERINTENDENT The term "Superintendenf means the person designated by Design Build Entity to represent Design Build Enfity at the Project site, in accordance with Article 3 of the General Condifions. 1.1.52 TIER The temi "fier" means the contractual level of a Subcontractor or supplier or consultant with respect to Design Build Enfity. For example, a first-tier Subcontractor is under subcontract with Design Build Enfity, a second-tier Subcontractor is under subcontract with a first-tier Subcontractor, and so forth. 1.1.53 INEXCUSABLE DELAY The term "Inexcusable Delay" means a delay that does not entitle the Design Build Entity to an adjustment of the Contract Sum and does not entitle the Design Build Enfity to an adjustment of the Contract Time. 1.1.54 UNILATERAL CHANGE ORDER See Article 7.2 of the General Condifions. 1.1.55 CITY The term "City" or "the City" means, City of Carlsbad, the Owner of the Project. 1.1.56 CITY'S REPRESENTATIVE The term "City's Representative" means the person or fimn identified as such in the Agreement. 1.1.57 CITY'S RESPONSIBLE ADMINISTRATOR The term "City's Responsible Administrator" means the person, or his or her authorized designee, who is authorized to execute Change Orders, Field Orders, and other applicable Contract Documents on behalf of the City. 1.1.58 WORK The term "Work" means all labor, materials, equipment, tools, and services, including Design Professional services, and other requirements ofthe Contract Documents as modified by Change Order, whether completed or partially completed, provided or to be provided by Design Build Enfity to fulfill Design Build Entity's obligafions . The Work may constitute the whole or a part of the Project. 1.2 OWNERSHIP AND USE OF CONTRACT DOCUMENTS 1.2.1. The Contract Documents, and all copies thereof furnished to, or provided by. Design Build Entity are the property of the City. The City and Design Build Entity explicitiy agree that all materials, electronic files/models, and documents developed in the performance of this Contract are the property of the City. The City shall have the right to use all drawings, designs, specifications, notes and any other documentation and other work developed in the perfonnance of this Contract for the Project, or in connection with the Project, including without limitation future additions, alterations, connections, repairs, information, reference, use or occupancy and the right to re-use details of the design on any other City work, all without the Design Build Entity's consent and at no additional cost to the City. 1.2.2 The City will defend, indemnify and save hannless Design Build Entity Professional, its officers, agents and employees from any costs or claims for damages arising from City's use on other projects of the Contract Documents, the Drawings and Specifications, or the designs depicted in them, if any of the foregoing have been provided to the City by the Design Build Enfity. 1.2.3 Notwithstanding Article 1.2.2 above, the City will not defend, indemnify or save hannless Design Build Entity Professional, its officers, agents, or employees from any costs or claims asserted or imposed by any person or enfity claiming that City's use of the Contract Documents, the Drawings and Specifications, or the designs depicted in them is contrary to or in violafion of any copyright, patent, trade secret, trade name, trademark, or any proprietary, contractual or legal right pertaining to their use. 1.3 INTERPRETATION 1.3.1 The intent of the Contract Documents is to include all necessary criteria to establish the scope and quality for completion of the Work by the Design Build Entity. The Contract Documents are complementary and what is required by one shall be as binding as if required by all. Perfonnance by the Design Build Entity shall be required to the extent consistent with, and reasonably inferable from, the Contract Documents. 1.3.2 In the case of conflict between temns of the Contract Documents, the following order of precedence shall apply: 12-2-14 Page 8 of 57 General Conditions 3 ^Jp^ Safefy Training Center \^ City of SolarPV Q Carlsbad .1 The Agreement and Change Orders shall control over the Supplementary Conditions. .2 The Supplementary Condifions shall control over the General Condifions. .3 The General Conditions shall control over the Specificafions. .4 The Specifications shall control over the Drawings. .5 The Drawing Details over the Drawings. .6 Where no order of precedence is stated, the more expensive of the requirements shown or specified shall be controlling. .7 With respect to the Contract Documents, Addenda shall govern over other portions of the Contract Documents to the extent specifically noted; subsequent Addenda shall govern over prior Addenda only to the extent specifically noted. 1.3.3 The City and Design Build Enfity acknowledge that the Contract Documents may differ in some respect(s) from the other documents included in the Proposal Documents upon which the Design Build Entity based its response(s) to the Request for Proposals. The City and Design Build Enfity explicitiy agree that documents having the higher quality requirements control over any conflicting requirements of other documents. 1.3.4 Organizafion of the Specificafions into various subdivisions and the arrangement of the Drawings shall not control Design Build Entity in dividing the Work among Subcontractors or in establishing the extent of work to be perfomied by any trade. 1.3.5 Unless otherwise stated in the Contract Documents, technical words and abbreviations contained in the Contract Documents are used in accordance with commonly understood design professional and construction industry meanings; and non-technical words and abbreviations are used in accordance with their commonly understood meanings. 1.3.6 The Contract Documents may omit modifying words such as "all" and "any," and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. The use of the word "including," when following any general statement, shall not be construed to limit such statement to specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as "without limitation," "but not limited to," or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement. 1.3.7 Whenever the context so requires, the use of the singular number shall be deemed to include the plural and Wee versa. Each gender shall be deemed to include any other gender, and each shall include corporafion, partnership, tmst, or other legal entity, whenever the context so requires. The captions and headings of the various subdivisions of the Contract Documents are intended only for reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents or any subdivision thereof ARTICLE 2 CITY 2.1 FEE AND PERMIT REQUIREMENTS 2.1.1 Except as otherwise provided in the Contract Documents, the City will obtain and pay for any ufility pemiits, demolifion permits, easements, health department and government approvals for the use or occupancy of pennanent structures required in connection with the Work. 2.1.2 Design Build Entity will be furnished, free of charge, such copies of the Contract Documents as the City deems reasonably necessary for execution of the Work. 12-2-14 Page 9 of 57 General Conditions kf^ r Safefy Training Center \^ City of SolarPV Carlsbad 2.2 ACCESS TO PROJECT SITE 2.2.1 The City will provide, as reasonably required by the Work, but in no event later than the date designated in the Construction Notice to Proceed, access to the lands and facilities upon which the construction Work is to be perfomied, including such access to other lands and facilities designated in the Contract Documents for use by Design Build Entity. 2.3 CITY'S RIGHT TO STOP THE WORK 2.3.1 If Design Build Entity fails to correct Defective Work as required by Article 12.2 of the General Conditions or fails to perform the Work in accordance with the Contract Documents, The City or City's Representative may direct Design Build Enfity to stop the Work, or any portion thereof, until the cause for such order has been eliminated by Design Build Entity. Design Build Entity shall not be entitied to any adjustment of Contract Time or Contract Sum as a result of any such order. The City and City's Representative have no duty or responsibility to Design Build Entity or any other party to exercise the right to stop the Work. 2.4 CITY'S RIGHT TO CARRY OUT THE WORK 2.4.1 If Design Build Entity fails to carry out the Work in accordance with the Contract Documents, fails to provide sufficient labor, materials, equipment, tools, and services, with respect to either the design or construction phases, to maintain the Contract Schedule, or otherwise fails to comply with any material temn of the Contract Documents, and, after receipt of written notice from the City, fails within 2 days, excluding Saturdays, Sundays and legal holidays, or within such additional time as the City may specify, to correct such failure, the City may, without prejudice to other remedies the City may have, correct such failure at Design Build Entity's expense. In such case, the City will be entitled to deduct from payments then or thereafter due Design Build Entity the cost of correcting such failure, including without limitation compensation forthe additional sen/ices and expenses of the City's consultants made necessary thereby. If payments then or thereafter due Design Build Entity are not sufficient to cover such amounts, Design Build Entity shall pay the additional amount to the City. 2.5 CITY'S RIGHT TO REPLACE CITY'S REPRESENTATIVE 2.5.1 The City may at any time and from time to time, without prior notice to or approval of Design Build Entity, replace the City's Representative with a new City's Representative. Upon receipt of notice from the City informing Design Build Entity of such replacement and identifying the new City's Representative, Design Build Entity shall recognize such person or firm as City's Representafive for all purposes under the Contract Documents. ARTICLE 3 DESIGN BUILDER 3.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY DESIGN BUILDER; SINGLE POINT RESPONSIBILITY OF DESIGN BUILDER 3.1.1 The City has carefully reviewed the qualifications of the Design Builder and has concluded that the Design Builder has the necessary significant experience to perfonn the required Work. The Design Builder has demonstrated that they possess the necessary experience and skilled resources to perform the Wori<. As such, the city asserts that this allows for a level of competence and care in the implementation of the Work than would be allowed for a lesser qualified Design Builder. 3.1.2 In addition to the examination and reviews perfomied, and obligations assumed, incidental to making the representations set forth in Article 10 of the Agreement, Design Build Entity shall carefully study and compare each of the Contract Documents with the others and with infomiation furnished by the City, and shall promptiy report in writing to City's Representative any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with Applicable Code Requirements observed by Design Build Entity. 3.1.3 Design Build Entity is responsible for the design and construction of the Project and shall provide all sen/ices pursuant to this Contract in a manner consistent with the standard of care under Califomia law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project (including its contracting mode). The Design Build Entity shall be solely responsible for any and all design errors including, but without limitation, errors, inconsistencies or omissions in the Construction Documents. Design Build Entity shall take field measurements, verify field conditions, and carefully compare with the Contract Documents such field measurements, conditions, and other infonnation known to Design Build Entity before commencing the Work. Errors, inconsistencies, or omissions discovered at any fime shall Z**^ be promptiy reported in wrifing to City's Representative. w'' 12-2-14 Page 10 of 57 General Conditions ^^^^ Jp^' , Safety Training Center \^ City of SolarPV C Carlsbad 3.1.4 If Design Build Enfity perfomis any design and/or construcfion acfivity which it knows, or should know, involves an error, inconsistency, or omission referred to in Articles 3.1.2 and 3.1.3 above, without notifying and obtaining the written consent of the City's Representative, Design Build Entity shall be responsible for the resultant losses, including, without limitation, the costs of correcting Defective Work. 3.1.5 The City does not assume any obligation to employ the Design Build Entity's services or pay Design Build Entity royalties of any type as to future programs that may result from the Work perfonned under this Contract. 3.1.6 Design Build Entity shall be responsible for all plotting, printing, copying and distribution cost of any and all documents required in connection with the Work. 3.1.7 Design Build Entity agrees that it has single point responsibility for the design and construction of this Project. 3.2 DESIGN, SUPERVISION AND CONSTRUCTION PROCEDURES 3.2.1 Design Build Entity shall supervise, coordinate, and direct the Work using Design Build Entity's best skill and attention. Design Build Entity shall be solely responsible for, and have control over, the entire design effort, construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work, including, but without limitation, buildings, landscape and site work, utilities, and building systems. 3.2.2 Design Build Entity shall be responsible to the City for acts and omissions of Design Build Entity's agents, employees, and Subcontractors, and their respective agents and employees. 3.2.3 Design Buiid Entity shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents either by acts or omissions of the City or City's Representative in the administration of the Contract, or by tests, inspections, or approvals required, or performed, by persons or finns other than Design Build Entity. 3.2.4 Design Build Entity shall be responsible for inspection of all portions of the Work, including those portions already perfomied under this Contract, to determine that such portions conform to the requirements of the Contract Documents and are ready to receive subsequent Work. 3.2.5 To facilitate communications and the management of the design process, the Design Build Entity shall establish and maintain a local office forthe duration ofthe design process. 3.2.6 The Design Build Enfity is not required to produce the entire Construction Documents package in the local office; however, the Design Build Entity shall provide the appropriate management and design staff in the local office to provide the City with the current status of, and the capability to properly update, the design and construcfion documents. 3.2.7 The Design Build Entity is required to deliver to the City, if requested, any and all design materials including, but not limited to, calculations, preliminary drawings, construction drawings, shop drawings, electronic media data, improvement documents, sketches, illustrations, specifications, descriptions, models, mock-ups, and other infomiation developed, prepared, furnished, or delivered in the prosecution ofthe design work. 3.2.8 Design Build Entity shall at all times participate in, and implement, the CEQA mitigation process and ensure perfomiance as required in the Contract Documents. 3.2.9 Design Build Entity is responsible for preparation of the Construction Documents for the entire Project. 3.2.10 Design Build Entity is responsible for construction of the entire Project as required by the Contract Documents. 3.2.11 Design Build Entity shall at ail times maintain good discipline and order among its employees and subcontractors. Design Build Entity shall provide competent, fully qualified personnel to perform the Work. 3.3 LABOR AND MATERIALS 3.3.1 Unless otherwise provided in the Contract Documents, Design Build Entity shall provide and pay for aii professional services, other services, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other things necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 12-2-14 Page 11 of 57 General Conditions .p" Safety Training Center \^ City of SolarPV Carlsbad 3.4 DESIGN BUILDER'S WARRANTY 3.4.1 Design Build Entity warrants to the City that all labor, materials, equipment and furnishings used in, or incorporated into, the Construction Work will be of good quality, new (unless othenwise required or pemiitted by the Contract Documents), and all Work will be free of liens, claims and security interests of third parties; that the Wori< will be of the highest quality and free from defects and that all Work will conform with the requirements of the Contract Documents. If required by the City's Representative, Design Build Entity shall furnish satisfactory evidence of compliance with this warranty. Further, the type, quality and quantum of such evidence shall be within the sole discretion of the City's Representative. Work not confonning to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Solar Array and supporting structure have additional warranties, as provided in the Technical Proposal. As referenced in the Technical Proposal, the warranty includes a ten (10) year warranty on the costs for repair and replacement of system components. The Technical Proposal also includes a warranty on the workmanship, production of the solar array, module power output, inverter performance, and monitoring system, as defined below: 3.4.1.a System Warranty: no cost repair and replacement of system components for 10 years, unless specifically stated othenwise 3.4.1 .b Module Power Output: 25 years, with a maximum annual degradation of 0.4% 3.4.1.C Inverters: 10 years 3.4.1.d Monitoring System: 5 years 3.5 TAXES 3.5.1 Design Build Entity shall pay all sales, consumer, use, income, payroll and similar taxes for the Work or portions thereof provided by Design Build Entity. 3.6 PERMITS, FEES, AND NOTICES 3.6.1 Except for the pennits and approvals which are to be obtained by the City or the requirements with respect to which City is not subject as provided in Article 2.1.1 ofthe General Conditions, Design Build Entity shall secure, and pay for, all pennits, approvals, government fees, licenses, and inspections necessary forthe proper execution and perfonnance of the Work. Design Build Entity shall deliver to the City all original licenses, pemiits, and approvals obtained by Design Build Entity in connection with the Work prior to the final payment or upon tennination of the Contract, whichever is eariier. 3.6.2 Water Pollution Control _ The Design Build Entity shall exercise every reasonable precaution to protect channels, stonn drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Design Build Entity shall comply with the California State Water Resources Control Board (SWRCB) Order Number 2009- 0009-DWQ, National Pollutant Discharge Elimination System (NPDES) General Pemiit Number R9-2007-0001, Waste Discharge Requirements (WDR's) for Discharges of Stomi Water Runoff associated with Construction Activity (General Pennit) and subsequent adopted modifications and with all requirements of the Stomi Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. This project is permitted by an existing Stomn Water Pollution Prevention Plan (SWPPP). The Design Build Entity must comply with all of the terms and conditions of ttiis pemiit. 3.7 APPLICABLE CODE REQUIREMENTS 3.7.1 Design Build Entity shall perfonn the Work in accordance with the following Applicable Code Requirements and ali code requirements listed in the Scope of Work: .1 All current laws, statutes, building codes ordinances, rules, regulations, and lawful orders of all public authorities having jurisdiction over the City, Design Build Entity, any Subcontractor, the Project, the Project site, the Work, or the prosecution of the Work. .2 Applicable sections in the State of Califomia Labor Code. 12-2-14 Page 12 of 57 General Conditions .ip* . Safety Training Center \^ City of SolarPV Q Carlsbad .3 All Applicable Code Requirements relating to nondiscrimination, payroll records, apprentices, and work day. 3.7.2 Design Build Entity shall comply with and give notices required by all Applicable Code Requirements, including all environmental laws and all notice requirements under the State of California Safe Drinking Water and Enforcement Act of 1986 (State of California Health and Safety Code Section 25249.5, and applicable sections that follow). Design Build Entity shall promptiy notify the City's Representative in writing if Design Build Entity becomes aware during the perfonnance of the Wori< that the Contract Documents are at variance with Applicable Code Requirements. 3.7.3 If Design Build Entity perfomns Wori< which it knows or should know is contrary to Applicable Code Requirements, without prior notice to the City and City's Representative, Design Build Entity shall be responsible for such Woric and any resulting damages including, without limitation, the costs of correcting Defective Work. 3.7.4 Design Builder shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified. If Design Builder observes that drawings and specifications are at variance therewith, he shall promptiy notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Design Builder performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom .1 Design Builder shall be responsible for familiarity with the Americans with Disabilities Act ("ADA") (42 U.S.C. § 12101 et seq.) and all other federal and state disability access laws. The Wori< will be performed in compliance with all current rules, guidelines and regulations. 3.8 SUPERINTENDENT 3.8.1 Design Build Entity shall employ a competent Superintendent satisfactory to the City who shall be in attendance at the Project site at all times during the performance of the Construction Woric. Superintendent shall represent Design Build Entity and communications given to, and received from. Superintendent shall be binding on Design Build Entity. Failure to maintain a Superintendent on the Project site at all times Work is in progress shall be considered a material breach of this Contract, entitling the City to terminate the Contract or, alternatively, issue a stop Work order until the Superintendent is on the Project site. If, by virtue of issuance of said stop Wori< order. Design Build Entity fails to complete the Contract on time. Design Build Entity will be assessed Liquidated Damages in accordance with the Agreement. 3.8.2 The Superintendent approved for the Project must be able to read, write and verbally communicate in English. The Superintendent may not perform the Woric of any trade, pick-up materials, or perform any Woric not directiy related to the supen/ision and coordination of the Construction Work at the Project site when Work is in progress. In addition, the Design Build Entity will provide all Key Personnel shown in the Technical Proposal for the time periods stipulated. 3.9 TOXIC MATERIALS 3.9.1 The Design Build Entity is responsible for unforeseen site conditions and toxic materials to the extent described in the Contract Documents and/or that could be reasonably inferred by the Design Build Entity based on its experience and expertise on similar projects in urban areas. 3.10 HAZARDOUS MATERIALS 3.10.1 The Design Build Entity agrees that it is solely responsible for investigating and performing remedial actions on all hazardous materials and other related environmental requirements located on the Project site. For the purposes of this Contract, Hazardous Materials shall also include, but are not limited to, Underground storage tanks. Any Hazardous Materials that are encountered beyond those described in the Contract Documents or Proposal Documents, or which reasonably could not have been discovered within the time pennitted, may properiy be the subject of a Change Order Request. The City agrees that the Design Build Entity cannot be considered a hazardous materials generator of any such materials in existence on the Site at the time it is given possession of the Site. "Underground Storage Tank" shall have the definition assigned to that term by Section 9001 of RCRA, 42 U.S.C. Section 6991, and also shall include: any tank of one thousand one hundred (1,100) gallons or less capacity used for storing motor fuel; any tank used for storing heating oil for consumption on the premises where stored; any septic tank; and any pipes connected to the above items. 3.10.2 The City shall not be responsible for any Hazardous Material brought to the site by the Design Build Entity. 3.10.3 If the Design Build Entity: (i) introduces and/or discharges a Hazardous Material onto the site in a manner not specified by the Contract Documents; and/or (ii) disturbs a Hazardous Material identified in the Contract Documents, the Design Build Entity shall hire a qualified remediaUon Design Builder at Design Build Entity's sole cost to eliminate the condition as soon as 12-2-14 Page 13 of 57 General Conditions Jp" Safety Training Center \^ City of SolarPV Carlsbad possible. Under no circumstance shall the Design Build Entity perfomi Work for which it is not qualified. The City, in its sole discretion, may require the Design Build Entity to retain at Design Build Entity's cost an independent testing laboratory. 3.10.4 If the Design Build Entity encounters a Hazardous Material which may cause foreseeable injury or damage. Design Build Entity shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such material or substance (except in an emergency situation); and (iii) notify the City (and promptiy thereafter confirm such notice in writing). 3.10.5 Subject to Design Build Entity's compliance with Article 3.10.4, the City shall verify the presence or absence of the Hazardous Material reported by the Design Build Entity, except as qualified under Section 3.10.2 and 3.10.4, and, in the event such material or substance is found to be present, verify that the levels of the hazardous material are below OSHA Permissible Exposure Levels and below levels which would classify the material as a state of California or federal hazardous waste. When the material falls below such levels, Woric in the affected area shall resume upon direction by the City. The Contract Time and Sum shall be extended appropriately as provided in Articles 7 and 8. 3.10.6 The City shall indemnify and hold harmless the Design Build Entity from and against claims, damages, losses and expenses, arising from a Hazardous Material on the Project site, if such Hazardous Material: (i) was not shown on the Contract Documents or Infonnation Available to Bidders; (ii) was not brought to the site by Design Build Entity; and (iii) exceeded OSHA Permissible Exposure Levels or levels which would classify the material as a state of California or federal hazardous waste. The indemnity obligation in this Article shall not apply to: .1 Claims, damages, losses or expenses arising from the breach of contract, negligence or willful misconduct of Design Build Entity, its suppliers, its Subcontractors of all tiers and/or any persons or entities working under Design Build Entity; and .2 Claims, damages, losses or expenses arising from a Hazardous Material subject to Article 3.10.2. 3.10.7 In addition to the requirements in Article 3.28, Design Build Entity shall indemnify and hold harmless the City of Carisbad from and against claims, damages, losses and expenses, arising from a Hazardous Material on the Project site, if such Hazardous Material: (i) was shown on the Contract Documents or Information Available to Bidders; (ii) was brought to the site by Design Build Entity; and (iii) exceeded OSHA Pemnissible Exposure Levels or levels which would classify the material as a state of Califomia or federal hazardous waste. Nothing in this paragraph shall obligate the Design Build Entity to indemnify the City in the event of the sole negligence of the City, its officers, agents, or employees. 3.11 CONSTRUCTION DOCUMENTS 3.11.1 Construction Documents .1 Upon receipt of the Notice to Proceed for Phase 2, the Design Build Entity shall instruct the appropriate Design Professional or Architect of Record to commence the design of the building systems and the preparation of the Construction Documents. The Construction Documents shall provide infonnation customarily necessary in documents for projects of similar size, complexity, and quality. The Construction Documents shall include all information required by the building trades to complete the construction of the Project, other than such details customarily developed by others during construction. The City's review of the construction documents shall be conducted in accordance with the approved Contract Schedule with procedures set forth in Article 3.16 of the General Conditions relating to Schedule. Such review shall not relieve the Design Build Entity from its responsibilities under this Contract. Such review shall not be deemed an approval or waiver by the City of any deviation from, or of the Design Build Entity's failure to comply with, any provision or requirement of the Contract Documents, unless such deviation or failure has been identified as such in writing in the document submitted by the Design Build Entity and approved by the City. .2 It is acknowledged by the parties hereto that inherent in a design build concept, bridging or othen/vise, the production and review of Construction Documents may be a continuing process with portions thereof completed at different times. The Design Build Entity will limit the Construction Document packages for construction to a reasonable number, not more than that stipulated in the Supplementary Conditions, unless approved in writing by the City. Contract Schedule shall indicate the times for the City to review the completion of each such portion of the Construction Documents and a reasonable time for review of same. .3 The Design Build Entity shall submit completed packages of the Construction Documents for review by the City, the City Fire Marshal, and any other Agency Having Jurisdiction (AHJ) Review meetings between the Design Build Entity and the City to review the Construction Document packages, shall b^ scheduled and held so as not J'f'*^ 12-2-14 Page 14 of 57 General Conditions Safefy Training Center City of SolarPV C Carlsbad ^^^^ to delay the Wortc. After reviewing the Construction Documents package for conformance to the Criteria Documents, the City will issue a Construction Notice to Proceed to the Design Build Entity. .4 The Construction Documents for hazardous and/or toxic abatement efforts and demolition activity shall be of sufficient clarity and shall be fully detailed when submitted to the City for review. 3.11.2 Shop Drawings, Product Data, Samples, Materials, and Equipment .1 Shop drawings means drawings, submitted to Design Build Entity by subcontractors, manufacturers, supplier or distributors, showing in detail the proposed fabrication and assembly of building elements and the installation (e.g., form, fit, and attachment details) of materials or equipment. .2 Design Build Entity shall coordinate all submittals and review them for accuracy, completeness, and compliance with the requirements ofthe Contract Documents and the Design Build Entity's Construction Documents and shall indicate its approval thereon as evidence of such coordination and review. .3 Materials and equipment incorporated in the Woric shall match the approved samples within tolerances appropriate to the items, and as may be described in the Contract Documents. .4 The Design Build Entity shall submit shop drawings approved by the Architect of Record and samples of submittals that relate to finish materials and products. .5 Any variafion in quality must be approved by the City. 3.11.3 Field Engineering .1 The Design Build Entity shall retain and pay expenses of a civil engineer or land surveyor to establish on the Site the required reference points and benchmarics, establish building lines and elevations, check for building framing, plumbness, and establish on building frame the required basic grid lines. The engineer or land surveyor shall be licensed in the State of California. .2 The Design Build Entity shall locate and protect control points prior to starting Work on the Project site and preserve permanent reference points during constmction, and shall require the engineer or surveyor to replace control points which become lost or destroyed. 3.11.4 Geotechnical and Survey .1 The City has provided the Design Build Entity with a geotechnical report which includes supporting data, findings and recommendations; and also with a legal description and a project sun/ey that are included in the Contract Documents. The Design Work shall be consistent with both the findings and recommendations ofthe geotechnical report and legal description and project survey. .2 The Design Build Entity shall verify the location and depth (elevation) of all existing utilities and services before performing any excavation Work. 3.12 WEEKLY REPORTS 3.12.1 The Design Build Entity shall prepare and submit to the City, during both the Construction Documents Phase and the Construction Phase, weekly reports on the Woric accomplished during the prior monthly period. Such reports shall be prepared in a manner and in a format approved by the City. Reports shall be furnished at the time of submission of each monthly application for payment. The monthly report shall also set forth the Design Build Entity's projected progress for the forthcoming month. 3.13 OTHER REPORTS 3.13.1 The Design Build Entity will cooperate with the City in preparing, or causing to be prepared, all or part of, periodic project reports required by state or federal agencies. 12-2-14 Page 15 of 57 General Conditions Ap''. p Safety Training Center \^ City of SolarPV Carlsbad 3.14 NOTICES OF LABOR DISPUTE 3.14.1 If Design Build Entity has knowledge that any actual or potential labor dispute is delaying, or threatens to delay, the timely perfonnance of the Work, Design Build Entity shall immediately give notice induding all relevant infomiation to the City. 3.14.2 Design Build Entity agrees to insert the substance of this Article including this Article 3.14.2, in any subcontract to which a labor dispute may delay the timely perfonnance of the Woric, except that each subcontract shall provide that in the event its timely performance is delayed or threatened by delay by any actual or potential labor dispute, the subcontractor shall immediately notify the next higher tier subcontractor or Design Build Entity, as the case may be, of all relevant information concerning the dispute. 3.15 GUARANTEE 3.15.1 The Design Build Entity unconditionally guarantees the Woric will be completed in accordance with the requirements of the Contract Documents, and will remain free of defects in woricmanship and materials for a period of two (2) years from the date of Final Completion, unless a longer guarantee period is specifically called for in the Contract Documents. The Design Build Entity shall repair or replace any and all work, together with any adjacent woric that may have been damaged or displaced, which was not in accordance with the requirements of the Contract Documents, or that may be defective in its woricmanship or material within the guarantee period specified in the Contract Documents, without any expense whatsoever to the City; ordinary wear and tear and abuse excepted. 3.15.2 The Design Build Entity further agrees, within fourteen (14) days, or as such shorter period as may be designated for emergency repairs, after being notified in writing by the City, of any work not in accordance with the requirements of the Contract Documents or any defects in the Woric, that the Design Build Enfity shall commence and execute, with due diligence, all work necessary to fulfill the terms of the guarantee. If the City finds that the Design Build Entity fails to perform any of the work under the guarantee, the City may elect to have the work completed at the Design Build Entity's expense and the Design Build Entity will pay costs of the work upon demand. The City will be entitied to all costs, including reasonable attorneys' fees and consultants' expenses necessarily incurred upon the Design Build Entity's refusal to pay the above costs. 3.15.3 Notwithstanding the foregoing Article 3.15.2, in the event of an emergency constituting an immediate hazard to health or safety of the City employees, property, or licensees, the City may undertake, at the Design Build Entity's expense and without prior notice, all woric necessary to correct such hazardous condition(s) when it is caused by work of the Design Build Entity not being in accordance with the requirements ofthe Contract Documents. 3.15.4 This project includes Special Warranties for the solar panel modules, solar energy production and system components. The specific warranfies are deflned in the Technical Proposal and will be executed at the conclusion ofthe project. 3.16 SCHEDULES REQUIRED OF DESIGN BUILDER 3.16.1 The Preliminary Schedule provided with the Request for Proposal provides the Design Build Entity schedule informafion to illustrate all Contract Milestones and any anficipated overiap of Phases. The Design Build Enfity shall develop its required Contract schedules for review and approval by the City based on and consistent with such Preliminary Schedule. 3.16.2 Design Build Entity shall submit an initial Contract Schedule and updated Contract Schedules to City's Representative in the fomn and within the time limits required by the Contract Documents, or, if no such time period is specified, within a reasonable period of fime. City's Representafive will detennine acceptability of the Contract Schedule and updated Contract Schedules within the time limits required by the Contract Documents, or if no such time period is specified, within a reasonable period of time. If the City's Representative deems the Contract Schedule or updated Contract Schedule unacceptable, it shall specify in writing to Design Build Entity the basis for its objection. 3.16.3 The Contract Schedule and updated Contract Schedules shall represent a practical plan to complete the Work within the Contract Time. Schedules showing the Wortc completed in less than the Contract Time as reflected in the Preliminary Schedule may be acceptable if judged by City's Representative to be practical. Schedules showing the Wortc completed beyond the Contract Time may be submitted under the following circumstances: .1 If accompanied by a Change Order Request seeking an adjustment of the Contract Time consistent the requirements of paragraph 8.4 for Adjustment of the Contract Time for Delay.; or .2 If the Contract Time has passed, or if it is a practical impossibility to complete the Woric within the Contract Time, then the updated Contract Schedule or Fragnet schedule shall show completion at the eariiest practical date. 12-2-14 Page 16 of 57 General Conditions Safefy Training Center Q, Calsbad \^ City of SolarPV .3 City's Representative will timely review the updated Contract Schedule or Fragnet Schedule submitted by Design Build Entity. If City's Representative detennines that additional supporting data are necessary to fully evaluate the updated Contract Schedule or Fragnet Schedule, City's Representative will request such additional supporting data in writing. Such data shall be furnished no later than 10 days after the date of such request. City's Representative will render a decision promptiy and in any case within 30 days after the later of the receipt of the updated Contract Schedule or Fragnet Schedule or the deadline for furnishing such additional supporting data. Failure of City's Representative to render a decision by the applicable deadline will be deemed a decision denying approval of the updated Contract Schedule or Fragnet Schedule. Acceptance of any schedule showing completion beyond the Contract Time by City's Representative shall not change the Contract Time and is without prejudice to any right of the City. The Contract Time, not the Contract Schedule, shall control in the determination of liquidated damages payable by Design Build Entity under Article 5 and Article 6 of the Agreement and in the detennination of any delay under Article 8 of the General Conditions. 3.16.4 If a Contract Schedule showing the Work completed in less than the Contract Time is accepted. Design Build Entity shall not be entitied to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the Final Completion of the Woric beyond the expiration of the Contract Time. 3.16.5 Design Build Entity shall prepare and keep current, to the reasonable satisfaction of City's Representative, a schedule of submittals and that is coordinated with the Contract Schedule. 3.16.6 The Contract Schedule and the updated Contract Schedules shall meet the following requirements: . 1 Schedules must be suitable for monitoring progress of the Work. .2 Schedules must provide necessary data about the timing of the City decisions and City furnished items. .3 Schedules must be in sufficient detail to demonstrate adequate planning of the Wortc. .4 Schedules must represent a practical plan to perform and complete the Wortc within the Contract Time. 3.16.7 The City's Representative's review of the fomi and general content of the Contract Schedule and updated Contract Schedules is forthe purpose of detemiining if the above-listed requirements have been satisfied. 3.16.8 Design Build Entity shall plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Wortc will permit its completion within the Contract Time, any Contract milestones and any Contract phases. 3.16.9 In preparing the Preliminary Contract Schedule, the Contract Schedule, and updated Contract Schedules, Design Build Entity shall obtain such infomiation and data from Subcontractors as may be required to develop a reasonable and appropriate schedule for performance of the woric and shall provide such infomiation and data to the City's Representative upon request. Design Build Entity shall continuously obtain from Subcontractors information and data about the planning for, and progress of the Work and the delivery of equipment, shall coordinate and integrate such information and data into updated Contract Schedules, as appropriate, and shall monitor the progress of the Woric and the delivery of equipment. The City requires the Design Builder to employ the "pull planning" method of schedule development. 3.16.10 Design Build Entity shall act as the expediter of potential and actual delays, inten-uptions, hindrances, or dismptions for its own forces and those forces of Subcontractors, regardless of tier. 3.16.11 Design Build Entity shall cooperate with the City's Representative in the development of the Contract Schedule and updated Contract Schedules. Design Build Entity shall plan and schedule all of its Work based on the assumption that the City will exercise its Option for Phase 3 within 30 days of the completion of Phase 2 unless otherwise directed in writing by the City. After the City exercises its Option for Phase 3, the Design Build Entity shall modify its Contract Schedule to reflect the actual date that the City exercises its Option for Phase 3. 3.16.12 City's Representative's acceptance of or its review comments about any schedule or scheduling data shall not relieve Design Build Entity from its sole responsibility to plan for, perform, and complete the Wortc within the Contract Time. Acceptance of or review comments about any schedule shall not transfer responsibility for any schedule to the City's Representative or the City nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or 12-2-14 Page 17 of 57 General Conditions -IP" Safety Training Center \^ City of SolarPV Carlsbad contained in such schedule. Failure of the City's Representative to discover errors or omissions in schedules that it has reviewed, or to infonn Design Build Entity that Design Build Entity, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule shall not relieve Design Build Entity from its sole responsibility to perfonn and complete the Work within the Contract Time and shall not be a cause for an adjushnent of the Contract Time or the Contract Sum. 3.17 AS-BUILT DOCUMENTS 3.17.1 Design Build Entity shall maintain one (1) set of As-built drawings and speciflcations, which shall be kept up-to-date during the Work of the Contract. This document will be an electronic file or Building Information Model (BIM) all changes which are incorporated into the Woric which differ from the documents as drawn and written and approved shall be noted on the as- built set. Notations shall reflect the actual materials, equipment and installation methods used for the Woric; each revision shall be initialed and dated by Superintendent. Prior to filing of the Nofice of Completion, each drawing and the specification cover shall be signed by Design Build Entity and dated, attesting to the completeness of the information noted therein. As-built Documents shall be turned over to the City's Representative and shall become part of the Record Documents as required by the Scope of Woric. 3.18 DOCUMENTS AND SAMPLES AT PROJECT SITE 3.18.1 Design Build Entity shall maintain the following at the Project site: . 1 One as-built copy of the Contract Documents, in good order and mariced to record current changes and selections made during construction. .2 The current accepted Contract Schedule. .3 Shop Drawings, Product Data, and Samples. .4 All other required submittals. These documents shall be available to the City's Representative and shall be delivered to the City's Representative for submittal to the City upon the eariier of Final Completion or termination of the Contract. 3.19 SHOP DRAWINGS, PRODUCT DATA, SAMPLES AND BIM MODELS 3.19.1 Definitions: . 1 Shop Drawings are drawings (physical or electronic), diagrams, schedules, and other data specially prepared for the Wortc by Design Build Entity or a Subcontractor to illustrate some portion of the Work. .2 Product Data are illustrations, standard schedules, performance charts, instmctions, brochures, diagrams, and other information furnished by Design Build Entity to illustrate or describe materials or equipment for some portion of the Woric. .3 Samples are physical examples that illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged. .4 BIM Models are Building Infomiation Modeling (BIM) is a digital representation of physical and functional characteristics of a facility. A BIM is a shared knowledge resource for infomiation about a facility fomiing a reliable basis for decisions during its life-cycle; deflned as existing from eariiest conception to demolition. 3.19.2 Shop Drawings, Product Data, Samples, BIM Models and similar submittals are not Contract Documents. Their purpose is to demonstrate, for those portions of the Work for which submittals are required, how Design Build Entity proposes to conform to the infonnation given and the design concept expressed in the Contract Documents. 3.19.3 Design Build Entity shall review, approve, and submit to the City's Representative Shop Drawings, Product Data, Samples, BIM Models and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Wortc or in the activities of the City or of Separate Contractors. Submittals made by Design Build Entity that are not required by the Contract Documents may be returned without action by the City's Representative. 12-2-14 Page 18 of 57 General Conditions JP"" Safety Training Center \^ City of SolarPV C Carlsbad 3.19.4 Design Build Entity shall perfomi no portion of the Woric requiring submittal and review of Shop Drawings, Product Data, Samples, BIM Model or similar submittals until the respective submittal has been reviewed by the City's Representative and no exceptions have been taken by the City's Representative or the City's Representative's Consultants. Such Wortc shall be in accordance with approved submittals and the Contract Documents. 3.19.5 By approving and submitting Shop Drawings, Product Data, Samples, BIM Model and similar submittals. Design Build Entity represents that it has determined or verified materials and field measurements and conditions related thereto, and that it has checked and coordinated the information contained within such submittals with the requirements ofthe Contract Documents and Shop Drawings/BIM Model for related Work. 3.19.6 If Design Build Entity discovers any conflicts, omissions, or errors in Shop Drawings or other submittals. Design Build Entity shall notify the City's Representative and receive instruction before proceeding with the affected Work. Design Build Entity shall be responsible to correct to the satisfaction of the City, any conflicts, omissions, or errors in Shop Drawings/BIM Model or other submittals. 3.19.7 Design Build Entity shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the City's Representative's review of Shop Drawings, Product Data, Samples, BIM Model or similar submittals, unless Design Build Entity has speciflcally infomied the City's Representative in writing of such deviation at the time of submittal and the City's Representative has given written approval of the specific deviation. Design Build Entity shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, BIM Model or simiiar submittals by the City's Representafive's review, acceptance, comment, or approval thereof 3.19.8 Design Build Entity shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, BIM Model or similar submittals, to revisions other than those requested by the City's Representative on previous submittals. 3.19.9 The City will review first resubmittal of Shop Drawing/BIM Model at its cost. The City resen/es the right to reduce the Contract Sum by Change Order for its cost for any subsequent reviews of Shop Drawing resubmittals. W 3.20 USE OF SITE AND CLEAN UP 3.20.1 Design Build Entity shall confine operations at the Project site to areas permitted by law, ordinances, permits, and the Contract Documents. Design Build Entity shall not unreasonably encumber the Project site with materials or equipment. The area of work must be separated from the general public by a temporary fence with screening. 3.20.2 Design Build Entity shall, during performance of the Work, keep the Project site and sun-ounding area free from the accumulation of excess dirt, waste materials, and rubbish caused by Design Build Entity. Design Build Entity shall remove all excess dirt, waste material, and rubbish caused by the Design Build Entity; tools; equipment; machinery; and surplus materials from the Project site and surrounding area at the completion of the Woric. Failure to maintain the site may cause the City to give the Design Builder notice of this fact. Upon such notice, the Design Builder must remedy the situation within 24 hours of receipt of the notice. The Design Builder's failure to comply may cause the City to perfonn the woric at the Design Builder's cost. 3.20.3Personnel of Design Build Entity and Subcontractors shall not occupy, live upon, or othenwise make use of the Project site during any time that Woric is not being perfonned at the Project site, except as othenwise provided in the Contract Documents. 3.21 PROJECT SITE MAINTENANCE. 3.21.1 Cleanup and Dust Control. Throughout all phases of constmction, including suspension of work, and until the final acceptance, the Design Builder shall keep the site clean and free from rubbish and debris. The Design Builder shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulfing in mud on public streets will not be pemiitted as a substitute for sweeping or other methods. When required by the Plans or Specificafions, the Design Builder shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Design Builder's Bid. 12-2-14 Page 19 of 57 General Conditions C City of Carlsbad Safety Training Center Solar PV Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and fomi lumber shall be removed from the site as soon as practicable after stripping. Failure of the Design Builder to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-wortcing days when needed to preserve the health safety or welfare of the public. The Design Builder shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 3.21.2 Air Pollution Control. The Design Builder shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 3.21.3 Vemiin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Design Builder as part of the Wortc within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Design Builder shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 3.21.4 Sanitation. The Design Builder shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Design Builder disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be pemiitted to flow in trenches or be covered by backfill. 3.21.5 Temporary Light, Power, and Water. The Design Builder shall fumish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Wortc. The Design Builder shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining pemiission from the water agency concerned. The Design Builder shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Design Builder shall contact the appropriate water agency for requirements. The Design Builder shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 3.21.6 Water Pollution Control. The Design Builder shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. 3.21.7 The Design Builder shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ (or cun-ent equivalent). National Pollutant Discharge Elimination System (NPDES) General Pemiit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stonnwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modificafions and with all requirements ofthe Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 3.22 CUTTING, FITTING, AND PATCHING 3.22.1 Design Build Entity shall do all cutting, fitting, or patching of the Wortc required to make all parts of the Work come together properly and to allow the Wortc to receive or be received by work of Separate Contractors shown upon, or reasonably implied by, the Contract Documents. 12-2-14 Page 20 of 57 General Conditions Jp" Safety Training Center \^ City of SolarPV C Carlsbad 3.22.2 Design Build Entity shall not endanger the Wortc, the Project, or adjacent property by cutting, digging, or othenwise. Design Build Entity shall not cut or alter the woric of any Separate Contractor without the prior consent of the City's Representative. 3.23 ACCESS TO WORK BY THE CITY 3.23.1 The City, City's Representative, their consultants, and other persons authorized by the City will at all times have access to the Woric wherever it is in preparation or progress. Design Build Entity shall provide safe and proper facilities for such access and for inspection. 3.23.2 Trash receptacles shall be provided and emptied by the Design Builder at weekly intervals or sooner as required. The trash shall be removed from the project site. All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs shall be included in other items forwhich bids are entered. The first progress payment wiil not be approved until all facilities are in place and fully comply with the Specifications. 3.24 ROYALTIES AND PATENTS 3.24.1 Design Build Entity shall pay all royalties and license fees required for the perfomiance of the Work. Design Build Entity shall defend suits or claims resulting from Design Build Entity's or any Subcontractor's infringement of patent rights and shall indemnify, defend and hold harmless the City and City's Representative from losses on account thereof 3.25 DIFFERING SITE CONDITIONS 3.25.1 If Design Build Entity encounters any of the following conditions at the site, Design Build Entity shall immediately ^* notify the City's Representative in writing of the specific differing conditions before they are disturtsed and before any affected Work is perfomied, and permit investigation of the conditions: . 1 Subsurface or latent physical conditions at the site which differ materially from those indicated in this Contract, or if not indicated in this Contract, in the City Furnished Infonnation; or .2 Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work ofthe character provided for in the Contract. 3.25.2 Design Build Entity shall be entitled to an adjustment to the Contract Sum and/or Contract Time as the result of extra costs and/or delays resulting from a materially differing site condition, if and only if Design Build Entity fulfills the following condifions: .1 Design Build Entity fully complies with Article 3.25.1 above; and .2 Design Build Entity fully complies with Article 4 of the General Conditions (including the timely filing of a Change Order Request and all other requirements for Change Orders Requests and Claims). 3.25.3 Adjustments to the Contract Sum and/or Contract Time shall be subject to the procedures and limitations set forth in Articles 7 and 8 of the General Conditions. 3.26 CONCEALED, UNFORESEEN, OR UNKNOWN CONDITIONS OR EVENTS 3.26.1 Except and only to the extent provided othera/ise in Articles 3.24, and Articles 7 and 8 of the General Conditions, by signing the Agreement, Design Build Entity agrees: .1 To bear the risk of concealed, unforeseen or unknown conditions and events, if any, which may be encountered in performing the Contract; and c .2 That Design Build Entity's Pricing Proposal Fonn for the Contract was made with full knowledge of this risk. 3.26.2 In agreeing to bear the risk of concealed, unforeseen or unknown conditions and events, Design Build Entity understands that, except and only to the extent provided otherwise in Articles 3.24, and Articles 7 and 8 of the General 12-2-14 Page 21 of 57 General Conditions C City of Carlsbad Safefy Training Center SolarPV Conditions, concealed, unforeseen or unknown conditions shall not excuse Design Build Entity from its obligation to achieve full completion of the Woric within the Contract Time, and shall not entitle the Design Build Entity to an adjustment of the Contract Sum. 3.26.3 If, as the result of concealed, unforeseen or unknown conditions or events, the City issues a Change Order or Field Order that changes design details from those details depicted in the Criteria Documents, Design Build Entity shall be entitled, subject to compliance with all the provisions of the Contract, including those set forth in Articles 4, 7 and 8 of the General Conditions, to an adjustment of the Contract Sum and/or Contract Time, fbr the cost and delay resulting from implementing the changes to the design. Except as provided in this Article 3.25.3, or as may be expressly provided othenwise in the Contract, there shall be no adjustment of the Contract Sum and/or Contract Time as a result of concealed, unforeseen or unknown conditions or events. 3.26.4 Design Build Entity shall, as a condition precedent to any adjustment in Contract Sum or Contract Time under this Article 3.25.4, fully comply with Article 4 of the General Conditions (including the timely filing of a Change Order Request and all other requirements for Change Orders Requests and Claims). 3.27 INFORMATION AVAILABLE TO PROPOSERS 3.27.1 Any infonnation provided pursuant to REQUEST FOR PROPOSALS is subject to the following provisions: .1 The information is made available for the convenience of Proposers and is not a part of the Contract. .2 The Design Build Entity may rely on written descriptions of physical conditions included in the information to the extent such reliance is reasonable. .3 Other components of the information, including but not limited lo recommendations, may not be relied upon by Design Build Entity. The City shall not be responsible for any interpretation of or conclusion drawn from the other components of the information by the Design Build Entity. 3.28 LIABILITY FOR AND REPAIR OF DAMAGED WORK 3.28.1 Design Build Entity shall be liable for any and all damages and losses to the Project (whether by fire, theft, vandalism, earthquake, fiood or othenwise) prior to the City's acceptance of the Project as fully completed except that Design Build Entity shall not be liable for earthquake in excess of magnitude 3.5 on the Richter Scale, tidal wave, or fiood, provided thatthe damages or losses were not caused in whole or in part by the negligent acts or omissions of Design Build Entity, its officers, agents or employees (including all Subcontractors and suppliers of all tiers). As used herein, "flood" shall have the same meaning as in the builder's risk property insurance. 3.28.2 Design Build Entity shall promptly repair and replace any Work or materials damaged ordestroyed forwhich the Design Build Entity is liable under Article 3.27.1 above. 3.28.3 Notwithstanding the Design Build Entity's flnancial liability for any damage or losses that may or may not be covered by the builder's risk property insurance provided hereunder, the Design Build Entity shall promptiy repair and replace any Woric or materials damaged or destroyed during the term of this Project and work to maintain or recover the project schedule. The Design Build Entity shall be responsible to protect the site and segregate all costs associated with any required corrective action, including costs to expedite material and woric overtime as necessary to maintain the schedule. 3.29 INDEMNIFICATION 3.29.1 Design Builder shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the perfomiance of the Contract or work; or from any failure or alleged failure of Design Builder to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the wortc covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. 12-2-14 Page 22 of 57 General Conditions Jp' Safety Training Center \^ City of SolarPV Q, Carlsbad C 3.29.2 Design Builder shall also defend and indemnify the City against any challenges to the award of the contract to Design Builder, and Design Builder will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for the City, if the City requests separate counsel. 3.29.3 Design Builder shall also defend and indemnify the City against any challenges to the award of the contract to Design Builder, arising in whole or in part from alleged inaccuracies or misrepresentation by the Design Builder, whether intentional or othenwise, and Design Builder will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for the City, if the City requests separate counsel. 3.29.4 Design Builder shall also defend and indemnify the City against any attempts by Design Builder's insurance carriers to recover or subrogate against the City for any and all losses arising in connection with Design Builder's performance of woric or services under the Contract covered by the insurance 3.29.5 Design Build Entity shall indemnify, defend and hold harmless the City, it's officials, employees, volunteers, City's consultants, City's Representative, City's Representative's consultants, and their respective directors, officers, agents, and employees from and against losses (Including without limitation the cost of repairing defective work and remedying the consequences of defective work) arising out of, resulting from, or relating to the following: .1 The failure of Design Build Entity to perfonn its obligations under the Contract. .2 The inaccuracy of any representation or warranty by Design Build Entity given in accordance with or contained in the Contract Documents. .3 Any claim of damage or loss by any Subcontractor against the City arising out of any alleged act or omission of Design Build Entity or any other Subcontractor, or anyone directiy or indirectiy employed by Design Build Entity or any Subcontractor. .4 Any claim of damage or loss resulting from Hazardous Materials introduced, discharged, or disturbed by Design Build Entity as required per Article 3.10.7. 3.29.6 The City shall not be liable or responsible for any accidents, loss, injury (including death) or damages happening or accruing during the tenn of the perfomnance of the Wortc herein referred to or in connection therewith, to persons and/or property, and Design Build Entity shall fully indemnify, defend and hold hamiless the City and protect the City from and against the same as provided in paragraph 3.28.1 above. In addition to the liability imposed by law upon the Design Build Entity for damage or injury (including death) to persons or property by reason of the negligence of the Design Build Entity, its offlcers, agents, employees or Subcontractors, which liability is not impaired or othenwise affected hereby, the Design Build Entity shall defend, indemnify, hold hannless, release and forever discharge the City, its officers, employees, and agents from and against and waive any and all responsibility of same for every expense, liability, or payment by reason of any damage or injury (including death) to persons or property suffered or claimed to have been suffered through any negligent act, omission, or willful misconduct of the Design Build Entity, its officers, agents, employees, or any of its Subcontractors, or anyone directly or indirecfly employed by either of them or from the condition of the premises or any part of the premises while in control of the Design Build Entity, its oflicers, agents, employees, or any of its Subcontractors or anyone directly or indirectiy employed by either of them, arising out of the performance of the Woric called for by this Contract. Design Build Entity agrees that this indemnity and hold harmless shall apply even in the event of negligence of the City, its officers, agents, or employees, regardless of whether such negligence is contributory to any claim, demand, loss, damage, injury, expense, and/or liability; but such indemnity and hold harmless shall not apply (i) in the event of the sole negligence of the City, its officers, agents, or employees; or (ii) to the extent that the City shall indemnify and hold harmless the Design Build Entity for Hazardous Materials pursuant to Article 3.10.6. 3.29.7 In claims against any person or enfity indemnified under this Article 3.28 that are made by an employee of Design Build Entity or any Subcontractor, a person indirectiy employed by Design Build Entity or any Subcontractor, or anyone for whose acts Design Build Entity or any Subcontractor may be liable, the indemnification obligation under this Article 3.28 shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for Design Build Entity or any Subcontractor under workers' compensation acts, disability benefit acts, or other employee benefit acts. 3.29.8 The indemnificafion obligations under this Article 3.28 shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of a non-delegable duty. 3.29.9 Design Build Entity shall indemnify the City from and against losses resulting from any claim of damage made by any Separate Contractor against the City arising out of any alleged acts or omissions of Design Build Entity, any 12-2-14 Page 23 of 57 General Conditions Ccity of Carlsbad Safety Training Center SolarPV Subcontractor, anyone directly or indirectly employed by either of them, or anyone for whose acts either of them may be liable. 3.29.10 Design Build Entity shall indemnify Separate Contractor from and against losses arising out of the negligent acts, omissions, or willful misconduct of Design Build Entity, any Subcontractor, anyone directly or indirectiy employed by either of them, or anyone for whose acts either of them may be liable. 3.29.11 Design Build Entity shall indemnify, defend, and hold hannless the City and its officers, employees, agents, volunteers, and representatives (collectively, "Indemnitee"), against all liability, demands, claims, costs, damages, injury including death, settlements, and expenses (including without limitation, interest and penalties) incurred by Indemnitee arising out of the performance of services or Design Build Entity's other obligations under this Contract, but only in proportion to and to the extent such losses are caused by or result from (1) the negligent acts or omissions of Design Build Entity, its officers, agents, employees, subcontractors, consultants, or any person or entity for whom Design Build Entity is responsible (collectively, "Indemnitor"); (2) the breach by Indemnitor of any of the provisions of this Contract; or (3) willful misconduct by Indemnitor. 3.29.12 The indemnification obligations under this Article 3.28 shall not be limited by any assertion or finding that (1) the person or entity indemnified is liable by reason of non-delegable duty, or (2) the losses were caused in part by the negligence of, breach of contract by, or violafion of law by Indemnitee. The obligation to defend shall arise regardless of any claim or assertion that Indemnitee caused or contributed to the losses. Indemnitor's reasonable defense costs (including attorney and expert fees) incurred in providing a defense for Indemnitees shall be reimbursed by the City except to the extent such defense costs arise, under principles of comparaUve fault, from Indemnitor's (a) negligent acts or omissions; (b) breach of any of the provisions of this Contract; or (c) willful misconduct. 3.29.13 Design Build Entity shall indemnify, defend, and save harmless Indemnitee from and against all loss, cost, expense, royalties, claims for damages or liability, in law or in equity, including, without limitation, attorney's fees, court costs, and other litigation expenses that may at any time arise or be set up for any infringement (or alleged infringement) of any patent, copyright, trade secret, trade name, trademaric or any other proprietary right of any person or entity in consequence of the use on the Project by Indemnitee of the Design Materials or Construction Documents (including any method, process, product, concept specifled or depicted) supplied by Indemnitor in the perfonnance of this Contract. 3.29.14 Nothing in this Contract, including the provisions of this Article 3, shall constitute a waiver or limitation of any rights which Indemnitee may have under applicable law, including without limitation, the right to implied indemnity. 3.29.15 Design Builder's defense and indemnity obligation herein includes, but is not limited to lawsuits, damages, fines, penalties, attorney's fees and costs arising from claims under the Americans With Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Design Builder's Work during the course of construction of the improvements or after the Woric is complete, as the result of defects or negligence in Contractor's construction ofthe improvements. 3.30 STREET CLOSURES, DETOURS, BARRICADES 3.30.1 The Design Builder shall comply with all applicable State, County, and City requirements for closure of streets. The Design Builder shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Design Builder shall be responsible fbr compliance with additional public safety requirements which may arise. The Design Builder shall furnish and install signs and warning devices and promptiy remove them upon completion of the Wortc. After obtaining the Engineers approval and at least 5 woricing days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Design Builder shall notify the following: .1 The Civic Projects Manager .2 Carisbad Fire Department Dispatch .3 Carisbad Police Department Dispatch .4 Carisbad Traffic Signals Maintenance .5 Carisbad Trafflc Signals Operations .6 North County Transit District .7 Waste Management (760) 434-2943 (858) 757-3006 (760) 931-2197 (760) 434-2980 (760) 602-7504 (760) 967-2828 (760) 929-9400 3 12-2-14 Page 24 of 57 General Conditions C Safefy Training Center City of SolarPV C Carlsbad The Design Builder shall comply with these requirements. The Design Builder shall obtain the City's Representative's written approval prior to deviating from the requirements of 3.30.1.2 through .7 above. The Design Builder shall obtain the written approval no less than flve working days prior to placing any traffic control that affects bus stops. The Design Builder shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearty posted as to load limit, with signs and posting confonning to current requirements covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barncades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans. The California Manual on Unifomi Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Design Builder shall immediately repair said component to its original condifion or replace said component and shall restore the component to its original location. In the event that the Design Builder fails to install and/or maintain barricades or such other traffic signs, maricings, delineation or devices as may be required herein, the City's Representative may, at his/her sole option, install the traffic signs, maricings, delineation or devices and charge the Design Builder twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 3.31 ALLOWANCES/CONTRACTOR CONTROLLED CONTINGENCY 3.31.1. The Design Builder shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or enfities as chosen by the Design Builder and the City in the Subcontractor Selection process defined in the Technical Proposal. 3.31.2 Allowances shall cover the cost to the Design Builder for materials and equipment delivered at the site and all required taxes, less applicable discounts.. 3.31.3 Whenever qualified costs are more or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order, as per the Change Order process defined herein. These credits/costs will include overhead, profit, insurance, taxes, and all other burdens, 3.31.4 The City reserves the right to cancel an allowance and not execute any of the work deflned in that allowance. All costs shown for the allowance plus all overhead, profit, insurance, taxes, and any other indirect costs shall be reimbursed to the City. 3.31.5 All unused portions of the Contractor Controlled contingency (as shown on the Bid Spread Sheet Form from the Price Proposal) shall be returned to the City at the completion of the project. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ADMINISTRATION OF THE CONTRACT BY THE CITY'S REPRESENTATIVE 4.1.1 The City's Representative will provide limited administration of the Contract as provided in the Contract Documents and will be the representative of the City. The City's Representative will have authority to act on behalf of the City only to the extent provided in the Contract Documents. The City shall designate, from time to time, one or more representatives authorized to act on the City's behalf with respect to the Project, together with the scope of his/her respective authority. Functions forwhich this Contract provides will be perfomied by the City may be delegated by the City only by written notice to the Design Build Entity from the City. The Design Build Entity shall not be entitied to rely on directions (nor shall it be required to follow the directions) from anyone outside the scope of that person's authority as set forth in written authorization pursuant to this Contract. Directions and decisions made by the City's Representative within his/her respective authority shall be binding on the City. 4.1.2 During the term of this Contract, the City's Representative shall have the right to review Design Build Entity's Design Professionals' Woric at such intervals as deemed appropriate by the City's Representative. However, no actions taken during such review or site visit by the City's Representative shall relieve Design Build Entity of any of its obligations of single-point 12-2-14 Page 25 of 57 General Condifions Jp' ^. n Safety Training Center \^ City of SolarPV Carlsbad responsibility for the design and construction of this Project, nor form the basis for a Claim if such actions extend the Contract Completion Date beyond the Contract Time. 4.1.3 The City's Representative will not have control over, will not be in charge of, and will not be responsible for design or construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Wortc, since these are solely Design Build Entity's responsibility. 4.1.4 Except as othenwise provided in the Contract Documents or when direct communications have been specifically authorized, the City and Design Build Entity shall communicate through the City's Representative. Except when direct communication has been specifically authorized in writing by the City's Representafive, communications by Design Build Enfity with the City's consultants and City's Representative's consultants shall be through the City's Representative. Communications by the City and City's Representative with Subcontractors will be through Design Build Entity. Communications by Design Build Entity and Subcontractors with Separate Contractors shall be through the City's Representative. Design Build Entity shall not rely on oral or other non-written communications. 4.1.5 Based on the City's Representative's Project site visits, review of Design Woric, and evaluations of Design Build Entity's Applications For Payment, the City's Representative will recommend amounts, if any, due Design Build Entity and will issue Certificates For Payment in such amounts. 4.1.6 The City's Representative will have the authority to reject the Work, or any portion thereof which does not confomi to the Contract Documents. The City's Representafive will have the authority to stop the Woric, or any portion thereof Whenever the City's Representative considers it necessary, or advisable, for implementation of the intent of the Contract Documents, the City's Representative will have the authority to require additional inspection or testing of the Wortc in accordance with the Contract Documents, whether or not such Woric is fabricated, installed, or completed. However, neither authority of the City's Representative conferred by the Contract Documents nor any decision made in good faith either to exercise, or to not exercise such authority, will give rise to a duty or responsibility of the City or City's Representative to Design Build Entity, or any person or entity claiming under, or through. Design Build Entity. 4.1.7 The City's Representative will have the authority to conduct inspections as provided in the Contract Documents, to take Beneficial Occupancy and to detemiine ttie dates of Substanfial Completion and Final Completion; will receive for review and approval any records, written warranties, and related documents required by the Contract Documents and assembled by Design Build Entity; and will issue a flnal Certificate For Payment upon Design Build Entity's compliance with the requirements of the Contract Documents. 4.1.8 The City's Representative will be, in the flrst instance, the interpreter of the requirements of the Contract Documents and the judge of perfonnance thereunder by Design Build Entity. Should Design Build Entity discover any conflicts, omissions, or errors in the Construction Documents or the Contract Documents; have any questions about the interpretation or clarification ofthe Contract Documents; question whether Woric is within the scope ofthe Contract Documents; then, before proceeding with the Woric affected. Design Build Entity shall notify the City's Representative in writing and request interpretation, or clarification. The City's Representative's response to questions and requests for interpretations, clarifications, instructions, or decisions will be made with reasonable promptness. Should Design Build Entity proceed with the Work affected before receipt of a response from the City's Representative, any portion of the Work which is not done in accordance with the City's Representative's interpretations, clarifications, instructions, or decisions shall be removed or replaced and Design Build Entity shall be responsible for all resultant losses. 4.2 DESIGN BUILDER CHANGE ORDER 4.2.1 Design Build Entity may request changes to the Contract Sum and/or Contract Time for Extra Woric, materially differing site conditions, or delays to Final Completion of the Woric. 4.2.2 Conditions precedent to obtaining an adjustment of the Contract Sum and/or Contract Time payment of money, or other relief with respect to the Contract Documents, for any other reason, are: .1 Timely submission of a Change Order Request that meets the requirements of Articles 4.2.3.1 and 4.2.3.2 below; and .2 If requested, timely submission of additional informational requested by the City's Representative pursuant to Article 4.2.3.3 below. 4.2.3 Change Order Request: 12-2-14 Page 26 of 57 General Conditions 3 Jp^" Safety Training Center \^ City of SolarPV C Carlsbad 4.2.3.1 A Change Order Request will be deemed timely submitted if, and only if it is submitted within 7 days of the date the Design Build Entity discovers, or reasonably should discover the circumstances giving rise to the Change Order Request, unless additional time is allowed in writing by the City's Representative for submission of the Change Order Request, provided that if . 1 The Change Order Request includes compensation sought by a Subcontractor; AND .2 The Design Build Entity requests in writing to the City's Representative, within the 7-day time period, additional time to permit Design Build Entity to conduct an appropriate review of the Subcontractor Change Order Request, then the time period for submission of the actual Change Order Request shall be extended by the number of days specified in writing by the City's Representative. 4.2.3.2 A Change Order Request must state that it is a Change Order Request, state and justify the reason for the request, and specify the amount of any requested adjustment of the Contract Sum, Contract Time, and/or other monetary relief. If the Design Build Entity requests an adjustment to the Contract Sum or other monetary relief the Design Build Entity shall submit the following with the Change Order Request: .1 A completed Cost Proposal in the form contained in the Price Proposal Exhibits meeting the requirements of Article 7 of the General Conditions; OR .2 A partial Cost Proposal and a declaration of what required information is not then known to Design Build Entity. If Design Build Entity failed to submit a completed Cost Proposal with the Change Order Request, Design Build Entity shall submit a completed Cost Proposal meeting the requirements of Article 7 within 7 days of the date the Design Build Entity submitted the Change Order Request unless additional time is allowed by the City's Representative. 4.2.3.3 Upon request of the City's Representative, Design Build Entity shall submit such additional infonnation as may be requested by the City's Representative for the purpose of evaluating the Change Order Request. Such additional infonnation may include: .1 If Design Build Entity seeks an adjustment of the Contract Sum or other monetary relief, actual cost records for any changed or extra costs (including without limitation, payroll records, material and rental invoices and the like), shall be submitted by the deadline established by the City's Representative, who may require such actual cost records to be submitted and reviewed, on a daily basis, by the City's Representative and/or representatives of the City's Representative. .2 If Design Build Entity seeks an adjustment of the Contract Time, written documentation demonstrating Design Build Entity's entitlement to a time extension under Article 8.4, which shall be submitted within 15 days ofthe date requested unless the City's Representative requires an eariier submission. If requested. Design Build Entity may submit documentation in support of its request for a time extension. The City may, but is not obligated to, grant a time extension. If deemed appropriate by the City's Representative, Design Build Entity shall submit a more detailed schedule analysis in support of its request for a time extension. .3 If Design Build Entity seeks an adjushnent of the Contract Sum or other monetary relief for delay, written documentation demonstrating Design Build Entity's entitiement to such an adjustment under Article 7.3.9 of the General Conditions, which shall be submitted within 15 days ofthe date requested. .4 Any other infomnation requested by the City's Representative for the purpose of evaluating the Change Order Request, which shall be submitted by the deadline established by the City's Representative. 4.2.4 The City's Representative will make a decision on a Change Order Request, within a reasonable time, after receipt of a Change Order Request. In the event the Change Order Request is submitted pursuant to Article 8.4.1, the City's Representative shall promptly review and accept or reject it within thirty (30) days. A final decision is any decision on a Change Order Request which states that it is final. If the City's Representafive issues a final decision denying a Change Order Request in whole or in part. Design Build Entity may contest the decision by filing a fimely Claim under the procedures specified in Article 4.3 of the General Conditions. 4.2.5 Design Build Entity may file a written demand for a final decision by the City's Representative on all or part of any Change Order Request as to which the City's Representative has not previously issued a final decision pursuant to Article 4.2.4 of the General Conditions; such written demand may not be made eariier than the 30th day after submission of the Change 12-2-14 Page 27 of 57 General Conditions Jp" Safety Training Center \^ City of SolarPV Carlsbad Order Request. Within 30 days of receipt of the demand, the City's Representative will issue a final decision on the Change Order Request. The City's Representative's failure to issue a decision within the 30-day period shall be treated as the issuance, on the last day of the 30-day period, of a final decision to deny the Change Order Request in its entirety. 4.3 CLAIMS 4.3.1 The term "Claim" means a written demand or assertion by Design Build Entity seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a detennination of disputes or matters in question between the City and Design Build Entity arising out of or related to the Contract Documents or the performance of the Woric. However, conditions listed below are not included in the term "Claim", and are not included in the Claims procedures provided under this Article 4, .1 Claims regarding penalties for forfeitures prescribed by statute or regulation that a government agency is specifically authorized to administer, settle, or detemiine. .2 Claims regarding personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. .3 Claims by the City, except as set forth in Article 4.7.4 of the General Conditions. .4 Claims respecting stop notices. 4.3.2 A Claim arises upon the issuance of a written final decision denying in whole or in part Design Build Entity's Change Order Request pursuant to Article 4.2.4 of the General Conditions. 4.3.3 A Claim must include the following: .1 A statement that it is a Claim and a request for a decision pursuant to Article 4.5 of the General Conditions. .2 A detailed factual narrative of events fully describing the nature and circumstances giving rise to the Claim, including but not limited to, necessary dates, locations, and items of work affected. .3 A certification, executed by Design Build Entity, that the claim is filed in good faith. The certification must be made on the Claim Certificafion fomi, included in the Standard Forms to the Contract. The language ofthe Claim Certification fomi may not be modified. .4 A certification, executed by each Subcontractor claiming more than 5% of the total monetary amount sought by the claim, that the Subcontractor's portion of the claim is filed in good faith. The certification must be made on the Claim Certification fomi, included in the Standard Fonns to the Contract. The language of the Claim Certification fomn may not be modified. .5 A statement demonstrating that a Change Order Request was timely submitted as required by Article 4.2.4 of the General Condifions. .6 If a Cost Proposal or declarafion was required by Article 4.2.3 of the General Condifions, a statement demonstrating that the Cost Proposal or the declaration was timely submitted as required by Article 4.2.3 of the General Conditions. .7 A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following: .1 If the Claim involves Extra Woric, an estimate of the costs must of the amounts claimed, including the items specified in Article 7.3.2 of the General Conditions. The cost breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted. To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including without limitation, payroll records, material and rental invoices and the like) demonstrating that costs claimed have actually been incurred. To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a month during any periods costs are incurred. A cost record will be considered current if submitted within 30 days of the date the cost reflected '*'*| in the record is incurred. At the request of the City's Representative, claimed extra costs may be subject to ..^t^J 12-2-14 Page 28 of 57 General Conditions 3 Ccityof Q Carlsbad Safety Training Center SolarPV further veriflcation procedures (such as having an inspector verify the perfonnance of alleged Extra Work on a daily basis). The cost breakdown must include an itemization of costs for i) labor including names, classiflcations, regular hours and overtime hours woriced, dates worked, and other pertinent infonnation; ii) materials stored or incorporated in the woric including invoices, purchase orders, location of materials either stored or incorporated into the woric, dates materials were transported to the project or incorporated into the woric, and other pertinent information; and iii) itemization of machinery and equipment including make, model, hours of use, dates of use and equipment rental rates of any rented equipment. .2 The Design Build Entity shall be responsible for all errors and omissions contained within the Constmction Documents. .3 If the Claim involves an extension of the Contract Time, written documentation demonstrating the Design Build Entity's entitlement to a time extension under Article 8.4 of the General Conditions, including the specific dates for which a fime extension is sought and the specific reasons for enfitlement of a time extension. .4 If the Claim involves an adjustment of the Contract Sum for delay, written documentafion demonstrating the Design Build Entity's entitlement to such an adjustment under Article 7.3.9 of the General Conditions, including but not limited to, a detailed time impact analysis of the Contract Schedule. The Contract Schedule must demonstrate Design Build Entity's entitlement to such an adjustment under Article 7.3.9 ofthe General Conditions. 4.4 ASSERTION OF CLAIMS 4.4.1 Claims by Design Build Entity shall be first submitted to the City's Representative for decision. 4.4.2 Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless othenwise directed by the City's Representative, Design Build Entity shall not cause any delay, cessation, or termination in or of Design \^ Build Entity's performance of the Woric, but shall diligentiy proceed with performance of the Work in accordance with the Contract Documents. 4.4.3 Design Build Entity shall submit a Claim in writing, together with all supporting data specified in Article 4.3.3 of the General Conditions, to the City's Representative as soon as possible but not later than 30 days after the date the Claim arises under Article 4.3.2 ofthe General Conditions, provided that after written notification to the City's Representative within such time period, the time period for submission of the Claim shall be extended by the number of days specified in writing by the City's Representafive where the Claim includes compensafion sought by a Subcontractor and the Design Build Entity requests an extension of fime to pennit it to discharge its responsibilities to conduct an appropriate review of the Subcontractor claim. 4.4.4 Design Build Entity agrees that strict compliance with the requirements of Articles 4.2, 4.3, and 4.4 of the General Conditions are conditions precedent to Design Build Entity's right to arbitrate or litigate a Claim. Design Build Entity specifically agrees to assert no Claims in arbitration or litigation unless there has been strict compliance with Articles 4.2, 4.3, and 4.4 of the General Conditions. The failure of Design Build Entity to strictly comply with the requirements of Articles 4.2, 4.3 and 4.4 of the General Conditions constitutes a failure by Design Build Entity to exhaust its administrative remedies with the City, thereby denying any court or arbitration panel of jurisdiction to adjudicate the Claim. 4.5 DECISION OF CITY'S REPRESENTATIVE ON CLAIMS 4.5.1 The City's Representative will timely review Claims submitted by Design Build Entity, ff the City's Representative detennines that additional supporting data are necessary to fully evaluate a Claim, the City's Representative will request such additional supporting data in writing. Such data shall be furnished no later than 10 days after the date of such request, the City's Representative will render a decision promptly and in any case within 30 days after the later of the receipt of the Claim or the deadline for furnishing such additional supporting data; provided that, if the amount of the Claim is in excess of $50,000, the aforesaid 30-day period shall be 60 days. Failure of the City's Representative to render a decision by the applicable deadline will be deemed a decision denying the Claim on the date of the deadline. The decision of the City's Representative will be final and binding unless appealed in accordance with Articles 4.5.2, and 4.5.3,of the General Conditions. The City's Representative's decision on a Claim or dispute will include a statement substantially as follows: 12-2-14 Page 29 of 57 General Conditions Ccityof Carlsbad Safefy Training Center SolarPV "This is a decision under Article 4.5 of the General Conditions of your contract. If you are dissatisfied with the decision, and if you complied with the procedural requirements for asserting claims specified in Article 4 of the General Conditions of your contract, you must follow the procedures in Article 4.7. If you fail to take appropriate action with 30 days of the date of this decision, the decision shall become final and binding and not subject to further appeal." 4.5.2 If either Design Build Entity or the City disputes the City's Representative's decision on a Claim, such party (the "Disputing Party") must either provide a written notice its election to proceed under Article 4.7 within 30 days after the decision of the City's Representative or, if no decision has been issued, within 30 days from the date of the applicable deadline in Article 4.5.1 of the General Conditions for the City's Representative to render a decision. 4.5.3 If a notice of election to proceed under Article 4.7 is not given by either party within 30 days after the decision of the City's Representative, the City's Representative's decision on the Claim will be final and binding and not subject to appeal or challenge. 4.5.4 NOT USED 4.5.5 Any dispute which cannot be resolved between the parties shall be resolved through litigation shall be filed in the Superior Court of the State of Califomia, in the County of San Diego. Design Build Enfity agrees to incorporate this provision into all subcontracts. 4.5.6 The parties will attempt in good faith to resolve any controversy or Claim arising out of or relating to this Contract by negofiafion. 4. 6 NOT USED 4.7 DISPUTE RESOLUTION 4.7.1 Claims between the City and the Design Build Enfity of $375,000 or less shall be resolved in accorance with the procedures | establised in Part 3, Chapter 1, Article 1.5 off the Califomia Public Contract Code, §§ 20104 et seq.; provided however that ""^ Califomia Public Contract Code § 20104.2 shall not supersede the requirements ofthe Contract Documents with respect to the Contractor's notification to the City of such claim or extend the time for giving of such notice as provideded in the Contract Documents. 4.7.2 Except as provided in Article 4.7.2 any other claims, disputes or other matters in controversy shall be resolved as follows. In lieu of or prior to litigation, the parties shall endeavor to settie disputes by mediation in accordance with tiie Construction Industry Mediation Rules ofthe American Arbitration Association then in effect unless the parties mutualy agree othenvise to a different method of altemative dispute resolution. 4.8 WAIVER 4.8.1 A waiver of or failure by, the City or City's Representative to enforce any requirement in this Article 4, including, without limitation, the requirements in Articles 4.2, 4.3, 4.4, and 4.5 in connection with any Claim shall not constitute a waiver of and shall not preclude the City or City's Representative from enforcing, such requirements in connection with any other Claims. 4.8.2 The Design Build Entity agrees and understands that no oral approval, either express or implied, of any Claim shall be binding upon the City unless and until such approval is ratified by execution of a written Change Order. ARTICLE 5 SUBCONTRACTORS 5.1 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.1.1 Design Build Entity shall submit to the City's Representative an updated Expanded List of Subcontractors (see contract Standard Fonns) along with their respective addresses, telephone numbers, e-mail addresses and Design Builder's license numbers. The Expanded List of Subcontractors shall be provided no later than thirty (30) days after the date which the City provides Letter of Design Review. If the Project is to proceed on a fast track/phased basis as identified in the exhibits, then a 12-2-14 Page 30 of 57 General Conditions ^5 Jp^' Safety Training Center \^ City of SolarPV C Carlsbad c Letter of Design Review will be issued by the City for each such design submittal associated with a particular phase and identified in the Standard Fomis. Failure to identify Subcontractors within the fime period(s) above shall commit the Design Build Enfity to carrying out the Construction Woric with its own forces. 5.1.2 The City has the right to request all documentafion that supports the Design Build Entity's selection of a Subcontractor. The City shall have the right of final approval as to the qualificaUon(s) of a Subcontractor to perfomi its designated scope of work. Within the City's sole discretion, any Subcontractor may be deemed not qualified to perfomi work on the Project if the City or City's Representative determines that the Subcontractor fails to meet the requirements of the Contract Documents, or for any other reason. 5.1.3 The Subcontractors listed by Design Build Entity shall only be substituted in strict accordance with the "Subletting and Subcontracting Fair Practices Acf and upon the written consent of the City. Only upon compliance with the "Subletting and Subcontracting Fair Practices Acf and with the written consent of the City shall a substitution be made. 5.1.4 Any increase in the cost of the Work resulting from the replacement or substitution of a Subcontractor pursuant to above Article 5.1.3 or as required by the City or City's Representative pursuant to above Article 5.1.2, shall be borne solely by Design Build Entity. Design Build Entity shall not be entitied to any increase in Contract Sum or an extension of Contract Time due to such replacement or substitution. 5.2 SUBCONTRACTUAL RELATIONS 5.2.1 Any part of the Woric perfonned for Design Build Entity by a first-tier Subcontractor shall be pursuant to a written subcontract. Each such subcontract shall require the Subcontractor, to the extent of the Woric to be performed by the Subcontractor, to be bound to Design Build Entity by the terms and conditions of the Contract Documents between the City and the Design Builder, to assume toward Design Buiid Entity all the obligations and responsibilities which Design Build Entity assumes towards the City by the Contract Documents, and to perfomi such portion of the Woric in accordance with the Contract Documents. Each such subcontract shall preserve and protect the rights of the City under the Contract Documents, with respect to the Woric to be performed by Subcontractor, so that subcontracting thereof will not prejudice such rights. Design Build Entity shall cause each such subcontract to expressly include the following requirements: , 1 Subcontractor waives all rights that Subcontractor may have against the City for damages caused by fire or other perils covered by builder's risk property insurance carried by Design Build Entity or the City, except for such rights Subcontractor may have to the proceeds of such insurance held by the City under Article 11 of the General Conditions. .2 The City, and entities and agencies designated by the City, will have access to and the right to audit and the right to copy, at City's cost, all of Subcontractor's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders, and memoranda relating to the Wortc. Subcontractor shall preserve all such records and other items for a period of at least 3 years after Final Completion. .3 Subcontractor recognizes the rights of the City under Article 5.3 of the General Conditions, Contingent Assignment of Subcontracts, and agrees, upon notice from the City that the City has elected to accept said assignment and to retain Subcontractor pursuant to the temis of the subcontract, to complete the unperfomned obligations under the subcontract and, if requested by the City, to execute a written agreement confimiing that Subcontractor is bound to City under the terms of the subcontract. .4 Design Build Enfity is responsible for reviewing and coordinating the Work of and among his Subcontractors and Design Professionals. This review and coordination includes, but is not limited to, resolution of any inconsistencies, errors or omissions. .5 Bonds and Insurance between any Subcontractor and Design Builder is between the two parties and the responsibility of the two parties. 5.2.2 Upon the request of the City, Design Build Entity shall promptly furnish to the City a true, complete, and executed copy of any subcontract. 5.2.3 Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and City, except when, and only to the extent that, the City elects to accept the assignment of the subcontract with such Subcontractor pursuant to Article 5.3 of the General Conditions, Contingent Assignment of Subcontracts. 12-2-14 Page 31 of 57 General Conditions Jp^" Safety Training Center \^ City of SolarPV Carlsbad 5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.3.1 Design Build Entity hereby assigns to the City all its interest in first-tier subcontracts now or hereafter entered into by Design Build Entity for perfonnance of any part of the Work. The assignment will be effective upon acceptance by the City in writing and only as to those subcontracts which the City designates in writing. The City may accept said assignment at any time during the course of the Woric and prior to Final Completion in the event of a suspension or termination of Design Build Entity's rights under the Contract Documents. Such assignment is part of the consideration to the City for entering into the Contract with Design Build Entity and may not be withdrawn prior to Final Completion. ARTICLE 6 CONSTRUCTION BY THE CITY OR BY SEPARATE CONTRACTORS 6.1 THE CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The City reserves the right to award separate contracts for, or to perfonn with its own forces, construction or operations related to the Work or other construction or operations at or affecting the Project site, including portions of the Woric which have been deleted by Change Order. Design Build Entity shall cooperate with the City's forces and Separate Contractors. 6.1.2 The City will provide coordination of the activities of the City's forces and of each Separate Contractor with the Work of Design Build Entity. Design Build Entity shall participate with the City and Separate Contractors in joint review of construction schedules and Project requirements when directed to do so. Design Build Entity shall make necessary revisions to the Contract Schedule after such joint review. 8.2 MUTUAL RESPONSIBILITY 6.2.1 Design Build Entity shall afford the City and Separate Contractors reasonable opportunity for introduction and storage .»*m^ of their materials and equipment and perfonnance of their activities. Design Build Entity shall connect, schedule, and coordinate J its construction and operations with the construction and operations of the City and Separate Contractors as i-equired by the Contract Documents. 6.2.2 If a portion of the Woric Is dependent upon the proper execution or results of other construction or operations by the City or Separate Contractors, Design Build Entity shall inspect such other design or construction or operations before proceeding with that portion of the Woric. Design Build Entity shall promptiy report to the City's Representative apparent discrepancies or defects which render the other design, constmction or operations unsuitable to receive the Woric. Unless othenwise directed by the City's Representative, Design Build Entity shall not proceed with the portion of the Woric affected until apparent discrepancies or defects have been corrected. Failure of Design Build Entity to so report within a reasonable time after discovering such discrepancies or defects shall constitute an acknowledgment that the other construction or operations by the City or Separate Contractors is suitable to receive the Work, except as to defects not then reasonably discoverable. 6.3 CITY'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises between Design Build Entity and Separate Contractors as to the responsibility under their respective contracts for maintaining the Project site and surrounding areas free from waste materials and rubbish, the City may clean up and allocate the cost between those finns it deems to be responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 CHANGES 7.1.1 The City may, from fime to time, order or authorize additions, deletions, and other changes in the Woric by Change Order or Field Order without invalidating the Contract and without notice to sureties. Absence of such notice shall not relieve such sureties of any of their obligations to the City. 12-2-14 Page 32 of 57 General Conditions Jp^"' Safety Training Center \^ City of SolarPV Carlsbad 7.1.2 Design Build Entity may request a Change Order under the procedures specified in Article 4.2 of the General Conditions. 7.1.3 A Field Order may be issued by the City, does not require the agreement of Design Buiid Entity, and shall be valid with or without the signature of Design Build Entity. 7.1.4 Design Build Entity shall proceed promptly with any changes in the Work, unless othera/ise provided in the relevant Change Order or Field Order. 7.2 CHANGES DEFINITIONS 7.2.1 A Change Order is a Contract Document (as shown in the Standard Fonns) which has been signed by both the City and Design Build Entity, and states their agreement, as applicable, to any of the following: . 1 A change in the Woric. .2 The amount of an adjustment of the Contract Sum. .3 The amount of an adjustment of the Contract Time. .4 A modification to any other Contract term or condition. 7.2.2 A Unilateral Change Order may also be issued by the City, without Design Build Entity's signature, where the City detennines that a change in the Work requires an adjustment of the Contract Sum or Contract Time as ttie City believes to be properly due Design Build Entity, even though no agreement has been reached between the City and Design Build Entity with regard to such change in the Work. 7.2.3 A Field Order (as shown in the Standard Fonns) is a Contract Document issued by the City that orders the Design Build Entity to perform Work. A Field Order may, but need not, constitute a change in the Woric and may, but need not, entitie Design Build Entity to an adjustment of the Contract Sum or Contract Time. 7.3 CHANGE ORDER PROCEDURES 7.3.1 Design Build Entity shall provide a Change Order Request and Cost Proposal pursuant to Article 4.2 of the General Conditions and this Article 7.3. Adjustments of the Contract Sum resulting from Extra Woric and Deductive Woric shall be detemiined using one of the methods described in this Article 7.3. Adjushnents of the Contract Time shall be subject to the provisions in Article 8 of the General Conditions. Design Build Entity's obligation to provide Cost Proposals shall be subject to the following: .1 The obligation of Design Build Entity to provide Cost Proposals is not Extra Wortc, and shall not entitle the Design Build Entity to an adjustment of the Contract Sum or Contract Time. .2 The failure of Design Build Entity to timely provide a Cost Proposal pursuant to Article 4.2 of the General Conditions and this Article 7.3.1 is a material breach ofthe Contract. Design Build Entity shall be responsible for any delay in implementing a change for which Design Build Entity failed to timely provide a Cost Proposal consistent with the requirements of Article 4.2 of the General Conditions and this Article 7.3.1. 7.3.2 The term "Cost of Extra Woric" as used in this Article 7.3 shall mean actual costs incurred or to be incurred by Design Build Entity and each Subcontractor regardless of tier involved, to the extent not othenwise disallowed under Article 7.3.3, and shall be limited to the following (to the extent the Design Build Entity demonstrates that the costs are both reasonable and actually incurred, if such costs have been incurred): .1 Straight-time wages or salaries for employees employed at the Project site, or at fabrication sites off the Project site, incurred as a result of performance of the Extra Woric. .2 Fringe Benefits and Payroll Taxes for employees employed at the Project site, or at fabrication sites off the Project site, incurred as a result of performance of the Extra Wortc. Except: Bonuses, cell phone units and portable computers, entertainment, etc. 12-2-14 Page 33 of 57 General Conditions C Safefy Training Center City of SolarPV Carlsbad .3 Overtime wages or salaries, specifically authorized in writing by the City's Representative, for employees employed at the Project site, or at fabrication sites off the Project site, incurred as a result of perfonnance of the Extra Work. .4 Fringe Benefits and Payroll Taxes for overtime Woric specifically authorized in writing by the City's Representative, for employees employed at the Project site, or at fabrication sites off the Project site, incurred as a result of perfonnance of the Extra Woric. .5 Costs of materials and consumable items which are fumished and incorporated into the Extra Woric, as approved by the City's Representative. Such costs shall be charged at the lowest price available to the Design Build Entity but in no event shall such costs exceed competitive costs obtainable from other Subcontractors, suppliers, manufacturers, and distributors in the area of the Project site. All discounts, rebates, and refunds and all returns from sale of surplus materials and consumable items shall accrue to the City and Design Build Entity shall make provisions so that they may be obtained. .6 Sales taxes on the costs of materials and consumable items which are incorporated into and used in the perfomiance of the Extra Woric pursuant to Article 7.3.2.5 above. .7 Rental charges for necessary machinery and equipment, whether owned or hired, as authorized in writing by the City's Representative, exclusive of hand tools, used directly in the perfonnance of the Extra Woric. Such rental charges shall not exceed the current Equipment Rental Rates published by the California Department of Transportation for the area in which the work is performed. Such rental rates are found at http://www.dot.ca.gov/hq/construc/equipmnt.html. Design Build Entity shall attach a copy ofsaid schedule to the Cost Proposal. The charges for any machinery and equipment shall cease when the use thereof is no longer necessary for the Extra Woric. .8 Additional costs of royalties and pennits due to the performance of the Extra Work. .9 Cost for revisions in the Construction Documents, when such revisions are inconsistent with approvals or instructions previously given by the City. Revisions made necessary by adjushnents in the City's program or project budget such costs to be computed at the hourly rates specified in the Design Professional Rate Schedule in the Contract Documents. .10 The cost for Insurance and Bonds shall be actual and mirror overall contract temis .1 through .9 above. The City and Design Build Entity may agree upon rates to be charged for any of the items listed in this Article 7.3.2. Such agreed upon rates shall be subject to audit pursuant to Article 15.7 of the General Conditions. Design Build Entity shall promptly refund to the City any amounts (including associated mark-ups) in excess of the actual costs of such items. 7.3.3 Cost of Extra Woric shall not include any of the following: .1 Superintendent(s).2 Assistant Superintendent(s) .3 Project Engineer(s) .4 Project Manager(s) .5 Scheduler(s) .6 Estimator(s) .7 Small tools (Replacement value does not exceed $300) .8 Office expenses including staff, materials and supplies. .9 On-site or off-site trailer and storage rental and expenses. .10 Site fencing. .11 Utilities including gas, electric, sewer, water, telephone, facsimile, copier equipment. .12 Data processing personnel and equipment. .13 Federal, state, or local business income and franchise taxes. 12-2-14 Page 34 of 57 General Conditions Jp*'. f. Safety Training Center %^CltyOl SolarPV Q Carlsbad .14 Overhead and Profit. .15 Costs and expenses of any kind or item not specifically and expressly included in Article 7.3.2 above. .16 Costs in Article 7.3.2.9 in excess of the houriy rates included in the Design Professional Rate Schedule. 7.3.4 The term "Design Build Entity Fee" shall mean the full amount of compensafion, both direct and indirect (including without limitation all overhead and profit), to be paid to Design Build Entity for its own Woric and the Wortc of all Subcontractors, for all costs and expenses not included in the Cost of Extra Work, whether or not such costs and expenses are specifically referred to in Article 7.3.3 above. The Design Build Entity Fee shall not be compounded. The Design Build Entity Fee shall be computed as follows when the change impacts the Construction Woric, or for the portion of the change that is related to Construction Work: .1 Ten percent (10%) of the cost of that portion of the Extra Work to be perfomied by the Design Build Entity with its own forces. .2 Ten percent (10%) of the cost of that portion of the Work to be performed by a Subcontractor with its own forces, plus 5% for the Design Build Entity. Total combined Design Build Entity and Subcontractor fee shall not exceed 15%. .3 Ten percent (10%) of the cost of that portion of the Woric to be performed by a sub-Subcontractor with its own forces, or any lower tier of Subcontractor, plus 5% for the Subcontractor, plus 5% for the Design Build Entity. Total combined Design Build Entity, Subcontractor and all sub-Subcontractor fees shall not exceed 20%. .4 Notwithstanding the foregoing, the Design Build Entity Fee for additional Design Woric under 7.3.2.9 of the General Conditions shall be 3% ofthe cost of such additional Design Woric perfomied by a Design Professional. The cost of such additional Design Work shall be computed using the houriy rates in the Standard Forms. The fee for the Design Professional Subcontractors shall be the overhead/profit rate specified in the Design Professional Rate Schedule. 7.3.5 Compensation for Extra Work shall be computed on the basis of one or more of the following: .1 Where the Woric involved is covered by Unit Prices contained in the Contract Documents, by application of the Unit Prices to the quantities ofthe items involved. .2 Where the Woric involved is not covered in the RFP or by Unit Prices contained in the Contract Documents, by application of the Unit Prices in 2012 RS Means Cost Data multiplied by the quantity to be adjusted multiplied by the appropriate adjustment factor. .3 Where the Work involved requires revisions to the Construction Documents when such revisions are inconsistent with approvals or instructions previously given by the City, including revisions made necessary by adjustments in the City's program or project budget, by application of the houriy rates reflected in the Design Professional Rate Schedule. .4 Where Articles 7.3.5.1,7.3.5.2 and 7.3.5.3 above are not applicable, a mutually agreed upon lump sum supported by a Cost Proposal pursuant to Article 7.3.1 of the General Conditions. .5 If the City and Design Build Entity cannot agree upon a lump sum , by Cost of Extra Woric plus Design Build Entity Fee applicable to such Extra Woric. 7.3.6 As a condition to Design Build Entity's right to an adjustment of the Contract Sum, pursuant to Article 7.3.5.5 above. Design Build Entity must keep daily detailed and accurate records itemizing each element of cost and shall provide substantiating records and documentation, including time cards and invoices. Such records and documentation shall be submitted to and approved by the City's Representative on a daily basis. 7.3.7 For Woric to be deleted by Change Order, the reduction of the Contract Sum shall be computed on the basis of one or more of the following: .1 Unit Prices stated in the Contract Documents. 12-2-14 Page 35 of 57 General Conditions Jp^''. f. Safety Training Center \^ City of SolarPV Carlsbad .2 Unit Prices agreed upon by the City and Design Build Entity. .3 Where Unit Prices are not applicable, a lump sum agreed upon by the City and Design Build Entity, based upon the actual costs which would have been incurred in perfomiing the deleted portions of the Work as calculated in accordance with Articles 7.3.2 and 7.3.3 above and supported by a Cost Proposal pursuant to Article 7.3.1 above. 7.3.8 If any one Change involves both Extra Work and Deleted Work in the same portion of the Work, a Design Build Entity Fee will not be allowed if the deductive cost exceeds the additive cost. If the additive cost exceeds the deductive cost, a Design Build Entity Fee will be allowed only on the difference between the two amounts. 7.3.9 The Contract Sum will be adjusted for a delay if and only if Design Build Entity demonstrates that all of the following four conditions are met: .1 Condition Number One: The delay results in an extension of the Contract Time pursuant to Article 8.4.1 of the General Conditions. .2 Condition Number Two: The delay is caused solely by one, or more of the following: .1 An error or omission in the Contract Documents caused by the City and not as a result of Design Build Entity's failure to confomi to criteria documents, perfonnance standards, Constmction Documents, or Contract Documents; or .2 The City's decision to change the scope of the Work, where such decision is not the result of any default or misconduct ofthe Design Build Entity; or .3 The City's decision to suspend the Work, where such decision is not the result of any default or misconduct ofthe Design Build Entity; or .4 The failure of the City (including the City acting through its consultants. Design Professionals, Separate ^1 Contractors or the City's Representative) to perform any Contract obligation where the failure to so perfomi is not the result of any default or misconduct of the Design Build Entity. .5 A materially differing site condition pursuant to Article 3.24 of the General Conditions. .3 Condition Number Three: The delay is not concurrent with a delay that is caused by an event other than those listed in Article 7.3.9.2 above. .4 Condition Number Four: The delay is not caused, in whole or in part, by an event which occurs during the perfonnance of completing the construction drawings. 7.3.10 For each day of delay that meets all four conditions prescribed in Article 7.3.9 above, the Contract Sum will be adjusted by the daily rate included in the Agreement and specifically identified as the rate to be paid to Design Build Entity for Compensable Delays as agreed upon for the applicable Phase. Pursuant to Article 9.7.4 of the General Conditions, said daily rate shall not apply to delays occurring after Substantial Completion. 7.3.11 Except as provided in Articles 7 and 8, Design Build Entity shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. 7.3.12 If for any reason one or more of the conditions prescribed in Article 7.3.9 above is held legally unenforceable, the remaining conditions must be met as a condition to obtaining an adjustment ofthe Contract Time under Article 7.3.10 above. 7.4 FIELD ORDERS 7.4.1 Field Orders issued by the City's Representative shall be subject to the following: . 1 A Field Order may state that it does or does not constitute a change in the Work. .2 If the Field Order states that it does not constitute a change in the Woric and the Design Build Entity asserts that the Field Order constitutes a change in the Wortc, in order to obtain an adjustment of the Contract Sum or Contract Time for the Wortc encompassed by the Field Order, Design Build Entity must follow all procedures set forth in 12-2-14 Page 36 of 57 General Conditions Jp* Safefy Training Center City of SolarPV C Carlsbad Article 4 of the General Conditions, starting with the requirement of submitting a timely Change Order Request within 7 days of Design Build Entity's receipt of the Field Order; failure to strictiy follow those procedures is a bar to any Claim for an adjustment of ttie Contract Sum or Contract Time arising from performance of the Woric described in the Field Order. .3 If the Field Order states that it does constitute a change in the Work, the Woric described in the Field Order shall be considered Extra Work and the Design Build Entity shall be entitled to an adjustment of the Contract Sum and Contract Time, calculated under and subject to Design Build Entity's compliance with the procedures for verifying and substantiating costs and delays in Articles 7 and 8 ofthe General Conditions. .4 In addition, if the Field Order states that it does constitute a change in the Woric, the Field Order may or may not contain the City's estimate of adjustment of Contract Sum and/or Contract Time. If the Field Order contains an estimate of adjushnent of Contract Sum or Contract Time, the Field Order is subject to the following: .1 The Design Build Entity shall not exceed the City's estimate of adjustment to Contract Sum or Contract Time without written authorization by the City's Representative. .2 If the Design Build Entity asserts that the change in the Woric encompassed by the Field Order may entitie Design Build Entity to an adjustment of Contract Sum or Contract Time in excess of the City's estimate, in order not to be bound by the City's estimate Design Build Entity must follow all procedures set forth in Article 4 of the General Conditions, starting with the requirement of submitting a timely Change Order Request within 7 days of Design Build Entity's receipt of the Field Order; failure to strictly follow those procedures is a bar to any Claim for an adjustment of the Contract Sum or Contract Time, in excess of the City's estimate, arising from perfomiance of the Work described in the Field Order. 7.4.2 Upon receipt of a Field Order, Design Build Entity shall promptly proceed to perform the Work as ordered in the Field Order notwithstanding any disagreement by the Design Build Entity concerning whether the Work is extra. 7.5 VARIATION IN QUANTITY OF UNIT PRICE WORK 7.5.1 The City has the right to increase or decrease the quantity of any Unit price item for which an estimated quantity is stated in the Bid Form. 7.6 WAIVER 7.6.1 A waiver of or failure by, the City or City's Representative to enforce any requirement in this Article 7, including, without limitation, the requirements in Articles 7.3.6, 7.3.8, 7.3.9, 7.3.10, 7.3.11, or 7.3.12 in connection with any adjustment of the Contract Sum, will not constitute a waiver of and will not preclude the City, or City's Representative, from enforcing such requirements in connection with any other adjustments of the Contract Sum. 7.6.2 The Design Build Entity agrees and understands that no oral approval, either express or implied, of any adjustment of the Contract Sum by the City or its agents shall be binding upon the City unless and until such approval is ratified by execution of a written change order. ARTICLE 8 CONTRACT TIME 8.1 COMMENCEMENT OF THE WORK 8.1.1 The date of commencement ofthe Phase of the Work shall be setforth in the applicable Notice To Proceed. The date of commencement of the Woric shall not be postponed by the failure of Design Build Entity, Subcontractors, or of persons or firms for whom Design Build Entity is responsible, to act. 8.2 PROGRESS AND COMPLETION 8.2.1 By signing the Agreement: 12-2-14 Page 37 of 57 General Conditions Jp"'. f. Safety Training Center ^ City of SolarPV Carlsbad .1 Design Build Entity represents to the City that the Contract Time is reasonable for perfomiing the Work and that Design Build Entity is able to perfonn the Woric within the Contract Time. .2 Design Build Entity agrees that the City is purchasing the right to have the Design Build Entity present on the Project site for the full duration of the Contract Time applicable to the Construction Phase, even if Design Build Entity could finish the Contract in less than the Contract Time. 8.2.2 Design Build Entity shall not, except by agreement or instruction of the City in writing, commence operations on the Project site or elsewhere prior to the effective date of insurance required by Article 11 of the General Conditions to be furnished by Design Build Entity. The dates of commencement and Final Completion of the Work shall not be changed by the effective date of such insurance. 8.2.3 Design Build Entity shall proceed expeditiously with adequate forces and shall achieve Final Completion of the Work within the Contract Time. If the City's Representative determines and notifies Design Build Entity that Design Build Entity's progress is such that Design Build Entity will not achieve Final Completion of the Work within the Contract Time, Design Build Entity shall immediately and at no additional cost to the City, take all measures necessary, including working such overtime, additional shifts, Sundays, or holidays as may be required to ensure that Design Build Entity will achieve Final completion of the Woric within the Contract Time. Upon receipt of such notice from the City's Representative, Design Build Entity shall immediately notify the City's Representative of all measures to be taken to ensure Final Completion of the Woric within the Contract Time. Design Build Entity shall reimburse the City for any extra costs or expenses (including the reasonable value of any services provided by the City's employees) incurred by the City as the result of such measures. 8.3 DELAY 8.3.1 Except and only to the extent provided otherwise in Articles 7 and 8 of the General Conditions, by signing the Agreement, Design Build Entity agrees: . 1 To bear the risk of delays to the Woric; and .2 That Design Build Entity's Proposal for the Contract was made with full knowledge of this risk. 8.3.2 In agreeing to bear the risk of delays to the Woric, Design Build Entity understands that, except and only to the extent provided othenwise in Articles 7 and 8 of the General Conditions, the occurrence of events that delay the Work shall not excuse Design Build Entity from its obligation to achieve Final Completion of the Work within the Contract Time, and shall not entitie the Design Build Entity to an adjustment of the Contract Sum. 8.4 ADJUSTMENT OF THE CONTRACT TIME FOR DELAY - LD's $500.00 8.4.1 Subject to Article 8.4.2 below, the Contract Time will be extended for each day of delay for which Design Build Entity demonstrates that all of the following four conditions have been met; a time extension will not be granted for any day of delay for which Design Build Entity fails to demonstrate compliance with the four conditions: .1 Condition Number One: The delay is critical. A delay is critical if and only to the extent it delays a woric activity that cannot be delayed without delaying Final Completion of the Wortc to a date that is beyond the Contract Time. The Baseline Contract shall be the basis for determining the critical path activities. .2 Condition Number Two: Within 7 days of the date the Design Build Entity discovers or reasonably should discover an act, en-or, omission or unforeseen condition or event causing the delay is likely to have an impact on the critical path of the Project, (even if the Design Build Entity has not yet been delayed when the Design Build Entity discovers or reasonably should discover the critical path impact of the act, error, omission or unforeseen condition giving rise to the delay) the Design Build Entity submits a timely and complete Change Order Request that meets the requirements of Article 4.2 of the General Conditions. .3 Condition Number Three: The delay is not caused by: .1 A concealed, unforeseen or unknown condition or event except for a materially differing site condition pursuant to Article 3.26 of the General Conditions; or .2 The financial inability, misconduct or default of the Design Build Entity, a Subcontractor or supplier; or 12-2-14 Page 38 of 57 General Conditions Jp^" Safety Training Center City of SolarPV C Carlsbad .3 The unavailability of materials or parts; or .4 An error or omission in the Contract Documents caused by Design Build Entity or Design Build Entity's Design Consultants. .4 Condition Number Four: The delay is caused by: .1 Fire; or .2 Strikes, boycotts, or like obstructive actions by labor organizations; or .3 Acts of God (As used herein, "Acts of God" shall include only earthquakes in excess of a magnitude of 3.5 on the Richter Scale and tidal waves); or .4 A materially differing site condition pursuant to Article 3.24 of the General Conditions; or .5 An error or omission in the Contract Documents caused by the City; or .6 The City's decision to change the scope of the Work, where such decision is not the result of any default or misconduct of the Design Build Entity; or .7 The City's decision to suspend the Wortc, where such decision is not the result of any default or misconduct of the Design Build Entity; or .8 The failure of the City (including the City acting through its consultants. Design Professionals, Separate Contractors or the City's Representative) to perfomi any Contract obligation unless such failure is due to Design Build Entity's default or misconduct. .9 "Adverse weather but only for such days of adverse weather, or on-site conditions caused by adverse weather, that are in excess of the number of days specified in the Supplementary Conditions. In order for a day to be considered a day of adverse weather for the purpose of detennining whether Design Build Entity is entitied to an adjustment in Contract Time, both of the following conditions must be met: .1 The day must be a day in which, as a result of adverse weather, less than one half day of critical path woric is perfomied by Design Build Entity; and .2 The day must be identified in the Contract Schedule as a scheduled work day. 8.4.2 If and only if a delay meets all four conditions prescribed in Article 8.4.1 above, then a time extension will be granted for each day that Final Completion of the Woric is delayed beyond the Contract Time, subject to the following: .1 When two or more delays (each of which meet all four conditions prescribed in Article 8.4.1 above) occur concurrently on the same day, and each such concurrent delay by itself without consideration of the other delays would be critical, then all such concurrent delays shall be considered critical. For the purpose of determining whether and to what extent the Contract Time should be adjusted pursuant to this Article 8.4.2, such concurrent critical delays shall be treated as a single delay for each such day. .2 Design Build Entity shall be entitied to a time extension for a day of delay that meets all four requirements of Article 8.4.1 above if the delay is concurrent with a delay that does not meet all four conditions of Article 8.4.1 above. 8.4.3 If for any reason one or more of the four conditions prescribed in Article 8.4.1 above is held legally unenforceable, then all remaining conditions must be met as a condition to obtaining an extension of the Contract Time under Article 8,4.2 above. 8.5 COMPENSATION FOR DELAY 8.5.1 To the maximum extent allowed by law, any adjustment of the Contract Sum as the result of delays shall be limited to the amounts specified in Article 7 of the General Conditions. Such adjustment shall, to the maximum extent allowed by law, consfitute payment in full forall delay related costs (including costs for dismption, interruption and hindrance, general condifions, '\t^' on and off-site overtiead and profit) of Design Build Entity, its Suppliers and Subcontractors of all tiers and all persons and 12-2-14 Page 39 of 57 General Conditions Jp^' . Safety Training Center \^ City of SolarPV Carlsbad entities woricing under or claiming through Design Build Entity in connection with the Project. 8.5.2 By signing the Agreement, the parties agree that the City is buying the right to do any or all of the following, which are reasonable and within the contemplation of the parties: .1 To order changes in the Woric, regardless of the extent and number of changes, including without limitation: .1 Changes to correct errors or omissions caused by the City, If any, in the Contract Documents. .2 Changes resulting from the City's decision to change the scope of the Woric subsequent to execution of the Contract. .3 Changes due to unforeseen conditions. .2 To suspend the Work or any part thereof .3 To delay the Work, including without limitation, delays resulting from the failure of the City or the City's Representative to timely perfonn any Contract obligation and delays for the City's convenience. 8.6 WAIVER 8.6.1 A waiver of or failure by, the City or City's Representative to enforce any requirement in this Article 8, including without limitation the requirements in Article 8.4 above, in connection with any or all past delays shall not constitute a waiver of and shall not preclude the City or City's Representative from enforcing, such requirements in connection with any present or future delays. 8.6.2 Design Build Entity agrees and understands that no oral approval, either express or implied, of any time extension by the City or its agents shall be binding upon the City unless and until such approval is ratified by execution of a written Change Order. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 COST BREAKDOWN 9.1.1 Within 10 days after receipt ofthe Construction Notice to Proceed for Phase 3, Design Build Entity shall submit to the City's Representative a Cost Breakdown of the Contract Sum in the fomn contained in the Standard Fomns. The Cost Breakdown shall itemize as separate line items the cost of each woric activity and all associated costs, including but not limited to warranties, as-built documents, overhead expenses, and the total allowance for profit. Insurance and bonds shall each be listed as separate line items. The total of all line items shall equal the Contract Sum. The Cost Breakdown, when approved by the City's Representative, shall become the basis for determining the cost of Work perfonned for Design Build Entity's Applications for Payment. 9.2 PROGRESS PAYMENT 9.2.1 The City agrees to pay monthly to Design Build Entity, subject to Article 9.4.3 of the General Conditions, an amount equal to 95% of the sum of the following: .1 Cost of the Construction Woric in permanent place as of the date of the Design Build Entity's Application For Payment. .2 Cost of materials not yet incorporated in the Construction Work, subject to Article 9.3.5 of the General Conditions. .3 Less amounts previously paid. .4 During the Design Woric, the City shall pay Design Build Entity monthly a uniform amount prorated, based on the Contract Time and Contract Sum associated with the Constmction Documents Phase. Under this Article 9.2.1, City may, but is not required to, pay Design Build Entity more frequently than monthly. 12-2-14 Page 40 of 57 General Conditions ^^^^^ Jp^" Safety Training Center %^CltyOI SolarPV Q, Carlsbad 9.2.2 After Substantial Completion and subject to Article 9.4.3 of the General Conditions, the City will make any of the remaining progress payments in full. 9.3 APPLICATION FOR PAYMENT 9.3.1 On or before the 5th day of the month or such other date as is established by the Contract Documents, Design Build Entity shall submit to the City's Representative an itemized Application For Payment, for the cost of the Woric in pennanent place, as approved by the City's Representative, which has been completed in accordance with the Contract Documents, less amounts previously paid. The Application For Payment shall be prepared as follows: .1 Use the fonn contained in the Standard Fomns. .2 Itemize in accordance with the Cost Breakdown as applicable. .3 Include such data substantiating Design Build Entity's right to payment as the City's Representative may reasonably require, such as invoices, certified payrolls, daily time and material records, and, if securities are deposited in lieu of retention pursuant to Article 9.5 of the General Conditions, a certification of the maricet value of all such securities as of a date not eariier than 5 days prior to the date of the Application For Payment as applicable. .4 Itemize retention. 9.3.2 Applications For Payment shall not include requests for payment on account of (1) changes which have not been authorized by Change Orders or (2) amounts Design Build Entity does not intend to pay a Subcontractor because of a dispute or other reason. 9.3.3 If required by the City, an Application For Payment shall be accompanied by (1) a summary showing payments that 'v.^ will be made to Subcontractors covered by such application and conditional releases upon progress payment or final payment and (2) unconditional waivers and releases of claims and stop notices, in the form contained in the Standard Fomns, from each Subcontractor listed in the preceding Application For Payment covering sums disbursed pursuant to that preceding Application For Payment. 9.3.4 Design Build Entity warrants that, upon submittal of an Application For Payment, all Work, for which Certificates For Payment have been previously issued and payment has been received from the City, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Design Build Entity, Subcontractors, or other persons or flmis entitied to make claims by reason of having provided labor, materials, or equipment relating to the Woric. 9.3.5 At the sole discretion of the City, City's Representative may approve for inclusion in the Application For Payment the cost of materials not yet incorporated in the Construction Woric but already delivered and suitably stored either at the Project site or at some other appropriate location acceptable to the City's Representative. In such case. Design Build Entity shall furnish evidence satisfactory to the City's Representative (1) of the cost of such materials; and (2) that such materials are under the exclusive control of Design Build Entity. Only materials to be incorporated in the Woric will be considered for payment. Any payment shall not be construed as acceptance of such materials nor relieve Design Build Entity from sole responsibility for the care and protection of such materials; nor relieve Design Build Entity from risk of loss to such materials from any cause whatsoever; nor relieve Design Build Entity from its obligation to complete the Woric in accordance with the Contract; nor act as a waiver of the right of the City to require fulflllment of all temis of the Contract. Nothing contained within this Article 9.3.5 shall be deemed to obligate the City to agree to payment for any non-incorporated materials or any part thereof payment being in the sole and absolute discretion of the City. 9.4 CERTIFICATE FOR PAYMENT 9.4.1 If Design Build Entity has submitted an Application For Payment in accordance with Article 9.3 above, the City's Representative shall, not later than 5 working days after the date of receipt of the Application For Payment, issue to the City, with a copy to Design Build Entity, a Certificate For Payment for such amount as the City's Representafive determines to be properiy due. 9.4.2 If any such Application For Payment is detennined not to be in accordance with Article 9.3 above, the City will inform C Design Build Entity as soon as practicable, but not later than 5 working days after receipt. Thereafter, Design Build Entity shall have 3 days to revise and resubmit such Application For Payment; otherwise the City's Representative may issue a Certificate 12-2-14 Page 41 of 57 General Conditions Jp^' j^. n Safety Training Center \^ City of SolarPV Carlsbad For Payment in the amount that the City's Representafive determines to be properiy due without regard to such Applicafion For Paymenf 9.4.3 Approval of all or any part of an Application For Payment may be withheld, a Certificate For Payment may be withheld, and all or part of a previous Certificate For Payment may be nullified and that amount withheld from a current Certificate For Payment on account of any of the following: .1 Defective Wortc not remedied. .2 Third-party claims against Design Build Entity or the City arising from the acts or omissions of Design Build Entity or Subcontractors. .3 Stop notices. .4 Failure of Design Build Entity to make timely payments due Subcontractors. (Stop Notices are withheld at 1.25% per Public Contract Code) .5 A reasonable doubt that the Woric can be completed for the balance of the Contract Sum then unpaid. .6 Damage to the City or Separate Contractor for which Design Build Entity is responsible. .7 ReasonatJle evidence that the Woric will not be completed within the Contract Time; and that the unpaid balance of the Contract Sum would not be adequate to cover the City's damages for the anticipated delay. .8 Failure of Design Build Entity to maintain and update as-built documents. .9 Failure of Design Build Entity to submit schedules or their updates as required by the Contract Documents. .10 Failure to provide conditional or unconditional releases from any Subcontractor or supplier, if such waiver(s) have been requested by the City's Representative. .11 Performance of Woric by Design Build Entity without properiy processed Shop Drawings. .12 Liquidated damages assessed in accordance with the Agreemenf .13 Failure to provide updated Reports of Subcontractor Information and Self-Certificafions, as applicable. .14 Failure to provide a Final Distribufion of Contract Dollars with final Applicafion for Payment. .15 Any other failure of Design Build Entity to perfonn its obligations under the Contract Documents. 9.4.4 Subject to the withholding provisions of Article 9.4.3 of the General Conditions, the City will pay Design Build Entity the amount set forth in the Certificate For Payment no later than 10 days after the issuance of the Certificate For Payment. 9.4.5 Neither the City nor City's Representative will have an obligafion to pay or to see to the payment of money to a Subcontractor, except as may othenwise be required by law. 9.4.6 Neither a Certificate for Payment nor a progress payment made by the City will constitute acceptance of Defective Wortc. 9.5 DEPOSIT OF SECURITIES IN LIEU OF RETENTION AND DEPOSIT OF RETENTION INTO ESCROW 9.5.1 At the request and expense of Design Build Entity, a substitution of securities may be made for any monies retained by the City under Article 9.2 to ensure perfonnance under the Contract Documents. Securities equivalent in value to the retention amount required by the Contract Documents for each Certificate For Payment shall be deposited by Design Build Entity with a state or federally chartered bank in the State of California ("Escrow Agenf), which shall hold such securities pursuant to the escrow agreement referred to in Article 9.5.3 until retention is due in accordance with Article 9.8. Securities shall be valued as often as conditions of the securities maricet warrant, but in no case less than once per month. Design Build Entity shall deposit additional securities so that the current market value of the total of all deposited securities shall be at least equal to the total required amount of retention. 12-2-14 Page 42 of 57 General Conditions C City of C Carlsbad Safety Training Center SolarPV 9.5.2 Alternatively to Article 9.5.1 above, and at the request and expense of Design Build Entity, the City will deposit retention directly with Escrow Agent Design Build Entity may direct the invesbnent of such deposited retention into interest bearing accounts or securities, and such deposits or securities shall be held by Escrow Agent upon the same temis provided for securities deposited by Design Build Entity. Design Build Entity and its surety shall bear the risk of failure of the Escrow Agent selected. 9.5.3 A prerequisite to the substitution of securities in lieu of retention or the deposit of retention into escrow shall be the execution by Design Build Entity, the City, and Escrow Agent of an Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention in the form contained in the Standard Forms. The Design Build Entity shall submit the Selection of Retention Options and the Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention not later than the date when 50% of the Work has been completed. The terms of such escrow agreement are incorporated into the requirements of this Article 9.5. 9.6 BENEFICIAL OCCUPANCY 9.6.1 The City reserves the right, at its option and convenience, to occupy or othenwise make use of any part of the Construction Woric at any time prior to Substantial Completion or Final Completion upon 10 days' notice to Design Build Entity. Such occupancy or use is herein referred to as "Beneficial Occupancy." Beneficial Occupancy shall be subject to the following condifions: .1 The City's Representafive will make an inspection of the portion of the Project to be beneficially occupied and prepare a list of items to be completed or corrected prior to Final Completion. Prior to Beneflcial Occupancy, the City will issue a Certificate of Beneflcial Occupancy on the City's form. .2 Beneficial Occupancy by the City shall not be construed by Design Build Entity as an acceptance by the City of that portion of the Construction Work which is to be occupied. .3 Beneficial Occupancy by the City shall not constitute a waiver of existing claims of the City or Design Build Entity against each other. .4 Design Build Entity shall provide, in the areas beneficially occupied and on a 24 hour and 7 day week basis as required, utility services, heating, and cooling for systems which are in operable condition at the time of Beneficial Occupancy. All responsibility for the operation and maintenance of equipment shall remain with Design Build Entity while the equipment is so operated. Design Build Entity shall submit to the City an itemized list of each piece of equipment so operated with the date operation commences. The Guarantee to Repair Periods, as defined in Article 12.2, will commence upon the occupancy date stated in the Certificate of Beneficial Occupancy except that the Guarantee to Repair Periods for that part of equipment or systems that serve portions of the Woric for which the City has not taken Beneflcial Occupancy or issued a Certificate of Substanfial Completion shall not commence until the City has taken Beneflcial Occupancy for that portion of the Woric or has issued a Certificate of Substantial Completion with respect to the entire Project. .5 The City will pay all normal operating and maintenance costs resulting from its use of equipment in areas beneficially occupied. .6 The City will pay all utility costs which arise out of the Beneficial Occupancy, all utility costs prior to Beneficial Occupancy shall be the Design Builder's responsibility. .7 Design Build Entity shall not be responsible for providing security in areas beneficially occupied. .8 The City will use its best efforts to prevent its Beneficial Occupancy from interfering with the conduct of Design Build Entity's remaining Woric. ,9 Design Build Entity shall not be required to repair damage caused by the City in its Beneficial Occupancy. . 10 Except as provided in this Article 9.6, there shall be no added cost to the City due to Beneficial Occupancy. .11 Design Build Entity shall continue to maintain all insurance required by the Contract in full force and effect. 9.7 SUBSTANTIAL COMPLETION 12-2-14 Page 43 of 57 General Conditions Ccityof Carlsbad Safety Training Center SolarPV 9.7.1 "Substantial Completion" means the stage in the progress of the Construction Work, as detemiined by the City's Representative, when the Construction Work is complete and in accordance with the Contract Documents except only for completion of minor items which do not impair the City's ability to occupy and fully utilize the Construction Work for its intended purpose and a Certificate of Occupancy has been issued by the City's Representative. 9.7.2 When Design Build Entity gives notice to the City's Representative that the Construction Woric is substantially complete, unless the City's Representative determines that the Construction Woric is not sufficiently complete to warrant an inspection to determine Substantial Completion, the City's Representative will inspect the Construction Woric. If the City's Representative determines that the Woric is not substantially completed the City's Representative will prepare and give to Design Build Entity a comprehensive list of items to be completed or corrected before establishing Substantial Completion. Design Build Entity shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Design Build Entity to complete all Constmction Woric in accordance with the Contract Documents. Upon notificafion that the items on the list are completed or corrected, as applicable, the City's Representative will make an inspection to detemiine whether the Construction Woric is substantially complete. Costs for additional inspection by the City's Representative shall be deducted from any monies due and payable to Design Build Entity. 9.7.3 When the City's Representative determines that the Construction Work is substantially complete, the City's Representative will an-ange for inspection by the City and other officials, as appropriate, for the purpose of issuing a Certificate of Occupancy. After a Certificate of Occupancy has been issued by all permitting and licensing entities, the City's Representative will prepare a Certificate of Substantial Completion on the City's form as contained in the Standard Forms, which, when signed by the City, shall establish the date of Substantial Completion and the responsibilities of the City and Design Build Entity for security, maintenance, utilities, insurance, and damage to the Construction Woric. The City's Representative will prepare and furnish to the Design Build Entity a comprehensive "punch lisf of items to be completed or corrected priorto Final Completion. 9.7.4 Unless othenwise provided in the Certificate of Substantial Complefion, the Guarantee To Repair Period for the Woric covered by the Certificate of Substantial Completion, shall commence on the date of Substantial Completion ofthe Construction Work except that Substantial Completion shall not commence the Guarantee to Repair Period for any equipment or systems that: . 1 Are not operational (equipment or systems shall not be considered operational if they cannot be used the intended service; or .2 Are not accepted by the City. 9.7.5 The Guarantee to Repair Period for equipment or systems which become fully operational and accepted subsequent to Substantial Completion will begin on the date of their written acceptance by the City. 9.7.6 The daily rate included in the Agreement and specifically identified as the rate to be paid to Design Build Entity for Compensable Delays shall not apply to any delays occurring after the Woric is substantially completed. 9.8 FINAL COMPLETION, FINAL PAYMENT, AND RELEASE OF RETENTION 9.8.1 Upon receipt of notice from Design Build Entity that the Work is ready for final inspection, the City's Representative will make such inspection. Final Completion shall be when the City's Representative determines that the Woric is fully completed and in accordance with the Contract Documents, including without limitation, satisfaction of all "punch list" items, and detennines that a Certificate of Occupancy has been issued by the City and all permitting and licensing enfities. The City will file a Nofice of Completion within 10 days after Final Completion. After receipt of the final Application For Payment, if ttie City's Representative detennines that Final Completion has occurred, the City's Representative will issue the final Certificate For Paymenf Final Completion must occur with 90 days of Substantial Completion. Failure to achieve Final Completion within 90 days will change the Substantial Completion Date, causing Liquidated Damages to be assessed to the Design Build Entity for each day Final Completion is delayed. 9.8.2 Final payment and retention shall be released to Design Build Entity, as set forth in Article 9.8.3, after: .1 Design Build Entity submits the final Applicafion For Payment and ali submittals required in acconlance with Article 9.3; .2 Design Build Entity submits all guarantees and warranties procured by Design Build Entity from Subcontractors, ^'^h^ all operating manuals for equipment installed in the Project, as-built documents, and all other submittals required 12-2-14 Page 44 of 57 General Conditions Ccityof Carlsbad Safefy Training Center SolarPV by the Contract Documents; .4 The City's Representative issues the final Certificate For Payment. At its sole discrefion, after Final Completion, the City may waive the requirement that Design Build Entity submit a final Application For Payment before making final payment and/or release of retention to Design Build Enfity. 9.8.3 Final payment shall be paid not more than 10 days after the City's Representative issues the final Certificate For Payment. Retention shall be released to Design Build Entity 35 days after the filing of the Notice of Complefion. 9.8.4 Acceptance of final payment by Design Build Entity shall constitute a waiver of ali claims, except claims for retention and claims previously made in writing and identified by Design Build Entity as unsettled at the time of the final Application For Payment. Neither final payment nor any remaining retained percentage shall become due until the Design Builder submits to the City (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or othenwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currentiy in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Design Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such forni as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Design Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Design Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Design Builder shall also furnish all warranties, guarantees, record documents, operating and maintenance manuals and shall have reviewed all equipment and facility operations and maintenance with the Owner, prior to issuance of the Certificate of Final Completion. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 Design Build Entity shall be solely responsible for initiating, maintaining, and supen/ising all safety precautions and programs in connection with the performance of the Contract. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 Design Build Entity shall take adequate precautions for safety of and shall provide adequate protection to prevent damage, injury, or loss to the following: . 1 Employees involved in the Construction Woric and other persons who may be affected thereby. .2 The Construction Woric in place and materials and equipment to be incorporated therein, whether in storage on or off the Project site, under care, custody, or control of Design Build Entity or Subcontractors. .3 Other property at the Project site and adjoining property. 10.2.2 Design Build Entity shall erect and maintain, as required by existing conditions and perfomiance of the Woric, adequate safeguards for safety and protection, including providing adequate lighting and ventilation, posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent sites and utilities. 10.2.3 When use or storage of explosives, other hazardous materials, equipment, or unusual methods are necessary for execution of the Construction Woric, Design Build Entity shall exercise the utmost care and carry on such activities only under the supervision of properly qualified personnel. 12-2-14 Page 45 of 57 General Conditions iP" r-^- r Safety Training Center \^ City of SolarPV Carlsbad 10.2.4 Design Buiid Entity shall designate a responsible member of Design Build Entity's organization at the Project site whose duty shall be the prevention of accidents. . 10.2.5 Design Build Entity shall not load, or pemiit any part of the Construction Woric or the Project site to be loaded, so as to endanger the safety of persons or property. 10.3 EMERGENCIES 10.3.1 In an emergency affecting the safety or condition of persons or property. Design Build Entity shall act to prevent or minimize damage, injury, or loss. Design Build Entity shall prompUy notify the City's Representative, which notice may be oral followed by written confirmation, ofthe occurrence of such an emergency and Design Build Entity's action. ARTICLE 11 INSURANCE AND BONDS 11.1 DESIGN BUILDER'S INSURANCE 11.1.1 Design Builder shall, obtain, pay for and maintain, or cause to be obtained, paid for and maintained, insurance acceptable to the City that covers claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Design Builder, Design Builder's agents, representatives, employees, or Subcontractors. The cost of the required insurance is included in the contract price. No work shall start until compliance with all insurance requirements has been met and approved by the City. Coverages and Limits. Design Builder shall maintain the types of coverages and minimum limits indicated herein. If the Design Builder maintains higher limits than the minimums shown below, the City shall be entitied to coverage for higher limits maintained by the Design Builder. All policies wili remain in full force and effect throughout the term of the Project and, when there is an extended reporting period, shall remain in effect for the time stipulated. 11.1.2 The following policies and coverage shall be furnished by Design Builder: .1 COMMERCIAL FORM GENERAL LIABILITY INSURANCE: $1,000,000 per occurrence, $1,000,000 products/completed operations, and $2,000,000 general aggregate limits annually (applicable separately to the Project with endorsement CG-25-03 or equivalent) covering all operations by or on behalf of the Design Builder arising out of construction of the Project, including independent Design Builders, bodily injury, personal injury, property damage, personal and advertising liability, and liability assumed under an insured cx)ntract. The policy fomn shall be at least as broad as Insurance Sen/ices Office (ISO) fonn CG0001. The policy shall not include exclusions for property damage from explosion, collapse or underground hazard, or inadvertent constmction defects. The products and completed operations coverage shall be maintained throughout the design-build period and shall extend for a period of not less than 10 years beginning from the time woric under this Contract is completed. Insurance may be met through a combination of primary and excess coverage as long as the excess coverage is written on a "follow fonn" or umbrella basis. The umbrella or excess liability policy shall contain a clause stating that it takes effect (drops down) in the event the primary aggregate limits are impaired or exhausted. The Commercial General Liability policy shall be endorsed to add that the City, its officials, employees and volunteers are addifional insureds with respect to liability arising out of or connected with work, activities or operations perfomied by or on behalf of the Design Builder, including materials, parts or equipment furnished in connection with such work or operations; and including products and completed operations of the Design Builder; and premises owned, leased, hired or borrowed by the Design Builder The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. Coverage for such additional insureds is not intended and does not extend liability to the extent prohibited by Insurance Code Section 11580.04. Additional insured coverage shall be provided by an endorsement(s) providing coverage at least as broad as ISO Additional Insured endorsement form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01. The endorsement shall be submitted to the City. The Commercial General Liability Policy shall be endorsed to be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, 12-2-14 Page 46 of 57 General Conditions 3 JP^ . o Safefy Training Center \^ City of SolarPV C Carlsbad Sum'- employees or volunteers shall be in excess of the Design Builder's insurance and shall not contribute with it. The endorsement shall be submitted to the City. The Commercial General Liability policy shall state that the insurance shall apply separately to each insured against whom a claim is made or a lawsuit is brought, subject only to the limits of the insurer's liability. .2 BUSINESS AUTOMOBILE LIABILITY INSURANCE: $1,000,000 per accident for bodily injury and property damage. The policy fonn shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (Any Auto), The Business Automobile Liability policy shall contain a provision that the City, its officials, employees and volunteers are insureds with respect to liability arising out of or connected with woric under this contract. The Business Automobile policy shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the Design Builder's insurance and shall not contribute with it. The Business Auto policy shall state that the Design Builder's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. .3 WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE: As required by the State of Califomia, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Woricers' Compensation insurance offered by the State Compensation Insurance Fund is acceptable to the City. The Workers' Compensation policy shall be endorsed to contain a waiver of subrogation in favor of the City for all work performed by the Design Builder, its employees, agents and subcontractors. The endorsement shall be submitted to the City. .4 PROFESSIONAL LIABILITY INSURANCE: $1,000,000 per occurrence (or claim if policy is written on a claims made basis), and $2,000,000 in the aggregate and shall either be in the fomi of a practice policy or a project specific policy. Design Builder agrees to maintain, and shall cause to be maintained by other Design Builders and Subcontractors who are involved in design work or other professional sen/ices, professional liability insurance speciflcally designed to protect against acts, errors or omissions of the Design Builder or other Design Builders or Subcontractors as appropriate, and "Professional Services" as designated and any such policy must speciflcally include services perfomied under this Contract. If policy is written on a claims made basis. Design Builder or other contractor or Subcontractor as appropriate shall maintain this professional liability insurance with a retroacfive date effecfive before the commencement of any design, and throughout the term of this Contract and for at least five (5) years after the date of completion and acceptance of the Project with preservation of the retroactive date. If claims made coverage is cancelled or non-renewed and not replaced, an extended discovery period and endorsement is acceptable to meet the five year requirement. .5 DESIGN BUILDERS' EQUIPMENT INSURANCE: Design Builder and all Subcontractors shall maintain insurance covering physical damage to owned, leased, rented, or borrowed equipment used or on the jobsite, including rental charges. All Design Builders' miscellaneous tools shall be covered by the individual Design Builder or Subcontractor. .6 POLLUTION/ENVIRONMENTAL IMPAIRMENT LIABILITY: $1,000,000 per loss and annual aggregate applicable to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically damaged or destroyed; clean-up costs, including first party clean-up of the City's property and third party clean-up, and bodily injury costs if project pollutants impact other properties; and defense, including costs, fees and expenses incurred in the investigation, defense, or resolution of Claims. Coverage shall include completed operations and shall apply to sudden and non-sudden pollution conditions. Coverage shall apply to construction activities and to acts, errors or omissions arising out of or in connection with Design Builder's scope of woric under this Contract. Coverage may be arranged under a Design Builder's Pollution Liability policy, as part of a Professional Liability policy, by any combination thereof, or by other insurance, as long as pollution liability coverage is provided for both construction activities and professional services. Coverage shall include transport and disposal of contaminants and shall include liability assumed under contract. Coverage is preferred by the City to be occurrence based. However, if provided on a claims-made basis. Design Builder wan-ants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that 12-2-14 Page 47 of 57 General Conditions Jp^'', Safefy Training Center \^ City of SolarPV Carlsbad continuous coverage shall be maintained or an extended discovery period will be exercised for a period of five (5) years beginning from the time woric under this Contract is completed. The Pollution/Environmental Impaimient Liability policy shall be endorsed to contain a provision that the City, its officials, employees and volunteers are insureds or additional insureds. The endorsement shall be submitted to the City. The Pollufion/Environmental Impairment Liability policy shall be endorsed to be primary insurance as respects the City, its officials, empioyees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the Design Builder's insurance and shall not contribute with it. The endorsement shall be submitted to the City. The Pollution/Environmental Impairment Liability policy shall state that the Design Builder's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 11.1.3 Additional Provisions: Design Builder shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain the following provisions: .1 Insurance Coverage. Insurance coverages shall not be non-renewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certifled mail pursuant to the Notice provisions of this Agreement. .2 Deductibles snd Seif-insured Retention (S.i.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the Design Builder shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. The Design Builder is responsible for any deductible or retention amount. .3 Subcontractors. Design Builder shall inciude all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to ail ofthe requirements stated herein. .4 Acceptability of Insurers. Insurance is to be placed with insurers that are admitted carriers in California with a rating in the most recent Best's Key Rating Guide of at least A-:VII, or surplus line insurers on the State of Califomia's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating guide of at least A:X. .5 Verification Of Coverage. Design Builder shall furnish the City with certificates of insurance and original endorsements affecting required coverage. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The certificates and endorsements are to be in fomns approved by the City and are to be received and approved by the City before the Contract is executed by the City. Design Builder shall furnish the City with new certificates of insurance and endorsements on each renewal of coverage or change of insurers. Proof of insurance shall be sent to the City pursuant to the Notice provisions of this Agreement or as may be directed in writing by . .6 Non-Recourse Provision. All insurance policies shall provide that the insurers shall have no recourse against the City or any other additional insured for payment of any premium or assessment or for any deductible or self- insured retention. 7 Indemnification and Duty to Defend. The insurance coverage provided hereunder shall support, but is not intended to limit. Design Builder's indemnification (as defined in Article 3.29) and duty to defend obligations under this Contract or as othenwise provided by law. .8 Enforcement. The City may take any steps necessary to assure Design Builder's compliance with its insurance obligations and the City resen/es the right to require, at any time, complete and certifled copies of any or all required insurance policies and endorsements. Should any insurance policy lapse or be cancelled during the Contract period Design Builder shall, no less than thirty (30) days prior to the effective expirafion or cancellation, furnish the City with written evidence of renewal or replacement of the policy. Failure to continuously maintain insurance coverage as herein required is a material breach of this Contract and the City may maintain this coverage and withhold or charge the expense to Design Builder or tenninate the Design Builder's control of the work in accordance with this Contract. The required insurance shall be subject to the approval of the City, but any acceptance of copies of insurance policies, insurance certificates and self-insured documentafion by the City shall in no way limit or relieve Design Builder of its duties and responsibilities under this Contract to indemnify, 12-2-14 Page 48 of 57 General Conditions C City of r Carlsbad Safety Training Center SolarPV c defend and hold hannless the City, its officials, employees and volunteers. Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Design Builder for liability in excess of such coverage, nor shall it preclude the City from taking other actions available to it under any other provision of the Contract or law, including the withholding of funds under this Contracf Failure of the City to enforce in a timely manner any of the provisions of Section 10 shall not act as a waiver to enforcement of any of these provisions at a later time. 11.2 BUILDER'S RISK PROPERTY INSURANCE 11.2.1 Throughout the design-build period until final completion of the Project, a Project specific Builder's Risk (Course of Construction) insurance policy, covering all design-build work other than design (including testing and commissioning) at the Project site, while in transit and at any temporary off-site location; all materials supplies, machinery, fixtures and equipment intended to become a pennanent part of the Project or for permanent use in the Project or incidental to the constmction; all temporary structures that are to be used in or incidental to the fabrication, erecfion, testing, or completion of the design-build Project to the extent the cost thereof is included in the design-build work upon which the contract price is based, while on or about the Project site awaiting or during construction. The Builder's Risk policy: . 1 shall be written on a completed value basis in an amount not less than the full replacement value of the Project ($1,000,000); .2 shall be written on an "All Risk" (Special Perils) coverage forni, including reinstatement of Limit after Loss and no coinsurance penalty provisions; .3 shall specifically cover loss or damage arising as a consequence of faulty workmanship or materials or design error; .4 shall include coverage for delay costs to a maximum amount 10,000 per day to include loss of revenue, loss of investment income, continued payment of debt service, and the costs of Project redesign if a covered loss ensues as a result of a design error. 11.2.2 The City shall provide information as reasonably requested by the Design Builder or insurance company, where necessary to complete insurance applications. The Builder's Risk insurance policy shall extend until final completion of the Project. 11.2.3 The Builders' Risk policy shall be endorsed to name the City as Loss Payee. The endorsement shall be submitted to the City. The Builders' Risk policy shall be endorsed to contain a waiver of subrogation in favor of the City. The endorsement shall be submitted to the City. The Builder's Risk policy shall be endorsed to be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the Design Builder's insurance and shall not contribute with it. The endorsement shall be submitted to the City 11.3 PERFORMANCE BOND AND PAYMENT BOND 11.3.1 Design Builder shall furnish bonds covering the faithful perfonnance of the Contract (Performance Bond) and payment of obligations arising thereunder (Payment Bond) on the fonns contained in the Standard Forms. 11.3.2 The Payment Bond and Perfomiance Bond shall each be in the amount of the Lump Sum Cost Proposal. 11.3.3 The Payment Bond and Perfomiance Bond shall be in effect on the date the Contract is signed by the City. 11.3.4 Design Builder shall promptiy furnish such additional security as may be required by the City to protect its interests and those interests of persons or finns supplying labor or materials to the Woric. Design Builder shall furnish supplemental Payment and Performance Bonds each in the amount of the current Contract Sum at the request of the City. 11.3.5 Surety companies used by Design Builder shall be, on the date the Contract is signed by the City, listed in the latest published State of California, Department of Insurance list of "Insurers Admitted to Transact Surety Insurance in This State." 11.3.6 The premiums for the Payment Bond and Perfonnance Bond shall be paid by Design Builder. ARTICLE 12 12-2-14 Page 49 of 57 General Conditions cptyof Carlsbad Safety Training Center SolarPV UNCOVERING AND CORRECTION OF CONSTRUCTION WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Construcfion Woric is covered contrary to the City's Representative's request or direction, or contrary to the requirements of the Contract Documents, it must, if required in writing by the City's Representative, be uncovered for the City's Representative's observation and be replaced at Design Build Entity's expense without adjustment of the Contract Time or the Contract Sum. 12.1.2 If a portion of the Construction Work has been covered, which is not required by the Contract Documents to be observed or inspected prior to its being covered and which the City's Representative has not specifically requested to observe prior to its being covered, the City's Representafive may request to see such Construction Woric and it shall be uncovered and replaced by Design Build Entity. If such Construction Work is in accordance with the Contract Documents, the costs of uncovering and replacing the Construction Woric shall be added to the Contract Sum by Change Order; and if the uncovering and replacing of the Construction Woric extends the Contract Time, an appropriate adjustment of the Contract Time shall be made by Change Order. If such Construction Work is not in accordance with the Contract Documents, Design Build Entity shall pay such costs and shall not be entitied to an adjustment of the Contract Time or the Contract Sum. 12.2 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD 12.2.1 The term "Guarantee To Repair Period" means a period of 2 years, unless a longer period of time is specified, commencing as follows: .1 For any ConstrucUon Woric not described as incomplete in the Certificate of Substantial Completion, on the date of Substantial Completion. .2 For space beneficially occupied or for separate systems fully utilized prior to Substantial Completion pursuant to Article 9.6 of the General Conditions, from the first date of such Beneficial Occupancy or actual use, as established in a Certificate of Beneficial Occupancy. .3 For all Construction Wortc other than .1 or .2 above, from the date of Final Completion. 12.2.2 Design Build Entity shall (1) correct Defective Woric that becomes apparent during the progress of the Work or during the Guarantee To Repair Period, and (2) replace, repair, or restore to the City's satisfaction any other parts of the Woric and any other real or personal property which is damaged or destroyed as a result of Defective Woric or the correction of Defective Woric. Design Build Entity shall promptiy commence such correction, replacement, repair, or restoration upon notice from the City's Representative or the City, but in no case later than 10 days after receipt of such notice; and Design Build Entity shall diligently and continuously prosecute such correction to completion. Design Build Entity shall bear all costs of such correction, replacement, repair, or restoration, and all losses resulting from such Defective Wortc, including additional testing, inspection, and compensation for the City's Representative's services and expenses. Design Build Entity shall perfonn con'ective Wortc at such times that are acceptable to the City and in such a manner as to avoid, to the extent practicable, disruption to the City's activities. 12.2.3 If immediate correction of Defective Work is required for life safety or the protection of property and is performed by the City or Separate Contractors, Design Build Entity shall pay to the City all reasonable costs of correcting such Defective Woric. Design Build Entity shall replace, repair, or restore to the City's satisfaction any other parts of the Construction Woric and any other real or personal property which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work. 12.2.4 Design Build Entity shall remove from the Project site portions ofthe Construction Wortc and materials which are not in accordance with the Contract Documents and which are neither corrected by Design Build Entity nor accepted by the City. 12.2.5 If Design Build Entity fails to commence correction of Defective Woric within 10 days after notice from the City or City's Representative or fails to diligently prosecute such correction to completion, the City may correct the Defective Work in accordance with Article 2.4 of the General Conditions; and, in addition, the City may remove the Defective Woric and store salvageable materials and equipment at Design Build Entity's expense. 12.2.6 If Design Build Entity fails to pay the costs of such removal and storage as required by above Articles 12.2.4 and 12.2.5 '"^^ within 10 days after written demand, the City may, without prejudice to other remedies, sell such materials at auction orat private ^ .4 12-2-14 Page 50 of 57 General Conditions Jp* Safety Training Center City of SolarPV C Carlsbad sale, or othera/ise dispose of such material. Design Build Entity shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Design Build Entity is liable to the City, including compensation for the City's Representative's services and expenses. If such proceeds of sale do not cover costs and damages for which Design Build Entity is liable to the City, the Contract Sum shall be reduced by such deficiency. If there are no remaining payments due Design Build Entity or the remaining payments are insufficient to cover such deficiency. Design Build Entity shall promptly pay the difference to the City. 12.2.7 Design Build Entity's obligations under this Article 12 are in addition to, and not in limitation of, its warranty under Article 3.4 of the General Conditions or any other obligation of Design Build Entity under the Contract Documents. Enforcement of Design Build Entity's express warranties and guarantees to repair contained in the Contract Documents shall be in addition to and not in limitation of any other rights or remedies the City may have under the Contract Documents or at law or in equity for Defective Work. Nothing contained in this Article 12 shall be construed to establish a period of limitation with respect to other obligations of Design Build Entity under the Contract Documents. Establishment of the Guarantee To Repair Period relates only to the specific obligation of Design Build Entity to correct the Woric and in no way limits either Design Build Entity's liability for Defecfive Work or the time within which proceedings may be commenced to enforce Design Build Entity's obligations under the Contract Documents. ARTICLE 13 TERMINATION OR SUSPENSION OF THE CONTRACT 13.1 TERMINATION BY DESIGN BUILDER 13.1.1 Subject to below Article 13.1.2, Design Build Entity shall have the right to terminate the Contract only upon the occurrence of one of the following: .1 Provided that the City has not commenced reasonable action to remove any order of a court within the 90 day period, the Work is stopped for 90 consecutive days, through no act or fault of Design Build Entity, any Subcontractor, or any employee or agent of Design Build Entity or any Subcontractor, due to an issuance of an order of a court or other public authority having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable. .2 The City fails to perfomi any material obligation under the Contract Documents and fails to cure such default within 30 days, or City has not commenced to cure such default within 30 days where such cure will require a reasonable period beyond 30 days and diligently prosecutes the same to completion, after receipt of notice from Design Build Entity stating the nature of such default(s). .3 Repeated suspensions by the City, other than such suspensions as are agreed to by Design Build Entity under Article 13.3 below, which constitute in the aggregate more than 20% ofthe Contract Time. 13.1.2 Upon the occurrence of one of the events listed in Article 13.1.1 above. Design Build Entity may, upon 10 days additional notice to the City and City's Representative, and provided that the condition giving rise to Design Build Entity's right to tenninate is continuing, tenninate the Contract. 13.1.3 Upon termination by Design Build Entity, the City will pay to Design Build Entity the sum determined by Article 13.4.4 of the General Conditions. Such payment will be the sole and exclusive remedy to which Design Build Entity is entitled in the event of tennination of the Contract by Design Build Entity pursuant to this Article 13.1; and Design Build Entity will be entitied to no other compensation or damages and expressly waives the same. 13.2 TERMINATION BY THE CITY FOR CAUSE 13.2.1 The City will have the right to terminate the Contract for cause at any time after the occurrence of any of the following events: .1 Design Build Entity becomes insolvent or files for relief under the bankruptcy laws of the United States. .2 Design Build Entity makes a general assignment for the benefit of its creditors or fails to pay its debts as the same become due. 12-2-14 Page 51 of 57 General Conditions 0^' \^ City of Carlsbad Safety Training Center Solar PV ,3 A receiver is appointed to take charge of Design Build Entity's property. .4 The commencement or completion of any Woric activity on the critical path is more than 30 days behind the date set forth in the Contract Schedule for such Work acfivity as a result of an Unexcusable Delay. For a Contract with a Contract Time of less than 300 days, the 30-day period shall be reduced to the number of days commensurate with 10% of the Contract Time. .5 Design Build Entity abandons the Woric. 13.2.2 Upon the occurrence of any of the following events, the City will have the right to terminate the Contract for cause if Design Build Entity fails to promptiy commence to cure such default and diligentiy prosecute such cure within 5 days after notice from the City, or within such longer period of time as is reasonably necessary to complete such cure: . 1 Design Build Entity persistently or repeatedly refuses or fails to supply skilled supervisory personnel, an adequate number of properiy skilled woricers, proper materials, or necessary equipment to prosecute the Work in accordance with the Contract Documents. .2 Design Build Entity fails to make prompt payment of amounts properiy due Subcontractors after receiving payment from the City. .3 Design Build Entity disregards Applicable Code Requirements. .4 Design Build Entity persistently or materially fails to execute the Work in accordance with the Contract Documents. .5 Design Build Entity is in default of any other material obligation under the Contract Documents. ,6 Design Build Entity persistently or materially fails to comply with applicable safety requirements. 13.2.3 Upon any ofthe occurrences referred to in Articles 13.2.1 and 13.2.2 above, the City may, at its election and by notice to Design Build Entity, tenninate the Contract and take possession of the Project site and all materials, supplies, equipment, tools, and construction equipment and machinery thereon owned by Design Build Entity; accept the assignment of any or all of the subcontracts; and then complete the Woric by any method the City may deem expedient. If requested by the City, Design Build Entity shall remove any part or all of Design Build Entity's materials, supplies, equipment, tools, and constmction equipment and machinery from the Project site within 7 days of such request; and if Design Build Entity fails to do so, the City may remove or store, and after 90 days sell, any of the same at Design Build Entity's expense. 13.2.4 If the Contract is terminated by the City as provided in this Article 13.2, Design Build Entity shall not be entitied to receive any further payment until the expiration of 35 days after Final Completion and acceptance of all Wortc by the City. 13.2.5 If the unpaid balance of the Contract Sum exceeds the cost of completing the Woric, including all additional costs and expenses made necessary thereby, including costs for the City staff time, plus all losses sustained, including any liquidated damages provided under the Contract Documents, such excess shall be paid to Design Build Entity. If such costs, expenses, losses, and liquidated damages exceed the unpaid balance ofthe Contract Sum, Design Build Entity shall pay such excess to the City. 13.2.6 No termination or action taken by the City after termination shall prejudice any other rights or remedies of the City provided by law or by the Contract Documents upon such termination; and the City may proceed against Design Build Entity to recover all losses suffered by the City. 13.3 SUSPENSION BY THE CITY FOR CONVENIENCE 13.3.1 The City may, at any time and from time to time, without cause, order Design Build Entity, in writing, to suspend, delay, or interrupt the Woric in whole or in part for such period of time, up to 90 days, as the City may determine, with such period of suspension to be computed from the date of delivery of the written order. Such order shall be specifically identified as a "Suspension Order" under this Article 13.3. The Woric may be stopped for such further period as the parties may agree. Upon receipt of a Suspension Order, Design Buiid Entity shall, at the City's expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Woric covered by the Suspension Order during the period of Woric stoppage. Within 90 days after the issuance of the Suspension Order, or such extension to that period as is agreed upon by Design Build Entity and 12-2-14 Page 52 of 57 General Conditions J Jp" Safefy Training Center \^ City of SolarPV Carlsbad the City, City shall either cancel the Suspension Order or delete the Wortc covered by such Suspension Order by issuing a Change Order. 13.3.2 If a Suspension Order is canceled or expires. Design Build Entity shall continue with the Work. A Change Order will be issued to cover any adjushnents of the Contract Sum or the Contract Time necessarily caused by such suspension. Any Claim by Design Build Entity for an adjustment of the Contract Sum or the Contract Time shall be made within 21 days after the end of the Wortc suspension. Design Build Entity agrees that submission of its claim within said 21 days is an express condition precedent to its right to Arbitrate or Litigate such a claim. 13.3.3 The provisions of this Article 13.3 shall not apply if a Suspension Order is not issued by the City. A Suspension Order shall not be required to stop the Work as pennitted or required under any other provision of the Contract Documents. 13.4 TERMINATION BY THE CITY FOR CONVENIENCE 13.4.1 The City may, at its option, tenninate this Contract, in whole or from time to time in part, at any time by giving notice to Design Build Entity. Upon such tennination. Design Build Entity agrees to waive any claims for damages, including loss of anticipated profits, on account thereof and, as the sole right and remedy of Design Build Entity, the City shall pay Design Build Entity in accordance with Article 13.4.4 below. 13.4.2 Upon receipt of notice of tennination under this Article 13.4, Design Build Entity shall, unless the notice directs othenwise, do the following: . 1 Immediately discontinue the Work to the extent specified in the notice. .2 Place no further orders or subcontracts for materials, equipment, sen/ices, or facilities, except as may be necessary for completion of such portion of the Woric as is not discontinued. .3 Promptly cancel, on the most favorable temis reasonably possible, all subcontracts to the extent they relate to the performance of the discontinued portion of the Woric. .4 Thereafter, do only such Work as may be necessary to preserve and protect Woric already in progress and to protect materials, plants, and equipment on the Project site or In transit thereto. 13.4.3 Upon such termination, the obligations of the Contract shall continue as to portions of the Work already perfonned and, subject to Design Build Entity's obligations under Article 13.4.2 above, as to bona fide obligations assumed by Design Build Entity prior to the date of tenninafion. 13.4.4 Upon such terminafion, the City shall pay to Design Build Entity the sum of the following: .1 The amount of the Contract Sum allocable to the portion of the Woric properly perfomied by Design Build Entity as ofthe date of termination, less sums previously paid to Design Build Entity. .2 incorporation in the Work. .3 Plus any proven losses with respect to materials and equipment directly resulting from such termination. .4 Plus reasonable demobilization costs. .5 Plus reasonable costs of preparing a statement of the aforesaid costs, expenses, and losses in connection with such temiination. 13.4.5 The above payment shall be the sole and exclusive remedy to which Design Build Entity is entitied in the event of termination of the Contract by the City pursuant to this Article 13.4; and Design Build Entity will be entitled to no other compensaUon or damages and expressly waives same. ARTICLE 14 STATUTORY AND OTHER REQUIREMENTS 12-2-14 Page 53 of 57 General Conditions Jp^'^. p Safety Training Center City of SolarPV Carlsbad 14.1 NONDiSCRIMiNATiON 14.1.1 For purposes of this Article 14.1, the term Subcontractor shall not include suppliers, manufacturers, or distributors. 14.1.2 Design Build Entity shall comply and shall ensure that all Subcontractors comply with Sections 12900 through 12996 of the State of California Government Code. 14.1.3 Design Build Entity agrees as follows during the performance of the Work: .1 Design Build Entity shall provide equal treatment to, and shall not willfully discriminate against or allow harassment of any employee or applicant for employment on the basis of race; color; religion; sex; age; ancestry; national origin; sexual orientation; physical or mental disability; veteran's status; medical condition (as defined in Section 12926 of the State of Califomia Government Code and including cancer-related medical conditions and or genetic characteristics); genetic information (as defined in the Genetic Infonnation Nondiscrimination Act of 2008 and including family medical history); marital status; gender identity, pregnancy, or citizenship (within the limits imposed by law or the City's policy) or service in the unifonmed services (as defined by the Unifomied Services Employment and Reemployment Rights Act of 1994). Design Build Enfity will also take affimiative action to ensure that any such employee or applicant for employment is not discriminated against on any of the bases identifled above. Such equal treatment shall apply, but not be limited to the following: employment; upgrade; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other fonns of compensation; and selection for training, including apprenticeship. The Design Build Entity also agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Design Build Entity will, in all solicitations or advertisements for employees placed by or on behalf of the Design Build Entity, state that qualified applicants will receive consideration for employment without regard to: race; color; religion; sex; age; ancestry; national origin; sexual orientation; physical or mental disability; veteran's status; medical condition (as deflned in Section 12926 of the State of California Government Code and including cancer-related medical conditions and or genetic characteristics); genetic information (as defined in the Genetic Information Nondiscrimination Act of 2008 and including family medical history); marital status; gender identity, pregnancy, or citizenship (within the limits imposed by law or the City's policy) or service in the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994). For purposes of this provision: (1) "Pregnancy" includes pregnancy, childbirth, and medical conditions related to pregnancy and childbirth; and (2) "Sen/ice in the unifomied services" includes membership, application for membership, performance of service, application for service, or obligation for service in the unifomied services. .2 Design Build Entity and all Subcontractors will pemiit access to their records of employment, employment advertisements, application fomis, and other pertinent data and records by the City or any appropriate agency of the State of California designated by the City for the purposes of investigation to ascertain compliance with this Article 14.1. The outcome ofthe investigation may result in the following: .1 A finding of willful violation of the provisions of this Contract or of the Fair Employment Practices Act may be regarded by the City as (1) a basis for determining that Design Build Entity is not a "responsible bidder" as to future contracts for which such Design Build Entity may submit bids, or (2) a basis for refusing to accept or consider the bids of Design Build Entity for future contracts. .2 The City may deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has (1) investigated and determined that Design Build Entity has violated the Fair Employment Practices Act, and (2) issued an order under the State of California Government Code Section 12970 or obtained an injunction under Government Code Section 12973. .3 Upon receipt of such written notice from the Fair Employment Practices Commission, City may notity Design Buiid Entity that, unless it demonstrates to the satisfaction of City within a stated period that the violation has been corrected. Design Build Entity's Proposals on future projects will not be considered. .4 Design Build Entity agrees that, should the City determine that Design Build Entity has not complied with this Article 14.1, Design Build Entity shall forfeit to the City, as a penalty, for each day or portion thereof, for each person who was denied employment as a result of such non-compliance Such penalty amounts may be recovered from Design Build Entity; and the City may deduct any such penalty amounts from the -"^W Contract Sum. 12-2-14 Page 54 of 57 General Conditions Ccity of Safefy Training Center SolarPV C Carlsbad .5 Nothing contained in this Article 14.1 shall be construed in any manner so as to prevent the City from pursuing any other remedies that may be available at law. .6 Design Build Entity shall meet the following standards for compliance and provide the City with satisfactory evidence of such compliance upon the City's request, which shall be evaluated in each case by the City: .1 Design Build Entity shall notity its Superintendent and other supen/isory personnel of the nondiscrimination requirements of the Contract Documents and their responsibilities thereto. .2 Design Build Entity shall notity all sources of employee referrals (including unions, employment agencies, and the State of California Department of Employment) of the nondiscrimination requirements of the Contract Documents by sending to such sources and by posting the Notice of Equal Employment Opportunity (EEO). .3 Design Build Entity or its representative shall, through all unions with whom it may have agreements, develop agreements that (1) define responsibilities for nondiscriminafion in hiring, referrals, upgrading, and training and (2) implement an affirmative nondiscrimination program, in temns of the unions' specific areas of skill and geography, such that qualified minority women, non-minority women, and minority men shall be available and given an equal opportunity for employment. .4 Design Build Entity shall notify the City of opposition to the nondiscrimination requirements of the Contract Documents by individuals, fimns, or organizations during the term of the Contract. .7 During the perfomiance of this contract, the recipient. Design Builder and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, sexual orientation, marital status, age (over 40) or sex. Design Builder shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Labor Code Section 1735 requires as follows: The Design Builder shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as othenwise provided in Section 12940 of the Government Code. Every contractor for public worics who violates this section is subject to all the penalties imposed for a violation of this chapter. A violation of any of the Fair Employment Practices requirements of this Contract or of the California Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Design Builder to be not a "responsible "bidder"' as to future contracts for which such Design Builder may submit bids, for revoking the Design Builder's pre-qualification rating, if any, and for refusing to establish, re-establish or renew a pre-qualification rating for the Design Builder and any other contractual remedies and rights that may be available to the City to enforce compliance or penalize Design Builder for non-compliance. The Design Builder agrees, that should the awarding authority detemiine that the Design Builder has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Sections 1735 and 1775, the Design Builder shall, as a penalty to the Awarding Authority forfeit, for each calendar day, or portion thereof for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Design Builder. The awarding authority may deduct any such damages from any monies due the Design Builder .8 Design Build Entity shall include the provisions of the foregoing Articles 14.1.3.2.1 through 14.1.3.2.7 in all subcontracts with Subcontractors, so that such provisions will be binding upon each such Subcontractor. a^i^-.... W 14.2 NOT USED 12-2-14 Page 55 of 57 General Conditions Ap^'. f. Safety Training Center \^ City of SolarPV Carlsbad 14.3 NOT USED 14.4 NOT USED 14.5 CONSTRUCTION WORK-DAY 14.5.1 Design Build Entity shall not permit any woricer to labor more than 8 hours during any 1 day or more than 40 hours during any 1 calendar week, except as pemiitted by law and in such cases only upon such conditions as are provided by law. Design Build Entity shall forfeit to the City, as a penalty, $25 for each worker employed in the execution of this Contract by Design Build Entity, or any Subcontractor, for each day during which such worker is required or permitted to work more than 8 hours in any 1 day and 40 hours in any 1 calendar week in violation ofthe terms of this Article 14.5 or in violation ofthe provisions of any law of the State of California. Such forfeiture amounts may be deducted from the Contract Sum. Design Build Entity and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours woriced each day and each calendar week by each worker employed on the Project, which record shall be kept open at all reasonable hours to the inspection of the City, its officers and agents, and to the inspection of the appropriate enforcement agency of the State of California ARTICLE 15 MISCELLANEOUS PROVISIONS 15.1 GOVERNING LAW 15.1.1 This Contract shall be governed by the laws of the State of California. 15.2 SUCCESSORS AND ASSIGNS 15.2.1 The City and Design Build Entity respectively bind themselves and their successors, permitted assigns, and legal representatives to the other party and to the successors, permitted assigns, and legal representatives of such other party in respect to covenants, agreements, and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract, in whole or in part, without prior written consent of the other party. Notwithstanding any such assignment, each ofthe original contracting parties shall remain legally responsible for all of its obligations under the Contract. 15.3 RIGHTS AND REMEDIES 15.3.1 All City's rights and remedies under the Contract Documents will be cumulative and in addition to, and not in limitation of all other rights and remedies of the City under the Contract Documents or otherwise available at law or in equity. 15.3.2 No action or failure to act by the City or City's Representative will constitute a waiver of a right afforded them under the Contract, nor will such action or failure to act constitute approval of or acquiescence in a condition or breach thereunder, except as may be speciflcally agreed in writing. No waiver by the City or City's Representative of any condition, breach or default will constitute a waiver of any other condition, breach or default; nor will any such waiver constitute a continuing waiver. 15.3.3 No provision contained in the Contract Documents shall create or give to third parties any claim or right of action against the City, City's Representative, or Design Build Entity. 15.4 SURVIVAL 15.4.1 The provisions of the Contract which by their nature survive termination of the Contract or Final Completion, including aii warranties, indemnities, payment obligations, and the City's right to audit Design Buiid Entity's books and records, shall remain in full force and effect after Final Completion or any termination of the Contract. 15.5 COMPLETE AGREEMENT 15.5.1 The Contract Documents constitute the full and complete understanding of the parties and supersede any previous agreements or understandings, oral or written, with respect to the subject matter hereof The Contract may be modifled only by a written instrument signed by both parties or as provided in Article 7 of the General Conditions. '*'*\ •»w»i*' 12-2-14 Page 56 of 57 General Conditions Ccityof C Carlsbad Safefy Training Center SolarPV C 15.6 SEVERABILITY OF PROVISIONS 15.6.1 If any one or more of the provisions contained in the Contract Documents should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 15.7 THE CITY'S RIGHT TO AUDIT 15.7.1 The City and entities and agencies designated by the City will have access to and the right to audit and the right to copy at City's cost all of Design Build Entity's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders, and memoranda relating to the Work. Design Build Entity shall preserve all such records and other items during the performance of the Contract and for a period of at least 3 years after Final Completion. 15.8 NOTICES 15.8.1 Except as othenwise provided, all notices, requests, demands, and other communications to be given under the Contract Documents shall be in writing and shall be transmitted by one of the following methods: .1 Personally delivered. .2 Sent by facsimile where receipt is confirmed. .3 Sent by courier where receipt is confimied. .4 Sent by registered or certified mail, postage prepaid, return receipt requested. 15.8.2 Such notices and other communications in above Article 15.8.1 shall be deemed given and received upon actual receipt in the case of all except registered or certified mail; and in the case of registered or certified mail, on the date shown on the return receipt or the date delivery during normal business hours was attempted. Such notices and communications shall be given at the respective street addresses set forth in the Agreement. Such street addresses may be changed by notice given in accordance with this Article 15.8. 15.9 TIME OF THE ESSENCE 15.9.1 Time limits stated in the Contract Documents are of the essence of the Contract. 15.10 MUTUAL DUTY TO MITIGATE 15.10.1 The City and Design Build Entity shall use all reasonable and economically practicable efforts to mitigate delays and damages to the Project and to one another with respect to the Project, regardless of the cause of such delay or damage. 15.11 DESIGN BUILDER'S AWARENESS AND COMPLIANCE WITH ADA ACT OF 1990 AND RELATED STANDARDS 15.11.1 The Design Builder's execution of the signature portion of the proposal shall constitute that the Design Builder is aware of the requirements of the Americans with Disabilities Act of 1990 (42 USC §§ 12101) and related accessibility standards and has complied with and will comply with these requirements, including, but not limited to verifying compliance of their contractors, consultants, agents and employees and constructing the project consistent with current accessibility statutes and regulations 15.11.2 The Design Builder shall be responsible to verity with the City that that all finished sidewalk, ramp, entry access grades, and travel paths strictly meet ADA requirements using a 2-foot long electronic "smart level" or other device acceptable to City. General "construcfion tolerances" are unacceptable. The above requirements shall supersede grades shown on plans. If these requirements cannot be met with the existing grades or other physical or practical limitations. Design Builder shali immediately notify City for direction before work takes place. Design Builder shall be responsible for the costs of any corrective woric due to Design Builder's failure to meet these requirements. 15.11.3 The City of Carlsbad does not discriminate on the basis of handicapped status in the admission or access to, or treatment of or employment in its programs or activities 12-2-14 Page 57 of 57 General Conditions Ccity of Carlsbad Safefy Training Center Solar PV Project SUPPLEMENTARY CONDITIONS 1. MODIFICATION OF GENERAL CONDITIONS, ARTICLE 1 - GENERAL PROVISIONS The "Architect of Record" as referred to in the General Conditions in Article 1.1.3 is: James Cummings C-23524 (Name) (License Number) 2. MODIFICATION OF GENERAL CONDITIONS ARTICLE 2 - City 1.3.8 Design Builder acknowledges that at various times throughout the progression of the Project, certain City staff members will interact with the Design Builder or Design Builder's Subcontractors in the normal course of fulfilling the City's regulatory duty over a construction project within the City's jurisdiction. Design Builder agrees that any actions taken by the City in the normal performance the City's regulatory duties shall not be construed as an action that can trigger any compensable or non- compensable delays, nor any additional costs to the project c 2-15-12 Page 1 of 1 Supplementary Conditions Ccity of Carlsbad Safety Training Center Solar PV Project PRICING PROPOSAL FORM FOR SAFETY TRAINING CENTER SOLAR PV THE CITY OF CARLSBAD CARLSBAD, CALIFORNIA January, 2015 PROPOSAL TO: THE CITY OF CARLSBAD Kevin Davis 1635 Faraday Carlsbad, CA 92008 (760) 4602-2466 PROPOSAL FROM: Independent Energy Solutions (Name of Firm Submitting Proposal) 1090 Joshua Way (Address) Vista, CA, 92081 (City, State, Zip Code) T: 760-752-9706, F:760-752-9758 (Telephone & Fax Number) February 18, 2015 (Date Submitted) Note: All portions of this Pricing Proposal Form must be completed and must include the signed Declaration on the last page of this form before the Proposal is submitted. Failure to execute the Declaration will result in the Proposal being rejected as nonresponsive. 6-18-2014 Page 1 of 5 Pricing Proposal Form c CACity of —— 1 1 - 1 Safefy Training Center Carlsbad SaarPV Project 1.0 PROPOSER'S REPRESENTATIONS Proposer, represents that a) it has the appropriate active Contractor's license required by the State of California; b) it has carefully read and examined the Proposal Documents for the proposed Work on this Project; c) it has examined the site of the proposed Work and all information available to Prequalified Proposers; d) it has become familiar with all the conditions related to the proposed Work, including the availability of labor, materials, and equipment; e) that all information and submittals provided as part of the prequalification process are accurate and correct. Proposer hereby offers to furnish all labor, matehals, equipment, tools, transportation, and services necessary to complete the proposed Work on this Project in accordance with the Contract Documents for the sums quoted. Proposer further agrees that it will not withdraw its Proposal within 45 days after the Proposal Deadline, and that, if it is selected as the apparent "best value" responsive and responsible Proposer, that it will, within 10 days after receipt of notice of selection, sign and deliver to City the Agreement in triplicate and furnish to City all items required by the Proposal Documents. If awarded the Contract, Proposer agrees to complete the proposed Work within the numlaer of days specified in the Agreement. 2.0 ADDENDA Proposer acknowledges that it is Proposer's responsibility to ascertain whether any Addenda have been issued and if so, to obtain copies of such Addenda from City's facility at the appropriate address stated on Page 1 of this Price Proposal Form. Proposer therefore agrees to be bound by all Addenda that have been issued for this Proposal. 3.0 The Total Project Cost shall Include all costs to complete the Work and shall include all allowances and any involuntary changes that impacts the Total Project Cost The Total Project Cost shall NOT Include any voluntary Project Enhancements/lnnovations/Energy Efficiency Voluntary Altematives submitted in the Proposal or anv Altematives defined herein. 4.0 Breakdown of cost proposal; 4.1 Design Cost ^^2,500 4.2 Costs for PV Panels $177,375 4.3 Costs for Low Slope Installation System $22,264 4.4 Costs for Electrical Wori< $217,331 6-18-2014 Page 2 of 5 Pricing Proposal Form Ccity of Q Carlsbad Safefy Training Center Solar PV Project 5.0 PRICING PROPOSAL PRICING PROPOSAL TOTAL PROJECT COST = $XX,XXX,XXX 4 2 9 4 7 0 I J (Place figures in appropriate boxes.) 6.0 ALTERNATIVES Provide all design, engineering, coordination, labor, materials, equipment, accessories, and Design Build Entity and subcontractor overhead, mark-up, and profit required for the following Alternates. Indicate by marking only one ofthe three boxes ("Add", "Deduct", or "No Change") and state the amount by placing figures in the corresponding boxes. Check the "No Change" box when there is no change in the Pricing Proposal. Failure to quote an amount or check "No Change" or the insertion of any words that qualify the Price Proposal will result in the Proposal being rejected as nonresponsive. No extension of time will be granted if the Alternate is accepted. Alternate No. 1 -9 1 0 (Place figures in appropriate boxes.) City reserves the right to accept this alternate concurrent with the Notice to Proceed for Phase 1. [7]Add •I' Deduct • No Change c Alternate No. 2 -$ • Add * Deduct • No Change Alternate No. 2 - (Place figures in appropriate boxes.) City reserves the right to accept this alternate concurrent with the Notice to Proceed for Phase 1. • Add * Deduct • No Change 6-18-2014 Page 3 of 5 Pricing Proposal Form Ccity of —.^ —^ 11' 1 Safefy Training Center Carlsbad scar PV Project 7.0 PROPOSER INFORMATION TYPE OF ORGANIZATION: S CorpOfatiOn (Corporation, Partnership, Individual, Joint Venture, etc.) IF A CORPORATION. THE CORPORATION IS ORGANIZED UNDER THE LAWS OF: California THE STATE OF (State) NAME OF PRESIDENT OF THE CORPORATION: Linda Strand (Insert Name) NAME OF SECRETARY OF THE CORPORATION: Linda Strand (Insert Name) IF A PARTNERSHIP. NAMES AND TITLES OF PERSONS SIGNING THE BID ON BEHALF OF PROPOSER AND ALL GENERAL PARTNERS: PERSONS SIGNING THE BID ON BEHALF OF PROPOSER: (Insert Name and Title) GENERAL PARTNERS: (Insert Names) (Insert Names-continued) CALIFORNIA CONTRACTORS LICENSE(S): Independent Energy Solutions (Name of Licensee) Classifications: B - General Building Contractor, C-10 - Electrical, C-46 - Solar, License #: 805159, Expiration Date: 3/31/2016 (Classification) (License Number) (Expiration Date) (For Joint Venture, list Joint Venture's license and licenses for all Joint Venture partners.) 6-18-2014 Page 4 of 5 Pricing Proposal Form CACity of Carlsbad Safefy Training Center Solar PV Project 8.0 REQUIRED COMPLETED ATTACHMENTS The following documents are submitted with and made a condition of this Proposal: 1. Proposal security in the form of Bid Bond (Bid Bond or Certified Check) 9.0 DECLARATION Linda Strand (Printed name), hereby declare that I am the President & CEO (Title) of Independent Energy Solutions (Name of Proposer) submitting this Price Proposal Form; that I am duly authorized to execute this Price Proposal Form on behalf of Proposer; and that all information set forth in this Price Proposal Form and all attachments hereto are, to the best of my knowledge, true, accurate, and complete as of its submission date. I declare, under penalty of perjury, that the foregoing is true and correct and that this declaration was subscribed at: 1090 Joshua Way, Vista (Location and city), County of San Diego State of California on 2/17/2015 (Date). (Signature) 6-18-2014 Page 5 of 5 Pricing Proposal Form C City of Safefy Training Center CSXiSuHQ Solar PV Project BID SECURITY FORM (Check to Accompany Bid) (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and fumish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be retumed to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed- -the sum of this bond shall be not less than ten percent (10%) ofthe total amount of the bid.) V City of Safety Training Center P Orl cHo rl So/ar PV Project l^dTlSDdU Bond # 41311855 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, Independent Energy Solutions, Inc. , as Principal, and Platte River Insurance Company , as Surety are held and firmly bound unto the City of Carlsbad, Califomia, in an amount as follows: (must be at least ten percent (10%) of the bid amount) ten percent of total amount bid for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for: SAFETY TRAINING CENTER SOLAR PV PROJECT CONTRACT NO. f,]/(\- in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this. day of _ PRINCIPAL: Independent Energy Solutions, ^nc. Executed by SURETY this 17th day of February 20 15 SURETY: (sign here) LJ{f\cX(\ SATQC^CI Platte River Insurance Company (print name here) (name of Surety) Pf^bVl^.^'AT^ ^^l^d'^.^/ltf^Tci' t5v€/^tj 2121 North California Blvd, #300, Walnut Creek, CA 94596-3572 (Title and Organization of Signatory) SDltttrfVvSf (address of Surety) By: 925-262-2713 (sign here) (telephone numbe*^-crf<Surety) (print name here) (sign^ure of Attomey-in-Fact) Cyndi Beilman, Attorney-in-Fact (title and organization of signatory) (printed name of Attomey-in-Fact) <^Cityof w Carlsbad 0^ ^ Safefy Training Center Solar PV Project I. (Attach corporate resolution showing current power of attomey.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: €puty City Attorney Date Page 3 of 3 Request for Proposal CM# SURETY. ASSOCIATES 5360 Jackson Drive, Ste. 208, La Mesa, CA 91942 619-501-1899 / fax 619-270-9833 license 0G87195 Date: February 17, 2015 TO: Independent Energy Solutions, Inc. RE: BID BOND for: City of Carlsbad - Safety Training Center Solar PV BID DATE: February 18, 2015 4r4r4r4r4r4r4r4r4rir4r4r4r*4r*4rVlr:llr*4r4r4r4r4r4r4r4r4r4r4r4r4r4r4r4r4r4r4r4r Enclosed is the bid bond for the referenced project. Please review this document carefully. We assume no liability as a result of incorrect information provided to SASC by you. If you notice any errors, please notify us immediately. **Remember to sign the original bond** This request was approved based on your original estimate of $450,000.00. If there is an increase in the amount of vour bid, please advise us prior to the bid so that we may obtain approval from the bonding companv for the increase. Good Luck on vour Bid! have attached a bid results form; as soon as you have your results, please fax this form back to our office.*** And please, if you have any questions feel free to contact the office and as always, thank you for doing business with Surety Associates of Southem California! Cyndi Beilman CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document. STATE OF CALIFORNIA County of San Diego } On February 17, 2015 before me. Pam Davis Notary Public, Date personally appeared Insert Name of Notary exactly as it appears on the official seal Cyndi Beilman Name(s) of Signer(s) 4 C PAM DAVIS Commission # 1991984 Notary Public - California San Diego County 5 My Comm. Expires Oct 20, 20161 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my h Signature 0^ d official seal. Signature of Notary Public Pam DaviS OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment ofthe form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: _ Capacity(les) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer—Title(s): • Partner • Limited • General 2] Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Represenfing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer —Title(s): • Partner • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Represenfing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ffe illll 1,1;. ! ! • il' \ 1 1 ll 1 I, .'AV. • (*#. iill- "I 'ar 1 ill I, .'AV. • (*#. iill- tf-" PLATTE RIVER INSURANCE COMPANY POWER OF ATTORNEY 41311855 KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation ofthe State ofNcbraska, having its principal offices in the City of Middleton, Wisconsin, does mal<c, constitute and appoint -CYNDI BEILMAN; ANNE WRIGHT; DANA MICHAELIS- Its true and lawful Attomey(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of tt -ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TCEXCEED: $20,000.000.00 1^1 t -11 This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January, 2002. "RESOLVED, that the President, and Vice-President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attomey for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more vice-presidents, assistant secretaries and attomey(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of the company; the signature of such officers and the seal of the Corporation may be affixed to such power of attomey or to any certificate relating thereto by facsimile, and any such power of attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or fina! estimates on engineering and constraction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. IN WITNESS WHEREOF, the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and Its corporate seal to be hereto affixed duly attested, this 8th day of January, 2014. Attest: Richard W. Allen III President Surety & Fidelity Operations STATE OF WISCONSIN COUNTY OF DANE S.S.: PLATTE RIVER INSURANCE COMPANY Stephen J. Sills CEO & President On the 8th day of January, 2014 before me personally came Stephen J. Stills, to me known, who being by me duly swom, did depose and say: that he resides in the County of New York, State of New York; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described herein and which executed the above instrament; that he knows the seal of the said corporation; that the seal affixed to said instrament is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF WISCONSIN COUNTY OF DANE S.S.: CERTIFICATE Daniel W. Kraeger Notary Public, Dane Co., WI My Commission Is Permanent I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attomey remains in full force and has not been revoked; and fiirthermore, that the Resolution of the Board of Directors, set forth in the Power of Attomey is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this 17th day of February 2 015 . Alan S. Ogilvie Secretary rms DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL, 800-475-4450. PR-POA (Rev. 11-13) %. '-iff) 4* £ •law '4B A 1 • ( -1!,.) I >iitir-i<iim(Mi(«iif*liMiil-i<.i » * 4 A A 4 N3 I Ol I NJ c O m CQ' o CU (Q ro CO CO c cr w o 3 0) I Z H o ro <—I- 0) "0 ?^ 3 91 < s cr Si a cro sr rs rt n o r r o H o" rt » rt a sr rt rt O rt & rt o </> rt rt O a rt rt rt s rt C3d rt VI rt < c rt m 71 m s D m CO o S TJ =1 o z D m CO o =j < m O m CO o _ z s i o 3 w O 7> O -n m -n CO m 5 2 CT ro c CO ro Q. CD CO H ro o o T3 O CO Q) ro CO T3 O 3 CO ro < O > > < O > o > z o m (0 m z > z o m m z H CO o TJ 5.2, Co 11 iS 5 ^' a- l\3 I cn N3 c D ro CO CQ' 3 O 3-Q) 3 CQ ro CO W cr CO o 3 CO I Z H o ro <l o =. c o 5 92. tu ^3 S ?^ ^ CO 3 9L o rt <: ©_ c a rt rt sr s» s oro rt sr 69 BT rt •a o rt rt rt rt O r Si a a rt a sr rt •a o_ rt" rt rt rt o a. rt rt rt s 5' rt a rt v> rt < E. rt 7) a m (0 •0 H o o m CO o < m a m tn O _ Z 3 s O 15 CO 2 O -n 1^ CO m 5 2 ro c CO ro Q. > ro o TJ O CO 9L CO T3 O 3 CO ro < o H > Ti < D m CO o z o > z G) m CO CO c 00 CO H H CO •n O Ti Co Design-Builder Questionnaire Safety Training Center PV RATING AND EVALUATION PROCEDURES APPENDIX A SELECTION CRITERIA A. TO be selected for this project, a prospective Design Build Team must: 1. Have sufficient project experience for the Contractor as referenced in the Evaluation Score Sheet. The projects submitted will receive points based on the extent to which they meet the listed criteria. 2. Demonstrate adequate experience and Key Personnel as referenced in the Evaluation Score Sheet. {Information submitted will receive points based on experience). 3. Hold the proper licenses, current and active for the Design Builder and subcontractors. 4. Submit a notarized statement from the proposed surety{ies) that states: a. DB Team's current available bonding capacity meets or exceeds the minimum standards described in the Questionnaire. b. Surety{ies) proposed to be used on the project is an admitted surety insurer as defined in the California Code of Civil Procedure Section 995.120. c. Surety(ies) acl<nowledges its intent to provide bonding of the Project In the event DB Team is awarded the Project. 5. Submit a notarized declaration from its insurance agent/broker/carrier stating that the DB Team is able to obtain the insurance limits and ratings required for this project. 6. Submit all requested information that is current, accurate, and complete. B. To be selected for this project, a prospective DB Team must not have had, within the past five years: 1. A civil or criminal vioiation of the Contractors State License Law. 2. Any debarment, disqualification or removal from Federal, State, or local government public works project; a violation of the Federal or State False Claims Act or instances in which a bid for a public works project was found to be non-responsive and/or the contractor was found to be not responsible. 3. A civil or criminal violation of State or Federal Labor Laws, California Occupational Safety and Health Act, Federal Occupational Safety and Health Act, or of Equal Opportunity Employment. 4. A civil or criminal violation of Federal or State law governing the Payment of Wages or Employment of apprentices. Benefits, Personal Income Tax Withholding, Federal Insurance Contribution ACT (FICA), State Disability Insurance (SDI) or Unemployment Insurance Payment. 5. A surety complete work on any construction contract or any default on a construction contract. 6. A bankruptcy or receivership during performance of a construction contract. 7. Assessed liquidated damages for falling to complete a contract within the time specified in the contract documents 8. An Experience Modification Rate (EMR: Workers' Comp) injury rating above 1.0 for 5 of the last 5 years. 9. Excessive claims asserted against it that was resolved by judgment or arbitration award and otherwise meets the parameters specified In Items V.A, and have not asserted a claim against an owner that has been resolved by judgment or arbitration award and otherwise meets the parameters specified in Item V.B. lof 2 Design-Builder Questionnaire Safety Training Center PV C. Design Build Teams will be evaluated on the following additional criteria: 1. The project experience for the Design Build Entity and Key Subcontractors as referenced in the Evaluation Score Sheet. The projects submitted will receive points based on the extent to which they meet the listed criteria. The evaluation includes scores populated by the proposer based on the answers to the questions. The City Selection Committee will populate scores as Indicated in the Evaluation Score Sheet. Proposal Scoring Table mmHHHI^ Description P*oints Available Technical and Project and Staff experience of the DB Team 204 Pricing Proposal Experience of the Key Subcontractors 546 Pricing Proposal Net Present Value of the Proposed Investment * 300 Subtotal: 'Wttt/K/KK^^ P 1050 Oral Presentation Oral Presentation - if required 100 Total Score Score ^llllllllllll^^ The Financial results of Exhibit B Financial Spreadsheet, Net Present Value, (NPV) will determine the score for this category. The highest NPV will receive the maximum points. The lesser performing NPV will be given points on a sliding scale as described in the Technical and Pricing Proposal Request. THE CITYMAY FIND A PROSPECTIVE DESIGN BUILD TEAM NOT QUALIFIED IF THE CITY DETERMINES THAT THE PROSPECTIVE DESIGN BUILD TEAM HAS A HISTORY OF POOR PERFORMANCE ON OTHER PROJECTS. After review of the Evaluation Score Sheet, the city may request clarifying information. The Evaluation Score Sheet must be complete and address all the stated requirements. DB Teams selected for Interviews (if required) will be notified in writing, and will specify the date, time, and location of their interviews and outline the interview process. The city reserves the right to re-open the DB Team selection process if the city determines that there are insufficient qualified DB Teams to support the Proposal process. 2 of 2 c c o o eg. CD Q) o o o o \^ City of Safety Training Center Solar PV C Carlsbad PRICING PROPOSAL CONTENTS 1. PRICING PROPOSAL SUBMITTAL REQUIREMENTS 3 1.1 Pricing Proposal Submittal Instructions 3 1.2 Pricing Proposal Delivery 3 2. PRICING PROPOSAL SUBMITTAL BINDER 4 TAB 1 - Cover Letter 4 TAB 2 - Price Proposal 4 TAB 3 - Allowances 5 TAB 4 - Key Personnel, Project Staffing Matrix and Schedule 6 TAB 5 - Design Professional Rate Schedule for Additional Services 6 09/11/13 Page lof 5 Pricing Proposal \^ City of Safefy Training Center Solar PV C Carlsbad PRICING PROPOSAL SUBMITTAL CHECKLIST 0 Submittal in a separate sealed container identifies the: Project Name & Number, Submittal Date, Pricing Proposal Submittal. Submittal is properly addressed and delivered. 1 I Submittal in a 8.5" XII" Vertically Formatted 3-ring Binder; 1 copy, 1 electronic copy. • TAB 1 - Cover Letter I I TAB 2 - Pricing Proposal • Pricing Proposal Form • Proposal Security (Bid Bond or Certified Check) • Pricing Proposal Spreadsheet n TAB 3 - Allowances • City Provided Allowances - Not Used • Design Builder Provided Allowances I I TAB 4 - Key Personnel, Project Staffing Matrix and Schedule 09/11 /13 Page 2 of 5 Pricing Proposal C Citv of Safety Training Center Solar PV Cdtlsbad TECHNICAL AND PRICING PROPOSAL SUBMITTAL REQUIREMENTS APPENDIX C Proposers shall submit Technical and Pricing Proposals conforming to the format outline and providing all requested information (refer to the Request for Proposal). FAILURE TO COMPLY WITH THE REQUIRED FORMAT AND/OR PROVIDE THE INFORMATION REQUESTED MAY RESULT IN A NON-RESPONSIVE SUBMITTAL. 1.1 Technical and Pricing Proposal Submittal Instructions One (1) original of the Technical and Pricing Proposal shall be submitted in a sealed envelope. Include one (1) electronic copy (in PDF format). 1.2 Technical and Pricing Proposal Delivery a. Proposal Delivery Date Refer to the Proposal Schedule for the Pricing Proposal Submittal due date and time. b. Marking and Identification of Submittals Proposer shall clearly mark the outside of each package to identify the: Project Name: SAFETY TRAINING CENTER SOLAR PV ARRAY Project Number: Marked: "Technical and Pricing Proposal Submittal" Date of Submittal Design Build Entity Identification Number If the Proposals are sent by mail, courier or delivery service, the sealed package shall be marked with the notation "SEALED PROPOSAL ENCLOSED" on the face thereof. c. Designated Location for Receipt of Pricing Proposals Proposer shall assume full responsibility for timely delivery of proposals. Proposals shall be properly addressed to and received at: Contract Administration Kevin Davis City of Carlsbad Office 1635 Faraday Avenue Carlsbad, CA 92008 LATE PROPOSALS: ANY PROPOSAL, MODIFICATION, OR REVISION, THAT IS RECEIVED AT THE DESIGNATED LOCATION AFTER THE EXACT TIME SPECIFIED FOR RECEIPT OF PROPOSALS IS "LATE" AND WILL NOT BE CONSIDERED UNLESS IT IS THE ONLY PROPOSAL RECEIVED. LATE PROPOSALS AND MODIFICATIONS THAT ARE NOT CONSIDERED WILL BE HELD UNOPENED, UNLESS OPENED FOR IDENTIFICATION, AND THEN RETURNED TO THE PROPOSER AFTER AWARD. d. Proposal Delivery Methods (See marking instructions in 1.2b above) 1. Mail 2. Courier (Hand Delivery) 3. Delivery service 09/11/13 Page 3 of 5 Pricing Proposal Ccity of Carlsbad Safefy Training Center Solar PV 2. TECHNICAL AND PRICING PROPOSAL SUBMITTAL BINDER Pricing Proposals shall be submitted in 8 Vs" x 11" vertically formatted 3-ring binders and indexed with tabs numbered and labeled in bold type denoting the tab sections as follows: TAB 1 COVER LETTER Cover letter shall: 1. 2. Be a maximum of two (2) pages long. Include the name of the Proposer's contact person, phone number, email address, and facsimile number. TAB 2 r PRICING PROPOSAL Proposer shall submit the Pricing Proposal Form, Proposal (Bid) Security, and Pricing Proposal Spreadsheet as follows: A. Pricing Proposal Form. Submit a complete, signed and dated Pricing Proposal Form as contained within the RFP. The price shall be the proposed price for ALL phases, and aspects, including all Base Price design and construction activities prescribed within the RFP. Proposer shall make no stipulations on the Pricing Proposal Form nor qualify the Price Proposal in any manner. FAILURE TO SUBMIT A COMPLETE AND SIGNED PRICING PROPOSAL FORM SHALL RESULT IN THE PROPOSAL BEING REJECTED AND DEEMED NON-RESPONSIVE. PRICE PROPOSALS NOT SUBMITTED ON THE CITY'S PRICING PROPOSAL FORIVI SHALL BE REJECTED. B. Proposal (Bid) Security. The Price Proposal shall be accompanied by Proposal (Bid) Security In the amount of 10% of the Pricing Proposal as security for Proposer's obligation to enter into a contract with the City. Proposal security shall be a Bid Bond on the form contained within the RFP, or a certified checlt made payable to "The City of Carlsbad." The surety issuing the bid bond shall be, on the bid deadline, an admitted surety insurer (as defined in the California Code of Civil Procedure, section 995.120). PROPOSER MUST USE THE BID BOND FORM PROVIDED BY THE CITY. The Bid Bond form may not be retyped, reformatted, transcribed onto another form, or altered in any manner except for the purpose of completing the form. WHEN A BID BOND IS USED FOR PROPOSAL SECURITY, FAILURE TO USE THE CITY'S BID BOND FORM WILL RESULT IN THE REJECTION OF THE PROPOSAL C. Pricing Proposal Spreadsheet Submit a completed Pricing Proposal Spreadsheet as contained within the RFP. Complete all applicable line items; combining line items is not permitted. FAILURE TO PROVIDE SUFFICIENT DETAIL ON THE SPREADSHEET MAY RESULT IN THE PROPOSAL SUBMITTAL BEING REJECTED AS NON-RESPONSIVE. 09/11/13 Page 4 of 5 Pricing Proposal ^^City of Safefy Training Center Solar PV Carlsbad D. Financial Analysis Spreadsheet. Submit a completed Financial Analysis Spreadsheet as contained within the RFP. Provide initial cost for the solar array system and all maintenance and replacement costs over a 30 year period. TABS ALLOWANCES Proposer shall indude all allowances they may have included in their Pricing Proposal. These allowances shall be included in the Total Contract Price. A. City Provided Allowances: NONE B. Design Builder Allowances Provide a list of all Design Builder Allowances, if any. TAB 4 TECHNICAL PROPOSAL Provide all required Information described in the RFP. Proposer shall provide resumes of the key team members. Resumes shall demonstrate qualifications to work on this project and clearly define the proposed duties of each key person, their current position/title, proposed position/title, education, professional licensing, and work experience over the last ten (10) years. Each resume shall also indicate whether or not each key person has worked as part of the proposed team on similar projects, and which people have experience applying for and receiving incentives through the California Solar Initiative (CSI) program. Provide a design of the low slope mounting system and solar array that represents the form, function and finishes of this completed project. This design must include the extent of the mounting system and solar array's footprint. Provide an estimate of PV system performance using the EPBB calculator created for the CSI program. Provide a completed City of Carlsbad Solar PV Financial Analysis spreadsheet (Exhibit B). Provide Warranty and Performance Guarantee documentation. Provide a detailed description of the Commissioning Activities for the start-up of the solar array. 09/11 /13 Page 5 of 5 Pricing Proposal Financial Spreadsheet: Option 1 Based on EPBB results estment Analysis [Safey Training Center Energy Solar PV Financial Analysis Areas for the Bidder to provide values , Areas that will be calculated by formula City Provided Information Solar PV Summary Statement of Costs and Savings Energy Efficiency Measure Estimated Cost EPBB Annual kWh Production Estimated Annual Performance Degradation (%/yr) Electric Rate ($/kWh) Structure mounted Photovoltaic Panels $ 429,470 178,461 0.03% $ 0.19 Totals $ 429,470 178,461.00 $ 0 BENEFIT DRIVERS BENEFIT DRIVERS 1 2 3 Estimated Annual Production with degradation (kWh) I 178,461 178,416 178,372 Structure mounted Photovoltaic Panels - Annual Savings (pos value) $ 34,621 $ 35,997 $ 37,428 CSI Rebates - 5 yr PBl @ $0.114/kWh (pos value) $ 19,631 $ 19,626 $ 19,621 Annual Maintenance Costs (negative value) $ (1,250) Predicted replacement of components - inverters, etc (negative value) Total benefits realized $ 54.252 $ 54.373 $ 57.049 F^sts YearO Yearl Year 2 Years Jl 1 $ 429.470 1 $ -1 $ 1 $ Benefits Annual benefit flow Cumulative benefit flow (429,470; (429,470) 54,252 (375.218) 54,373 (320 845) 57,049 (263,796) Discounted benefit flow YearO Yearl Year 2 Year 3 Discounted costs $ 429.470 $ $ $ Discounted benefits $ $ 53.188 $ 52,262 $ 53,758 Total discounted benefit flow $ (429,470) $ 53.188 $ 52.262 $ 53,758 Total cumulative discounted benefit flow $ (429.470) $ (376,282) $ (324,020) $ (270.262) Initial Investment YearO Shade Structure mounted Photovoltaic Panels $ 429,470 $ 429,470 Total costs $ 429,470 Investment Measures Cost of capital 2.00% Total Investment Costs $429,470 Total CSI Rebates (not discounted) $98,104 M"* Present Value of Benefits $1,439,539 'resent Value of Investment $990,264 n.,.urn on Investment 235.19% Payback Period (in years) 9.29 Discounted Payback Period (in years) 10.20 Financial Spreadsheet: Option 1 Based on EPBB results IRR 12.61% c o o Powerful. Renewable. Reliable. Independent Energy Solutions Solar Electric Engineering & Constmction Is pleased to present this Photovoltaic System Design/Build Proposal to: CITY OF ^ CARLSBAD CALIFORNIA For a project located at: Safety Training Center 5750 Orion Way, Carlsbad CA, 92008 Presented to: Kevin Davis Contract Administrator 1635 Faraday Avenue Carlsbad, CA 92008 Monday, February 23, 2015 IES is a proud member of: Norm Amer-can Board of~ Presented by: Ken Riley kriley@indenergysolutions.com 1090 Joshua Way Vista, CA 92081 Tel: 760-509-3110 www.indenergysolutions.com CA Lic. No. 805159 c independent Energy Solutions TABLE OF CONTENTS TABLE OF CONTENTS 2 IES CAPABIUTIES 3 EXECUTIVE SUMMARY 5 Decentralized vs Centralized Inverters 5 Racking 6 Modules 6 OVERVIEW OF AVAILABLE OPTIONS 7 SYSTEM OVERVIEW 8 System/Package Specifications 8 SIGNIFICANT COMPONENTS 9 Modules 9 Record-Breaking Solar Technology 9 Best Solar Performance in Real-World Conditions 9 Inverters 10 http://www.sma-america.com/ 10 Rooftop Rocking System 11 http://www.panelclaw.com 11 Monitoring System 12 https://solarems. net/kiosks/ 12 WARRANTIES 13 IES' System Warranty 13 Limited Power Production guarantee 13 On-site Equipment Testing Program (i.e. Commissioning Plan) 14 Modules 14 Inverters 14 Monitoring System 14 Base Assumptions Regarding Pricing 15 Specifically Excluded from Pricing 15 APPENDIX A: PERFORMANCE MODEUNG 16 APPENDIX B: LAYOUTS 17 APPENDIX C: PRODUCT DATA SHEETS 18 APPENDIX D: WARRANTY AND COMMISSIONING DOCS 19 APPENDIX E: FINANCIAL SPREADSHEET (4) 20 CA Lic. No. 805159 2 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Contldcntiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions. Inc. and the recipient o o Independent Energy Solutions S.iar llcvtric i jifpnivnng k OmtnicAan IES CAPABILITIES We stand out from our competitors because we are one of the longest-standing, well- respected solar integrators in the world. With clients such as Hunter Industries, Qualcomm, Stone Brewery (awarded solar installation of the year by Solar Builder Magazine), Whole Foods, US Navy, Army Marines, SDSU and SDG&E; we have the knowledge, experience and expertise to design, construct, and complete your project on time and within specifications. Our team offers a unique combination of design, construction and business resources that make IES the best design-build solution for your energy needs. These qualities, combined with our commitment to best practices, make Independent Energy Solutions the capable, reliable, and confident choice for your important project! Other significant attributes include: o Experience • Installation of over 50 solar systems larger than 50kW • A long list of satisfied clients available upon request o Battery Storage - Installation of over lOMWh of battery storage o Expertise • Solar Installation of the Year - Solar Builder Magazine - Stone Brewery • In-House Engineering Team • In-House Project Management Organization • In-House Construction Team and Service Department • Over fifteen years PV experience with more than 80 years executive level experience in the PV industry o A Certified Woman-Owned Business o Quality and Safety • .69 Experience Modification Rating (Safety Rating) • EM385 & OSHA 40hr Safety Certifications for General Foreman and Installation Crews • Quality Control Management (CQM) certified General Foreman CA Lic. No. 805159 3 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Nofice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions. Inc. and the recipient Independent Energy Solutions EXECUTIVE SUMMARY The purpose of this proposal is to provide City of Carlsbad with the information required to make an informed decision on adding a photovoltaic system to your facility. In response IES entertained a myriad of different approaches in an effort to provide the best overall value. Ultimately we identified (3) major decisions that needed to be considered: Racking, Inverters and Modules. The financial, technical, and process particulars are outlined below. Decentralized vs Centralized Inverters Cost, energy production, and Return on Investment (ROI) are paramount when considering the design and layout of a commercial PV system. Selecting the right technology and applying the most cost/performance-optimized method is the key to creating a best-value proposition for each individual client. In light of best industry practices and evolving technology, PV integrators have moved towards a better model: decentralized commercial rooftop systems utilizing string inverters. For PV plants ranging from 20 kW to 1 MW, this model simplifies installation, increases energy production and lowers long-term costs, adding profit to the bottom line for the City of Carlsbad. Decentralized commercial systems have been the preferred design approach for commercial projects for a number of years due to the following key advantages: 1. Improved Energy Harvest Potential - By using 3-Phase string inverters with higher efficiencies, integrators can immediately realize more energy production. With multiple MPPTs, energy harvest is optimized. Should problems arise, the redundancy provided by multiple inverters preserves system uptime and protects the owner from lost profit. 2. Reduced Install ond Transport Cost - Utilizing string inverters, integrators eliminate the need for costly heavy machinery such as cranes and rigging systems. Transport is much simpler and freight costs are lower. 3. Balance of system (BOS) Savings - Shorter DC cabling runs and the elimination of DC combiner boxes save money. Combined, these make a decentralized approach to commercial PV the most cost-effective and profitable method available. 4. Worry-Free Long-term Operation - Every commercial PV system needs an O&M plan. By selecting the most reliable inverters available, O&M can be virtually eliminated. If problems do arise, a longer factory warranty and short replacement product lead time ensure the disruption is at a minimum. In addition, string inverters can be replaced quickly by two electricians in the field, without disconnection or shutdown ofthe entire array to replace an inverter. This assures continued energy production. CA Lic. No. 805159 4 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions. Inc. and the recipient o Independent Energy Solutions S.4jr l:k\.;rk IjtpnnT.nf; l> Conrtiucfian Racking IES has provided two different approaches the racking and support of the proposed PV system. The first option is a pre-engineered Panel Claw Polar Bear III racking system the second is a custom engineered minimally tilted approach to provide a higher module count. Pre-engineered racking solutions provide the following advantages: 1. Engineering - Panel Claw engineering is much quicker than a traditional custom engineered solution due to predetermined design parameters reinforced by in- depth wind tunnel testing. 2. Installation - The pre-engineered solution arrives pre-palletized and requires no onsite fabrication. This combined with lES's experience installing this product lends itself to a more efficient predictable and higher quality installation. 3. 12° Tilt - The increased tilt results in higher energy yields for the life of the system. The higher tilt also reduces soiling. 4. Serviceability - The inter-row spacing provided by the pre-engineered approach allows individual modules to be easily be accessed and/or removed for serviceability. The ease of access will make any necessary cleaning and/or servicing C of the rooftop faster, safer and less invasive to the system 5. The partially ballasted system can be engineered to minimize the number of penetrations on the rooftop and mitigate the risk of future water intrusion. 6. The pre-engineered solution provides a slightly lower NPV than the larger monolithic custom engineered solution however due the increased efficiency it provides higher ROI over the life of the system. These advantages combined with a lower upfront cost make this the preferred approach by IES. Modules Up-front cost vs. overall return (NPV, and ROI) are the primary tradeoffs that determine module selection. IES modeled over a dozen different approaches using SunPower, LG and SolarWorld modules as outlined in the "Overview of Available Options" section of the proposal. Ultimately SunPower provided the highest NPV and when modeled properly using PV SIM it also provided the highest ROI. This combined with the robust warranty, financial stability and high quality of the SunPower product provided IES with information necessary to make a final recommendation of SunPower as the basis of design. * Please see Appendix A for detailed PDF's and explanation of system modeling. * Please see Appendix B for System Layouts CA Lic. No. 805159 s Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Nofice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions. Inc. and the recipient Independent Energy Solutions S.4jf Lkvtrk b^pnmnx; fc CcoMtnicacm OVERVIEW OF AVAILABLE OPTIONS The chart below represents the pricing and particulars of all proposed photovoltaic systems: Overview of Available Options Option Manufacturer Module Model # Module DC STC Rating Tit # of Modules kW DC STC, 1 SunPower SPR-E20-327-COM 327 12° 352 115.10 2 SunPower SPR-E20-327-COM 327 5° 364 119.03 3 SunPower SPR-E20-327-COM 327 0° 432 141.26 4 SolarWorld SW285 Mono 285 12° 334 95.19 5 SolarWorld SW285 Mono 285 5° 390 111.15 6 SolarWorld SW285 Mono 285 0° 442 125.97 7 LG LG305N1C-B3 305 12° 334 101.87 8 LG LG305N1C-B3 305 5° 390 118.95 9 LG LG305N1C-B3 305 0° 442 134.81 ROI and NPV of Options Using EPBB Calculations Option kWh/kW kWh EPBB % OFFSET EPBB PRICE ROI NPV 1 1550 178,461 81% $429,469.98 235.19% $990,264 2 1485 176,757 80% $438,379.98 225.21% $967,899 3 1450 204,888 93% $ 520,528.88 217.96% $1,112,313 4 1534 146,021 66% $341,025.31 242.18% $809,701 5 1473 163,724 74% $370,185.12 253.97% $921,717 6 1414 178,122 81% $423,764.93 236.74% $983,542 7 1538 156,676 71% $373,470.07 235.57% $862,518 8 1473 175,213 80% $407,943.98 244.02% $975,954 9 1415 190,756 87% $465,708.30 228.39% $1,042,772 ROI and NPV of Options Using PV Watts and PV Sim Cafcuiations Option kWh/kW kWh PV Watts or PV Sim % OFFSET IES PRICE ROl NPV 1 1699 195,562 89% $429,469.98 267.67% $1,127,009 2 1625 193,421 88% $438,379.98 256.21% $1,101,152 3 1553 219,383 100% $520,528.88 240.68% $1,228,222 4 1581 150.495 68% $341,025.31 252.81% $845,236 5 1517 168,615 77% $370,185.12 264.67% $960,561 6 1459 183,734 84% $423,764.93 375.78% $1,363,793 7 1581 161,056 73% $373,470.07 245.07% $897,309 8 1517 180,447 82% $407,943.98 254.42% $1,017,523 9 1459 196,627 89% $465,708.30 238.60% $1,089,402 • Items highlighted in Yellow are options represented in the formal proposal CA Lic. No. 805159 6 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions. Inc. and the recipient c Independent Energy Solutions S.4jr l.kctrkGMbwabwIiOomliiicieii o SYSTEM OVERVIEW IES recommends the following option as outlined in the over view of available options. System/Package Specifications • Option 1 - 115.10 kW DC STC roof-mounted photovoltaic system comprised of: a. (352) SunPower 327 watt modules b. (4) SMA Tripower 24kW 480v Inverters c. Panel Claw - Polar Bear III pre-engineered 12° racking system d. Draker Monitoring System w/ EmonDmon Meter capable of being integrated into City of Carlsbad SCADA system • Option 2 -141.26 kW DC STC roof-mounted photovoltaic system comprised of: a. (432) SunPower 327 watt modules b. (5) SMA Tripower 24kW 480v Inverters c. Draker Monitoring System w/ EmonDmon Meter capable of being integrated into City of Carlsbad SCADA system • Service and Support a. Public View Website capable of being displayed on a web enabled screen b. Documentation preparation and facilitation of SDG&E interconnection process, and application for California Solar Initiative PBl commercial rebates. c. Operating and Maintenance (O&M) documentation d. On-site start-up training e. Preventative maintenance and response contracts available at additional cost CA Lic. No. 805159 i Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions. Inc. and the recipient. Independent Energy Solutions S;4tf I Jivtrk Utfpmvnnj; fc CuraliwciBn SIGNIFICANT COMPONENTS Modules SUNPOWER Record-Breaking Solar Technology SunPower® commercial solar solutions are powered by the world's most efficient solar technology. Operating at an efficiency of up to 24%, SunPower solar cells designed with the patented SunPower Maxeon^"" technology produce up to 50% more energy per square foot than other solar technologies and consistently outperform other solar technologies in a broad range of real-world conditions, including high temperatures, low light and over extended periods of time. Best Solar Performance in Real-World Conditions • SunPower panels outperform others early in the morning, late in the day, and on cloudy days. • They effectively absorb different wavelengths of light to generate more electricity. • They perform better at high temperatures than others. Because they're more efficient at converting light into electricity (and not heat), the hotter it gets outside, the better they perform compared to the competition. • They maintain efficiency during initial break-in. Most panels lose 3% efficiency when first exposed to sunlight. Not SunPower. From end to end, SunPower guarantees you the highest level of solar energy system performance. Installation is fast to minimize disruption. And SunPower® panels perform. Ten years of comprehensive data show that on average, SunPower® solar panels deliver 105 percent of their expected energy production. Plus, they're built to withstand real-world conditions, so your long-term maintenance costs are impressively low—with an impressively high 98 percent uptime. http://us.sunpower.com/ *Please see Appendix C for product data submittals CA Lic. No. 805159 8 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solufions. Inc. and the recipient o o Independent Energy Solutions SAM \.V\ttk Infiiwr.nii fc CVmtmcien Inverters SMA SMA America, founded in 1981, is the world leader in solar inverter technology with over three gigawatts installed and manufacturing divisions in nine countries on four continents. SMA inverters have been proven over time to consistently perform in extreme and oceanic environments. Additionally, SMA has received numerous awards for its product solutions and exceptional corporate culture. SMA Tripower: SMA's new Sunny Tripower is raising the level of performance for decentralized commercial PV plants. This three-phase transformerless inverter is UL listed for up to 1000 V DC maximum system voltage and has peak efficiency above 98 percent, while OptiTrac Global Peak minimizes the effects of shade for maximum energy production. The Sunny Tripower delivers a future-proof solution with full grid management, and communications and monitoring features. The Sunny Tripower is also equipped with all- pole ground fault protection and integrated AFCI for a safe, reliable solution. It offers unmatched flexibility with a wide input voltage range and two independent MPP trackers. Suitable for both 600 V DC and 1,000 V DC applications, the Sunny Tripower allows for flexible design and a lower levelized cost of energy. http://www.sma-america.com/ *Please see Appendix C for product data submittals CA Lic. No. 805159 9 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions. Inc. and the recipient. c Independent Energy Solutions S.'Aif LkvnU- Lngpnivnrif; fc Ccniiucttem Rooftop Racking System pane] aw PanelClaw's mission is to deliver worldwide photovoltaics safety and performance solutions. Over the past few years, the company has become a leading supplier of flat roof and ground mount systems. PanelClaw is headquartered in North Andover, MA, with offices in San Francisco and Dusseldorf, Germany. PanelClaw offers a manufacturer's warranty of 10 years from the date of shipment to the first consumer purchaser. http://www.panelclaw.com *Please see Appendix C for product data submittals C CA Lic. No. 805159 lo Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Nofice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions. Inc. and the recipient. c Independent Energy Solutions S^-iM Ik-ctric ttiglnnillog fc C'onanicsivi Monitoring System DRAKER Draker is a full service provider of turnkey monitoring solutions for commercial and utility scale renewable energy projects. Founded in 1999, Draker is the oldest independent solar monitoring provider in the US and has installed more than two hundred data acquisition systems at commercial sites throughout the world. In addition to pre-testing all components pre-shipment, Draker utilizes only the highest quality monitoring equipment, confidently providing a better than industry standard warranty on all components. Draker maintains a high level of customer satisfaction and unsurpassed level of customer service. Sample Screenshots of Draker Monitoring System: C Sentalis La Sunxilta -2 | Projecl OmrvurM Alarms Real-bme Graphs Reports PV Systam 1 Solar Rasowrc* 1 M1W/M2 • nvt,n»f DC. OS •/. nr PV Sys4«<n 2 Data 10 -x. 03 % 10 •>!. 97 V. 1 58 1 PCS stal* i PCS stat* H *• i This information is accessible via the Internet, and can be displayed on any web-ready television in a public area to educate the public on system performance. Please see the following website for a demonstration ofthe display. https://solarems.net/kiosks/ *Please see Appendix C for product data submittals CA Lic. No. 805159 ii Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The infonnation contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions. Inc. and the recipient c c c Independent Energy Solutions Sk.'4ir l.kvtrk |ji|;inBnii\g ii Contiiuc^Ti WARRANTIES IES' System Warranty All electricity-generating components supplied by IES in this Solar Photovoltaic system, as well as all workmanship, are covered by a limited warranty. IES shall provide a ten (10) year system warranty that administers the manufacturers' warranties for defective system components, and provides no-cost repair and replacement of said defective system components. Beyond 10 years, IES will pass through all individual supplier warranties with documentation stating exactly what is covered for specific periods. This warranty also covers any and all actions on the part ofthe installation team that could foreseeably affect the functioning of the PV system as a whole that are not due to the malfunctioning or failure ofthe equipment used in the installation. Date of installation is defined as the date of final AHJ inspection. Limited Power Production guarantee All electricity-generating components supplied and installed by IES in this Solar Photovoltaic system are covered by a limited power production guarantee. Power production guarantee is provided for the first ten years of system production commencing upon receipt of utility permission to operate. Power production guarantee guarantees a minimum of 90% of estimated annual kWh production with an annual reduction for degradation starting after Year 1. Warranty does not cover loss of production due to accidental, incidental, or intentional damage, including acts of God (earthquakes, hail, etc.) or damage due to neglect by the owner. Any acts of God or damage due to neglect at any point during the 10 year guarantee will void said guarantee. In the event of system downtime due to accidental, incidental, or intentional damage, including acts of God (earthquakes, hail, etc.) or damage due to neglect by the owner, the total days of downtime will be given an average daily production value, then the days will be added for the total loss in production ofthe system, of which will be subtracted from the quoted annual production ofthe system to determine the new annual kWh production that this guarantee will cover. After each year of production (365 days), IES will have 5 business days to confirm any request by the customer for the difference in the quoted annual production (-10% for environmental deviation) and the actual annual production ofthe solar system CA Lic. No. 805159 12 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions. Inc. and the recipient. c Independent Energy Solutions C c S.4dir Lkvfric Inpiwnnf; fc ConliiKKan On-site Equipment Testing Program (i.e. Commissioning Plan) IES has developed and refined a detailed Commissioning Plan that incorporates all aspects ofthe On-Site Equipment Testing Program required for this project. The Commissioning Plan integrates testing and inspection at various stages throughout the project. The process begins with engineering and concludes with training of equipment operators at the end of the project and includes procedures for pre-test, test and post-test of systems which ensure every system is functioning properly at multiple stages of the project. The entire process is managed with Quality Control reviews by the Superintendent and with oversight from the Project Manager. The Director of Construction, Engineer of Record and Executive Level Team members visit the projects at various stages of completion as an additional quality control measure. In addition to our internal Commissioning Plan described above, IES adheres to and incorporates manufactures installation instructions and manufacturers pre-installation checklists. IES not only internally commissions their own systems but performs as a Third Party commissioning agent for clients such as the Army Corps of Engineers, and US Marine Corps. Manufacturer Warranties for major equipment are as follows: Modules With SunPower's industry leading 25 year combined product and power warranty, your solar energy system will be protected for years to come. SunPower controls the entire production process to ensure that the highest quality product reaches your rooftop and produces the most energy over the life of your system. As a publicly-listed, financially- sound company, you can feel confident knowing that SunPower will be here to help you play a significant part in America's energy future. Inverters SMA offers a standard 10 year warranty for their Tripower Inverter. Extended warranties are available at an additional cost. *Please see Appendix D for additional information on specific product manufacturer's warranties and commissioning plan. Monitoring System Draker offers a standard 5 year warranty for their monitoring systems. Extended warranties are available at an additional cost. *Please see Appendix D for additional information on warranties and commissioning plan. CA Llc. No. 805159 i3 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentialit) Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solutions. Inc. and the recipient. c Independent Energy Solutions yiw l.kxftk Ijtjpntvr.riR fc L'onlltujtm Base Assumptions Regarding Pricing • All technology and equipment specified/used in this project will meet or exceed all currently applicable and proposed safety, environmental and interconnection standards, as well as all facility structural weight and fire safety requirements • All PV system equipment and components will be UL certified • The structural integrity of the building will allow for the additional dead and live loads ofthe proposed system • IES will obtain permits and utility approvals necessary to install the PV System • Interconnection work/outages will be scheduled to accommodate customer needs. All work to be performed during normal business hours, or will be scheduled in advance for IES crews. • Pricing assumes IES employees will have free access to the roof through the building during business hours • IES will validate the structure and PV system for seismic and wind loading. All calculations will be stamped by a licensed California Registered Structural Professional Engineer • IES will provide electrical drawings stamped by a licensed California Registered Electrical Professional Engineer • DAS is specified for the PV monitoring only and includes 5 years of monitoring • The planned AC electrical tie-in is 480V 3-phase 4-wire • System/installation will meet all requirements for interconnection with appropriate documentation. IES will be responsible for providing all documentation • System will meet fault duty requirements at this location. System layout is acceptable to City of Carlsbad in terms of setbacks • Adequate space for storage of materials equipment and parking will be provided on site • Cash flow and financial analysis assumes availability of CSI rebates at time of contract Specifically Excluded from Pricing • Structural reinforcement or modifications to the existing building • Repairs of any electrical code violations at the existing facility • SDG&E rebate reservation fees • Concrete pads and/or inverter enclosures • Removal and/or disposal of hazardous materials CA Lic. No. 805159 14 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidenfiality Notice: The information contained in this proposal and any attachments is considered a confidential and/or privileged communicafion between Independent Energy Solutions. Inc. and the recipient Independent Energy Solutions S:4« Lkxtrk Ijif;!!^^!!^]; fc CVmrtiucion APPENDIX A: PERFORMANCE MODELING C CA Lic. No. 805159 is Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The information contained in this propo.saI and any attachments is considered a confidenfial and/or privileged communicafion between Independent Energy Solutions. Inc. and the recipient. "sola r CALIFORNIA Incentive Calculator - CSI Standard PV The CSI-EPBB calculator is a tool available to participants ofthe CSI Program to determine the EPBB Design Factor and calculate an appropriate Incentive level Dased on a reasonable expectation of performance for an individual system. The CSI-EPBB Calculator has also been created for consumer s lo educate tfiemselves on the differences of solar system design and how changes to the PV system's specifications will produce different kilowatt hour results over the course of a year Please be aware that actual pertormance of an installed PV system Is based on numerous factors, including some factors that may not be considered in the CSI-EPBB Calculator While this calculator relies on industry-standard assumptions, and is driven by NREL's PV Watts v 2 calculator there may be other factors that affect the output of your PV System Proposed Site Specifications: Project Name Safety Training Facility - (352) SP327's @ 12° ZIP Code 92020 City El Cajon Utility SDG&E Customer Type Government/Non-Profil Incentive Type FEI PV System Specifications: PV Module SunPower:SPR-E20-327-COM 327 OWSTC. 301 4WPTC Numberof Modules 352 Mounting Method >6' average standoff DC Rating (WV STC) 1151040 DC Rating (kW PTC) 106.0928 Inverter SMA America.STP24000TL-US-10 (480V) Number of Inverters 4 Inverter Etticieno' (%.; 98.00 % Shading Minimal Shading Tracking Fixed Array Tilt (degrees) 12 Array Azimuth (degrees) 180 True North 0° Estimated Monthly Production 1S663 18290 "fff igiiS Proposed Results Annual kWh Summer Months Summer kWh CEC-AC Rating Capacity Factor' Prevailing Capacity Factor^ Design Factor^ Eligible Annual kWh'* Incentive Rate Incentive* Report Generated on Proposed 178,461 May-October 103.412 103.971 kW The CEC-AC rating exceeds ttie rated capacity of the inverter(s). 19594% 20 000% 97.970S 178.461 $0.088/kWh $78,523 2/22/2015 2:29:31 PM 1 Capiacity Factor This is Hie estimated annual output ofthe proposed system divided by 8760 times the CEC-AC rating 2 Prevailing Capacity Factor This is 13% during incentp/e steps 2 and 3 and 20% during incentive steps 4 through 10 3 Design Factor This is the ratio of the Capacity Factor and the Prevailing Capacity Factor. 4 Eligible Annual kWh For systems greater than 1Nf>A( i CEC-.AC Rating), this is the prorated estimated annual output of the proposed system 5 Incentive This is the estimated total incentive for the proposed system, and is calculated as the estimated eligible annual output tiines the incentive rate limes 5 years The incentive paid will be based on Ihe actual production of the installed system. Please be aware that the final CSl mcentr.'e rate that is reserved for you v^ill be determined by your CSI Program Administrator at the time your reservation request (RR) application is approved, and may be lov.!erthan the current incentive rate shown in the CSI Statewide Trigger Point Tracker Please note that final mcentr.'e amounts are subject to change based upon the configuration of the as-bu* system iPer the CSI Handbook, no projects or applications are reserved CSI fijndmg until all required informaton has been submitted artd approved in wrUmg by the Program Administrator) 6 As of 8/10/07, ttie CSl-EPBB calculator performs rounding as follows C Estimated kWh production is rounded to the kWh C CEC-AC rating IS rounded to the watt C Capacity factor s rounded to 5 significant digits C Design factor is roun<led to S significant digits c E mail csi-epbb(a)aesc-inc.com with questions or comments. © 2007-2010 California Solar Initiative Program Administrators | conditions of use j privacy policy j accessibility o "sobr CAUFORNIA incentive Calculator - CSl Standard PV The CSI-EPBB calculator is a tool available to participants ofthe CSI Program to determine the EPBB Design Factor and calculate an appropnate incentive level based on a reasonable expectation of performance for an Individual system The CSI-EPBB Calculator has also been created for consumer's to educate themselves on the differences of solar system design and how changes to the PV system's specifications will produce different kilowatt hour results over the course of a year Please be aware that actual performance of an installed PV system is based on numerous factors including some factors that may nol be considered in the CSI-EPBB Calculator While this calculator relies on Industry-standard assumptions, and Is driven by NREL's PV Watts v 2 calculator, ttiere may be ottier factors ttiat aftect ttie output of your PV System. Proposed Site Specifications: Project Name Safety Training Facility - (432) SP327 s @ 2° ZIP Code 92020 City El Cajon Utility SDG&E Customer Type Government/tJon-Profit Incentive Type PBl PV System Specificatk>ns: PV Module SunPower:SPR-E20-327-COM 327 OWSTC 301 4WPTC Numberof Modules 432 Mounting Mettiod >6 ' average standoff DC Rating (kW STC) 141 2640 DC Rating (kW PTC) 130.2048 Inverter SMAAmerica:STP24000TL-US-10 (480V) Numberof Inverters 5 Inverter Efficiency (%) 98 00 % Shading Minimal Shading Tracking Fixed Array Tilt (degrees) 2 Array Azimuth (degrees) 180 True North 0° Estimated Monthly Production 22856 22696 21797 Proposed c Results Annual kWh Summer Months Summer kWh CEC-AC Rating Capacity Factor' Prevailing Capacity Factor^ Oesign Factor* Eligible Annual kWh** Incentive Rate Incentive* Report Generated on Proposed 204.888 May-October 123.752 127.601 kW The CECnAC rating exceeds the rated capacity of the inverter(s). 18 330% 20 000% 91.650S 204.888 $0.088/kWh $90,151 2/22/2015 2:33:46 PM 1 Capacity Factor Ths is the estimated annual output of the proposed system dr/ided by 8760 times the CEC-AC rating 2 Prevailing Capacity Factor Ths s 18% during incentive steps 2 and 3 and 20% during mcentp^e steps 4 through 10 3 Design Factor This is the ratio of the Capacity Factor and the Prevailing Capacity Factor 4 Eligible Annual kWh For systems greater than 1l.tW iCEC-AC Rating* this s the prorated estimated annual output of the proposed system 5 Incentive Ths is the estimated total incentp.'e for the proposed system, and is calculaled as the estimated eligible annual output tunes the incentive rate times 5 years The incentpve paid will be based on the actual production ofthe installed system Please be aware that the final CSl incentpve rate that s reserved tor you will be determined by your CSI Program Admmstrator at the time your reservation request (RR) application s approved, and may be tower lhan the current incentive rate shown in the CSI Statewide Trigger Pomt Tracker Please note that fmal mcentPi^e amounts are subject to change based upon the configuration of the as-buil system (Per the CSI Handbook no projects or apphcations are reser.ied CSI fundmg unt( an required information has been submitted and approved m wntmg by the Program Admmstrator ) 6. As of 8/10/07 the CSI-EPBB calculator performs rounding as foltov/s C Estimated kVvh production s rounded to the kWh C CEC-AC rating s rounded to the watt c Capacity factor is rounded to 5 significant digits C Design factor s rounded to 5 significant digits E-mail csi-epbb@aesc-inc-com with questions or comments. © 2007-2010 California Solar Initiative Program Administrators | conditions of use j privacy policy | accessibility SUNPOWER SUNPOWER CORPORATION ESTIMATED INITIAL YEAR ENERGY PRODU Project Name : 2015_COC_(352) 327's Project Site Audit Number : Revision Number Date Simulation Version 2/22/2015 2.0.2.4 PVSim 2.6.1 Simulation Summary LOCATION Latitude: Longitude: Elevation: Time zone: DATA TYPES Weather Data Location: Weather Data Source: Rain Data Location: Rain Data Source: Snow Data Location: Snow Data Source: SIMULATION OPTIONS Date Range: Time Step: SYSTEM INFORMATION Mounting System: System azimuth: Nameplate Rating (STC): Inverter AC Rating: INVERTER Type: Efficiency (rating): MODULES Type: Nameplate Rating (STC): Flash Test Rating (STC): Module Area: 33.13 degrees -117.28 degrees ICQ meters GMT -8.00 United States, California, CARLSBAD/PALOMAR NRELCTMYS) included in Weather Data United States, California, Ocean Hills (33.15, -117.25) Meteonorm? January 1 01:00 - December 31 24:00 60 minutes TIO 0 degrees 115.1 kWp 96.2 kWac SMA STP24000TL-US-10-480 97.80% SunPower SPR-E20-327-COM 327 W 331 W 1.631 m2 PVSim 2.6.1 Simulation Output Yield (first 12 Months): 1717.2 kWh/kWp Performance Ratio (PR): 87.43% Capacity Factor (CF): 23.92% System Nameplate Rating: 115.1 kWp Inverter AC Rating: 96.24 kW Month Gh Insolation kWh/m2/day POA Insolation kWh/m^/day AC Energy kWh ]an 3.14 3.75 11,966 Feb 3.57 4.03 11,615 Mar 5.26 5.73 18,069 Apr 6.64 6.92 20,820 May 5.63 5.67 17,528 Jun 7.19 7.17 21,356 Jul 7.30 7.34 22,524 Aug 6.59 6.79 20,965 Sep 4.54 4.80 14,441 Oct 3.94 4.37 13,844 Nov 3.49 4.14 12,671 Dec 3.07 3.78 11,853 Year: 1 5.04 5.38 197,651 SHADING Field layout: North-South GCR: East-West GCR: Overall GCR: ARRAY SETTING Location type: Mounting: Ground albedo: LOSSES DC Electrical Losses: DC Wiring loss: Mismatch loss: Power Conversion Efficiencies: MV transformer efficiency: HV transformer efficiency: AC Electrical Losses: AC Wiring loss: Auxiliary Load Loss; Environmental Losses: Site Shading loss: Operational Efficiencies: System availability: Soiling: Soiling mode: Soiling rate: Soiling rate multiplier: Last cleaned on: Snow: Snow Mode: Number of days with snow: Mounting system losses: Tracker misalignment loss: Rows 0.67 1.00 0.67 Urban TIO 20% -0.50% -0.80% 100.00% 100.00% -1.10% 0.00% 0.00% 98.00% User specified 2.00% N/A N/A Dynamic N/A 0.00% Expected IVIonthly Energy Production and Solar Resource AC Energy (kWh) —••—Global Horiz Insolation O POA Insolation 25000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec SunPower Corporation 3939 N. 1st Street, San Jose, CA 9513, USA www.sunpowercorp.c [Complete 1 Isimulation 5.04I 5.38 197,651 c Estimated energy production shown is provided as a guidance only and is not an endorsement for energy yield. o SunPower Corporation 3939 N. 1st Street, San Jose, CA 9513, USA www.sunpowercorp.c o APPENDIX B: LAYOUTS Independent Energy Solutions Scfctf llcctric naJiMiiUL It Conttmcttm c CA Llc. No. 805159 16 Independent Energy Solutions, Inc. 1090 Joshua Way, Vista, CA 92081 www.indenergysolutions.com Confidentiality Notice: The infonnation contained in this proposal and any attachments is considered a confidential and/or privileged communication between Independent Energy Solution.s. Inc. and the recipient. Carlsbad Saftey Training Facility PV Layout - Option 1 - 352 SunPower Modules @ 12' Carlsbad Safety Training Facility Carlsbad Saftey Training Facility PV Layout - Option 2 - 432 SunPower Modules @ 0' Carlsbad Safety Training Facility SHEET PV-2 SUNPOWER E-SERIES COMMERCIAL SOLAR PANELS MORE ENERGY, FOR LIFE,' • 20.4% efficiency Captures more sunliglit and generates more power than conventional panels. • High performance Delivers excellent performance in real world conditions, such as high temperatures, could and low light.'' ^' • Commercial grade Optimized to maximize returns and energy production, the E-Series panel is a bankable ilution for commercial solar applications. Moxeon® Solar Cells: Fundamentally better. Engineered for performance, designed for reliability. Engineered for peace of mind Designed to deliver consistent, trouble-free energy over a very long lifetime."'^ Designed for reliability The SunPower® Moxeon Solar Cell is the only cell built on a solid copper foundation. Virtually impervious to the corrosion and cracking that degrade Conventional Panels.'''^ #1 Ranked in Frounhofer durability test.'° 100% power maintained in Atlas 25' •mprehensive PVDI Durability test." HIGH PERFORMANCE & EXCELLENT RELIABILITY (i3 SERIES E20 - 327 PANELS HIGH EFFICIENCY' Generate more energy per square foot E-Series commercial panels convert more sunlight to electricity producing 36% more power per panel, and 60% more energy per square foot over 25 years.^ "^ HIGH ENERGY PRODUCTION ' Produce more energy per rated watt More energy to power your operations. High year one performance delivers 7-9% more energy per rated watt.This advantage increases over time, producing 20% more energy over the first 25 years to meet your needs. 20% 35% more, year 25 Years 10% 6 ''- 4 2% 0% Maintains Higfi Power at High Temps No Light-Induced Degradation High Average Watts Better Low-Light and Spectral Response High-Performance Anti-Refiective Glass X PHOTON sunpowercorp.com SUNPOWER E-SERIES COMMERCIAL SOLAR PANELS MORE ENERGY, FOR LIFE, c SUNPOWER OFFERS THE BEST COMBINED POWER AND PRODUCT WARRANTY POWER WARRANTY PRODUCT WARRANTY 100% 95% 90% 85% 80% 75% Troditiono Warranty More guaranteed power: 95% for first 5 years, -0.4%/yr. to year 25. ELECTRICAL DATA E20-327-COM E19-310-COM Nominal Power'^ (Pnom) 327W 310W Power Tolerance +5/-3% +5/-3% Avg. Panel Efficiency'-' 20.4% 19.3% Rated Voltage (Vmpp) 54.7 V 54.7 V Rated Current (Impp) 5.98 A 5.67 A Open-Circuit Voltage (Voc) 64.9 V 64.4 V Short-Circuit Current (Isc) 6.46 A 6.05 A Maximum System Voltage lOOOVUL; lOOOVlEC Maximum Series Fuse 20 A Power Temp Coef. (Pmpp) -0.38%/°C Voltage Temp Coef. (Voc) -176.6 mV/°C Current Temp Coef. (Isc) 3.5 mA/°C REFERENCES: 1 All comparisons are SPR-E20-327 vs. a representative conventional panel: 240W, approx. 1.6 m', 15% efficiency. 2 PVEvolution Labs "SunPower Shading Study," Feb 2013. 3 Typically 7-9% more energy per watt, BEW/Df^lV Engineering "SunPower Yield Report," Jan 2013. 4 SunPower 0.25%/yr degradation vs. 1.0%/yr conv. panel. Compeau, Z. et ol. "SunPower Module Degradation Rate," SunPower white paper, Feb 2013; Jordan, Dirk "SunPower Test Report," NREL, Oct 2012. 5 "SunPower Module 40-Year Useful Life" SunPower white paper, Feb 2013. Useful life is 99 out of 100 panels operating at more than 70% of rated power. 6 Out of all 2600 panels listed in Photon International, Feb 2012. 7 8% more energy than the overage of the top 10 panel companies tested in 2012 (151 panels, 102 companies). Photon International, March 2013. 8 Compared with the top 15 manufacturers. SunPower Warranty Review, Feb 2013. 9 Some exclusions apply. See warranty for details. 10 5 of fop 8 panel manufacturers were tested by Frounhofer ISE, "PV Module Durability Initiative Public Report," Feb 2013. 11 Compared with the non-stress-tested control panel. Atlas 25-t- Durability test report, Feb 2013. 12 Standard Test Conditions (1000 W/m' irradiance, AM 1.5, 25° C). 13 Based on overage of measured power values during production. •1 SunPower mmi HHl HMI Trodit Warr ionol antv • • Hi 0 5 10 15 20 25 Years Combined Power and Product Defect 25 year coverage that includes panel replacement costs. ^ OPERATING CONDITION AND MECHANICAL DATA Temperature - 40°F to +185°F (- 40°C to +85°C) Max load Wind: 50 psf, 2400 Pa, 245 kg/m^ front & back Snow: 1 12 psf, 5400 Pa, 550kg/m2 front Impact resistance 1 inch (25 mm) diameter hail at 52 mph (23 m/s) Appearance Class B Solar Cells 96 Monocrysfolline Moxeon Gen II Cells Tempered Gloss High Transmission Tempered Anti-Reflective Junction Box IP-65 Rated Connectors MC4 Compatible Frame Class 2 silver anodized Weigfit 41 Ibs (18.6 kg) TESTS AND CERTIFICATIONS Standard tests UL 1703, lEC 61215, lEC 61730 Quality tests ISO 9001:2008, ISO 14001:2004 EHS Compliance RoHS, OHSAS 18001:2007, lead-free Ammonia test lEC 62716 Salt Spray test lEC 61701 (passed maximum severity) PID fest Potential-Induced Degradation free: lOOOV '° Available listings CEC, JET KEMCO, MCS, FSEC, CSA, UL TUV 46mm [1.81in] 1559mm [61.4inl 1046mm [41.2in] iee http://www.sunpowercorp.com/facts for more reference information. For further details, see extended datasheet: wv^.sunpowercorp.com/datasheets Read safety and installation instructions before using this product. Designed in California ® March 2013 SunPower Corpofolion All rights reserved, SUNPOWER, Ihe 5UNPOWEI? logo. MAXEON, MORE ENERGY FOR LIFE,, and SIGNATURE ore Irodemarks or registered Irademorks ol SunPower Corporalion. Specilicotions included in this datasheet ore subject lo chonge without notice. sunpowercorp.com Document # 505701 Rev A/LTR EN SUNNY TRIPOWER 12000TL-US / 15000TL-US / 20000TL-US / 24000TL-US RATED FOR lOOOVDCaidOOVDC SYSTEMS Design flexibility 1000 V DC or 600 V DC Two independent DC inputs 15° to 90° mounting angle range Detachable DC Connection Unit System efficiency • 98% CEC, 98.5% Peak • 1000 V DC increases system efficiency • OptiTrac advanced MPPT • OptiTrac Global Peak MPPT Enhanced safety • Integrated DC AFCI • Floating system with all-pole sensitive ground fault protection • Reverse polarity indicator Future-proof • cluster Controller, WebConnect/ Speedwire • Bi-directional Ethernet communications • Complete grid management feature set • Ability to satisfy future utility requiremenis • ENGINEERED "IN GERMANY ASSEMBLhDSB IN THE USA = SUNNY TRIPOWER 12000TL-US / 15000TL-US / 20000TL-US / 24000TL-US The ultimate solution for decentralized PV plants SMA's new Sunny Tripower TL-US is raising the level of performance for decentralized commercial PV plants. This three-phase transformerless inverter is UL listed for up to 1000 V DC maximum system voltage and has peak efficiency above 98 percent, while OptiTrac Global Peak minimizes the effects of shade for maximum energy production. The Sunny Tripower delivers a future-proof solution with full grid management, and communications and monitoring features. The Sunny Tripower is also equipped with all-pole ground fault protection and integrated AFCI for a safe, reliable solution. It offers unmatched flexibility with a wide input voltage range and two independent MPP trackers. Suitable for both 600 V DC and 1,000 V DC applica- tions, the Sunny Tripower allows for flexible design and a lower levelized cost of energy. THE TOTAL PACKAGE The Sunny Tripower TL-US is engineered to optimize design, production, and reliability- reducing a project's levelized cost of energy and improving its financial returns. Unmatched flexibility Available in four power classes, the Sunny Tripower TL-US features a wide operating window, two MPP trackers, and 600 V DC or 1,000 V DC operation, making it ideal for any decentralized project. System engineering is mode simple and repeatable, resulting in a shortened design cycle. Easy to transport and install, the Sunny Tripower con be mounted in a variety of ways from vertical to nearly horizontal. Concrete pods usually required by central inverters are unnecessary, preserving site real estate. Enhanced power production Leading efficiency and SMA's proprietary OptiTrac Global Peak MPP tracking means owners benefit from superior power production and improved economics. When operated at 1,000 V DC, balance of system costs can also be significantly reduced. The Sunny Tripower TL-US also features advanced diagnostics, including a reverse polarity indicator via the Connection Unit 1000-US. Future proof The Sunny Tripower TL-US includes a number of technologies designed to meet tomorrow's requirements. Full grid management functionality is available, as ore cutting edge communication options like SMA's Cluster Controller and Speedwire. SMA Service can also simplify long-term planning with comprehensive packages covering inverters through plant-wide operations and maintenance (O&M). And, as 0 decentralized technology, inverter- level O&M is reduced from the beginning compared to centralized architecture. Optimized cost The Sunny Tripower TL-US allows integrators to optimally use real estate, shorten design and installation time, and produce more power. Inve rte r-l eve I O&M is reduced through string technology and long-term support Is made simple through SMA's service organization, making the Sunny Tripower TL-US the ultimate solution for decentralized PV. Technical data Sunny Tripower 12000TL-US Sunny Tripower 15000TL-US Sunny Tripower 20000TL-US Sunny Tripower 24000TL-US Input (DC) Max. recommended PV power (@ module STC) 15000W 18750 W 25000W 30000W Max. DC voltage* lOOOV lOOOV lOOOV lOOOV Rated MPPT voltage range 300 v...800 V 300 v...800 V 380 v...800 V 450 v...800 V MPPT operating voltage range 150 V...1000V 150V...1000 V 150V,.,1000 V 150 V...1000V Min. DC voltage / start voltage 150V/ 188 V 150V/ 188 V 150 V / 188 V 150 V / 188 V Number of MPP tracker inputs 2 2 2 2 Max. input current / per MPP tracker input 66A/33 A 66 A/33 A 66 A/33 A 66 A/33 A Output (AC) AC nominal power 12000 W 15000 W 20000 W 24000 W Max. AC apparent power 12000 VA 15000VA 20000 VA 24000 VA Output phases / line connections 3 / 3-N-PE Nominal AC voltage 480/277 V WYE AC voltage range 244 v.. 305 V Rated AC grid frequency 60 Hz AC grid frequency / range 50 Hz, 60 Hz/44 Hz...65 Hz Max. oulput current 14.4 A 18 A 24 A 29 A Power factor at rated power / adjustable displacement 1 / 0.8 leading ...0.8 lagging Harmonics <3% Efficiency Max. efficiency 98.2 % 98.2 % 98.5 % 98.5 % CEC efficiency 97.5% 97.5% 97.5% 98.0% Protection devices DC reverse polarity protection Ground fault monitoring / Grid monitoring All-pole sensitive residual current monitoring unit DC AFCI compliant to UL 1699B AC short circuit protection Protection class / overvoltage category General data Dimensions (W / H / D) in mm (in) Packing dimensions (W / H / D) in mm (in) Weight Packing weight Operating temperature range Noise emission (typical) Inlernal consumption at night Topology Cooling concept Electronics protection rating Features Display / LED indicators (Status / Fault / Communication) Interfaces: Speedwire / RS485 Mounting Angle Range Warranty: 10 / 15 / 20 years Certifications and approvals (pending) NOTE: us inverters ship with gray lids 'Suitable for 600 V DC max. systems I/IV I/IV I/IV 665 / 690 / 265 (26.1 / 27.1 / 10.4) 780 / 790 / 380 (30.7 / 31.1 / 15.0) 55 kg (121 Ibs) 61 kg (134.5 Ibs) -25°C...+60°C 51 dB(A) 1 W Transformerless OpIiCool NEMA3R -/• •/O 15° ...90° •/O/o -/• •/o 15°...90° •/o/o -/• •/o 15°...90° •/o/o I/IV -/• •/o 15°..90° •/o/o UL 1741, UL 1998, UL 1699B, IEEE 1547, FCC Part 15 (Class A & B), CAN/CSA C22,2 107.1-1 Type designation STP 12000TL-US10 STP 15000TL-US-10 STP 20000TL-US-10 STP 24000TL-US10 96 i _ 94 I 5- 92 : '0 : tt 90 Etficiency curve SUNNY TRIPOWER 24000TL-US Ela|V„ - 450 V) ElolV., -700 V) - - Eto IV., - .-SDC yi V.„.[V] Output power / Rated power Accessories RS485 interface DM-185CB.US-10 SMA cluster Controller CLCON-IO • Standard features O Optional features — Not available Data at nominal condilions CONNECTION UNIT 1000-US The Connection Unit is on optional system component of the Sunny Tripower TL-US series and includes combiner box and disconnect functionality in one convenient housing. Its integrated reverse polarity indicator supports safe installation. Technical data Input (DC) Max. DC voltage Number of input source circuits (strings) Input conductor size Max. fuse size Output (DC) Oulput circuits Oulput conductor size Max. rated continuous current / per output circuit Protection devices Touchsofe fuse holders Reverse polarity indicator Load-break rated output disconnect General data Dimensions (W / H / D) in mm (in) Packing dimensions (W / H / D) in mm (in) Weight Packing weight Protection rating Features Certificates and permits [pending) Connection Unit 1000 V lOOOV 8 (4 + 4) #12 to #6 AWG 20 A #12 to #2 AWG 66 A/33 A 500 / 380/140 (19.7/15.0 / 5.5) 520 / 420 / 200 (205 / 165 / 7.9) 5.5 kg (12 Ibs) 6.0 kg (13 Ibs) NEMA3R c • Standard features O Optional features — Not available Type designation CU iooaus-10 Toll Free+1 888 4 SMA USA www.SMA-America.com SMA America, LLC SUNNY WEBBOX Reliable Remote monitoring, diagnosis and configuration of the solar power system from anywhere in the world Data logger for all key plant data Responsive • Rapid detection of operation failures • Error notification via e-mail or text message User-friendly Easy remote access via a web browser Includes free standard access to the Sunny Portal for the entire service life of the system Informative Flexible display, evaluation, yield and event reports via the Sunny Portal SUNNY WEBBOX Remote monitoring and maintenance of large solar power plants The Sunny WebBox is the ideal monitoring solution for large solar plants. It receives and stores current measurement values and transmits data via 6/uetoofh® or RS485, keeping you informed of system performance 24 hours per day. In the event of 0 problem, the Sunny WebBox allows you to react quickly. Parameters can be changed remotely and a variety of measured values con be depicted, analyzed and downloaded via a Web browser from anywhere in the world with an Internet connection. All data from the connected devices is stored and, if desired, automatically transmitted to the Sunny Portal. With the optional GSM modem, measurement data con even be transmitted to the Sunny Portal from remote locations. c c Technical data Sunny WebBox Sunny WebBox with Bluetooth Communication Inverler communication RS485, 10/100 Mbit Ethernet (only for Sunny Central) Bluetooth PC-communication 10/100 Mbit Ethemet 10/100 Mbit Ethernet Data Interface Modbus TCP, RPC RPC Connections Inverter Ethernet Max. number of SMA devices RS485 / Ethernet Bluetooth Max. communication range RS485 / Ethernet Bluetooth (unobstructed) Power supply Power supply Inpul voltage Power consumption Environmental conditions in operation Ambient temperature Relative humidity Memory Installation options Status display Language versions (software, manual' Features 1X SMACOM 10/100 Mbit, RJ45 50/50 1200m/ 100m (3937 ft / 328 ff) External plug-in power supply 100 V - 240 V AC, 50 / 60 Hz Typ. 4 W/ max. 12 W -20 °C...+55 °C (-4 °F...-H31 °F) 5% ... 95%, non-condensing 10/100 Mbit, Rj45 -/- 50 -/- Upto 100 m (328 ft)** (con be extended with on SMA Bluetooth Repeater) External plug-in power supply 100 V - 240 V AC, 50 / 60 Hz Typ. 4 W/ max 12 W -20 °C...+65 °C (-4 °F...-hl49 °F) 5% ... 95%, non<ondensing LEDs LEDs German, English, French, Greek, Italian, Korean, Dutch, Portuguese, Spanish, Czech Operation Integrated Web sen/er (Internet browser) Integrated Web server (Internet browser) Warranty: 5 years • • Certificates and approvals www.SMA-Solar.com www.SMA-Solar.com Accessories Sunny SensorBox Connection via RS485 Power Injector Connection via SMA Power Injector with Bluetooth SMA Bluetooth Repeater for extending the max. -o communication range SD cord 1 GB / 2 GB o o RS485 communication cables o - Plug-in power supply with adopters • • Inlernal 8 MB in a ring memory configuration 1 2.5 MB in o ring memory configuration External SD cord 1 GB / 2 GB (optional) SD card 1 GB / 2 GB (optional) General data Dimensions (W / H / D) in mm (in) 255/ 130/57 (10/5/2) Weight 750 g (2 lb) Mounting location Indoors Indoors ** Up to 50 m (165 ft) with SMA Bluetooth® Piggy-Bock. Required for Sunny Boy 3000-US / 38G0-US / 400aUS / 500aUS / 6000-US / 7000-US / 8000-US and 8000TL-US / 9000TL-US / lOOOOTL-US • Standard features O Optional features — Not available Type designation Sunny WebBox Sunny WebBox with Bluetooth Communication with the inverters via RS485 or Bluetooth Presentation of plant data with Sunny Matrix or Floshview Free, automatic visualization of the measurement data in Sunny Portal SD cord slot for optional memory expansion and data transfer to a PC Integrated web server enables online remote data access from any web-enobled PC in the world Integrated FTP server for data transfer and storage ono PC Quick set-up thanks lo Sunny WebBox As- sistant and the quick reference guide Flexible, simultane- ous data transfer to on FTP server and the Sunny Portal Toll Free+1 888 4 SMA USA wvy^.SMA-Americo.com SMA America, LLC Polar Bear "^lat Roof Mounting System Systenn Level Approach Low-cost mounting components provide savings early in the project development process. However, when you are looking to lower the total installed cost, from delivery to a fully wired system, details make the difference. Polar Bear® III combines critical system features, A-to-Z project support, and long-term product reliability into a single low-cost platform. The system components, delivery, and installation procedures have been jointly designed to deliver a lower total cost and better service experience. The Polar Bear® III takes the best features, service, and reliability from PanelClaw's earlier flat roof systems and combines them into a single platform. C panelclaw.com panel aw Polar Bear III Flat Roof Mounting System 10 Degree panel aw RODUCT AND COST EVOLUTIO Trusted Roof Integrity Polar Bear® III reduces potential long- term roof damage with fully captured allast, integrated roof protection pads and a system design that allows for free water flow. Accelerated Construction The engineered design emphasizes built-in features to improve construction efficiencies: • Three major components, light- weight and easy to move • Pre-instalied bolts to quickly mount Ballast Trays • Single-module tilt-up to facilitate must-have access to roof, wiring and maintenance Safety and Reliability Polar Bear III is the result of PanelClaw's data-driven test program to improve V reliability. Polar Bear III is proven fchnology based on hundreds of megawatts of project experience. Support Three Components Support • Easy-to-handle components that weigh less than 2.5 pounds • Integrated recycled rubber roof protection pads • Pre-drilled holes for wire management cabling options Ballast Tray • Angled fit with locking end-tab to fully capture ballast blocks • Hemmed edges and chamfered corners prevent wiring from coming into contact with sharp edges Claw • Attachment to module using standard module mounting holes • UL 2703 certified for electric bondini and grounding Applications Flat roof (max slope 5°) Fully ballasted or mechanically attached Module Tilt Angle 10° nominal Shading Ratio 2.3:1 and 2:7:1 Module-to-Module Spacing 21.88" and 18.38" Platform Load -1.9 - 8 psf Module Orientation Landscape Module Attachment Standard module mounting holes Basic Wind Speed Upto 120 mph (>120 mph by approval) Wind Exposure Category B and C (D by approval) Seismic Compatibility C, D, E and F Warranty and Certifications 25 year warranty UL 2703 certification System Fire Rating Class A with Type 1 and Type 2 modules Made in USA (978) 688.4900 | sales@panelclaw.com © 2015 PanelClaw, Inc. Printed on recycled paper DRAKER SPECS o PRODUCT MATRIX Typical Proiect Size i PV250 PV2000 PV5000 Upto 250kW Upto2MW 2 MWorgreater Utility scale Standard Hardware Weatherproof enclosure Power supply AHr battery backup [typical days ol backup operation) Onboard dala storage Hardware designed for harsh environments Terminal block sensor lermmation design Remote firmware updates & upgrades 5 year warranty Scalable hardware archileclure lor large PV installations Inverter communication gateway Gateway communication: Cellular ICL Ethernet IE) Final storage intervals Flexible site configuration Base station re-calibralion SCADA Compatibility Modbus RTU slave lor interlace with building mgmt. syslems Additional data backup (compact Hash card) Options Polycarbonate 120-240Volts 11 phase) 7 |2+Days) Siandard • '>/""[ • C, E 15 min Polycarbonate 120-240VollsH phase) 480 Volts 3 Phase lOpiionai 7 |2tDays) Standard • • up lo 8 C. E 15 min 'y^ • Stainless Steel 120-240 Volts II phase) 480 Volts 3 phase lOptionail 37 (7+Days) Standard • • • ~ up to 32 C.E 1 to 15 min ?iZZ • • • Revenue grade meter Maximum # of meters Pyranomeler - plane ol array irradiance Back ol module temperature sensor Communicalion between base stations lEthernel, RS-485) Ambient temperature sensor Anemometer Wind vane sensor Additional meter for net energy moniloring (demand analysis) Pyranomeler - horizontal irradiance Solar resource sensor upgrades Sub-array level DC moniloring String level DC monitoring with smart combiner box O&M keypad (external) TCP / IP enabled (two-way communication) Weather Sensor: all-in-one (Vaisala) Web Software • _t Optional Optional • Optional Optional • Standard Standard • • Optional • Optional 2nd Class (Modbus Only) (Modbus Only) Optional • • 32" Standard Standard • • Standard • • Isl. 2nd, • • Standard • • Role-based user configuration Configurable alarm thresholds Sub-system comparative analysis Basic Reporting Package: Portfolio Overview. Project Dashboard, Output Reporting, Basic Alarming, Inverter Faults Advanced Reporting Package: System Elliciency, Performance Analysis Graphs, Performance Baseline. Perlormance Reports, Expected vs. Actual, Performance Guarantee Tracking Public display Application programming interface Customized alarms and reports Field Services Optional Optional c Onsite installation support * commissioning Design support Optional Optional Recommended Recommended Recommended Recommended Technical Support Training Field instrument calibration Commissioning report • Optional Optional • Optional Optional 866.486.2717 salesiad rakerenergy.com www.drakerenergy.com SPECS SPECIFICATIONS Base Station Enclosure PV250 PV2000 PV 5000 Operating Temperature Range -25"to +50°C -25°to+50°C -25°to+50°C Storage Temperature Range -40''to+70°C -40°to +70°C -40° to -i-70°C Rating NEMA4X NEMA4X NEMA4X Physical Size 18'x16"x10" 18"x16"x10" 24"x20"x6" Material Polycarbonate Polycarbonate Stainless Steel Onsite Data Display Not Available Optional Optional Battery Backup Optional Standard Standard Power Supply 90-264 Volts 90-264 Volts IStandard) 480-575 Volts lOptional) 90-264 Volts IStandard) 480-575 Volts lOptionall Energy Meters Enclosure Operating Temperature Range: -30° to +70°C Storage Temperature Range: -40° to *-85°C Rating: NEMA4X Physical Size: 10"x8"x6" Material: Polycarbonate Standard Measurements AC Power, Energy, Voltage, Current, plus many more. Accuracy, revenue grade < ±.2% c Contact us for informaiion on more accurate or different meters Performance Sensors Standard Measurements Plane of Array |POA] Solar Irradiance (silicon pyranomeler) Horizontal Solar Irradiance (silicon pyranomeler) Back of Module IBOM) Temperature (silicon ttiermistor) Typical Error; Stability: Typical Error: Stability: Accuracy: ±5% < ± 2% change over 1 year period ±5% < ± 2% ctiange over 1 year period < 1°C Contact as for information on more accurate or different sensors Environmental Sensors Optional Measurements Ambient Temperature Horizontal Solar Irradiance (silicon pyranomeler) Wind Direction (meclianical vane) Wind Speed (cup anemometer) Wind Speed (sonic) Wind Direction (sonic) Precipitation Barometric Pressure Relative Humidity Conlact us 'or intormatlon on more accurate or different sensors Accuracy: Typical Error: Stability: Range: Linearity: Dead Band: Starting Threshold: Accuracy: Range: Accuracy (0 to 35 m/s): Accuracy (35 to 60 m/s): Azimuth: Accuracy: Accuracy: Range: Accuracy: Accuracy (0 to 90%RHl: Accuracy (90 to 100%RH]: < 1°C ± 5% < ± 2% change over 1 year period 360° < 1% 8° maximum, 4° typical 1.75mph < 0.1 m/s (5 m/s to 25 m/sl 0 to 60 m/s Greater of ± 0.3 m/s or ± 3% ±3% Oto 360° ±3° ± 5° (wind induced error excluded! 600 to 1100 hPa ± 1 hPa ± 3%RH ± 5%RH DRAKER MONITOR. MANAGE. CONTROL. 866.486.2717 salesiadrakerenergy.com www.drakerenergy.com SunPower Limited Product and Power Warranty for PV Modules This Limited Warranty is effective for SunPower® photovoltaic modules with SPR in the product number and sold affer July 1, 2012. 1. LIMITED WARRANTY SunPower Corporation ("SunPower") warrants that for 25 years beginning on the Warranty Start Dote' (the "Warranty Period"), its photovoltaic modules specified above ("PV Module(s)"), shall be free from defects in materials and workmanship under normal application, installation, use and service conditions, and the power output of the PV Modules will be at least 95% of the Minimum Peak Power^ rating for the first 5 years, and declining by no more than 0.4% per year for the following 20 years, so the power output at the end of the final year of the 25 year warranty period will be at least 87% of the Minimum Peak Power rating. If any PV Module foils to conform fo this Limited Warranty and provided that any loss in power is determined by SunPower (in its sole discretion) nof fo fiove resulted from one of the excluded events set forth in Section 3 below, then for the Warranty Period, SunPower will repair, replace (new or refurbished) or refund the defective PV Modules as set forth herein. SunPower will make all reasonable efforts to repair or replace the PV Module with on electrically and mechanically compatible PV Module with on equal or greater power rating. If this is not commercially feasible, tfien SunPower will refund the purchase price of the defective PV Module as paid by the customer The repair, replacement or refund remedy provided herein sfioll be the sole and exclusive remedy. Limited Warranty for any repaired or replaced PV Module shall not extend beyond the Warranty Period. In the case of a valid claim for PV Modules installed by SunPower, an affiliate of SunPower or an authorized SunPower installer, the Limited Warranty covers: (i) reasonable and customary transportation costs for return of the PV Modules; (ii) resfiipment of any repaired or replaced PV Modules; and (iii) costs associated with installation, removal or reinstallation of the PV Modules. 2. GENERAL CONDITIONS FOR WARRANTY CLAIMS o) Warranty claims must in all events be filed within the Warranty Period. b) Warranty claims may only be made by, or on the behalf of (i) the original end customer, as named in the certificate of guarantee or invoice, as applicable, and (ii) any subsequent title holder of the PV Modules upon satisfactory proof of succession or transfer from the original end customer as named in the certificate of guarantee or invoice, as applicable. c) Wfien PV Modules ore used on a mobile platform of any type, such as o vehicle, the Warranty Period shall be limited to 1 2 years. d) In coses of PV Module replacement, any replaced PV Module shall pass into the ownership of SunPower 3. EXCLUSIONS AND LIMITATIONS The Limited Warranty does not apply to any of the following: a) PV Modules subjected to: misuse, abuse, neglect or accident; alteration, improper installation, application or removal (including but not limited to installation, application or removal by any party other than SunPower, a SunPower authorized dealer or technician approved by SunPower in writing); non-observance of the applicable SunPower installation, users and/ or maintenance instructions or non-compliance with notional and local electric codes; repair or modifications by someone c / "Warranty Start Date" is the earlier of (ij dale of array interconnection and (iil 6 months following the date of SunPower delivery. If the delivery date cannot be verified, manufacturing date will be used in its place. 2 "Minimum Peak Power" is defined as Peak Power minus peak power tolerance or the minimum rated power, os shown on the label. Peak Power is delmed as the watt peak at Standard Test Condilions, as described in IEC61215, measured per IEC60904, and accounting for tolerances pet EN50380. SunPower modules shall, in any event, require a sweep rale of no less than 200ms to ensure an accurate power measurement. SunPower con provide a detailed testing procedure or a /;5/ of recoqnized testina aqencies upon request. ^ „ ,-,rsn ^ C7 c Documeni#. 503170 l<ev A customercare@sunpowercorp.com 1.800.SUNPOWER (1.800.786.7693) www.sunpowercorp.com SUNPOWER other than an approved service technician of SunPower; conditions exceeding the voltage, wind, or snow load specifications; power faiiure surges, lightning, flood, or fire; damage from persons, insects, animals, or industrial chemical exposure; gloss breakage from impact or other events outside SunPower's control. b) Cosmetic affects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials con include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any port of the PV Module. c) PV Modules installed in locations, which in SunPower's absolute judgment may be subject to direct contact with bodies of salt water d) PV Modules for which the labels containing product type or serial number hove been altered, removed or mode illegible. e) PV Modules which hove been moved from their original installation location without the express written approval of SunPower SunPower shall not be held responsible or liable to the customer or any third-party arising out of any non-performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of SunPower 4. LIMITATION OF WARRANTY SCOPE SUBJECT TO THE LIMITATIONS UNDER APPLICABLE LAW, THE LIMITED WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF AND EXCLUDE ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR PARTICULAR PURPOSE, USE, OR APPLICATION, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF SUNPOWER, UNLESS SUCH OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES ARE EXPRESSLY AGREED TO IN WRITING, SIGNED AND APPROVED BY SUNPOWER. SUNPOWER SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAAMGE OR INJURY TO PERSONS OR PROPERTY OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THE PV MODULES, INCLUDING, WITHOUT LIMITATION, ANY DEFECTS IN THE PV MODULE, OR FROM USE OR INSTALLATION. UNDER NO CIRCUMSTANCES SHALL SUNPOWER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, HOWSOEVER CAUSED. LOSS OF USE, LOSS OF PROFITS, LOSS OF PRODUCTION, LOSS OF REVENUES ARE THEREFORE SPECIFICALLY BUT WITHOUT LIMITATION EXCLUDED. SUNPOWER'S AGGREGATE LIABILITY, IF ANY IN DAMAGES OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE PAID TO SUNPOWER BY THE CUSTOMER, FOR THE UNIT OF PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED, AS THE CASE MAY BE, WHICH GAVE RISE TO THE WARRANT/ CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF DAAAAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF ANY PROVISION OF THIS LIMITED WARRANTY IS HELD UNENFORCEABLE OR ILLEGAL BY A COURT OR OTHER BODY OF COMPETENT JURISDICTION, SUCH PROVISIONS SHALL BE MODIFIED TO THE MINIMUM EXTENT REQUIRED SUCH THAT THE REST OF THIS LIMITED WARRANTY WILL CONTINUE IN FULL FORCE AND EFFECT 5. OBTAINING WARRANTY PERFORMANCE If you feel you hove a justified claim covered by this Limited Warranty, immediately notify (a) the seller and installer of the PV Modules, or (b) any authorized SunPower installer, or (c) contact SunPower Corporation directly at the contacts shown below. Your installer, or SunPower will give advice on handling the claim, which shall include, without limitation, the provision of the warranty cord, online warranty registration information, invoice, and/or evidence of the date of delivery of the PV Module, serial number and product number of affected modules, and evidence of claim. The return of any PV Modules will not be accepted unless prior written authorization has been given by SunPower Document*: 503170 Rev A customercare@sunpowercorp.com 1.800.SUNPOWER (1.800.786.7693) www.sunpowercorp.com SUNPOWER SMA America LLC Factory Warranty Note: tfiis description of SMA Solar Technology America's limited factory wananty is effective on November 1,2013 and supersedes all prior warranty descriptions. 10 Year Warranty A ten year warranty applies to the following products: SBXXX-US, SBXXXX-US, SBXXXXHF-US, SBXXXXXTL-US, STPXXXXXTL-US, WBXXXX-US, Multigote- US, MG-XT-XX-US 5 Year Warranty A five year warranty applies to the following products: SIXXXXU, SIXXXX-US, SBXXXXU, SWRXXXXU, ST6US, SMA Cluster Controller, Smartformer for Sunny Island, Multicluster Box for Sunny Island, SMA Fuel Sover Controller, Webconnect Data Module, Sunny Beam with Bluetooth®, Sunny WebBox, Sunny WebBox with Bluetooth®, Sunny SensorBox, SC/SB Combiner Boxes. The SMA factory warranty provides toll free technical support, shipping costs, and repair or replacement port costs during the warranty period. The factory warranty period begins 3 months after shipment from SMA America. Five and ten year warranty extensions can be purchased at any time during the factory warranty coverage period. Warranty Conditions If a device is determined to be defective during the SMA factory warranty period, one of the following services, as selected by SMA, will be performed of no charge: 1. Exchange the defective device with either a new or like-new device that is functionally equivalent to the device being replaced; or 2. Repair the defective device at SMA's depot facility. In the case of on exchange, the remainder of the eligible warranty will be transferred to the replacement device, or 90 days whichever dote is later. If the warranty applies, and if SMA has o branch or service partner in the country where the device is operated, the transport costs ore covered by SMA. The SMA factory warranty includes a Service Call Rebate for eligible installers/dealer companies as follows: 1. SBXXXX-US, SBXXXXHF-US, SBXXXXXTL-US, SBXXXXU, SWRXXXXU, WBXXXX-US, Inverters and SIXXXXU, SIXXXX-US, Sunny Island units are eligible for a $ 150 Service Call Rebate 2. STPXXXXXTL-US Sunny Tripower Inverters ore eligible for o $250 Service Coll Rebate 3. SB 240-US Sunny Boy Micro Inverters ore not eligible for a Service Call Rebate 4. Non-inverter products listed in this document are not eligible for a Service Call Rebate c For rebate program details, please see the SMA Inverter Service Coll Rebate Form located ot www.sma-america.com. (Please select the Service tab and Downloads) In order to fulfill its obligations under this limited warranty, SMA Americo may require a copy of the purchase receipt, the warranty certificate, installation documentation, or evidence of the warranty extension. End-user customers ore encouraged to retain such documentation. The model/serial number must be included on the documentation provided in order to determine warranty entitlement. Exclusion of Liability The SMA limited factory warranty does not cover damages that occur due to: transport damage incorrect installation or commissioning failure to observe the user manual, maintenance requirements and intervals modifications, changes or attempted repairs incorrect use or inappropriate operation insufficient ventilation ofthe device failure to observe the applicable safety regulations, force majeure (e.g. lightning, overvoltage, storm, fire) cosmetic defects which do not directly influence energy production, or degrade form, fit, function Additional claims due to direct or indirect damage especially compensation claims for damages due to loss of profits, or revenue, or incurred costs arising from disassembly and mounting, ore expressly excluded in the absence of a written contract agreement with SMA America. How to get Warranty Support SMA America products ore designed and built for reliability. However, in the unlikely event of o failure, please contact the SMA Technical Service Line at 1-877-697-6283 where on SMA Technical Support Representative will assist you. Proper fault diagnosis may require o qualified Solar PV service technician to be ot the SMA device location and equipped with o quality digital AC/DC voltmeter. The onsite service technician may be asked to take voltage measurements and provide error codes from the inverter. Additional information will be required such as model number, serial number, job site name, original dote of installation, PV array configuration, and a description of any modifications that have been performed on the inverter. If the onsite repair technician is unwilling or unable to assist SMA in the fault diagnosis process, the customer may be charged $160.00 plus shipping costs if no trouble is found when the device is tested by the SMA Service Repair Department. c Replacement Procedure and Conditions C SMA America will provide standard ground shipping. If expedited shipping is requested, the shipping costs will be billed to the customer. SMA America does not provide new replacement equipment to distributors or installers who exchange new equipment from their stock to customers in the field at their own discretion. If there ore any unresolved or pending financial issues between the customer and SMA America at the time of trouble call reporting, the issue will have to be resolved before material exchange can occur. Customer-modified equipment does not qualif/ for the advanced replacement exchange warranty process and must be returned to the SMA depot for repair. Unless the modification created the failure, customer-modified equipment is covered under the above described SMA warranty conditions on a repair/return basis only. When replacing on inverter, customer is asked to safely remove any piggyback modules (i.e. RS-232 cords, RS-485 cords, etc.] from the inverter to be returned, ancTretain them for reinstallation by customer on the replacement equipment. Customer or their installer is expected and requested to repack the defective equipment in the same shipping box used to ship the replacement, and manually apply the SMA provided return shipping label(s) to the box of the equipment to be returned. If the end user chooses to hove the inverter repaired and returned, SMA America will send on empty shipping box and shipping coll tog if the original packaging is not available. The returned unit will be repaired and returned to the end user. SMA Solar Technology America, LLC 6020 West Oaks Blvd, Ste 300 Rocklin, CA 95765 Tel. +1 916 625 0870 TeL +1 877-MY SMA TECH Tel. +1 877 697 6283 (Toll free, available for USA, Canada and Puerto Rico) Fax +1 916 625 0871 Service@SMA-America.com www.SMA-America.com SMA Solar Technology Canada Inc. 2425 Matheson Blvd. E, 7lh Floor Mississauga, ON L4W 5K4 Canada Tel. +1 877 697 6283 (Toll free, available for Canada) Service@SMA-Canada.ca www.5MA-Canada.ca SMA AMERICA, LLC REPAIR CENTER 3801 North Havana Street Denver, CO 80239 panel aw 1600 Osgood St., Suite 2023 North Andover, MA 01845 Tel: 978.688.4900 Fax: 978.688.5100 www.panelclaw.com PanelClaw®, Inc. Limited Warranty PanelClaw, Inc. ("PanelClaw") warrants to the first consumer purchaser that PanelClaw's Polar Bear® Gen III solar panel mounting system (the "Product") will be free from defects in materials and workmanship for a period of twenty-five (25) years from the date of shipment. PanelClaw will, at its option, either repair the defect or replace the defective Product or part thereof with a new or remanufactured equivalent. PanelClaw's total liability hereunder for such repair or replacement shall not exceed the original purchase price ofthe Product. This warranty does not apply to damage incurred during shipment and does not apply to damage that is the result of improper handling or for any damages or defects in the Product which were caused by repairs or attempted repairs performed by anyone other than an authorized service provider. This warranty does not cover cosmetic damage, damage from accident, negligence, improper installation, misuse, acts of God, failure of purchaser to comply with applicable laws including local building code limits, or failure to have the Product installed to PanelClaw's specifications by an authorized installer or failure to operate the Product in accordance with instructions and warnings contained in the Product manual or in component manufacturers' manuals supplied with the Product, if any. This Warranty shall be VOID if installation of the Product is not in accordance with PanelClaw's written installation instructions, or if the Product has been modified, repaired, or reworked in a manner not previously authorized by PanelClaw in writing, or if the Product is installed in an environment for which it was not designed. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND PANELCLAW DOES NOT MAKE ANY WARRANTY OF MERCHANT ABILITY OR ANY WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PANELCLAW BE LIABLE FOR OR RESPONSIBLE TO THE PURCHASER OR TO ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE PRODUCT. To obtain warranty services, the purchaser shall contact PanelClaw by telephone or mail, and PanelClaw will establish and initiate a review ofthe claim. Warranty service contacts: PanelClaw, Inc. 1600 Osgood Street, Suite 2023 North Andover, MA 01845 Attention: Warranty Service Department Tel: 978.688.4900 C This warranty is transferable to subsequent owners, free of charge, by completing the PanelClaw Warranty Transfer Form, which can be obtained from www.panelclaw.com or by Page 1 of 2 o contacting PanelClaw Warranty Service Department at (978) 688.4900. The warranty form must be completed within 30 days from the transfer. The remaining benefits will be transferred to the new owner. C C Page 2 of 2 o CJ DRAKER "Jl^m, LABORATORIES LIMITED WARRANTY. For a period of five (5) years from the date of delivery, Draker warrants that all Products sold hereunder will operate in conformity with their published specifications and will be free from defects in materials and workmanship under normal operating conditions and subject to Buyer's compliance with all installation and maintenance guidelines. THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY WHETHER EXPRESS OR IMPLIED AND DRAKER HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANITES INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF USE FOR A PARTICULAR PURPOSE. No verbal representation, advertisement, brochure, manual or other document shall modify or otherwise amend this disclaimer. Draker's sole obligation as a result of any breach of the foregoing limited warranty shall be limited to the repair or replacement, detennined by Draker at its sole discretion, ofthe Product or any defective part thereof. Draker is not responsible for the installation of the replacement Product. The foregoing limited warranty shall not apply and will be void in the event of an improper installation, misuse, failure to follow operation or maintenance instructions, failure to comply with the Guidelines, tampering, alteration, abuse or damage. The remedies stated herein are exclusive remedies and Draker shall not be responsible or liable for any indirect, consequential or incidental damages or further loss, including any monetary damages, of any kind whatsoever. The foregoing limited warranty shall not be modified, varied or extended and Draker does not authorize C any person to act on its behalf in the modification, variation or extension of this limited warranty. The foregoing limited warranty only covers Draker Products and any products, accessories or attachments of others used in conjunction with the Products, including without limitation batteries, shall be covered by their own manufacturer warranties, if any. IN ADDITION TO THE FOREGOING, DRAKER'S MAXIMUM LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIMS RELATED TO THE PRODUCTS OR THIS AGREEMENT, REGARDLESS OF CAUSE OR ORIGIN OR LEGAL THEORY, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW SHALL BE LIMITED TO THE TOTAL PURCHASE PRICE FOR PRODUCTS PURCHASED HEREUNDER. In no event will Draker have any liability to the Buyer or any third party or otherwise as a result of any over or under payment which is due, made or become due which is based on data or other information that is collected, complied or reported by Draker or any Products purchased hereunder. Draker makes no representation or warranty that its Products are not subject to circumvention or tampering or that its Products will provide adequate warning or protection to prevent any bodily injury, death or property damage in connection with any system failures. 431 Pine Street. Suite 114. Burlington. VT 05401 802.865.3866 drakerlabs.com Independent Energy Solutions Solar Electric Engineering & Construction COMMISSIONING PLAN PROVIDED FOR: Malcolm Randall VA Medical Center Presented to: Contracting Officer 00776E ATTN: Shon Johnson Department of Veterans Affairs VA National Energy Business Center (VA-NEBC) 6150 Oak Tree Blvd., Suite 300 Independence, OH 44131 PHONE (216) 447-8300 x3596 c o Independent Energy Solutions Solar Electric Engineering & Construction 1. GENERAL INFORMATION PROJECT: PROJECT ADDRESS: SYSTEMS: 2. OVERVIEW Malcolm Randall VA Medical Center Solar Photovoltaic System (Site's 1-4) 2.1 PURPOSE OF COMMISSIONING PLAN The purpose of this commissioning plan is to give direction for the commissioning process, providing resolution for issues encountered such as scheduling, roles and responsibilities, lines of communication and reporting, approvals and coordination. 2.2 COMMISSIONING GOALS AND OBJECTIVES Commissioning involves testing and inspection of installed equipment to verify it is installed according to the design and specifications set forth in the plans and specifications, also to ensure it is operational in accordance with owner's specified requirements. All equipment should be installed per the manufacturer's direction and to the highest industry standards. The testing and inspection data will be made available in writing by means of the commissioning report. The purpose of commissioning is as follows: • Document that equipment is installed and started per manufacturer's requirements • Document that equipment and systems receive complete operational inspection by commissioning team • Verification of system performance • Ensure that the owners operating personnel are adequately trained on the operation of the equipment and understand proper operation/shutdown procedures 2.3 COMMISSIONING SCOPE The following systems are to be commissioned: Independent Energy Solutions, Inc. - 1090 Joshua Way, Vista, CA 92081 USA Ph: 760-752-9706 - Fax: 760-752-9758 - www.indenergysolutions.com CA Lic. No. 805159 AZ Lic. No.L-11 ROC267938 Independent W^^^9 Energy Solutions Solar Electric Engineering & Construction 3. COMMISSIONING TEAM INFORMATION Commissioning Provider/CP: Donovan Jones djones@indenergysolutions.com Commissioning Agent/CA: Joseph Heidlage jheidlage@indenergysolutions.Gom Chief Technical Advisor/CTA: Troy Strand tstrand@indenergysolutiuons.com Project Manager/PM: Jay Millerjmiller@indenergysoltutions.com General Contractor/GC: Department of Veteran Affairs 4. ROLES AND RESPONSIBILITIES In general, the Commissioning provider coordinates the commissioning activities and reports to the owner's construction representative. The Commissioning provider's responsibilities, along with all other contractors' commissioning responsibilities are detailed in the specifications. The specifications will take precedence over this Commissioning Plan. All members work together to fulfill contracted responsibilities and meet the objectives of the Contract Documents. 4.1 GENERAL DESCRIPTION OF ROLES General descriptions of the commissioning roles are as follows: CP: Coordinates the commissioning process, writes and/or reviews testing plans, and compiles the final commissioning report. CA: Performs the commission tests, gathers all data for the commissioning and submits report to CP. CTA: Provides technical support to the CA during the commissioning process, furthermore the CTA reviews all test data gathered and verifies system performance. PM: Facilitates and supports the commissioning process and gives final approval of the work. GC: Facilitates the commissioning process, ensures that Subs perform their responsibilities and integrates commissioning into the construction process and schedule. 4.2 SPECIFICATIONS AND COMMISSIONING Commissioning language in the specifications details the scope of commissioning forthe project. The following table lists the sections of the specifications that include commissioning related language with a brief description. Independent Energy Solutions, Inc. - 1090 Joshua Way, Vista, CA 92081 USA Ph: 760-752-9706 - Fax: 760-752-9758 - www.indenergysolutions.com CA Lic. No. 805159 AZ Lic. No.L-11 ROC267938 Independent Energy Solutions Solar Electric Engineering & Construction TABLE 4.1: SPECIFICATIONS RELATING TO COMMISSIONING SECTION DESCRIPTION Exhibit A Basis Of Design Exhibit B Calculations Report Exhibit C Current Specifications Exhibit D Drawings/Plans Exhibit E Site 1 Test report Exhibit F Site 2 Test report Exhibit G Site 3 Test report Exhibit H Site 4 Test report c o 5. COMMISSIONING PROCESS This section sequentially details the commissioning process by commissioning task or activity. 5.1 COMMISSIONING SCOPE MEETING The scope meeting brings together all members ofthe design, construction, and operations teams that will be involved in the commissioning process. Each building system to be commissioned is addressed, including commissioning requirements, and completion and start- up schedules. During the scope meeting, all parties agree on the scope of work, tasks, schedules, deliverables, and responsibilities for implementation ofthe Commissioning Plan. 5.2 FINAL COMMISSIONING PLAN The Commissioning Agent finalizes the draft Commissioning Plan using the information gathered from the scope meeting. The initial commissioning schedule is also developed along with a detailed timeline. The timeline is fine-tuned as construction progresses. 5.3 SUBMITTALS The general contractor will provide the Commissioning Agent with a set of equipment and system submittals. This equipment data includes installation and start-up procedures, O&M data and performance data. The subcontractors, general contractor or CP notify the commissioning agent of any new design intent or operating parameter changes, added control Independent Energy Solutions, Inc. - 1090 Joshua Way, Vista, CA 92081 USA Ph: 760-752-9706 - Fax: 760-752-9758 - www.indenergysolutions.com CA Lic. No. 805159 AZ Lic. No.L-11 ROC267938 Independent '1^^^^ Energy Solutions Solar Electric Engineering & Construction Strategies and sequences of operation, or other change orders that may affect commissioning systems. 5.4 COMMISSIONING CHECKLIST The Commissioning checklist covers all equipment being commissioned. The checklist captures equipment make, model and serial numbers as well as fuse sizes and quantity. Furthermore the checklist confirms the installation of equipment per plan and the quality of the system install. This is a "no load" test, however AC power from the grid/utility is required to complete the inverter installation checklist as well as the Data Acquisition System (DAS) programming and testing. The inverter will not be allowed to generate power during this phase of testing. 5.5 EXECUTION OF COMMISSIONING AND TESTING The Commissioning Agent schedules operating tests through the General Contractor and Subcontractors. The commissioning agent performs all tests and records the result. Any deficiencies found during testing will be documented in a Deficiency Report. The report will include all details of the components or systems found to be non-compliant with the parameters of the functional performance test plans and design documents. The deficiency report will become part of the punch list. The report will detail the adjustments or alterations required to correct the system operation, and identify the responsible party. The deficiency report will be continuously updated. The Commissioning Agent schedules any required retesting through the General Contractor. Decisions regarding deficiencies and corrections are made at as low a level as possible, preferably between commissioning agent, sub-contractor and general contractor. c o 5.6 OPEN SYSTEM TESTING The purpose of the open system test is to verify the condition of the wiring for each string both positive and negative. This test determines the quality of the insulation, and the polarity of the string. This test is to be performed prior to startup of the system, at each combiner box. The meter is attached to each individual positive wire in sequence, followed by testing of each negative. Conditions during test must also be recorded, irradiance, time, and temperature. This test also records the quality of the conductor insulation for the remainder of the system. The results are recorded in the commissioning report; any issues found will be reported to the GC for correction. As this is a "no load" test, AC power from the grid/utility is not required. The inverter is not powered up during this testing phase. 5.7 OPERATING SYSTEM TEST 5.7-1. OPERATING SYSTEM TEST This test is to be performed with all negatives and positives landed at each combiner box and the inverter. Again the site conditions must be recorded during this testing; irradiance, time. Independent Energy Solutions, Inc. - 1090 Joshua Way, Vista, CA 92081 USA Ph: 760-752-9706 - Fax: 760-752-9758 - www.indenergysolutions.com CA Lic. No. 805159 AZ Lic. No.L-11 ROC267938 o Independent Energy Solutions Solar Electric Engineering & Construcbon temperature and wind speed/direction. At this time the inverter and combiner disconnects will be in the closed position. Each string in the combiners must now be voltage tested and amperage tested for performance of the system based on conditions. This is a full load test of the entire Solar PV system. AC power from the grid/utility is required to complete this test. The inverter will be fully functional during this test and will generate power during this test. The system will need to operate through a full cycle to complete this test. This test requires a 24 hour period of operation to complete. 5.7-2 OPERATING INVERTER TEST All components of the PV system are now in operation. This test is done to verify proper function of installed equipment. The inverter voltage on both AC and DC side are recorded. All readings available from the inverter display are verified and recorded. The time, date, serial number and set points are all verified. Thermo graphic data is recorded during this testing phase. As with the other tests the conditions during testing must be recorded; irradiance, time, temperature and wind speed/direction. This is a full load test of the entire Solar PV system. AC power from the grid/utility is required to complete this test. The inverter will be fully functional during this test and will generate power during this test. The system will need to operate through a full cycle to complete this test. This test requires a 24 hour period of operation to complete. 5.8 REVIEW TEST DATA The CP will receive the data recorded by the CA and review all the information gathered. All data will be verified compared with estimated performance by the CTA to ensure the quality of the installation and the accuracy of the engineering estimates of the installed system. Once the CTA is finished with the review, he will hand the data off to the CP to compile the final commissioning report for the customer. 5.9 COMMISSIONING REPORT A final Commissioning Report will be compiled which summarizes all of the tests, findings, and documentation of the commissioning process. The report will address the actual performance of the PV system in reference to the design documents. The commissioning report includes: • An evaluation of the operating condition of the systems at the time of test completion • Deficiencies that were discovered and the measures taken to correct them • Functional test procedures and results • Reports that document all commissioning field activities as they progressed 5.10 OPERATIONS AND MAINTENANCE MANUALS The operation and maintenance manuals prepared by the contractors for the owner's maintenance personnel are reviewed for completeness. The contractors are encouraged to submit O&M manuals at the earliest possible date. Materials may be added, or requested from Independent Energy Solutions, Inc. - 1090 Joshua Way, Vista, CA 92081 USA Ph: 760-752-9706 - Fax: 760-752-9758 - www.indenergysolutions.com CA Lic. No. 805159 AZ Lic. No.L-11 ROC267938 c Independent Energy Solutions Solar Electric Engineering & Construcbon the contractors, to stress and enhance the importance of system interactions, troubleshooting, and long-term preventative maintenance and operation. 5.11 TRAINING AND ORIENTATION The commissioning agent will assist the owner and general contractor in organizing the training sessions by identifying the appropriate staff for each session and creating an overall training plan. For each training session, the contractors provide a detailed agenda for each piece of equipment or system for which training is required. The agenda describes the training scope, duration, and methods, along with the name and qualifications ofthe trainers. The commissioning agent develops a plan for including in the training session contractors and/or trainers from different disciplines, when appropriate. The trainer documents each training session (duration, general subjects covered, and attendees). The commissioning agent may witness any ofthe training sessions. 6. SCHEDULE 6.1 PRELIMINARY COMMISSIONING SCHEDULE Commissioning Activity Duration Estimated Start Date Estimated Completion Date Commissioning Plan Preliminary Commissioning Plan Scope Meeting Final Commissioning Plan Submittals and Test Writing Execution of Commissioning Open System Testing Commissioning Checklist Operating System Testing Review Test Results Compile Commissioning Report Deliver Commissioning Report O&M and Training O&M Manuals Submitted Review O&M Manuals System Training Final Acceptance by GC/System Owner Independent Energy Solutions, Inc. - 1090 Joshua Way, Vista, CA 92081 USA Ph: 760-752-9706 - Fax: 760-752-9758 - www.indenergysolutions.com CA Lic. No. 805159 AZ Lic. No.L-11 ROC267938 Independent 'll^^r^y Energy Solutions Solar Electric Engineering & Construcbon 04.01.2011 To whom it may concern. The purpose of this letter is to detail the testing/commissioning process to ensure that all parties involved are clear on the steps involved. The testing/commissioning process identifies all installed equipment is installed, inspected and operating as intended. There are three main tests that Independent Energy Solutions, Inc. (IES) performs in order to safely verify the installation. 1. OPEN SYSTEM TEST a. This test verifies the system in a "no load" environment Data recorded during this testing phase includes: i. Weather conditions ii. String/Array polarity iii. Insulation testing b. As this is a "no load" test, AC power from the grid/utility is not required. The inverter is not powered up during this testing phase. 2. COMMISSIONING CHECKLIST a. This test verifies the equipment and the overall system installation. Data recorded during this testing phase includes: i. Installed equipment information (make, model, serial number) ii. Inspection checklist b. This is also a "no load" test, however AC power from the grid/utility is required to complete the inverter installation checklist as well as the Data Acquisition System (DAS) programming and testing. The inverter will not be allowed to generate power during this phase of testing. 3. OPERATING SYSTEM TEST a. This test verifies the systems electrical function. Data recorded during this testing phase includes: i. Weather conditions ii. String/Array output iii. Inverter function/output iv. Thermal Image Survey iv. DAS verification b. This is a full load test of the entire Solar PV system. AC power from the grid/utility is required to complete this test The inverter will be fully functional during this test and will generate power during this test. The system will need to operate through a full cycle to complete this test. This test requires a 24 hour period of operation to complete. Sincerely, Donovan P. Jones Director of Construction Independent Energy Solutions, Inc. - 1090 Joshua Way, Vista, CA 92081 USA Ph: 760-752-9706 - Fax: 760-752-9758 - www.indenergysolutions.com CA Lic. No. 805159 c Independent Energy Solutions PROJECT Solar Electric Engineering & Construction LOCATION STRING FUSE POL VDC i QPOS 0 NEG GFT TIME TEMP WEATHER ARRAY COMBINER 1 2 3 4 5 6 7 8 9 10 DAYSTAR READING: BACK OF MODULE TEMP: W/M' °C DATE: TECHNICIAN: STRING FUSE POL VDC Q POS Q NEG GFT TIME TEMP WEATHER ARRAY COMBINER 1 2 3 4 5 6 7 8 9 10 DAYSTAR READING: BACK OF MODULE TEMP: W/M' °C DATE: TECHNICIAN: STRING FUSE POL VDC Q POS Q NEG GFT TIME TEMP WEATHER ARRAY COMBINER 1 2~ 3 4 5 6 7 8 9 10 DAYSTAR READING: BACK OF MODULE TEMP: W/M' °C DATE: TECHNICIAN: OPEN SYSTEM TEST REPORT 04.04.2011 Independent Energy Solutions PROJECT Solar Electric Engineering & Consiruction LOCATION CONDUCTOR DESIGNATION FROM TO TIME 0 RESULT AMBIENT TEMP: DATE: WEATHER: TECHNICIAN: c OPEN SYSTEM TEST REPORT 04.04.2011 PROJECT COMMISSIONING CHECKLIST PROJECT DATE LOCATION WEATHER BUILDING TECHNICIAN INSTALLED EQUIPMENT INVERTER MANUFACTURER MODEL SERIAL NUMBER DOOR KEY CODE GATEWAY INFO GF FUSE SIZE NOTES MODULES MANUFACTURER MODEL SERIAL NUMBER QUANTITY NOTES COMBINER BOX MANUFACTURER MODEL SERIAL NUMBER QUANTITY FUSE SIZE DISCONNECT (Y/N) NOTES DC DISCONNECT MANUFACTURER MODEL SERIAL NUMBER QUANTITY FUSE SIZE FUSE TYPE NOTES AC DISCONNECT MANUFACTURER MODEL SERIAL NUMBER QUANTITY FUSE SIZE FUSE TYPE NOTES CGOM MANUFACTURER MODEL SERIAL NUMBER QUANTITY AMPACITY CT RATIO VOLTAGE PHASE WIRE JAW FORM METER INFO NOTES AC COMBINER MANUFACTURER MODEL SERIAL NUMBER JOB NUMBER BUS AMPACITY MAIN OCPD RATING VOLTAGE PHASE WIRE INSTALLED OCPD'S NOTES POC CONNECTION TYPE LOCATION MANUFACTURER MODEL OCPD FRAME SIZE OCPD TRIP SIZE NOTES DAS PROVIDER GATEWAY MAC NET PROVIDER STATIC/DHCP IP ADDRESS SUBNET MASK DEFAULT GATEWAY DNS1 DNS 2 RS-485 CHAIN ENVIRO EQUIP 2% METER INFO NOTES CHECKLIST INSPECTION AS BUILT DRAWINGS YES NO INITIAL DRAWINGS HAVE BEEN VERIFIED TO ACTUAL SITE CONDITIONS DRAWINGS INCLUDE ARRAY TERMINATIONS AND POLARITY DRAWINGS INCLUDE STRING LOCATIONS WITHIN ARRAY DRAWINGS INCLUDE ARRAY TILT AND AZIMUTH DRAWINGS INCLUDE ARRAY SHADING CONCERNS DRAWINGS INCLUDE TRENCH LOCATIONS DRAWINGS INCLUDE CONDUIT LOCATIONS WHERE NECESSARY INSTALLED EQUIPMENT HAS BEEN VERIFIED TO DRAWINGS NOTES ARRAY AND RACKING YES NO INITIAL RACKING IS STRAIGHT, SQUARE, EVEN AND SOLID RACKING SYSTEM IS NEATLY TRIMMED AND FULLY TIGHTENED ALL PENETRATIONS ARE WATER TIGHT ALL MODULE CLAMPS ARE TIGHT AND PROPERLY SEATED ALL MODULE WIRING CONNECTIONS ARE TIGHT AND FULLY SEATED ALL MODULE WIRING CONNECTIONS ARE PROPERLY LABELED ARRAY AND RACKING IS FULLY AND CONTINUOUSLY GROUNDED ARRAY HAS BEEN INSPECTED FOR PINCHED OR DAMAGED WIRES ARRAY WIRING IS TIDY. SECURE AND UV PROTECTED ARRAY IS CLEAN NOTES ARRAY AZIMUTH - ARRAY TILT • AVERAGE HEIGHT OFF ROOF SOILING RATING RECOMMENDED CLEANING TIMES PER YEAR CONDUIT YES NO INITIAL ALL CONDUIT FITTINGS ARE TIGHT AND RATED FOR THE APPLICATION ALL CONDUIT SLEEPERS ARE SECURED TO ROOF CONDUIT IS SUPPORTED WITHIN 36" OF EACH TERMINATION CONDUIT SUPPORTS ARE SPACED AT NO MORE THAN 10' INTERVALS NO MORE THAN 360° OF BENDS BETWEEN PULLING POINTS ALL CONDULETS AND ENCLOSURES ARE ACCESSIBLE AND CLOSED EXPOSED DC CONDUIT HAS BEEN IDENTIFIED AT 10" INTERVALS PROPER FITTINGS HAVE BEEN USED AT EXPANSION JOINTS ALL TERMINATIONS INCLUDE SECURE BUSHINGS ALL METALLIC CONDUIT IS EFFECTIVELY GROUNDED/BONDED CONDUIT IS CLEAN AND PAINTED IF REQUIRED NOTES WIRING YES NO INITIAL ALL CONDUCTORS ARE PROPERLY IDENTIFIED ALL CONDUCTORS ARE PROPERLY TERMINATED ALL TERMINATIONS ARE TORQUED TO MFG. SPECIFICATIONS WIRE INSULATION IS FREE OF DAMAGE/DEFECTS TERMINATIONS ARE TIDY, SECURE AND ACCESSIBLE SERVICE LOOPS HAVE BEEN INSTALLED WHERE REQUIRED DRIP LOOPS HAVE BEEN INSTALLED WHERE REQUIRED CONDUIT TERMINATIONS HAVE BEEN SEALED WHERE REQUIRED SPLICES ARE ACCESSIBLE AND PROPERLY INSTALLED EQUIPMENT GROUND IS CONTINUOUS NOTES INVERTER YES NO INITIAL INVERTER IS CONFIGURED FOR CORRECT AC SITE VOLTAGE INVERTER DC POLARITY IS CORRECT ALL INTERNAL TERMINATIONS AND CONNECTIONS ARE SECURE TERMINATIONS HAVE BEEN TORQUED TO MFG. SPECIFICATIONS PLACARDS/LABELS ARE INSTALLED, CORRECT AND SECURE INVERTER HAS BEEN GROUTED WHERE REQUIRED INVERTER HAS BEEN SECURED ACCORDING TO PLAN INVERTER IS CLEAN INVERTER DOOR KEYS ARE AVAILABLE INVERTER INSTALLATION/OPERATION MANUAL IS AVAILABLE INVERTER HAS BEEN INSTALLED ACCORDING TO MFG. INSTRUCTIONS NOTES DISCONNECT SWITCHES YES NO INITIAL DISCONNECTS ARE SECURE AND RATED FOR APPLICATION DC CONDUCTORS FROM ARRAY TERMINATE ON LINE SIDE DC CONDUCTORS TO INVERTER TERMINATE ON LOAD SIDE AC CONDUCTORS FROM UTILITY TERMINATE ON LINE SIDE AC CONDUCTORS TO INVERTER TERMINATE ON LOAD SIDE TERMINATIONS HAVE BEEN TORQUED TO MFG. SPECIFICATIONS CONDUIT TERMINATIONS INCLUDE SECURE BUSHINGS CONDUIT TERMINATIONS HAVE BEEN SEALED WHERE REQUIRED PLACARDS/LABELS ARE INSTALLED, CORRECT AND SECURE NOTES CGOM YES NO INITIAL CONDUCTORS FROM INVERTER TERMINATE ON THE LINE SIDE CONDUCTORS FROM UTILITY TERMINATE ON THE LOAD SIDE EQUIPMENT GROUND CONDUCTOR DOES NOT PASS THROUGH CONDUCTORS DO NOT CROSS CT SECTION NEUTRAL CONDUCTOR IS PRESENT IF REQUIRED THE METER AND EQUIPMENT IS UTILITY ACCESSIBLE ALL LOTO TAGS AND LOCKS HAVE BEEN REMOVED PLACARDS/LABELS ARE INSTALLED, CORRECT AND SECURE NOTES ACCP/POC YES NO INITIAL OCPD'S SETTINGS HAVE BEEN VERIFIED OCPD'S HAVE BEEN TESTED WHERE REQUIRED CONDUIT TERMINATIONS HAVE BEEN SEALED WHERE REQUIRED PLACARDS/LABELS ARE INSTALLED, CORRECT AND SECURE ACCP IS CLEAN AND SECURED ACCORDING TO PLAN NOTES GROUND RESISTANCE AT POC GROUND n DAS YES NO INITIAL DAS HAS BEEN TESTED AND VERIFIED WITH PROVIDER SITE HAS CONNECTED WITH DAS PROVIDERS SERVER DATA HAS BEEN DISPLAYED ON WEB VIEW DATA HAS BEEN VERIFIED TO SITE CONDITIONS ALL DAS DEVICES ARE ACCURATELY REPORTING DATA WEB VIEW HAS BEEN CONFIGUREDA/ERIFIED ALERTS HAVE BEEN CONFIGURED, TESTED AND VERIFIED KIOSK'S HAVE BEEN TESTEDA/ERIFIED WHERE REQUIRED PLACARDS/LABELS ARE INSTALLED, CORRECT AND SECURE NOTES SITE/GENERAL YES NO INITIAL ALL SAFETIES ARE IN PLACE ALL PLACARDS AND LABELS ARE IN PLACE, CORRECT AND SECURE SITE IS FREE OF LITTER, UNUSED MATERIAL, TOOLS, ETC. CUT METAL HAS BEEN FILED AND PAINTED WHERE REQUIRED FENCING HAS BEEN GROUNDED/BONDED WHERE REQUIRED DIGITAL PHOTOGRAPHS HAVE BEEN TAKEN ALL EQUIPMENT DIGITAL PHOTOGRAPHS HAVE BEEN TAKEN OF ARRAY AND SITE SITE IS CLEAN AND COMPLETE OPEN SYSTEM TEST REPORT HAS BEEN COMPLETED INVERTER HAS BEEN COMMISSIONED PER MFG. REQUIREMENTS OPERATING SYSTEM TEST REPORT HAS BEEN COMPLETED THERMAL IMAGE SURVEY/REPORT HAS BEEN COMPLETED PERFORMANCE VERIFICATION HAS BEEN COMPLETED NOTES Financial Spreadsheet: Option 1 Based on EPBB results [Safe stment Analysis afey Training Center Energy Solar PV Financial Analysis Areas for the Bidder to provide values Areas that will be calculated by formula City Provided Information Solar PV Summary Statement of Costs and Savings Energy Efficiency Measure Estimated Cost EPBB Annual kWh Production Estimated Annual Performance Degradation (%/yr) Electric Rate ($/kWh) Structure mounted Photovoltaic Panels $ 429,470 178,461 0.03% $ 0.19 Totals $ 429,470 178,461.00 $ 0 BENEFIT DRIVERS 1 2 3 Estimated Annual Production with degradation (kWh) 178,461 178,416 178,372 Structure mounted Photovoltaic Panels - Annual Savings (pos value) $ 34,621 $ 35,997 $ 37,428 CSI Rebates - 5 yr PBl @ $0.114/kWh (pos value) S 19,631 $ 19,626 $ 19,621 Annual Maintenance Costs (negative value) S (1,250) Predicted replacement of components - inverters, etc (negative value) Total benefits realized $ 54.252 $ 54,373 5 57.049 its YearO Yearl Year 2 Years 1 1 $ 429,470 1 $ -1 $ \$ - 1 Benefits YearO Yearl Year 2 Years Annual benefit flow $ (429.470) $ 54,252 $ 54,373 $ 57,049 Cumulative benefit flow $ (429,470) $ (375,218) $ (320.845) $ (263.796) Discounted benefit flow YearO Yearl Year 2 Years Discounted costs $ 429,470 $ $ $ Discounted benefits $ -$ 53,188 $ 52.262 $ 53.758 Total discounted benefit flow $ (429,470; $ 53,188 $ 52.262 $ 53,758 Total cumulative discounted benefit flow $ (429,470J $ (376,282) $ (324.020) $ (270.262) Initial investment YearO Shade Structure mounted Photovoltaic Panels $ 429,470 $ 429,470 Total costs $ 429.470 Investment Measures Cost of capital 2.00% Total Investment Costs $429,470 Total CSI Rebates (not discounted) $98,104 Present Value of Benefits $1,439,539 Present Value of Investment $990,264 ixciurn on Investment 235.19% Payback Period (in years) 9.29 Discounted Payback Period (in years) 10.20 Financial Spreadsheet: Option 1 Based on EPBB results IRR 12.61% C C Premium will be adjusted based on fmal contract price Bond No. 41311903 Premium included in performance bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of Califomia, by Resolution No. 2015-094, adopted April 4, 2015, has awarded to Independent Energy Solutions, (hereinafter designated as the "Principal"), a Contract for: SAFETY TRAINING CENTER SOLAR PV in the City of Carlsbad, in strict conformity with the drawings and specifications, and otiier Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Independent Energy Solutions, as Principal, (hereinafter designated as the "Contractor"), and Platte River Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Four Hundred Twenty-Nine Thousand Four Hundred Seventy Dollars ($429,470), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 3/6/15 Page 50 of 56 Pages In the event that Contractor is an individual, not exonerate the Surety from its obligations Executed by COiURACTOR this (/^^ day of ^JiLALj . 20/^. CONTRACTOR: INDEPENDENT ENERGY SOLUTIONS (sign here) (print name here) it is agreed that the death of any such Contractor shall under this bond. By:. UL (title and organization of signatory) (sign here) (print name here) Executed by SURETY this of June nth day SURETY: Platte River Insurance Company (name of Surety) 2121 North Calitornia Blvd, #3O0 Walnut Creek, CA 94596-3572 ,2015 (address of Surety) 925-262-2713 (telephone number of Surety) (signature of Attomey-in-Fact) Cyndi Beilman, Attorney-in-Fact (printed name of Attomey-in-Fact) (attach corporate resolution showing current power of attomey) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attorney Revised 3/6/15 Page 51 of 56 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego On June 11, 2015 Date personally appeared } before me, Pam Davis , Notary Public, insert Name of Notary exactly as it appears on the official seal Cyndi Beilman Name(s) of Signer(s) ^1 PAM DAVIS Commission # 1991984 Notary Public - California | San Diego County - My Comm. Expires Oct 20. 2016 ^ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my h Signature Signature of Notary Public Pam DaviS OPT/ONAL Though the information below is not required by law, it may prove valuable to persons relying on thie document and could prevent fraudulent removai and reattachment of the form to another documenf. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner • Limited • General [Vl Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer —Title(s): • Partner • Umited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here - PLATTE RIVER INSURANCE COMPANY 41311903 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation ofthe State of Nebraska, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint -CYNDI BEILMAN; ANNE WRIGHT; DANA MICHAELIS its true and lawful Attomey(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TCEXCEED: $20,000.000,00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority ofthe following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January, 2002. "RESOLVED, that the President, and Vice-President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attomey for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of the company; the signature of such officers and the seal of the Corporation may be affixed to such power of attomey or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said ofTicers, at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State ofFiorida Department of Transportafion. It is fully understood that consenting to the State ofFiorida Department of Transportafion making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. IN WITNESS WHEREOF, the PLATTE RIVER INSURANCE COMPANV has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 8th day of January, 2014. Attest: Richard W. Allen III President Surety & Fidelity Operations STATE OF WISCONSIN COUNTY OF DANE S.S. PLATTE RIVER INSURANCE COMPANY Stephen J. Sills CEO & President On the 8th day of January, 2014 before me personally came Stephen J. Stills, to me known, who being by me duly swom, did depose and say: that he resides in the County of New York, State of New York; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described herein and which executed the above instmment; that he knows the seal of the said corporation; that the seal affixed to said instmment is such corporate seal; that it was so affixed by order of the Board of Directors ofsaid corporation and that he signed his name thereto by like order. STATE OF WISCONSIN COUNTY OF DANE S.S.: CERTIFICATE Daniel W. Kraeger Notary Public, Dane Co., WI My Commission Is Permanent I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attomey remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this 11th day of June , 2 015 . Alan S. Ogilvie Secretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL, 800-4/5-4450. PR-POA (Rev. 11-13) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 State of California County of ^/^O .h/^^D On c^O^ ^jOlOI^ before me, } Date personally appeared Here Insert Name and Title of the Officer Name(s) of Signer(s) DEBBIE LYNN CHRISTENSEN \ Commitsion # 2062645 I Notary Mic-Caiifornia i San Oitgo Couniy I MyComm. EyVl^.. j>ni«J Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hay(S^r\6 official sj^aj. Signature: L\ OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Document Date: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual .• Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: o Signer Is Representing: Signer Is Representing: © 2013 National Notary Association • www.NatlonalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 Bond No. 41311903 Premium: $8,589.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad. State of California, by Resolution No. 2015-094, adopted April 4, 2015, has awarded to Independent Energy Solutions, (hereinafter designated as the "Principal"), a Contract for: SAFETY TRAINING CENTER SOLAR PV in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, Independent Energy Solutions, as Principal, (hereinafter designated as the "Contractor"), and Platte River Insurance Company - as Surety, are held firmly bound unto the City of Carlsbad in the sum of Four Hundred Twenty-Nine Thousand Four Hundred Seventy Dollars ($429,470), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in atl things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; othen/^ise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. ^¥ Revised 3/6/15 Page 52 of 56 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor stiall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this day of ^^flkLxj , 20 CONTRACTOR: INDEPENDENT ENERGY SOLUTIONS \ShrQAfl (sign here) (print name here) (address of Surety) 925-262-2713 (Title and Organization of Signatory) (telephone number of Surety) day of .2015 Executed by SURETY this 11th June SURETY: Platte River Insurance Company (name of Surety) 2121 North California Blvd, #300 Walnut Creek, CA 94596-3572 (signature of Attorney-in-Fact) By: (sign here) (print name here) Cyndi Beilman, Attorney-in-Fact (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTF^CTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, ttie corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attomey o Revised 3/6/15 Page 53 of 56 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego On June 11, 2015 Date personally appeared } before me, Pam Davis , Notary Public, Insert Name of Notary exactly as it appears on the official seal Cyndi Beilman Name(s) of Signer(s) PAM DAVIS f Commission # 1991984 t Notary Public - California 1 San Diego County '•^ My Comm. Expires Oct 20. 20161 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my han Signature official seal. Place Notary Seal Above Signature of Notary Public Pam DaviS OPTfONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner • Limited • General 21 Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer —Title(s): • Partner • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here PLATTE RIVER INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation ofthe State of Nebraska, having its principal offices in the City of Middleton. Wisconsin, does make, constitute and appoint CYNDI BEILMAN; ANNE WRIGH T; DANA MICHAELIS its trae and lawful Attomey(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TCEXCEED: $20,000.000.00 This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January, 2002. "RESOLVED, that the President, and Vice-President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more vice-presidents, assistant secretaries and attomey(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of the company; the signature of such officers and the seal of the Corporation may be affixed to such power of attomey or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." In connection with obligafions in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and constraction contracts required by the State of Florida Department of Transportation. It is fully understood that consenfing to the State of Florida Department of Transportation making payment of the final esfimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. IN WITNESS WHEREOF, the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 8th day of January, 2014. Attest: Richard W. Allen III President Surety & Fidelity Operations hf STATE OF WISCONSIN COUNTY OF DANE S.S.: On the 8th day of January, 2014 before me personally came Stephen J. Stills, to me known, who being by me duly sworn, did depose and say: that he resides in the County of New York, State of New York; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described herein and which executed the above instrament; that he knows the seal of the said corporation; that the seal affixed to said instrament is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF WISCONSIN COUNTY OF DANE S.S. CERTIFICATE I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attomey remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. 11th dayof June .2 015 . Signed and sealed at the City of Middleton, State of Wisconsin this Alan S. Ogilvie Secretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL. 800-475-4450. PR-POA (Rev. 1 l-l.i) PLATTE RIVER INSURANCE COMPANY Stephen J. Sills CEO & President Daniel W. Kraeger Notary Public, Dane Co., WI My Commission Is Permanent CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 State of California County of vS^O ^iBbO ] before me, Here Insert Name and Title of the Officer Dafe personally appeared Name(s) of Signer(s) DEBBIE LYNM CHRISTENSEN P Commitsion # 2062645 K Notary PubHc • California 1 San Oitgo County ^ My Comm. Expirts Mar 28. 20181 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person^^whose name(s) is/are subscribed to the within instrument and acknowledged to me that b«/5he/th€V executed the same in hHs/her/their authorized capacity(t^, and that by ^/her/their signature(€r on the instrument the person(s^ or the entity upon behalf of which the person(«facted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h^rfnpl and official seal. Signature: Signature of No^ry Pubnc OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attactied Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Document Date: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — H Limited • General ;j Individual .• Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer's Name: • Corporate Officer — Title(s): • Partner — r i Limited P1 General • Individual • Attorney in Fact n Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer Is Representing: © 2013 National Notary Association • www.NatlonalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907